LIBRARY OF THE UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN ILLIKCSS HISTORICAL SURVEY Illinois and the Nation A PRACTICAL TREATISE ON STATE AND NATIONAL CIVICS 335 By OLIVER R. TROWBRIDGE Member of the Bloomington Bar <£ Edited by GILBERT P. RANDLE Superintendent of Schools Danville, Illinois A. FLANAGAN COMPANY, CHICAGO COPYRIGHT 1887, 1889, 1912, 1915 BY OLIVER R. TROWBRIDGE 77J Mf-tU-.X^y ilts- Tis PREFAC'K The State of Illinois expends many millions of dollars annually for educational purposes in order that her schools may prepare their pupils for good citizenship. In these days it is not enough that our youths become honest, industrious, and law-abiding citizens. They must be educated in the elementary principles and practical workings of our republican form of government. Igno- rance in regard to these matters is far too prevalent among our people. New questions, such as concern the civil service, direct legislation, proportional representa- tion, and kindred subjects constantly rise and must be met in a practical way. Unless the people understand the present machinery of our government, they can judge neither of its merits and demerits, nor of those of any proposed alteration. This book was written in the hope of promoting the study of the governments of Illinois and the nation, and of hastening the time when Civil Government, or Civics, should be added to the list of required studies for our common schools. This hope, first expressed by the author in 1887, has been realized in the amendment to our school laws in 1905 making Civics and the History of Illinois common school studies. OLIVER R. TROWBRIDGE EDITOR'S PREFACE It is not without some hesitation that I have under- taken the revision of this deservedly popular work. For more than two decades Illinois and the Nation has been the most helpful as well as the most widely read text on Civil Government offered to the schools of Illinois. Since the book was first issued there have been many changes in legislation, but Mr. Trowbridge has always kept his work thoroughly revised. While the great principles of government remain unchanged, the adoption of the sixteenth and seven- teenth amendments to the national Constitution, together with such marked changes in our state government as the establishment of the Board of Administration, the Public Utilities Commission, and the State Highway Commission, and the passage of the Woman's Suffrage Act, have called for another complete revision. In this revision practically all of Mr. Trowbridge's excellent work has been retained. The editor cannot hope that all errors have been avoided. He will be grateful for any information which will assist in correcting any error of statement. GILBERT P. RANDLE SUGGESTIONS TO TEACHERS In the words of the author, "Unless the people understand the present machinery of our government, they can judge neither of its merits nor demerits, nor of those of any proposed alteration." The author has so organized his subject matter that the teacher has ready at hand an abundance of material for the acquiring of knowledge as to the machinery of government — local, state, and national. So far as possible the author has gone into the theory of government. The teacher is a necessary supplement to any text-book. Perhaps no teacher will want to use all the material here offered. Certainly no one will want to have all matter of detail memorized. The teacher must decide what portions of the book are most necessary for her use. To assist in mak- ing this decision the book has been divided into Part One — containing the material most likely to be used in all of the schools; and Part Two — containing supple- mentary material for reading or further study; and the Appendix — containing the Constitution of Illinois and the Constitution of the United States. Throughout Part One questions for study, outlines and tables have been placed. These are a necessary means — not an end. Try to bring this study home to the pupil by giving him questions to look up outside of the class — such as "Who is the mayor? By whom elected? For how long? If he is not a good official how does that affect you?" Til viii ILLINOIS AND THE NATION Go through the form of holding a Presidential election, a meeting of the city council, and a nominating con- vention. Above all, remember the pupil likes a subject which is definitely presented to him. Some teachers are afraid to assign work which requires a definite statement of fact for the answer. Do not make this mistake. When a pupil has made a topical recitation follow this by sim- ple direct questions to test not only what he knows, but how he knows it and what use he can make of this knowledge. Remember that every subject has its own vocabulary and that a pupil never becomes proficient in a subject until the peculiar vocabulary of that subject is at his command. Have pupils keep lists of the new words or words used in new meanings, and frequently review these words by using them in short, pointed sen- tences until their use becomes easy. For illustration: executive, ex post facto, enactment, habeas corpus, enact- ing clause, jurisdiction, electoral, etc. After a chapter has been studied, test for the main facts by using a series of questions which may be answered by a single word or phrase — as: 1. What official is the chief executive of the state? 2. Who presides over the House of Representatives? 3. How many senatorial districts are there in Illinois? 4. In what congressional district do you live? Frequently review in this way, being careful to change the form and order of your questions. CONTENTS PART ONE PAGE Hi>torical Sketch i (H AFTER I. The Township Survey System 4 II. State Government 13 III. The Divisions ok the State 49 IV. County Government 54 V. Town Government 66 VI. City and Village Government 79 VII. Commission Form of Municipal Govf.rn.ment ... 84 VIII. Public School System 90 IX. Miscellaneous 108 X. Xational Government 116 PART TWO For Additional Reading or Study 181 -214 State Educational Institutions — State Charitable Institutions — Illinois Central Railroad — Illinois and Michigan Canal — State Boards and Commissions — State Officers Appointed by the Governor — The Constitutional Convention — Table of Electoral Districts — Maps. APPENDIX Constitution of Illinois 217 Constitution of the United Statu 262 ILLUSTRATIONS PAGE The State Capitol, Springfield Frontispiece The Senate Chamber, Springfield 14 The Assembly Chamber, Springfield 28 Illinois Supreme Court Building, Springfield 42 Illinois State Normal University, Normal 92 Eastern Illinois State Normal School, Charleston . . . 100 Northern Illinois State Normal School, De Kalb .... 108 The United States Capitol, Washington, D. C 126 The White House, Washington. D. C 146 The United States Treasury, Washington, D. C . . . . 160 How a Bill Becomes a Law 180 MAPS Illinois — County Boundaries and Population, 1910 .... 211 Illinois — Congressional Districts 212 Illinois — Senatorial Districts 213 Illinois — Judicial Circuits 214 ILLINOIS AND THE NATION ILLINOIS AND THE NATION PART ONE CIVIL GOVERNMENT OF ILLINOIS HISTORICAL SKETCH Northwest Territory. At the close of the Revolution- ary War, nearly every state claimed that its western boundary was the Mississippi River. But very soon New York, Virginia, Connecticut, and Massachusetts gave that part of their territory lying north of the Ohio River and west of Pennsylvania to the United States to assist in paying the debt incurred by the Revolution. In 1787, Congress formed the territory received from these states into the Northwest Territory, and after sur- veying it, sold it as public land. When did the Revolutionary War close? What states reserved a part of their western territory? What were the reserved territories, and what were they called ? Indiana Territory. In 1800, the Northwest Territory was divided, and Indiana Territory was formed of the western part. It included all the Northwest Territory except the present State of Ohio and a small part of Indiana and of Michigan. Illinois Territory. In 1809, Indiana and Michigan u rritory having been taken out, the remainder was called the Illinois Territory. It included Illinois, Wis- consin, and part of Minnesota. l 2 ILLINOIS AND THE NATION State of Illinois. In 1818, Illinois was admitted as a state. Capitals. Illinois has had three capitals. The first, Kaskaskia ; the second, Vandalia ; the third, Springfield. Locate each. Constitutions. Illinois has had three constitutions also. The first was adopted in 1818, the second in 1848, and the third in 1870. The last one forms the basis of our study. Boundary. The constitutional or legal boundary of a state may differ from its geographical boundary. Let us take a journey together, following the legal boundary line of Illinois. Starting at the point where parallel of latitude 42 degrees 30 minutes N. crosses the middle of the Missis- sippi River, we follow this parallel eastward until it intersects the meridian which marks the middle of Lake Michigan; then south on this meridian until we reach the northern boundary of Indiana, which we follow west- ward until we come to the meridian passing through Vincennes, Indiana ; we then go south on this meridian until we come to the middle of the Wabash River; we follow the middle of this river until we come to its junc- tion with the Ohio River, at which place we are obliged to change to the northwest bank of the latter, which we follow down stream to the Mississippi River; then, fol- lowing the middle of the "Father of Waters," we com- plete our journey by ascending to the point of starting. Trace this journey on a map. When countries or states are separated by lakes or navigable rivers, the middle of the lake or stream is usually the boundary line. The Northwest Territory had for its southern bound- ary the northern side of the Ohio River at low water HISTORICAL SKETCH 3 mark, and the states formed from it all have the same for their southern boundaries. Rapidly sketch an outline map of the old Northwest Territory. Bound that territory. What states have been formed from it? CHAPTER I THE TOWNSHIP SURVEY SYSTEM How Land Is Divided Need of a Survey System. In order that we may understand what is to follow, we must now learn about the township system of land surveys in the United States. Prior to 1786 the land surveys were by no means uni- form. In that year Congress adopted a new system of which Thomas Jefferson is said to have been the author. A good system of surveys must divide the land into tracts of convenient shape and size, and must briefly and accurately designate each tract, however small. Let us first learn how the land is divided ; second, how described. Principal Meridian. The surveyors begin by estab- lishing a north and south line which passes through some prominent and convenient point. Of course the line is a meridian of the earth's surface, and since the surveyors use it as their principal north and south line, it is called a principal meridian. Base Line. A line which crosses the principal me- ridian at right angles at some convenient point is then established, and is called a base line. Township Lines. Meridians six miles apart on each side of the principal meridian, and parallels six miles apart on each side of the base line are then established. These are called township lines. 4 THE TOWNSHIP SURVEY SYSTEM . r » Congressional Townships. The squares inclosed by the township lines are calledjcongressional townships. We need not stop for all the particulars of the survey. By consulting the following diagram, we can understand the main features of the system : 1 G I "1 uzn in L lllllll c 1 ±L 1 B * t 1 i c 1 1 T s Township 3 South. But these descriptions are not sufficiently accurate, as all townships east and west of these two are numbered just as they are with reference to the base line. Ranges. With reference to the principal meridian the townships are not numbered separately east and west, but are considered in rows, or ranges, as they are called. All townships immediately east of the principal meridian are in Range 1 East ; the townships immediately east of these are in Range 2 East, etc. The township marked * in Dnagram I is completely described as Township 1 North, of Range 4 East of the given principal meridian ; the township marked f, as Township 3 South, of Range 4 West of the given prin- cipal meridian. Study the diagram until you can describe accurately any township or locate it when its description is given. Survey of Illinois. Illinois is surveyed partly from the Second, partly from the Third, and partly from the Fourth Principal Meridian. South of the middle of Kankakee County the ranges are numbered east from the Third Principal Meridian to Range XI ; north of this line they are numbered east to the state line. The ranges number west from this me- ridian to the Mississippi and Illinois rivers, except those numbered from the Fourth Principal Meridian. The ranges in Illinois east of Range XI are numbered west from the Second Principal Meridian. Range XI East is a range of fractional townships. That part of Illinois lying west of the Illinois River and west of that part of the Third Principal Meridian which is north of the Illinois River, is surveyed from the Fourth Principal Meridian. 10 ILLINOIS AND THE NATION No school in the state should be without a map of Illinois showing the counties, principal meridians, base lines, ranges, lines, townships, and the manner in which they are numbered. Any Chicago dealer in school sup- plies can furnish such a map, mounted for wall use, for from one to two dollars. Sections. The sections of a township are numbered from east to west and from west to east alternately, beginning at the northeast corner of the township. A careful study of the second diagram will make this clear. Be able to reproduce this diagram, as well as the others, from memory. School Sections. Instead of selling all the sections of a township as public land, the United States government set apart Section 16 for the maintenance of public schools. Since 1852, Sections 16 and 36 have been given for school purposes. Such sections are usually called "school sections." In Illinois each township has but one school section. Divisions of Sections. Assume the section repre- sented by Diagram III to be Section Ten in Township 6 North, of Range 3 West of the principal meridian. Then the half-section shown is described as 'the north one-half of Section Ten in Township 6 North, of Range 3 West of the Third Principal Meridian, containing 320 acres more or less;" the quarter section, as "the southeast quarter of Section Ten," etc. ; the one-eighth, as "the north half of the southwest quarter of Section Ten," etc. ; the one- sixteenth, marked *, as "the southeast quarter of the southwest quarter of Section Ten," etc. Give a full description of each subdivision of the sec- tion represented in the following diagram. Abbreviations Used in Describing Land. Descrip- tions may be abbreviated. Thus the tract marked * may THE TOWNSHIP SURVEY SYSTEM 11 be described as N. E. y A of the N. W. %, Sec. 10, T. 6 N., R. 3 E. of the 3d P. M. Write the abbreviations for each of the divisions given below: • 1 t DIAGRAM IV In tax receipts, delinquent tax lists, etc., the descrip- tions are still further abbreviated. The only fractions used in the descriptions are one-half and one-fourth. Since one-fourth occurs much more frequently than one- half, the writing of the former is omitted, being under- stood when no fraction is given. The full description is still further abbreviated by omitting all punctuation marks ; and in printed lists, small letters are used instead of capitals. Thus the tract marked * is described as "ne nw" ; the tract marked f, as "w}4 se." In this way describe all the tracts given and be able to locate any tract from such description. Examine some real estate tax receipts and, if possible, a delinquent tax list as published in the county papers. It is important that the words principal meridian, base line, correction line, etc., have a very definite mean- ing to the pupil. 12 ILLINOIS AND THE NATION Questions and Topics for Study i. (a) What is meant by principal meridian? (b) By base line? 2. Tell how a township is divided into sections and how the sections are numbered. 3. (a) How many principal merid- ians are there ? (b) Are they all numbered ? 4. Is it necessary for the exact description of land that the state and county be given? 5. (a) Draw a line to represent a principal meridian, and a parallel to represent a base line, and then indicate location of your own township, (b) Locate other townships of your county. CHAPTER II STATE GOVERNMENT Three Departments. As in the nation, so in the state, there are three departments of government: The legis- lative, executive, and judicial. The first makes the laws, the second executes the laws, the third interprets the laws and decides disputes arising under them. The three departments, however, are not entirely distinct. The governor, an executive officer, has the power to veto all laws passed by the legislature. The legislature has judicial power in cases of impeachment and executive power in confirming appointments made by the governor. The judiciary have a form of executive power in compelling men to obey the laws and officers to perform their duties, as in cases of mandamus. Legislative Department The State Legislature. The law making body of Illinois is the General Assembly, which consists of two Houses : The Senate, or "Upper House," and the House of Representatives, or "Lower House." The General Assembly is commonly known as the "legislature." How Designated. The different General Assemblies are designated by number, as the First General Assem- bly, the Thirty-eighth General Assembly, etc. Each 13 14 ILLINOIS AND THE NATION General Assembly lasts two years, and in that time holds but one regular session. What is the number of the present General Assembly? Has it held its regular session ? Time and Place of Meeting. The General Assembly holds its regular session at Springfield every two years, the sessions commencing at twelve o'clock noon on the Wednesday next after the first Monday of January of the odd numbered years. Senatorial Districts. Every ten years, at the first ses- sion after the taking of the census, the General Assembly divides the state into fifty-one senatorial districts. These districts must contain as nearly as practicable the same number of inhabitants, must be formed of contiguous and compact territory, and be bounded by county lines. But a county containing not less than one and three-fourths of the senatorial ratio may be divided into separate dis- tricts according to the number of times it contains the ratio. No district can contain less than four-fifths of the senatorial ratio. The senatorial ratio is found by ■dividing the number expressing the population 4 of the state by fifty-one. The districts are numbered from one to fifty-one. In what district do you live? Number of Senators and Representatives. One Sen- ator and three Representatives are elected from each senatorial district. How many members are there in each house? Election of Members. Members of the General As- sembly are elected on the Tuesday next after the first Monday of November of the even numbered years. At every election all of the members of the next Lower House are elected, and half the members of the next Senate, the Senators from the even numbered districts f -*m STATE GOVERNMENT 1., being chosen at one election, and those from the odd numbered at the next. Because half of its members "hold over" at each session, the Senate is sometimes called the "permanent" house of the General Assembly. Were the Senators chosen at the last election from the odd or even numbered districts? Vacancies. When a vacancy occurs in either house, if the legislature is in session, or if there will be a session before the next regular election of members to the Gen- eral Assembly, the Governor orders a special election in the district affected to fill the vacancy. If the vacancy does not occur under these conditions it is not filled until the next regular election. Minority Representation. There are three members of the Lower House elected at the same time in every senatorial district. Every voter has the right to vote for the three men, giving each one vote; for two men, giving to each one and a half votes; or for one man, giving him three votes. A voter may also give two votes to one man and one to another, or distribute his votes in two or three other ways, but he is not likely to do so. By this plan the party in the minority can usually elect one man by having but one candidate and giving him all the votes. How large must the minority be to elect one man ? Usually the party in the majority nominates two can- didates, and the one in the minority nominates one candidate. In this case a nomination is equivalent to an election unless a second minority party develops unex- pected strength in voting for a single candidate. When two parties are nearly equally strong each one may nom- inate two candidates. In this case, the friends of one candidate will give three votes for their favorite, instead of one and a half for each candidate on the ticket. This 16 * ILLINOIS AND THE NATION is called "plumping," and may sacrifice party to personal interests. In 1870, by a special vote, the section of the Consti- tution relating to minority representation was adopted. What are its advantages? Its disadvantages? Do you know of any other state that has minority representation? Term of Members. The members of the Lower House are elected for two years, and those of the Upper House for four years. Eligibility of Members. Senators must be twenty- five, and Representatives twenty-one years of age. Both must be citizens of the United States, residents of the state five years, and of their respective districts the two years preceding their election. Neither Senators nor Representatives can hold any office under the state, the United States, or any foreign government, excepting appointments in the militia, and the offices of notary public and justice of the peace. No person can be a Senator or Representative after he has been convicted of bribery, perjury, or other infamous crime, or after he has failed to account for and pay over all public moneys collected or held by him at any time. The laws of Illinois name the crimes which are "infa- mous" in this state. What is bribery? What is perjury? Oath of Members. In addition to the usual oath of office, every Senator or Representative is required to swear (or affirm) that he has not paid anything, or made any promise in the nature of a bribe, to influence any vote at the time of his election ; and that he has not received, and will not accept, anything from any cor- poration or person for any vote or influence he may give or withhold on any bill, resolution, or appropriation, or for any official act. STATE GOVERNMENT 17 The oath is subscribed by each member, and is filed in the office of the Secretary of State. If any member should refuse to take the oath as prescribed by the Con- stitution, he would forfeit his office. What is it to subscribe an oath? Privileges of Members. Senators and Representa- tives are privileged from arrest in all cases except trea- son, felony, or breach of the peace, during the session of the General Assembly, and in going to and returning from it. Treason is defined in the third article of the Constitu- tion of the United States. (See appendix.) In Illinois a felony is an offense punishable with death or with imprisonment in a penitentiary. What is a breach of the peace? No member of either house can be called to account at any other place for any speech or debate made in the house to which he is elected. This gives freedom of speech. A similar provision is found in the national Constitution. Disabilities of Members. No Senator or Representa- tive can be appointed by the Governor, with or without the consent of the Senate, to any civil office within the state during the term for which he is elected. Members of the General Assembly cannot be inter- ested in any contract with the state, or with any county, which is authorized by any law passed while they are members, or for one year after their terms have expired. What reasons can you give for these disabilities? Salary of Members. Members of the General Assem- bly elected in 1908, or thereafter, receive for their services $1,000 per annum, payable annually, and ten cents for each mile necessarily traveled in going to, and returning from, Springfield. The mileage is computed by the 18 ILLINOIS AND THE NATION auditor of public accounts. Fifty dollars per session is allowed each member for stationery, postage, newspa- pers, and other incidental expenses. Both the pay and the mileage allowed each member are certified to by the presiding officer of his house, and, having been entered upon the journal, are published at the close of the session. The pay of members can be changed, but not for those elected for the term in which the change is made. Quorum. A majority of the members elected to each house constitutes a quorum. What is a quorum? Rules. Each house determines the rules of its own proceedings. When the legislature meets, one of the first things that demands the attention of each house is the rules that are to govern its proceedings. Usually upon motion of some member, the rules of the last Senate or House, as the case may be, are adopted temporarily, and a com- mittee on permanent rules is appointed. This committee soon reports, giving the proposed rules in detail. The rules as reported by the committee are discussed, perhaps amended, and adopted. Some book on parliamentary practice, as Cushing's Manual or Roberts' Rules of Order, is then adopted as authority in all questions not touched upon by the rules adopted. Membership. Each house is the judge of the elec- tions, qualifications, and returns of its own members. It sometimes happens that two men claim election as Senator, or four as Representatives, from the same dis- trict. In such cases those having the proper certificates of election signed by the Governor are usually seated until the proper house can investigate the matter and decide between the contestants. The houses are not STATE GOVERNMENT 19 always impartial judges in cases of contested elections of their respective members, sometimes permitting poli- tics to influence their vote. But it is thought that no -»ther body should decide these cases. Certificates of election are called "credentials." After every election for members of the General \--embly, all county clerks make abstracts of the elec- tion in their respective counties, showing the number of \otes received by each candidate. The abstracts are called the "returns" of the election, and may be ques- tioned as to their genuineness or accuracy. The Secretary of State, Auditor, Treasurer, Attorney- » i«. neral, or any two of them, in the presence of the Governor, examine and count all the returns, and publish the result of the election. Officers, How Chosen. Each house chooses its own officers. Officers of the House. The usual officers of the House are speaker, clerk and three assistants, door- keeper and three assistants, postmaster and one assist- ant, enrolling and engrossing clerk and two assistants. The speaker is a member of the House. Officers of the Senate. The usual officers of the Senate are president, president pro tempore, secretary and two assistants, sergeant at arms, postmaster and one assistant. Speaker. It is the duty of the speaker to preside over the House, to sign all bills passed by the House, to appoint the standing committees and most of the special committees. Committees. There are about forty-five standing 'committees of the House, each consisting of from three to twenty-five, or more, members. Usually a majority of each committee are members of the same political party 20 ILLINOIS AND THE NATION as the speaker. The chairman of the committee is named in the appointment. All measures concerning the state's finances are re- ferred to the Committee on Finance. It examines them separately, and reports on them to the House. In the same way, measures concerning - matters of education are referred to the Committee on Education. Every bill is considered by its appropriate committee. Only slight changes to the reports of committees are usually made by the legislature, so the committees practically control the legislature. For this reason chairmanships of impor- tant committees are much sought after by the friends of the speaker. President of the Senate. The duties of the president of the Senate are about the same as those of the speaker. He is elected by the people under the title of Lieutenant- Governor, and is not a member of the Senate. He has no vote, except when the Senate is evenly divided. The speaker is always a member of the House, and, as such, has a vote on all questions. Many people think that if a member of a body is chosen chairman he has no vote except in case of a tie. This is a mistake. If the chair- man be a member of the body over which he presides, his right to vote on any question is just the same as though he were not chairman. President Pro Tempore. The president pro tempore is a member of the Senate who is chosen to preside in the absence of the president; he does not lose his right to vote. Clerk and Secretary. The clerk of the House and the secretary of the Senate perform similar duties for their respective houses. They read the proceedings of the pre- vious day, call the roll, read bills, resolutions, and keep a record of the proceedings from day to day. The clerk STATE GOVERNMENT 21 is required to furnish the state printer with an exact copy of each day's proceedings, so that a copy of the proceed- ings of the preceding day may be placed upon the desk of each member every morning. Doorkeeper and Sergeant at Arms. The doorkeeper of the House and the sergeant at arms of the Senate serve the processes, execute the orders of their respective houses, maintain order among the spectators, and pre- vent the interruption of business. They may arrest, with or without a warrant, any person guilty of any breach of the peace or crime in or about the State House and its grounds. The doorkeeper of the House announces the secretary of the Senate and the private secretary of the Governor when they wish to deliver communications and mes- sages; he also announces the Senate when that body is to convene with the House in joint session. Enrolling and Engrossing Clerk. This officer prop- erly engrosses all bills and resolutions when ordered to So so by the House. When a bill originates in the House and is passed by both the House and the Senate, he enrolls it before it is laid before the Governor for his approval. Postmasters. The postmasters receive the mail for the members of their respective houses from the govern- ment postoffice and distribute it into the boxes of the members at the postoffice of the General Assembly. Other Officers. Sometimes the House has a reading clerk, and the Senate a bill clerk, whose duties may be inferred from their titles. The president and speaker have each a private secretary. Employees. Besides the officers, there are several employees. There are about twenty clerks of commit- tees ; also a number of policemen and pages. The pages 22 ILLINOIS AND THE NATION are boys who wait upon the members, and carry mes- sages for the speaker and president. Sometimes girls serve as pages. Each house may employ a chaplain. Organization of the House. The Secretary of State calls the House of Representatives to order at the open- ing of each new General Assembly, and presides until a temporary speaker has been chosen and has taken his seat. Since none of the Representatives hold over from the last session, no one of the members present is author- ized to call the House to order. Immediately after the House is called to order by the Secretary of State, prayer is offered, and the roll of the House is called. The House then proceeds to elect a temporary speaker and other temporary officers. After the members have taken the oath of office, they decide what officers and employees the House shall have, and proceed to elect the former. The employees are nearly all appointed by the speaker after his election. Expulsion of Members. No member can be expelled from either house except by a vote of two-thirds of all the members elected to that house, and no member can be twice expelled for the same offense. Members are expelled only for the most serious offenses. How many votes are necessary to expel a Senator? A Representative? If a member should be expelled, and his constituents should return him, he could not be expelled a second time for the same offense. Contempt. Each house may punish by imprisonment any person, not a member, for disrespect to the house, or for disorderly or contemptuous behavior in its presence. But no person can be imprisoned more than twenty-four hours at one time, except for persisting in his objection- able conduct. STATE GOVERNMENT 23 Open Doors. The doors of each house, and of com- mittees of the whole, must be kept open except in cases when, in the opinion of that house, secrecy is required. Can you think of a case that would require secrecy in either house? Committee of the Whole. Sometimes, instead of re- ferring the matter to a committee, the whole house forms itself into a "committee of the whole," and takes up the matter as a committee. When through with the subject, it reports to the house. When a legislative body goes into a committee of the whole, the regular chairman takes his place among the members, and some one else is appointed chairman of the committee. When the committee rises to report, the regular chairman takes his place again, and receives the report of the committee through its chairman. Adjournment. Neither house can, without the con- sent of the other, adjourn for more than two days or to any other place than that in which the two houses are sitting. It sometimes happens that one house is largely of one party and the other house of another. In such cases either house could delay and defeat .the measures of the other by adjournments, were these not restricted. Journals. Each house keeps a journal of its proceed- ings, which is published for distribution. Did you ever see a copy of the journal of either house? Get one and examine it. The Secretary of State will send these journals by express, but may not pay the express charges. Your county clerk may be able to supply you with a copy. Yeas and Nays. In the Senate, at the request of two members, and in the House, at the request of five mem- bers, the yeas and nays are taken on any question and are 24 ILLINOIS AND THE NATION entered upon the journal. The clerk calls the roll of the house, every member votes yea or nay on the question, and his vote is recorded and published in the journal. What are the advantages of this? Protest of Members. If any two members of either house wish to protest against or dissent from any action or vote they think injurious to the public or to any person, they are at liberty to do so in respectful language, and have their reasons entered upon the journal. Style of Bills. All laws of this state begin as follows : Be it enacted by the people of the State of Illinois, repre- sented in the General Assembly. This is called the "enact- ing clause." Without this a law would be void. Where Bills May Originate. Bills may originate in either house, but may be changed or rejected by the other. Final Passage of Bills. On the final passage of all bills the votes are taken by yeas and nays and entered upon the journal. Bills Voted upon Separately. The final vote is taken upon each bill separately. Vote Necessary. No bill becomes a law unless it re- ceives the vote of a majority of all the members elected to each house. How many votes must a bill receive in the Senate? In the House? Three Readings Necessary. Every bill must be read at large on three different days in each house. Bills Must Be Printed. Every bill and all its amend- ments must be printed before the last vote is taken upon it. The printed bills are distributed among, the mem- bers, a copy of each bill being placed in the postoffice box of every member. No member can explain away or excuse his vote by saying he did not know exactly what the bill was about. STATE GOVERNMENT 25 Signatures Necessary. After it has passed both houses a bill must be signed by the president of the Sen- ate and by the speaker before it is presented to the Governor. Only One Subject. No act can embrace more than one subject, and that must be expressed in its title. If any bill embraces a subject which is not expressed in its title, the part relating to this subject is void, but the remainder of the bill remains in force. When there was no limitation to the number of sub- jects that might be included in any bill, it was a common practice to put several subjects into one bill and then force members to vote for the objectionable parts in order to secure the passage of the rest of the bill. Every bill has a title, thus: "An act to establish and maintain a system of free schools." "An act to revive the law in relation to township organisation." Laws Revived or Amended. No law can be revived or amended by reference to its title only ; the act revived or amended must be given in full in the new act. It is easy to see that all these conditions tend to prevent careless and evil legislation. What is it to repeal a law? To revive a law? To amend a law? When Laws Take Effect An act of the General Assembly takes effect upon the first day of July next after its passage, unless in case of emergency. In such a case the act must receive a two-thirds vote of all the members elected to each house, and must have the emer- gency stated in some part of the act. The "emergency clause," as it is called, is usually at the end of the act, and reads as follows: "Whereas an emergency exists (sometimes the emergency is stated), this act shall take effect and be in force from and after its passage." . 26 ILLINOIS AND THE NATION As a rule, laws should not take effect for some time after their passage, in order that the people may learn of them, and adjust themselves and their affairs to the new conditions. The Governor's Veto. When a bill is passed by both houses, it is sent to the Governor for his signature. If he wishes the bill to become a law, he signs it, and so makes it a law. But if he does not wish it to become a law, he does not sign it, but sends it back to the house in which it originated. With it he sends his objections, which are written in the journal of this house, and the bill is again taken up. This time, in order to pass, it must receive the vote of two-thirds of the members elected. If it receives this vote in the house to which it is returned, it is sent, together with the objections of the Governor, to the other house. A vote of two-thirds of the members elected to this house makes it a law without the signature of the Governor. In all such cases the vote of each house must be by yeas and nays, and be entered upon the journal. If the Governor does not return a bill within ten days (Sundays not counted) after it is sent to him, it becomes a law just as if he had signed it, unless the legislature adjourns before the ten days are up, and so prevents its return. In this case, if the Governor does not want the bill to become a law, he can prevent it by sending his objections to the office of the Secretary of State within ten days after the legislature adjourns. When the Governor neither signs a bill nor returns it with his objections within ten days, it is called a "pocket veto." Try to give a reason for each provision regarding the Governor's veto. This will help you to understand the matter. STATE GOVERNMENT 27 In the case of the veto power, the Governor, who is an executive officer, has something to do with the law- making power. His veto power is intended to act as a check upon the legislature. The word veto means "I forbid." The message con- taining the Governor's objections to a bill is called a "veto message." Special Laws Prohibited. The General Assembly can- not pass a special law, or a law relating to some particu- lar case when a general law will apply. Under the first two Constitutions of Illinois, special laws were allowed except in two or three cases, and at some sessions they formed the bulk of the laws enacted. The session laws of 1857 contain 302 pages of public laws, and 1,450 pages of private laws. It must be kept in mind that laws upon these subjects are not prohibited, but that the laws must be general. Why should special legislation be prohibited in each of the following cases? Changing County Seats. The General Assembly can- not locate or change county seats by special laws. Since the county seat is the place where the business of the county is transacted, the people of the respective counties locate and change their county seats. The ques- tion is voted upon after due notice has been given. A special election is held when the question of a change of county seat is voted upon. Why hold an election for this purpose only? Special Charters Prohibited. The legislature cannot now give special charters to cities and villages ; neither can it amend nor change any charter already given. Since 1870 all cities and villages have been incorpo- rated under a general law, but before that time most cities were incorporated by special laws known as the 28 ILLINOIS AND THE NATION "charters" of the respective cities. If the people of a city are dissatisfied with their charter they cannot have it amended, but may vote to give it up and then organize under the general law. Rate of Interest. No special law can be passed regu- lating the rate of interest on money. No person or cor- poration can charge a higher rate of interest than that authorized by the general law. What is now the highest authorized rate? Fees of Officers. The General Assembly cannot create or change the fees of any public officer during the term for which he is elected. Special Privileges and Immunities. No special or exclusive privilege or immunity can be granted to any person or corporation. A privilege implies the liberty to do something; an immunity implies exemption from some duty, tax, or obligation. Release of Indebtedness. The General Assembly has no power to release any person or corporation from indebtedness to the state or to any municipal corpora- tion within the state. Special laws are prohibited in several other cases, as may be found by referring to the Constitution. The above cases have been chosen because they relate more especially to the other subjects of our study. Public Moneys and Appropriations. The General Assembly can make no appropriation of money out of the treasury in a private law. Bills making appropriations for the pay of members and officers of the General Assembly, and for the salaries of the officers of the state government, must not contain provisions on any. other subject. Were it not for this provision, members, in order to vote for the pay of STATE GOVERNMEN I !>}) themselves and others, might be obliged to vote for some objectionable provision. Such a provision in an appro- priation bill is called a "rider." No money can be drawn from the treasury unless it has been appropriated for the purpose for which it is drawn. The Treasurer is forbidden to pay out any money except on an order issued by the State Auditor. This order is called the "auditor's warrant." When money has been appropriated for any given purpose, or belongs to any particular fund, it cannot be drawn or used for any other purpose. Within sixty days after the adjournment of each ses- sion of the General Assembly, the Auditor must publish an itemized statement of all money expended at that session. Each General Assembly provides for the appropria- tion necessary for all the expenses of state government for the next two years, or until the end of the first fiscal quarter after the adjournment of the next regular session. The aggregate amount appropriated cannot be increased except by a vote of two-thirds of the members elected to each house, and in no case can it exceed the amount of revenue authorized by law to be raised within the two years. All appropriations, general or special, end with the first fiscal quarter after the adjournment of the next regular session. The fiscal year ends September 30. State Indebtedness Limited. The state, in order to meet accidental deficits or failures in revenue, may con- tract debts which can never exceed in the aggregate $250,000. All moneys thus borrowed must be applied to the purpose for which they were obtained, and to no other purpose. 30 ILLINOIS AND THE NATION No other debts, except for the purpose of repelling invasion, suppressing insurrection, or defending the state in war, can be contracted unless by a vote of the people. Illinois is now virtually out of debt. Extra Pay Prohibited. The General Assembly can- not grant extra pay or allowance to any officer, agent, servant or contractor, after service has been rendered, or contract made. However, appropriations may be made for expenses incurred in repelling invasion, or suppressing insurrection. Loan of Credit Prohibited. The state can never pay or become responsible for the debts of any person or corporation, nor can it in any manner give or loan its credit to any such person or corporation. Officers Liable to Impeachment. The Governor and all civil officers of the state are liable to impeachment for any misdemeanor in office. It is easy to see that an officer may commit an offense for which he is responsible to the state as its servant, and to the civil authorities as a citizen. Thus, habitual drunkenness on the part of an officer would unfit him for the duties of his office, and make him subject to impeachment and removal from office. He might also be fined for drunkenness. Power of Impeachment. The House has the sole power of impeachment. Its action in such cases is sim- ilar to that of a grand jury in a criminal case, and the charges which it prefers are similar to an indictment. The House hears the evidence against an officer, and, if a majority of all its members so vote, the officer is impeached. Trial of Impeachment. All cases of impeachment are tried by the Senate. When an officer has been impeached by the House, STATE GOVERNMENT 31 the Senate hears the evidence for and against him, and if two-thirds of the Senators elected so vote, he is con- vie ted of the charge or charges against him. When trying cases of impeachment, the Senators are under oath, or affirmation, to do justice according to law and evidence. The Senate in this case acts as a jury. Punishment. The punishment in cases of impeach- ment can only extend as far as removal from office and disqualification to hold any office of trust or profit in the state. After impeachment and conviction as an officer, a man is still liable to trial and conviction in the courts as a citizen. Trial of Governor. When the Governor is tried, the Chief Justice of the state presides instead of the Lieuten- ant-Governor. This is the case because, if the Governor should be convicted and removed from office, the Lieuten- ant-Governor would become Governor; he thus might be interested in the result of the trial. State Contracts. All fuel, stationery, and printing paper, furnished for the use of the state, and all printing and binding ordered by the General Assembly must be let by contract to the lowest responsible bidder. No member of the General Assembly, or other state officer, can be interested directly or indirectly in any contract. All contracts must be approved by the Governor. The contracts are large, and there is a popular notion that men make a great deal of money out of them. State Cannot Be Sued. The State of Illinois can never be made defendant in any court of law or equity. This provision of our Constitution has a history. When the United States Constitution was submitted for the ratification of the thirteen states, it contained a detailed statement of the power of the national courts. Among other things this power was to extend to con- 32 ILLINOIS AND THE NATION troversies between a state and citizens of another state. During Washington's first term as President, a citizen of South Carolina sued the State of Georgia, and the supreme court of the United States decided that the case was within its jurisdiction by the terms of the Consti- tution. The several states, seeing that they were liable to numberless suits, caused, through their representatives, the proposal of an amendment to the Constitution declar- ing that "the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against any one of the United States by citizens of another state, or by citizens or sub- jects of any foreign state." This amendment was ratified by the states, and is known as the eleventh amendment. Lotteries Prohibited. The General Assembly has no power to authorize lotteries or gift enterprises for any purpose, and must pass laws prohibiting the sale of lot- tery or gift enterprise tickets in the state. Some states have not only allowed lotteries, but have conducted them as a means of paying off their indebtedness. Term of Office. No law can be passed which shall in any way extend the term of any public officer after his election or appointment. A few years ago a change in the time of electing county superintendents was made which brought the regular elections at one time five years apart. The super- intendents who were elected for four years did not hold over the fifth year, but superintendents were appointed by the county boards for that year. Protection of Miners. The General Assembly must pass laws for the protection of miners by requiring the construction of escapement shafts, appliances for ventila- tion, and other means of safety. STATE GOVERNMENT 33 Drainage. The General Assembly may pass, and has passed, laws permitting the owners or occupants of land to construct drains across the lands of others, provided the drains are for agricultural or sanitary purposes. In 1878, an amendment to the state constitution was adopted, authorizing the General Assembly to pass laws providing for the organization of drainage districts. Such laws have been passed. The corporate authorities of drainage districts have power to construct and maintain levees, drains, and ditches by special assessments upon the property bene- fited. What is a levee? Homestead and Exemption Laws. Liberal home- stead and exemption laws must be passed. A certain amount of real estate and personal property is exempt from seizure for the payment of ordinary debts. The word "homestead" relates to real estate. The New State House. The Constitution of 1870 provided that not more than $3,500,000 could be ex- pended upon the new State House, unless a majority ot the votes cast at a general election, at which the ques- tion was submitted, should be in favor of the additional expenditure. The additional expenditure asked for by the General Assembly was voted upon three times. It was carried in 1884. Executive Department Officers. The executive department of the state con- Bists of a Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, Superintendent of Public In- struction, and Attorney-General. Term of Office. These officers, with the exception of the Treasurer, hold their offices four years. The Treas- 34 ILLINOIS AND THE NATION urer's term is two years, and he cannot hold the office two terms in succession. Can you give a reason for this? Residence. All of the executive officers, excepting the Lieutenant-Governor, must reside at the state capitol during their term of office. Why is the Lieutenant-Governor excepted? Election. An election is held for Governor, Lieuten- ant-Governor, Secretary of State, Auditor, Treasurer, and Attorney-General on the Tuesday next after the first Monday in November of every year in which there is an election for President of the United States. There is an election for Treasurer and Superintendent of Public Instruction on the Tuesday next after the first Monday in November in the "off years in politics" — that is, half way between the Presidential elections. This arrange- ment takes the election of Superintendent of Public Instruction out of politics as much as possible without having a general election for him alone. A general elec- tion is one at which any state officer is elected. Returns of Election. The election returns for state officers are sealed and sent by the several county clerks to the Secretary of State, directed to "The Speaker of the House of Representatives." Immediately after the organization of the House, and before any other business is transacted, the speaker opens the returns and announces the result to the two houses who meet together in the hall of the House of Repre- sentatives for that purpose. The person having the highest number of votes for any office is declared elected. If two or more persons have an equal and the highest number of votes for any office, the General Assembly, by joint ballot, chooses one of them for the office. STATE GOVERNMENT 35 Eligibility. No person is eligible to the office of Governor or Lieutenant-Governor who is not thirty years of age, and who has not been for five years next preceding his election a citizen of the United States and 0l Illinois. AH the state executive officers, except the Treasurer, are declared by the Constitution to be ineligible to any other office during the time for which they are elected. Vacancies. In case of vacancy by death, resignation or otherwise, of any executive officer, except Governor or Lieutenant-Governor, the Governor fills the vacancy by appointment, and the person appointed holds the office during the remainder of the term. Accounts. All officers of the executive department and of all public institutions of the state must keep accounts of all moneys received and paid out by them, and under oath must make a semi-annual report of these accounts to the Governor. Reports. At least ten days before each regular ses- sion of the General Assembly, the officers of the execu- tive department and of all state institutions must report to the Governor. The Governor transmits these reports, and those of the judges of the supreme court concerning defects in the Constitution or the laws, to the General The Governor may require written information, under oath, from any of these officers concerning the affairs of his office. Oath. The executive, and all other civil officers swear (or affirm) that they will support the Constitution of the United States and of Illinois, and that they will faithfully discharge the duties of their respective offices to the best of their ability. No other oath can be required of any civil officer. 36 ILLINOIS AND THE NATION GOVERNOR Executive Power. The Governor has supreme exec- utive power, and must see that the laws are executed. Message. At the beginning of each session of the General Assembly, the Governor sends it a message giv- ing the condition of the state, recommending such meas- ures as he deems best, containing a statement of the money received and paid out by him according to law, and presenting estimates of the amount of money that should be raised by taxation for all state purposes. His message is accompanied by the reports of the other executive officers. General Assembly. Whenever the public good may require it, the Governor may call the General Assembly together in an extra session. The proclamation calling the extra session must state the purpose for which it is called, and no business can be transacted except that given in the proclamation. If the two houses fail to agree upon the time for adjournment, and the house which first moves the ad- journment certifies such failure to the Governor, he may adjourn them to such time as he may think proper, but not beyond the first day of the next regular session. Appointment of Officers. The Governor, by and with the advice and consent of the Senate, appoints certain state officers. In case of a vacancy in any state office that is not elective, the Governor makes a temporary appointment until the next meeting of the Senate. A person who has been rejected by the Senate cannot be renominated by the Governor for the same office at the same session, unless at the request of the Senate ; nor can he be appointed to the same office during a recess STATE GOVERNMENT 37 of the Senate. Were it not for these restrictions, the Governor might keep on nominating the same man for the same office till the adjournment of the Senate and then appoint him to fill the office temporarily until the next meeting of the Senate. Removal of Officers. Any officer appointed by the Governor may be removed by him for incompetency, neglect of duty, or illegal conduct. He may then appoint some one else to fill the vacancy. Reprieves, Commutations, and Pardons. The Gov- ernor has power to grant reprieves, commutations, and pardons to persons convicted of crimes. A reprieve is a temporary suspension of the execution of a penalty. A commutation is a change from one punishment to another less severe, as from death to imprisonment for life. A pardon is a complete removal of penalty and res- toration to citizenship. Commander in Chief of the Militia. The Governor is commander in chief of the militia of the state when they are not in the service of the United States. The Governor has at all times the appointment of certain officers of the militia. Veto. The Governor's veto has been discussed fully on page 26. Salary. The Governor receives a salary of $12,000 a year and has the use of the executive mansion. LIEUTENANT-GOVERNOR Successor to Governor. In case of the death, resigna- t i. .ii. or disability of the Governor, the Lieutenant-Gov- ernor becomes Governor. In case of his disability also 38 ILLINOIS AND THE NATION the powers and duties of Governor devolve upon the president pro tempore of the Senate, and in case of the disability of that officer they devolve upon the speaker of the House for the remainder of the term. President of the Senate. The Lieutenant-Governor is president of the Senate, but has no vote except in case of a tie. Salary. The Lieutenant-Governor's salary is $2,500 a year. SECRETARY OF STATE Keeper of Public Acts. The Secretary of State must keep in his office, properly filed and indexed, all public acts, laws, and resolutions of the General Assembly. When the legislature is not in session, he keeps all books and papers belonging to each house. Calls House to Order. The Secretary of State calls the House of Representatives to order, and presides until a temporary speaker is elected. Register. He must keep a register of all the official acts of the Governor, and of all commissions issued by him. What is a commission? Every justice of the peace or notary public has a commission from the Governor. Seal of State. The Secretary of State is the keeper of the "Great Seal of the State of Illinois," and must affix this seal to all commissions and documents counter- signed by himself. What is a seal? Every notary public in Illinois has one, and a little effort will enable you to see one of these. Custodian of Property. He is custodian of all public buildings and grounds in the City of Springfield. Laws and Journals. He must supervise the distri- bution of the laws and journals of the General Assembly. STATE GOVERNMENT 39 Report. He must report the affairs of his office biennially to the Governor. Certificate. He must certify to the correctness of the law and journals when they are published. Charters. The Secretary of State issues charters to corporations. There are corporations for the purpose of govern- ment, as cities and villages; for business purposes, as railroad, insurance, and manufacturing companies; for improvement of members, but not for money-making, as in case of societies and associations; for religious purposes, as church organizations of various kinds. Weights and Measures. The Secretary of State is the keeper of the public standards of weights and measures. Registry Blanks. He must furnish registration blanks to judges of election prior to every general election. He has other duties of minor importance. Bond. The Secretary of State must give a bond for $100,000. Salary. His salary is $7,500 a year. AUDITOR Accounts. The Auditor is the book-keeper of the state. He keeps accounts with all public officers, cor- porations, and individuals doing business with the -tate. Whenever a claim or bill is presented for payment of money out of the state treasury, he examines, or audits, it to see if it is legal. Warrants. If the Auditor finds a claim to be legal and just, he signs an order on the Treasurer for the 40 ILLINOIS AND THE NATION proper amount. Such orders are called "auditor's war- rants." He keeps a record of all warrants signed by him. The Auditor is the "watch-dog of the treasury." Rate of Taxation. The Auditor assists the Governor in computing the rate of taxation necessary to raise sufficient revenue for state purposes. The legislature fixes the amount to be raised by taxation. Report. The Auditor reports biennially to the Governor. Bond. He gives a bond for $50,000. Salary. His salary is $7,500 a year. TREASURER Public Funds. The Treasurer must receive and safely keep all moneys which are authorized by law to be paid to him. The Treasurer is not allowed to receive and receipt any money whatever unless he has an order from the Auditor directing him to receive it. Neither can he pay out money except upon the Auditor's warrant. When he pays an order, he must cancel it with some instrument that will cut or perforate the paper. Give a good reason for each of these provisions. Monthly Settlements. The Treasurer must settle with the Auditor at the close of each month, stating the amounts received and paid out, and on what accounts. He must also return all warrants canceled by him, and obtain the Auditor's receipt for them. Report. The Treasurer makes a biennial report to the Governor. Bond. The Treasurer's bond is for $500,000. Salary. His salary is $10,000 a year. STATE GOVERNMENT 41 SUPERINTENDENT OF PUBLIC INSTRUCTION The duties of this officer are given in CHAPTER VIII on the public school system. ATTORNEY-GENERAL State and State Officers. The Attorney-General rep- resents the people of the state in all suits in which they are interested before the supreme court. He also acts as attorney for state officers, when suits are brought against them as officers. Advisory Duties. The Attorney-General consults with and advises state's attorneys concerning their duties. He advises the Governor and other state officers, and, when requested, gives written opinions upon all legal and constitutional questions relating to the duties of these officers. He also gives such written opinions at the request of either house of the General Assembly or of any legislative committee. Funds. The Attorney-General sees that the funds appropriated to the several state institutions are properly used. Records. He keeps a records of his official acts, and of the opinions given by him while in office, and gives these records to his successor in office. Bond. A bond for $10,000 must be given by the Attorney-General. Salary. His salary is $10,000 a year. Name the executive officers of the state. When was each elected? 42 ILLINOIS AND THE NATION Judicial Department supreme court Grand Division. Prior to 1897 the state was divided into three grand divisions and one term of court was held each year in each division. The entire state now constitutes one grand division. Terms. There are now five terms of court each year. These are all held at Springfield, the sessions at Ottawa and Mount Vernon having been discontinued. Judges. There are seven judges of the supreme court ; they choose one of their number for chief-justice. Four judges must agree to every decision. Term. The judges of the supreme court are elected for nine years. Election Districts. The state is divided into seven districts for the purpose of electing the judges of the supreme court. Each district elects one judge. Clerk. A clerk of the supreme court is elected for the entire state for six years. His salary is $7,500 a year. Original Jurisdiction. The supreme court has orig- inal jurisdiction in cases relating to the revenues of the state, and in mandamus and habeas corpus cases. By this is meant that suits relating to these matters may be begun in the supreme court. A case of mandamus is brought for the purpose of compelling a public officer or corporation to perform certain duties. A ease of habeas corpus has for its object the pre- vention of false or unjust imprisonment. By it the prisoner is brought into court, and the cause of his imprisonment is investigated. STATE GOVERNMENT 43 Appellate Jurisdiction. The supreme court has appellate jurisdiction in all criminal cases, and in all civil cases in which the amount in dispute is one thousand dollars or more. By appellate jurisdiction is meant that appeals may be taken to the supreme court in such cases after they have been tried in a lower court. A criminal case is a suit brought for the purpose of punishing some person for violating a public law. A civil case is a suit brought by a person, company, or corporation, called the plaintiff, against another per- son, company, or corporation, called the defendant, for the purpose of compelling the defendant to pay the plaintiff a sum of money or to give up to him certain property. Suits for money may be for debts due the plaintiff, or for damages on account of injury done him by the defendant. Decisions Final. The decisions of the supreme court are final except in cases involving a state law which con- flicts with a United States law. Such cases may be carried to the United States Supreme Court. Salaries of Supreme Judges. The judges of the supreme court elected after 1905 receive $10,000 a year. The clerks receive fees which are prescribed by law. APPELLATE COURTS Districts. The state is divided into four appellate court districts. Judges. The appellate judges are elected circuit judges, and are appointed appellate judges by the supreme court. Clerk. Each district elects a clerk for a term of six years. 44 ILLINOIS AND THE NATION Sheriff. The sheriff of the county in which the appellate court is held attends the sessions of the court or appoints a deputy to do so. Jurisdiction. The appellate courts have appellate jurisdiction only. Their jurisdiction extends to all cases of appeal from circuit courts, city courts, or the superior court of Cook County, except in criminal cases and those involving a franchise, a freehold, or the validity of a law. These cases must be appealed directly to the supreme court. A franchise is a special privilege given by the state to an individual or corporation. The term freehold applies to real estate titles. Decision. The decision of the appellate court is final in all cases in which the amount in dispute is less than one thousand dollars. When the amount is one thou- sand dollars or more, the case may be taken to the supreme court. Salaries. Appellate judges receive the same salaries as circuit judges — $10,000 a year in Cook County, and $5,000 elsewhere. The clerks receive fees. COURT OF CLAIMS Judges. The Governor, with the consent of the Senate, appoints three persons to serve four years as a court of claims to adjust claims of various kinds against the state. Each member of the court receives a salary of $1,500 a year. CIRCUIT COURTS Circuits. With the exception of Cook County, all of the counties of the state are arranged by the legislature STATE GOVERNMENT 45 into seventeen divisions called circuits. Cook County alone constitutes a circuit. Judges. Three judges are elected in each circuit every six years. Usually two of these hold circuit courts, and the third acts as one of the judges of the appellate courts. Cook County now elects fourteen circuit judges. The circuit court is so called because its judges go from county to county for the purpose of holding court. Circuit Clerk. Each county elects a circuit clerk for a term of four years. He attends the sessions of the circuit court in his county, and keeps a record of the proceedings of the court. He keeps account of the costs of all suits in the circuit court in his county. These costs are made up of the fees of the sheriff, clerk, witnesses, jury, and others, and are usually paid by the person against whom the suit is decided. The circuit clerk also issues the summonses, subpoe- nas, executions, and other processes of the court. In counties of less than 60.000 inhabitants, he also acts as recorder of deeds for his county. Master in Chancery. In each county there is a master in chancery who is appointed by the judges of the circuit for two years. To him are referred many matters for investigation. He reports the results of his investigation to the court. Chief among his other duties is the sale of real estate in cases of foreclosure of mortgages. Jurisdiction. The circuit courts have original juris- diction in all criminal cases and in civil cases between citizens of the state. They have appellate jurisdiction in all cases tried before the county and probate courts and justices of the peace. 46 ILLINOIS AND THE NATION Courts of Cook County. Besides the circuit court, there are in Cook County two courts not held in other counties. The Superior Court of Cook County was for- merly known as the Superior Court of Chicago; the Criminal Court of Cook County was formerly known as the Recorder's Court of the City of Chicago. Salary. The circuit judges receive $5,000 a year, except those in Cook County ; they receive $10,000 a year. Grand Jury. The grand jury of every county assists the circuit court in bringing offenders to trial. A grand jury consists of twenty-three men who are selected by the county board. This jury meets at the place of holding the circuit court, and investigates all criminal charges brought to its notice against persons for crimes committed within the county. It hears evi- dence against accused persons, but nothing in their defense. If it has just cause to believe a person guilty of a crime, it furnishes the court with a paper in which the person is named, and his crime described, and advises that he be brought to trial. ' Such a paper is called an "indictment," and the person is said to be "indicted" by the grand jury. In every case of indictment, sixteen grand jurors must be present, and twelve must agree to the indictment. An indictment is often called "a true bill." This comes from the fact that the paper is prepared by the State's Attorney and is indorsed by the jury "A true bill," if the accused is found guilty. A copy of the indictment giving a list of witnesses against him is furnished the accused. The meetings of the grand jury are not open to the public. Petit Jury. Almost all cases in the circuit court are tried by a petit jury consisting of twelve men. This jury sits in open court and hears the evidence against and in STA1 1- GOVERNMENT 47 behalf of the defendant, together with the arguments of the lawyers on both sides. The judge then instructs the jury as to the law concerning the case, and the manner in which it should weigh the evidence for and ■gainst the defendant. The jury then retires to the jury room, being all the while in charge of an officer, and agrees upon a verdict, if possible. A verdict cannot be rendered unless all the jurors agree to it. This applies as well to civil as to criminal cases. In trials before justices of the peace, juries are not instructed by the court. When a case is appealed to a higher court, a complete transcript in writing of the record of the pro- ceedings of the court below is filed by the party who appeals. This record is examined and reviewed by the upper court, and, if no errors appear, the judgment or decree of the court below is affirmed. If any substantial error appears, the judgment or decree is reversed and, usually, the case is remanded to the lower court for a new trial. Jurors are drawn by lot from a list of legal voters prepared by jury commissioners in Cook County, and by the county board in all other counties. Jurors serve two weeks, and receive $3 a day and 5 cents mileage each way for one round trip. Questions and Topics for Study i. Who is the chief executive officer of the state? 2. What is the highest judicial office in the state? 3. Classify each of the following acts as legislative, executive, or judicial: (a) The Governor signs a bill; (b) he signs a commission in the militia; (c) he signs a pardon for a criminal; (d) he sends a message to the legislature recommending the passage of a law; (e) he vetoes a bill; (f) the Lieutenant-Governor pre- 48 ILLINOIS AND THE NATTON sides over the Senate during legislation ; (g) he presides during an impeachment trial; (h) he acts as Governor during that official's absence from the state; (i) the Senate passes a resolu- tion; (j) it refuses to pass a bill; (k) it confirms an officer appointed by the Governor; (1) it sits in impeachment trial; (m) the supreme court upholds a law; (n) it declares uncon- stitutional an amendatory act; it issues a writ of man- damus; (o) the Attorney-General advises the State Superin- tendent of Schools upon points in the school law; (p) he prosecutes for the violation of a law. 4. Explain: (a) Committee of the whole; (b) yeas and nays; (c) enacting clause; (d) veto; (e) pocket veto; (f) re- prieve; (g) commutation; (h) pardon; (i) seal of state; (j) original jurisdiction; (k) appellate jurisdiction; (1) indict- ment; (m) true bill; (n) petit jury; (o) grand jury. 5. Make a table similar to this and complete by supplying the needed information. Preserve for future reference. OFFICE LENGTH OF TEEM SALARY DUTIES PRESENT INCUMBENT Governor Lieut. -Governor Secretary of State Auditor Treasurer Superintendent of Public Instruct'n Attorney-General Representative from your dist. Senator from your district Circuit judges from your dist. CHAPTER III THE DIVISIONS OF THE STATE Description of the Divisions Counties. Counties are divisions of the state made in order to bring matters of government nearer to the people. They are formed by the legislature of the state, usually upon petition of the people directly concerned. They are named in the acts which create them. The county does not bear exactly the same relation to the state that the latter does to the nation. The state is sovereign in many particulars, while the county has no sovereign power whatever. It has no constitution, and all its powers are given to it by the state legislature. There are one hundred and two counties in Illinois. Townships. In this state we have tzvo correct uses of the word toumship. These uses should be carefully learned, so as to distinguish clearly from each other and from the uses of the word town. Congressional Township. The congressional toivn- ship is the unit of the United States survey system and is simply a tract of land six miles square. It is a division rather of the United States than of the state, and is common to all states and territories surveyed by this Astern. It is not a political, division of the county, state, or United States, and consequently has no officers. It has a single purpose— to assist in the description of real estate. It is always designated by number. 49 f)0 ILLINOIS AND THE NATION School Township. The school township is a political division of the county with reference to school affairs only, and in boundary is coincident with the congres- sional township of like number and description. Section twenty-three of the school law provides that every con- gressional township shall be considered a township for school purposes. The school township officers are three trustees of schools and a township treasurer. The latter is often called the school treasurer. The school township has the single purpose of assist- ing in certain school affairs. It is always designated by number — never by name, being numbered exactly like the congressional township with which it coincides. There need be no confusion on this account, as the two townships are never spoken of in the same connection. Towns. The word town has so many different meanings that it is somewhat difficult to apply it cor- rectly at all times. Its use as a general term for villages and cities is correct in ordinary conversation, as where we speak of "going to town," or "going out of town." But in the study of civil government we must discard this use of the word, and speak only of its two uses in connection with civil affairs. Organized Towns. The organized town is a political division of the county with reference to civil affairs only. It has no connection whatever with the description of real estate, with the school system, or with incorporated government like that of a city or village. It has a single purpose — to assist in local government in civil affairs. In almost all counties in the state, especially those in the central and northern part, every one lives in some town in this sense of the word. If all organized towns had been formed as was in- THE DIVISIONS OF THE STATE 51 tended by the law, they would each be six miles square, except where there are fractional congressional townships. The organized town is always designated by name — never by number. Whenever the word town is used in this book, the organized town is meant, except when the expression incorporated town is used. Township Organization. The Constitution of 1848 provided that "the General Assembly shall provide, by a general law, for a township organization." Accordingly a law was enacted that all counties which should elect to do so in a prescribed manner might adopt what is known as "township organization." Counties so electing are divided by three commis- sioners, appointed by the county board, into towns which shall coincide with the townships of the county. When a township has too few inhabitants for a separate organization it may be added to some adjoining town or divided between two or more towns for the time being. Fractional townships may be added to some adjoining town. A glance at a complete map of the state will show that few counties, if any, have all of their towns coincident with the township. Has your county? A majority of the towns, however, coincide with the townships. In such cases, the township election (for school trustees) and the town election (annual town meeting) are held on the same day. This fact gives rise to the common error of calling the officers of the town "township officers." Counties are divided into towns in order to bring matters of local government still nearer the people. This and the government of counties not under township organization will be fully explained later. 52 ILLINOIS AND THE NATION The term "township organization" used in the law is evidently a misnomer ; it should be "town organization," since so many towns are not organized townships, not being coincident with the latter. Incorporated Towns. It is to be regretted that prior to the enactment of the law authorizing the organization of towns for local government, a law was enacted which provides for the incorporation of towns, divided into blocks and lots, having streets and alleys, and govern- ments similar to that of villages. In fact, the word town is used in the same sense as the word village. A few such towns have been incorporated, but almost all such incorporations are termed villages. Unless there is such a town near you, it will be better for you to dismiss this use of the word from your mind, and to think only of the organized town. School Districts. School districts are divisions of the school township, and have reference to school affairs only. County Organization. Counties not under township organization are said to be under county organization. There are nineteen such counties in Illinois. In some of these the proposition to organize has been voted on and defeated several times. The chief argument in favor of township organization is that it brings the government nearer the people. One feature of this is that it makes several town offices to be filled by residents of the town. Many men, doubtless, work and vote for township organization hoping to obtain an office. The leading argument against township organization is that it increases the cost of government very mate- rially. Taxes are necessarily higher in counties under township organization. Of course it may be claimed that THE DIVISIONS OF THE STATE 53 the government is enough better to overcome the disadvantage of increase in cost. Cities and Villages. The government of cities and villages is described in another chapter. They are com- monly spoken of as towns but in the study of the civil government of Illinois you must discriminate sharply between cities and villages and towns, except in the few cases where there are incorporated towns. Cities and villages have certain corporate privileges which towns have not. They are organized in a wholly different manner, and for a different purpose. In many cases the name of a town is the same as that of a city or village within its limits. This fact often gives rise to confusion in common speech. Questions and Topics for Study i. Why do we have counties? 2. How many are there in Illinois? 3. Distinguish between an organized town and an incorporated town. 4. (a) In what congressional township do you live? (b) In what school township? (c) town? (d) city or village? 5. (a) Bound the county, (b) The congressional township? 6. Consult the complete table of congressional, sen- atorial, and judicial districts and the judicial circuits on Page 208. CHAPTER IV COUNTY GOVERNMENT Legislative Department Board of Supervisors. The laws made by the Gen- eral Assembly apply to all counties alike, and only such laws are made by it as are general in their nature. Every county has measures for its own government which apply only to itself. These measures must not conflict with any general law of the state. In counties under township organization, the legisla- tive acts are performed by the board of supervisors. The members of this board are elected by the several towns in the county, and perform duties as town officers aside from their duties as members of the "county board," as the board of supervisors is called. In counties not under township organization the board of county commission- ers is also called the county board. Meetings. The board of supervisors holds its annual meeting on the second Tuesday of September. It also holds a regular meeting on the second Monday in June in each year. Special meetings may be held at the request of at least one-third of the members of the board. County Seat. The county board meets at the county seat, and, if possible, in the court house. The county seat is the city or village in which the business of the county is transacted. Organization. The county board organizes at the first meeting of the year by choosing one of its number 54 COUNTY GOVERNMENT 55 chairman. The chairman presides over all the meetings, and appoints the various committees through which the business of the board is largely done. The county clerk is clerk of the board of supervisors. Open Doors. The board must hold its meetings with open doors. Why? Proceedings Published. A brief account of the proceedings of every meeting must be published in a county paper if it can be done without unreasonable expense. New Towns. The board may change the boundaries of towns, create new towns, and give names to them. No two towns in the state shall have the same name. The State Auditor keeps an alphabetical list of all the towns, and must be consulted in case a new name is to be given. Have you a clear notion of what is meant by the word town, as here used? Care of Property. The county board has the care of all property belonging to the county. The board also has the management of nearly all the funds belonging to the county. Auditing Bills. The county board must settle all just claims against the county, and audit all accounts concerning the receipts and expenditures of the county. Levy of County Tax. The county board may levy a tax not to exceed seventy-five cents on one hundred dollars' valuation for county purposes. If the county was in debt at the time of the adoption of the present Constitution, a tax not to exceed one dollar on one hundred dollars' valuation may be levied to pay the principal and interest for such indebtedness. Any additional levy must be submitted to a vote of the people. 56 ILLINOIS AND THE NATION County Buildings. The county board must erect a courthouse, jail, and other necessary public buildings. Furnished offices must be provided for the county officers. Some of these offices are to be fireproof, or furnished with fireproof safes, whenever the finances of the county will permit. Books and Stationery. The board must furnish suit- able books and stationery for the use of the county board and the several county officers. Annual Financial Statement. The county board must prepare and publish an itemized statement of the receipts and expenditures of the preceding year together with the actual condition of affairs at the end of the year. Prosecute and Defend Suits. Suitable measures for the prosecution and defense of suits brought by or against the county must be taken by the county board. Pay of County Officers. The pay of the officers, except the .county superintendent of schools, is fixed by the county board, and cannot be changed during the term for which the officers are elected. Why not? Treasurer's Accounts. It is the duty of the county board to examine the books of the county treasurer, and to count the money at least as often as once every six months. Grand and Petit Jurors. Grand juries are selected by the county boards in their respective counties. As nearly as can be, a proportionate number of grand jurors are to be chosen from each town in the county. Each year the board prepares lists of not less than one-tenth of the legal voters of each town, which lists are kept in the office of the county clerk. The county clerk writes each man's name and address upon a sepa- rate ticket, and puts all the tickets in a box kept for the purpose. At least twenty days before a trial court COUNTY GOVERNMENT 57 convenes, the clerk of the court, in the presence of the county clerk, draws the names of a sufficient number of petit jurors from the box. Other Powers and Duties. The county board may also allow, regulate, and condemn toll roads and bridges ; grant liquor licenses; establish county normal schools; offer rewards for criminals ; and offer rewards for raising timber. Board of County Commissioners. In counties not under township organization, the county board consists of the three commissioners elected by the whole county for a term of three years, one commissioner being elected each year. These counties are divided by the county board into precincts for election purposes, and into districts for road purposes. The powers and duties of the board of commissioners are almost the same as those of the board of supervisors. Commissioners of Cook County. The County of Cook is governed by a board of county commissioners, fifteen in number. Ten of these commissioners are elected from Chicago and five from that part of Cook County which is outside Chicago. All the commis- sioners serve four years. Executive Department Officers. The executive department consists of the county clerk, treasurer, recorder, county surveyor, super- intendent of schools, and the committees of the county board when carrying out the instructions of the whole board. All of the officers named execute the state laws which apply to their duties, and also the measures passed by the county board. All of the executive officers of the county are elected for four years. 58 ILLINOIS AND THE NATION COUNTY CLERK Records. The county clerk has charge of certain books and papers pertaining to the business of the county. County Board. He is clerk of the county board of his county, keeps a record of its proceedings, and keeps on file all accounts passed upon by the board. Orders. He must keep a complete record of all orders drawn upon the county treasurer. Bonds. The official bonds of certain county and town officers are filed in the office of the county clerk. He must keep an alphabetical list of these bonds, giving names of sureties and other essential facts. Indexes. He must keep alphabetical indexes of all records and papers filed in his office. Copy. The county clerk must furnish to any person who will pay the proper fee, a copy of any record, paper, or account in his office. County Court. The county clerk must attend the sessions of the county court, and keep a complete record of all its proceedings. He is an officer of the judicial department of the county when thus acting as clerk of the county court. Marriage Licenses. He issues marriage licenses. Canvassing Vote. After every general election, the county clerk and two justices of the peace of his county canvass the votes of the county and make abstracts showing the number of votes received by each candidate. These abstracts are filed in the county clerk's office. Taxes. He computes the amount of tax to be paid by every person subject to taxation in the county and COUNTY GOVERNMENT 59 supplies collectors with books which show the amount each person must pay. COUNTY TREASURER Public Funds. The county treasurer must receive, safely keep, and pay out according to law all public- money that may properly come into his hands. Accounts. He must keep a complete record of the business of his office. The books containing this record are always open to the inspection of the public. Why? Supervisor of Assessments. In counties under town- ship organization of less than 125,000 inhabitants, the county treasurer is ex officio supervisor of assessments of taxes in his county. Report. The treasurer must report to the county board at each of its regular meetings all sums received and paid out by him since his last report. These reports are filed in the county clerk's office, and are subject to the inspection of the public. Settlements. Twice each year the county board must make a settlement with the treasurer and count the funds. Re-election. An amendment to the state constitution was adopted in 1880, providing that no person having once been elected to the office of sheriff or treasurer shall be eligible to the same office for four years after the expiration of the term of office for which he was elected. RECORDER Deeds. The recorder must copy into books pro- vided for the purpose all deeds, mortgages, and other papers pertaining to the titles of lands, when the papers fiO ILLINOIS AND THE NATTON are presented to him for that purpose. The person presenting such a paper must pay a prescribed fee in order to have it copied, or recorded, as it is called. In case a paper so recorded is lost, the recorder's books will show its contents. Chattel mortgages, or mortgages upon personal property, may also be recorded. Records Open to the Public. All records and in- dexes are now open to the public, and abstracts may be taken from them without charge. In counties of less than sixty thousand inhabitants the circuit clerk is ex officio (by virtue of his office) recorder of deeds. In counties of sixty thousand or more inhabitants there is a separate recorder. Thirteen counties in the state may have separate recorders under the census of 1910. COUNTY SURVEYOR Duties. The county surveyor makes surveys within his county when called upon to do so. He keeps a record of surveys thus made. The record is open to the inspection of all persons interested in the surveys. SUPERINTENDENT OF SCHOOLS The duties of county superintendents of schools are given in CHAPTER VIII on the public school system. COUNTY SUPERINTENDENT OF HIGHWAYS Appointment. The county superintendent of high- ways is not elected by the people of the county, but is appointed by the county board from among persons COUNTY GOVERNMENT fil found eligible for the position by the State Highway Commission upon competitive examination. Duties. He acts for his county in all matters relating to the supervision of the construction and maintenance of roads and bridges in which the county is financially interested, either alone or in conjunction with the state or with any town or road district of the county. This officer serves six years and receives a salary fixed by the county board. Only counties maintaining "state aid" roads have superintendents of highways. Judicial Department Officers. The officers of the judicial department of the county are county judge, probate judge, county clerk (when acting as clerk of the county court), sheriff, state's attorney, and coroner. Although elected by the county, and termed a county officer, the circuit clerk is really an officer of the circuit court, and his duties were given in that connection. Review them. Term. These officers are all elected for four years. Salaries. Their salaries are fixed by the county board. COUNTY COURT Judge. The county judge is judge of the county court. Law Jurisdiction. The county courts have exclusive jurisdiction in suits authorizing the sale of real estate for the collection of taxes. They have concurrent jurisdiction with the circuit courts in all cases like those in which justices of the peace have jurisdiction, and in which the amount in 02 ILLINOIS AND THE NATION dispute is not more than one thousand dollars. They also have concurrent jurisdiction with the circuit courts in criminal cases when the punishment is not imprison- ment in the penitentiary or death ; and in all cases of appeal from justices of the peace and police magistrates. When two or more courts have concurrent jurisdiction in any matter, suits may be brought in any one of them. In suits for two hundred dollars or less, justices of the peace, county and circuit courts have concurrent jurisdiction. Probate Jurisdiction. In counties of less than seventy thousand inhabitants, the county court has original jurisdiction in all matters relating to the settle- ment of the estates of deceased persons ; the appointment of guardians of minors, and conservators of the insane and feeble-minded, and the settlement of their accounts; and in all matters relating to apprentices. PROBATE COURT Judge. In counties having more than seventy thou- sand inhabitants a probate judge must be elected to attend to the probate business of the county. In this case the county court has only law jurisdiction, and a separate probate court is established. Clerk. A probate clerk is also elected in such cases. Under the census of 1910 only ten counties have separate probate judges. They are Cook, Kane, La Salle, Madison, Peoria, Rock Island, Sangamon, St. Clair, Ver- milion, and Will. SHERIFF Attendance at Courts. The sheriff must attend all the sessions of circuit and county courts and obey their COUNTY GOVKRNMENT 68 lawful orders. He convenes and adjourns the court when directed to do so, and preserves order in the court. Service of Writs. The sheriff serves all warrants, Mimmonses, subpoenas, executions, and other papers that the court may issue. A warrant directs the sheriff to arrest a certain person accused of a crime. A summons directs the sheriff to summon a certain person to appear in court to answer a demand made by another person named in the summons. A subpoena commands a certain person to appear in court as a witness. An execution empowers the sheriff to carry a judg- ment into effect. A common form of execution is that which directs the sheriff to seize certain property and sell it to pay the obligations of a person against whom a suit has been decided. Conservator of the Peace. Every sheriff is conserv- ator of the peace in his county, and it is his duty to suppress riots, fighting, and all breaches of the peace, and to prevent crime. He may arrest, without a warrant, persons whom he sees breaking the law, and take them before a magistrate. Custodian of Court House. The sheriff has charge of the court house and jail in his county. Care of Prisoners. He sees that all prisoners are properly guarded and supplied with suitable food. When prisoners are sentenced to the penitentiary or reform school, the sheriff removes them thither. He also hangs criminals condemned to death. Deputies. The sheriff may appoint deputies to assist him in his work. These deputies have all the powers of the sheriff, and their official acts are considered as acts of the sheriff, he being responsible in all cases for them. 64 ILLINOIS AND THE NATION Ineligible to Re-election. A person having once been elected to the office of sheriff is not eligible to re-election for four years after the expiration of the term for which he was elected. state's attorney Prosecution of Criminals. The State's Attorney sees that offenders against the laws are indicted, arrested, and brought into court for trial. He then endeavors to prove their guilt and have them punished. He is often called the "prosecuting attorney." Civil Suits. The State's Attorney carries on, in behalf of the county, all lawsuits brought for or against it, and in cases brought against county officers as such, he defends the officers. Advisory duties. He is the legal adviser of all county officers and justices of the peace. CORONER Inquests. Whenever the coroner is informed that some person within the county has met with death from violence, accident, or any undue means, it is his duty to go to the place, and, with the aid of a jury, inquire into the cause of the death. Such an examination is called an inquest. A record of the inquest is kept in a book provided for the purpose. The coroner reports the result of the examination to the county clerk. Arrest of Slayer. If any person is found to be impli- cated in the murder of the deceased, it is the duty of the coroner to arrest him and hold him for further examina- tion and trial. COUNTY GOVERNMENT 65 Questions and Topics for Study i. Name all of the judicial officers of your county. 2. What constitutes the legislative department of your county govern- ment ? 3. Is your county under township organization or county organization? 4. If under county organization, name the county commissioners. 5. If under township organization, name the supervisor from your town. 6. Why do you want an honest and capable man in that office? 7. Make a table similar to the following, and complete it by furnishing the necessary informa- tion. Preserve for future reference. These officers are all elected by the people. OFFICE LENGTH OF TERM SAUUtY DUTIES PRESENT INCUMBENT County Clerk Treasurer Circuit Clerk State's Attorney Recorder Surveyor Supt. of Schools Sheriff County Judge Probate Judge Probate Clerk Coroner CHAPTER V TOWN GOVERNMENT Legislative Department Annual Town Meeting. On the first Tuesday of April every town in the state holds its annual town meeting for the election of officers and the transaction of the business of the town. Probably not five per cent of the voters of the state now attend these meetings. The town meeting has ceased to be an effective means of government. Moderator. At some time between the hours of eight and nine o'clock in the forenoon, the voters present are called together by the town clerk. One of their number is chosen moderator, and two judges appointed by the county board take their places as judges of the election. The moderator is a judge of the election, and also presides over the meeting during the transaction of miscellaneous business. The moderator must take an oath before entering upon the duties of his office. Clerk. The town clerk last elected is clerk of the annual town meeting, and must keep a full and faithful record of all its proceedings. Manner of Voting. The town clerk must supply a suitable ballot box. This box, made of tin or wood, is shown to be empty at the beginning of the election, and is then kept locked until the voting is done. In 1891 the legislature passed an election law mod- 66 TOWN GOVERNMENT 67 eled after what is known as the "Australian System." All ballots are printed at public expense. The names of the candidates of all parties are put upon one ballot, under proper headings. No "ticket ' peddlers" are allowed, and no "electioneering" can be done within one hundred feet of the polls. The voter enters the polling place and gives his name to one of the judges who calls it out in a loud tone of voice. If the person is found to be entitled to vote he is allowed to enter a space enclosed by a guard rail. A judge of election then gives him one ticket, and only one, which the voter takes into an enclosed place called a booth, where, all alone and out of sight of everybody, he marks the names of the candi- dates for whom he wishes to vote. If he cannot read, or is physically unable to mark his ballot, two election officers assist him, but are not allowed thereafter to tell how he voted. The voter, having marked his ballot, folds it so as to conceal the marks made by him thereon, and, leaving the booth, hands it to an election judge, who places it in the ballot box without numbering it, as was formerly done. The voter then passes out and is not again allowed to enter the space enclosed by the guard rail during that election, nor can he by any means carry a ballot away with him. When the polls are closed, the ballot box is opened by the judges and the votes are canvassed — that is, the names of the persons voted for each office are ascer- tained, and a record made of the number of votes each person receives. The result of the election is then publically announced. All Illinois elections, except for school officers, are conducted in this way. And in school districts of more than 1,000 inhabitants operating under the general school law the principal features of this S) ^tcm apply to the election of the board of education. 68 ILLINOIS AND THE NATION Miscellaneous Business. At two o'clock in the after- noon the polls are closed temporarily and the moderator calls the meeting to order for the transaction of mis- cellaneous business. All questions are decided by a majority of the legal voters present. The following are the most important matters that may be acted upon : Taxes. Money may be directed to be raised by tax- ation for constructing or repairing roads and bridges, for the prosecution or defense of lawsuits for or against the town, and for a few other purposes. Lawsuits. The meeting may instruct the proper officers concerning the lawsuits of the town. Canada Thistles. Rewards may be offered for the destruction of Canada thistles and other noxious weeds. Fences. The meeting may determine what shall be a lawful fence in the town. Trees. Action may be taken to induce the planting of trees along the highways. Premiums may be given for this purpose. Stock. The meeting may restrain and regulate the running at large of stock, establish and maintain a pound, appoint a poundmaster and prescribe his duties. Public Wells. Public wells and water places may be provided for, and their use regulated. Public Health. Measures may be taken to prevent unhealthfulness in the town. Road Tax. The voters may determine whether the road tax of the town shall be paid in money or in labor. Reports of Officers. The voters receive and act upon the reports of officers for the past year. When the miscellaneous business is concluded, the moderator so announces, the polls are reopened, and the voting continues till time for closing the polls. TOWN GOVERNMENT 69 Voters. All men twenty-one or more years of age who are citizens of the United States and who have resided in the state one year, in the county ninety days, and in the election district thirty days, are entitled to vote at the annual town meeting, and at all other elections in this state. Woman Suffrage. By an act of the legislature passed in 1913, all women, citizens of the United States, above the age of twenty-one years, having resided in the state one year, in the county ninety days and in the election district thirty days next preceding any election therein, shall be allowed to vote at such election for presidential electors, members of the state board of equalization, clerk of the appellate court, county surveyor, supervisor, town clerk, assessor, collector, highway commissioner, and for all officers of cities, villages, and towns, except police magistrates. Where such officers are elective, such women may vote for members of the board of assessors, members of the board of review, and for sani- tary district trustees. They may also vote upon all questions or propositions submitted to a vote of the electors of municipalities or other political divisions of the state, and at all town meetings. Separate ballot boxes and ballots must be provided for women. Where registration is required, women must register in the same manner as men. Primary Elections. The primary election laws of 1910 provide that the primaries of all political parties shall be held at the same time and place and that the expenses thereof shall be paid out of public funds in the same manner as in case of regular elections. At primary elections each party is provided at public expense with separate ballots bearing a distinctive color and containing the names of none but candidates of that 70 ILLINOIS AND THE NATION party. The names of candidates are put upon their party ballots by petition and in the order in which the petitions are filed as required by law. The primary election laws apply to the nomination of candidates for all elective offices, except presidential electors, trustees of the University of Illinois, township (so-called) and school officers. These laws also apply to the election of all precinct, senatorial and state central committeemen. An advisory vote may be taken upon candidates for President of the United States. Who May Vote. Every voter at a primary election is required to state the name of the party with which he affiliates, and one of the judges must announce the name of the voter, his residence, and his party affiliation in a distinct tone of voice, loud enough to be heard by all persons in the polling place. No person is entitled to vote at a primary election who shall have signed a petition for the nomination of a candidate of another party or of an independent candi- date, nor if he shall have voted with another political party at a primary within two years. Women may vote at any primary for the nomination of candidates for such offices as women may vote for at the election for which the primary is held. Separate ballots and ballot boxes are provided for women, their ballots containing only the names of candidates . for whom women are entitled to vote. Plurality Vote. The person receiving the highest number of votes at a primary election as a candidate of a party for a given office becomes the nominee of his party for such office by virtue of such vote. Tie votes are decided by lot as provided by law. Party conven- tions no longer have anything to do with nominations for offices to which the primary election laws apply. TOWN GOVERNMENT 71 Special Town Meetings. The supervisors, town clerk, and a justice of the peace, or any two of these officers together with at least fifteen voters of the town, may cause a special town meeting to be held, by filing with the town clerk a statement, in writing, that such a meeting is necessary for the good of the town. The objects of the meeting must be given in the statement. Notice of the meeting is given in the same manner, and for the same length of time as for annual town meetings. The notice must state the objects of the meeting as given in the written statement filed with the town clerk, and no business can be done except that for which the meeting was called. Why this provision? Executive Department Officers. The executive officers of the town are supervisor, clerk, assessor, collector, and highway com- missioners. There is no town treasurer. The supervisor and one of the highway commissioners have charge of all town funds. There is a township treasurer, but he holds nothing except township school funds. He is a school officer, and his duties will be discussed in CHAPTER VIII on the public school system. The town officers are all elected at the annual town meeting. SUPERVISORS Town Funds. The supervisor receives and pays out all funds for the expenses of the town, except for road and bridge purposes. Lawsuits of the Town. The supervisor prosecutes suits for the recovery of penalties and forfeitures due 72 ILLINOIS AND THE NATION the town. When the supervisor's bond is forfeited, the town clerk prosecutes the suit. Account and Settlement. The supervisor must keep strict account of all sums of money received and paid out for the town, and on the Tuesday preceding the annual town meeting he must make a settlement with the board of town auditors. County Board. All supervisors, except of the towns in Cook County, must attend all meetings of the county board. Town Paupers. The supervisor is overseer of the paupers of the town. It is his duty to furnish them proper relief at the expense of the town or county. Statement. One week before the annual town meet- ing the supervisor must file with the town clerk a statement showing what sums of money are due the town, and also what sums the town owes. This state- ment must be copied by the town clerk into the town records and read at the town meeting. Term. Supervisors are elected for two years. Assistant Supervisors. In towns of four thousand inhabitants there must be elected one assistant super- visor, and for every twenty-five hundred inhabitants above four thousand another assistant supervisor is added. These have no authority in town affairs, except as members of the board of health. As members of the county board they have the same powers as the principal supervisor. TOWN CLERK Records. The town clerk has custody of all records, books, and papers of the town. Town Meetings. He records in a book provided for the purpose the proceedings of every town meeting, TOWN GOVERNMENT 73 including all rules and regulations adopted at such meeting. He also records the acts of the board of the town auditors, and is clerk of highway commissioners. Certificates. If it be voted at any town meeting to raise money for any purpose, the clerk must de- liver to the supervisor before the annual meeting of the county board a certificate of his record of such vote. He must certify to the county clerk, on or before the second Tuesday in August, the amount of taxes to be raised for all town purposes. Elections. He provides at public expense the ballots to be used in the town elections. The form of this ballot is prescribed by law. Term. The town clerk is elected for two years. ASSESSOR Value of Property. It is the duty of the assessor to set a value upon the property of every property holder in his town, and to write such value in a book prepared for the purpose. This book, when the assessments are completed, is delivered to the county clerk. When all the assessor's books in the county have been returned to him, the county clerk ascertains the total valuation put upon the taxable property within the county. From the tax levies made and filed in his office by the various officers who are authorized to levy taxes, he ascertains the total amount to be raised by taxation in his county. By finding the percentage that this amount is of the assessed value of all the property, he obtains what is called the rate per cent of taxation. The assessed value of a man's property multiplied by this rate per cent will give the amount of his tax. 74 ILLINOIS AND THE NATION Supervisor of Assessments. In counties under town- ship organization of less than 125,000 inhabitants, the county treasurer is ex officio supervisor of assessments in his county. He has the same power as an assessor to assess* and to make changes or alterations in the assess- ment of property. Board of Review. In counties in which the treasurer is supervisor of assessments there is a board of review consisting of the chairman of the county board and two citizens of the county appointed by the county judge. They review the assessments made by the supervisor of assessments. They have power to increase, reduce, or otherwise adjust the assessment of any individual or corporation. Cook County, having over 125,000 inhabitants, has a different system. It has a board of assessors, five in number, who serve six years. They employ a chief clerk and deputy assessors. Each member of the board of assessors receives $3,600 per annum. COLLECTOR Collector of Taxes. The collector, as his name implies, collects the taxes of the town and pays them over to the proper officers. Term. The assessor and collector are elected for two years. The same person may be chosen for both offices. HIGHWAY COMMISSIONERS Number. There are three commissioners of high- ways elected in every town. On the second Tuesday after their election they must meet at the town clerk's office and elect one of their number president. TOWN GOVERNMENT 75 Treasurer. The town supervisor is ex officio treas- urer of the town road and bridge fund. He receives all money collected in the town for road and hridge pur- poses, and pays it out on the order of two or more of the highway commissioners. Roads and Bridges. The commissioners build, re- pair or vacate roads and bridges. Tools and Implements. The commissioners pur- chase for the use of the town such plows, scrapers, and other implements as may be necessary, and have charge of them at all times. Drainage. The commissioners have charge of road drainage and may contract with the owners of adjoining lands regarding tile drains. Other Duties. It is the duty of the highway com- missioners to put up guide boards at the forks and crossings of the most important public roads; also to keep noxious weeds from seeding. They may provide public wells with suitable fixtures at the most important crossings and at other suitable places. Road Tax. The commissioners must annually levy a tax sufficient for all road and bridge purposes for the ensuing year, but this tax cannot exceed the rate of thirty-six cents on one hundred dollars. Term. The highway commissioners are elected for three years, one being elected annually. TOWN BOARDS Board of Appointment. Whenever there is a vacancy in any town office, from any cause, the justices of the peace of the town, together with the supervisor and the town clerk, may choose some one to fill such vacancy for the remainder of the term. 76 ILLINOIS AND THE NATION Board of Town Auditors. The supervisor, town clerk, and justices of the peace of every town constitute the board of town auditors. The board meets at the town clerk's office twice each year — on the Tuesday before the annual meeting of the county board, and on the Tuesday before the annuai election. At these times they examine the accounts of the supervisor and commissioners of highways of the town, and audit all claims against the town and the salaries of all town officers, except those of supervisors for county services. Commissioner of Canada Thistles. The board of auditors may appoint, when necessary, a commissioner of Canada thistles, whose dutV it is to destroy all Canada thistles growing in the town. He is appointed for three years. Board of Health. The supervisors, assessors, and town clerk of every town constitute a board of health. It is their duty to make and enforce, when necessary, such regulations as may tend to check the spreading of contagious diseases in the town. Judicial Department Officers. The judicial officers of the town are justices of the peace and constables. There are at least two justices and two constables in every town, and one justice and one constable additional for every one thou- sand inhabitants above two thousand, until there are five of each. Term. Justices of the peace and constables are elected for four years. In Chicago justices have been superseded by the judges of the municipal court. TOWN Ci()\ IIRXMENT 77 JUSTICES OF THE PEACE Civil Suits. Justices of the peace have jurisdiction in civil cases in which the amount in dispute does not exceed two hundred dollars. Criminal Affairs. Justices have original jurisdiction in all cases of misdemeanor when the punishment is by fine only, and the fine does not exceed two hundred dollars, and in all cases of assault, and assault and battery. A misdemeanor is an offense not punishable with death or imprisonment in the penitentiary. When an offense is punishable with death or impris- onment in the penitentiary, it is a felony. An assault is an attempt, coupled with present ability, of one person to do a violent injury to another. Assault and battery is the unlawful beating of another. Preliminary Examination. When a person is sus- pected or accused of felony, he may be arrested and brought before a justice for a preliminary examina- tion. If the justice, or the jury summoned by the justice, has just cause to believe him guilty, he is held to bail or sent to jail to await the action of the grand jury. When a prisoner is held to bail, he procures a suffi- cient number of responsible persons who will pledge themselves in writing to pay into the public treasury a certain sum of money, if the prisoner, being set free, does not appear in court on a certain day. After a person has had his preliminary hearing, he must be indicted by the grand jury before he can be brought to trial for a felony. 78 ILLINOIS AND THE NATION CONSTABLES Duties. Constables must keep the public peace by arresting all persons who break the laws in their pres- ence, and must promptly serve the writs issued by the justices and other magistrates. All judges and justices of the peace are also conservators of the peace within their respective jurisdictions. Questions and Topics for Study i. When is the annual town meeting held? 2. What is meant by primary election? 3. Name the elective township officers. 4. What powers have justices of the peace? 5. (a) What is a misdemeanor? (b) A felony? 6. (a) Make a copy of the following table, (b) Complete it by supplying the needed information. (c) Preserve for future reference. OFFICE LENGTH OF TERM SALARY DUTIES PRESENT INCUMBENT Supervisor Asst. Supervisor Town Clerk Collector Assessor Highway Commis- sioners (3) Justices of Peace Constable CHAPTER VI CITY AND VILLAGE GOVERNMENT Legislative Department Cities Under Special Charters. Prior to 1870, cities could obtain from the legislature special charters for their government. These charters gave the cities to which they were granted certain privileges, named and denned the duties of the officers, and were the basis of the city governments. The constitution of 1870 pro- hibits the granting of such special charters, or the amend- ment of those already granted. Cities Under the General Law. Since the adoption of the new constitution, all cities have been incorporated under the general law. The governments of cities under special charters often differ from one another very ma- terially, while under the general law all cities are gov- erned in the same manner. The following discussion applies to cities organized under the general law: City Council. The city council consists of the mayor and aldermen. The mayor has no vote except in case of a tie. He is the presiding officer, rather than a member, of the council. The aldermen are from six to seventy in number, according to the population of the city, and are elected for two years. Wards. For convenience in electing aldermen, cities are divided by the city council into half as many wards 80 ILLINOIS AND THE NATION as there are aldermen, one alderman being elected from each ward annually on the third Tuesday in April. Wards must, as nearly as practicable, have an equal number of inhabitants, and be formed of compact and contiguous territory. Meetings. The council determines the time and place of its regular and special meetings. All meetings are open to the public'. Powers of City Councils. The general law defines ninety-six different powers of city councils. The follow- ing are among the most important : Ordinances. The council passes ordinances for the government of the city, and fixes such penalties as it may deem necessary, but no fine can exceed two hundred dollars, and no imprisonment can exceed six months for one offense. Animals at Large. The council may prohibit the running at large of animals, including geese and dogs, and may impose a tax on dogs. Taxes. The council has power to levy and collect taxes for general and special purposes. Officers. The council acts upon all appointments of officers made by the mayor, and may confirm or reject them. Pay of Aldermen. The pay of aldermen is fixed by the city council, but must not exceed three dollars to each alderman for each meeting of the council. No other compensation is allowed. In Chicago each alderman receives $1,500 a year. Executive Department Mayor. The chief executive officer of a city is the mayor, who is elected for two (in Chicago, four) years. CITY AND VILLAGE GOVERNMENT 81 He presides over the meetings of the city council, and has a vote in case of a tie. He may also veto any ordi- nance passed by the council. Two-thirds of all the members elected to the city council may pass an ordi- nance over the mayor's veto. In these respects the mayor's duties pertain rather to the legislative depart- ment. Appointment of Officers. The mayor may, with the consent of the council, appoint certain officers. At such times the council exercises executive power. Message. The mayor must present to the city coun- cil, at least once a year, a message regarding the affairs of the city, and recommend for their consideration such measures as he may deem expedient. Compensation. The compensation of the mayor and of all the other city officers is fixed by the council, and cannot be changed during the term for which they are elected. City Clerk. A city clerk is elected in every city for two years. He is the custodian of the corporate seal, and of all papers belonging to the city. He must attend the meetings of the city council and keep a record of its proceedings. He must record in a book kept for that purpose all ordinances passed by the council. City Treasurer. This officer is elected for two years rind has charge of the city funds. His duties are much the same as those of the county treasurer. Assessor and Collector. Instead of having the city taxes assessed and collected by the same officers and at the same time as other taxes, the city may elect a city assessor and a city collector. Other Officers. By a vote of two-thirds of all the aldermen elected, the city council may provide for the election by the legal voters, or for the appointment by 82 ILLINOIS AND THE NATION the mayor, of certain other officers. Among those who, when so appointed or elected, have executive authority, are a city comptroller and a superintendent of streets. City Comptroller. The city comptroller is the special guardian of the funds of the city. He has general super- vision over all city officers who handle the city funds, and makes an annual estimate of the amount of money necessary to run each department of the city government for the ensuing year. Superintendent of Streets. This officer has general supervision of the streets. Judicial Department City Courts. In cities having five thousand or more inhabitants, there may be city courts which shall at all times have concurrent jurisdiction with circuit courts, except for the crimes of treason and murder. A judge and a clerk of the city court are elected for four years. Police Magistrates. Police magistrates, having the same jurisdiction as justices of the peace, may be elected in cities and villages for four years. Justices of the peace have jurisdiction in all matters pertaining to city and village ordinances. Corporation Counsel. There may be elected, or ap- pointed, a corporation counsel, whose relation to the city and its officers is much the same as that of the Attorney- General to the state and state officers. Only large cities have need of such an officer. City Attorney. This officer is elected in every city for two years. He prosecutes offenders against the city ordinances, advises the city council and other officers, and conducts the lawsuits of the city. CITY AND VILLAGE GOVERNMENT 83 City Marshal and Policemen. The mayor, with the consent of the council, may appoint a city marshal and a sufficient number of policemen. The marshal is at the head of the police force, and has all the powers of a constable. The sheriff of the county, or any other con- stable, may serve any processes or make any arrests authorized to be made by the city marshal. The mayor and the members of the city and village councils are conservators of the peace, and may make arrests for violation of ordinances or of any criminal law of the state, with or without warrants. Trustees of Villages. Villages are governed very much the same as cities. In place of the city council there is a board of trustees, six in number, elected for two years. A president of the board is also elected every second year. He has about the same powers as the mayor of a city, and the trustees have powers similar to those of aldermen. The president has a vote only in case of a tie. The president and board of trustees may appoint a treasurer, one or more street commissioners, a village constable, and a few other officers. Elections. City and village elections are conducted under the Australian system. (See specimen ballot.) Questions and Topics for Study i. Do you live in an incorporated village? 2. If you do, make a list of the officers of your village and give the duties of each. 3. Do you live in a city? 4. H so, is it under the general law, special charter, or commission form of government? 5. If your city is under the general law or special law, name the mayor, the aldermen from your ward, the city clerk, and the chief of police. 6. Has your city a city court? CHAPTER VII COMMISSION FORM OF MUNICIPAL GOVERNMENT Organization. No other governmental problem of our age presents so many difficulties as does the prob- lem of efficient control of our cities. In seeking a solu- tion of this problem the commission form of government has been evolved. It may be adopted in any city now under the general law which has a population not exceed- ing 200,000. Upon petition of a number of voters equal to one-tenth of the votes cast for all candidates for mayor or president of the board of trustees at the last preceding election of such officer, an election must be held in any such city or village for the purpose of voting for or against the adoption of the commission form of government for such municipality. If a majority of the votes cast are in favor of the adoption of that form of government, steps must immediately be taken to put the same in operation. Officers. Under this form of government there are elected for a term of four years a mayor and four com- missioners. All divisions of the municipality into wards are discontinued and these officers are all nominated and elected at large. Nomination and Election. Preceding every election of mayor and commissioners a primary at large is held at which the official primary ballot contains the names, 84 COMMISSION FORM OF GOVERNMENT 85 in alphabetical order, of all candidates for mayor, and also of all candidates for commissioner. At the head of the list of candidates for mayor is printed, "Vote for one," and at the head of the list of candidates for com- missioner is printed, "Vote for four." At the election following the primary, the official bal- lot contains as candidates for mayor the names of the two persons who received the highest number of votes for mayor at the primary; and as candidates for com- missioner the names of the eight persons (if there be so many) who received the highest number of votes for commissioner at the primary. Any voter, however, can vote for some other person for either mayor or commis- sioner by writing the name of such other person in the proper blank space on the ballot and making a cross opposite the name in due form. Like the primary ballot, the election ballot contains the direction "Vote for one" for mayor and "Vote for four" for commissioner. The candidate for mayor and the four candidates for com- missioner receiving the highest number of votes at the election are duly declared to be elected. The Council. The mayor and the four commissioners constitute the city or village council. Each has a right to vote upon all questions coming before the council, and every member, including the mayor, present at any meet- ing must vote on every motion, resolution, or ordinance whenever a vote is taken. Every motion, resolution, or ordinance must be reduced to writing and read before a vote is taken, and upon every vote the "yeas" and "nays" must be called and recorded. The powers of the council are the same as those of similar bodies under the general law. The mayor has no veto, however. Every measure passed by the council must be signed by the mayor, or by two commissioners, 86 ILLINOIS AND THE NATION and recorded before it shall be in force. Three members of the council constitute a quorum and three affirmative votes are necessary to pass any motion or measure. Executive Department. The executive powers, authority, and duties in "commission form" cities and villages are distributed among five departments, as follows : 1. Department of public affiairs. 2. Department of accounts and finances. 3. Department of public health and safety. 4. Department of streets and public improvements* 5. Department of public property. The council determines the powers and duties of each department. It also prescribes the powers and duties of officers and employees and assigns them to one or more departments. In addition, the council may make all rules and regulations necessary for the efficient and econom- ical conduct of the business of the municipality. The mayor is commissioner of public affairs and su- perintendent of that department. The council designates by a majority vote one commissioner to be commissioner in charge of one of the other departments until every department is provided with a commissioner who acts as superintendent of that department. Other Officers. The council, by majority vote, may elect the following officers : City (or village) clerk, treasurer, attorney, assistant attorney, corporation coun- sel, library trustees, and a board of local improvements. It may also create, fill, or discontinue offices and employ- ments other than the foregoing, and, by a majority vote of all members, may remove any officer or employee, except such as are within the civil service. Salaries. The mayor and commissioners receive sal- aries provided by law and classified with reference to COMMISSION FORM OF GOVERNMENT 87 population and the demands of the public service upon their time. All other officers, assistants, and employees receive such salary or compensation as the council may provide. Initiative. Any proposed ordinance may be submitted to the council by petition signed by a certain percentage of legal voters as provided by law. If the proposed ordi- nance is accompanied by a petition signed by a number of voters equal to 25 per cent of the vote for all candi- dates for mayor at the last preceding general municipal election, and contains a request that such ordinance be submitted to a vote of the people if not passed by the council, then the council must either pass the ordinance without alteration within 30 days, or call a special elec- tion (unless a general election will occur within 90 days) at which such ordinance shall be submitted without alteration to the legal voters of the municipality. If the petition accompanying the proposed ordinance is signed by not less than 10 per cent nor more than 25 per cent of the legal voters as above stated, then the council must either pass the ordinance without change within 30 days, or submit it at the next general municipal election, if such there be, within 90 days from the filing of the petition; but no special election is called unless the number of voters signing the petition exceeds 25 per cent as stated in the preceding paragraph. Any number of proposed ordinances may be voted upon at the same election, but not more than one special election for the adoption of ordinances can be held in any period of six months. Two or more proposed ordi- nances may be submitted separately on the same ballot. Referendum. With the exception of ordinances for the immediate preservation of public peace, health, or safety, and a few others, no ordinance passed by the council 88 ILLINOIS AND THE NATION shall go into effect before the expiration of 30 days from the time of its passage. If, during the 30 days, at least 10 per cent of the legal voters sign and present to the council a petition protesting against the passage of the ordinance, it becomes the duty of the council to recon- sider such ordinance. If, upon reconsideration, the ordinance is not entirely repealed, it must be submitted to a vote of the people at a general or special election. An ordinance so submitted does not go into effect unless voted for by a majority of those voting upon the ordi- nance at such election. Referendum of Franchises. Every grant of any fran- chise, right, or license to occupy or use the streets, alleys, highways, bridges, subways, viaducts, public property, or public places for interurban, suburban, subway, elevated, aerial, or street railways, gas tanks, water works, electric light, power, or heating plants, telegraph or telephone systems, or other public service utilities within the city or village limits, must be authorized or approved by a majority of the legal voters voting thereon at some gen- eral or special municipal election. Recall of Elective Officers. Every elective officer, except judges and other court officers, whether elected by a popular vote or appointed to fill a vacancy, is sub- ject to recall and removal at any time by the legal voters qualified to vote for such officer. To institute proceed- ings for recalling a given officer a petition demanding the election of his successor must be signed and presented to the council by at least 55 per cent of such qualified legal voters, computed upon the basis of the entire vote- cast for mayor at the last preceding election. The recall or removal of an officer is thus brought about by the election of a successor before the expiration of the officer's term. COMMISSION FORM OF GOVERNMENT 89 Abandonment of Commission Form. At any time after four years' operation under the "commission form," any municipality may abandon the same and return to organization under the general law. For this purpose a petition signed by at least 25 per cent of the legal voters is required. Upon the filing of such petition, the ques- tion of abandonment and reorganization must be sub- mitted to the people at the general municipal election. Questions and Topics for Study i. How may commission form of city government be se- cured? 2. (a) What officers are elected? (b) For what length of term? 3. What is meant by referendum? 4. How may an elective officer be recalled? 5. Find out what cities in Illinois have commission form of government. 6. (a) What are its advantages? (b) Its disadvantages? 7. (a) If you live in a city which is under the commission form of government, name your mayor and commissioners, (b) State the powers and duties of each. CHAPTER VIII PUBLIC SCHOOL SYSTEM Origin Ordinance of 1787. In 1787 Congress passed an ordi- nance for the government of the territory of the United States northwest of the Ohio River. The third article refers to education in this manner : "Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." Act of Congress, 1818. In 1818 Congress passed an act enabling the people of Illinois to form a state consti- tution. Section six has the following provision : "The section numbered sixteen in every township, and when such section has been sold or otherwise disposed of, other lands equivalent thereto and as contiguous as may be, shall be granted to the state for the use of schools." It is further provided that three per cent of the net pro- ceeds from the sale of public land within the state shall be appropriated by the legislature of the state for the encouragement of learning, and one-sixth of the amount shall be bestowed exclusively upon a college or university. State Constitutions. Neither the Constitution of 1818 nor that of 1848 makes any special mention of education. The Constitution of 1870, on the contrary, has an entire article devoted to the subject, and declares 90 PUBLIC SCHOOL SYSTEM 91 that "the General Assembly shall provide a thorough and efficient system of free schools, whereby all children of the state may receive a good common school education." Laws of the State. The first law providing for the establishment of free schools was passed in 1825. Many changes have since been made, some of which destroyed for a time the free school feature of the system. Relation to State Government The public school system, though distinct in its pur- pose, is intimately connected with the government of the state in civil affairs. The General Assembly is the law- making power, and the ordinary courts have jurisdiction in school matters. But there are several executive officers who have to do with school matters only. With reference to the school system the state is divided into counties, townships, and school districts. School Funds State Funds. The state school fund is made up from three distinct sources. Direct Tax. Prior to 1873 a tax of two mills upon each dollar's valuation of property in the state was levied for school purposes. From 1873 to 1911 the legislature provided for a levy for the state school fund (in lieu of the two-mill tax) of $1,000,000 annually. The levy for this fund is now $3,000,000 annually. Interest on the School Fund Proper. The school fund proper consists of three per cent of the proceeds of the sales of public lands in the state, one-sixth part excepted. It is one of the permanent school funds of the state. It is called a permanent fund because no part of the fund 92 ILLINOIS AND THE NATION itself, but only the interest upon it, can be expended. The interest on this fund is made a part of the state school fund. The one-sixth part of the proceeds ex- cepted is known as the "college fund." Interest on the Surplus Revenue. In 1836 Congress passed an act depositing with the states, in proportion to their representation in Congress, the money that had accumulated in the national treasury— chiefly from the sale of public lands. Prior to this an unsuccessful at- tempt had been made to distribute this money among the states as a gift from the nation. The objections to this plan were overcome by depositing the money with the states subject to return at call by Congress. About $28,000,000 was deposited in this way, and none of it has ever been called for. Illinois received $477,919.24. When Illinois received her share, the General Assem- bly, in 1837, made a large part of it (the "surplus reve- nue," as it is called) a part of the permanent common school fund. The interest on this is annually distributed among the schools of the state. The interest on the state school fund is paid by the state at the rate of six per cent per annum. State Superintendent of Public Instruction State Certificates. The State Superintendent grants state certificates of the first, second, and third grade to such persons as may be qualified to receive them, and may suspend or revoke any such certificate for incompe- tency, immorality, or other unprofessional conduct. Appeals. He hears and determines all controversies arising under the school laws of the state coming to him by appeal from a county superintendent of schools. Counsel with Teachers. He is to counsel and advise PUBLIC SCHOOL SYSTEM 93 with experienced and practical school teachers as to the best manner of conducting common schools. Supervision. He has the supervision of all the com- mon schools in the state. Advisory Duties. He is the general advisor and assistant of county superintendents of schools, and from time to time addresses circular letters to them relating to school matters. He is the legal advisor of all school officers, and when requested by any such officers, gives his opinion in writing upon any question arising under the school law of the state. Report. The State Superintendent reports biennially to the Governor, giving the condition of the schools of the state; the number of schools in each county; certain facts regarding the number of male and female teachers ; the number of pupils in attendance at school ; the num- ber of persons in each county under twenty-one years of age, and the number of persons between the ages of twelve and twenty-one who can not read and write; the amount of county and township funds, and the amount of state, county, and township funds annually paid out; the amount raised by taxation; the whole amount annually expended for schools; the number of schoolhouses, and their kind and condition ; the number of whole and fractional townships in each county ; facts about apparatus and school libraries; and other facts relating to schools. He is also to give suggestions re- garding changes in the school law. This report is laid ' before the General Assembly at its regular session, and is printed for free distribution. Funds Withheld. The State Superintendent has power to cause funds to be withheld from any school officer or teacher who has not complied with all the requirements of the law. 94 ILLINOIS AND THE NATION Bond. The State Superintendent gives a bond for $25,000. Salary. He receives a salary of $7,500 a year. County Superintendent of Schools Accounts. The county superintendent must keep an account of all sales of common school lands in his county, and of all sums of money received, loaned, or paid out. Report to County Board. He must present a written report to the county board at its regular meeting in Sep- tember, giving a full statement of all sums of money in his charge since his last report, together with a statement of the condition of the county and township funds in his charge. Township Treasurers. The county superintendent must examine all bonds given by township treasurers, and approve them or return them for correction. When they have been approved, he must pay over to the treas- urers all sums of money, and all bonds, notes, and other securities and papers belonging to their respective townships. Apportionment. He must apportion among the town- ships in which schools have been legally conducted, the money received upon the auditor's warrant from the state fund, together with the interest on the county fund, if there be one. He must see that every treasurer's bond is valid before paying him the sum apportioned for his township. In case the directors of any district have not made their annual report, he withholds their share of the funds. Report to State Superintendent. He must report to the State Superintendent such facts as the latter may PUBLIC SCHOOL SYSTEM 95 require to assist him in making up his report to the Governor. . . . Advisory Duties. In controversies arising under the school law, the opinion and advice of the county superin- tendent must first be sought, but appeal may be taken to the State Superintendent. The county superintendent stands in much the same relation to the school officers and teachers of the county as the State Superintendent stands to those of the whole state. Treasurers' Accounts. The county superintendent must examine annually all accounts, books, and vouchers of every township treasurer in his county, and report to the school trustees any irregularities he may find. He must also examine all bonds, notes, and other securities for school funds held by every treasurer, and see that they are of proper form and have sufficient security. Teachers' Associations. He must encourage the for- mation, and assist in the management of county teachers' issocistions. Examinations. He must hold examinations for teach- ers' certificates at least three times each year upon ques- tions furnished by the state examining board. Fee for Certificate. The county superintendent must in all cases require the payment of a fee of one dollar from every applicant for examination for a teachers' cer- tificate, and for each renewal of a certificate. He must pay the money received in this way to the county treas- urer, and give him also a list of the names of persons paying the fees. The county treasurer keeps account of such fees as a part of what is known as the "institute fund." Teachers' Institutes. The county superintendent must hold, annually, a teachers' institute, which must 96 ILLINOIS AND THE NATION continue in session at least five days. Two or more adjoining counties may hold an institute together'. Instruction is free at such institutes to persons hold- ing certificates good in the county, or counties, for which the institute is held, and also to those who have paid the required fee and failed to receive certificates. All other persons must pay a registration fee of one dollar. The registration fees are added to the institute fund, which is held subject to the order of the county super- intendent, and is used only to defray the expenses of teachers' institutes. Institutes During Term Time. The time not exceed- ing five days in any one year, actually spent by a teacher of any public school in the state in attendance upon a teachers' institute, under the direction of the county superintendent, is considered time lawfully expended by the teacher in the service of his district, and no deduction of wages can be made for absences. Directors must allow teachers to close their schools for such attendance upon these institutes. Visiting Schools. Prior to 1885, the county superin- tendent visited schools only when directed to do so by the county board, or, in other words, the county board could pay him for visiting schools, or not, just as it pleased. As a rule, few superintendents visited schools more than a few days each year. Under the present law the county superintendent must visit every school in his county at least once a year. He is to spend at least one-half of the time given to his office in visiting ungraded schools. Revocation. The county superintendent may suspend or revoke any teachers' certificate issued by him upon evidence of immorality, incompetency, unprofessional conduct, or other just cause. Refusal to attend or par- PUBLIC SCHOOL SYSTEM 97 ticipate in, or indifference or antagonism toward insti- tutes, teachers' meetings, professional readings, or other reasonable requirements of the county or state superin- tendents, may be considered unprofessional conduct. General Duties. The county superintendent gives to teachers and school officers such directions in the science, art, and methods of teaching, and in regard to courses of study as he may deem expedient. He acts as the official adviser and constant assistant of the school officers and teachers of his county and carries out the advice of the state superintendent. It is the duty of the county super- intendent to labor in every practicable way to elevate the standard of teaching and improve the condition of the public schools. He determines, upon appeal from school trustees, matters concerning district boundaries. Bond. The county superintendent gives a bond for a sum not less than $12,000, to be increased at the discretion of the county board, by whom it must be approved. Compensation. County superintendents elected after 1909 receive annual salaries based upon the population of their respective counties (census of 1900), as follows: Population not exceeding 12,000, $1,250; 12,000 to 20,000, $1,500; 20,000 to 28,000, $1,800; 28,000 to 36,000, $2,000; 36,000 to 50,000, $2,250; 50,000 to 75,000, $2,500; 75,000 to 100,000, $2,750; exceeding 100,000, $7,500, all payable quarterly from the state school fund. What is the county superintendent's salary in your county? Examining Board Members. This board consists of the State Superin- tendent of Public Instruction, who is ex officio chairman, one person engaged in educational work appointed by the State Superintendent for four years, and three county 98 ILLINOIS AND THE NATION superintendents, each to serve three years. One of the county superintendents is appointed anually by the State Superintendent upon the recommendation of the county superintendents' section of the state teachers' associa- tion at its annual meeting. Examinations. The Examining Board causes exam- inations for county teachers' certificates to be held at least three times each year under such rules as the board may prescribe. Questions for each examination must be uniform throughout the state and are prepared by the Examining Board and sent to county superintendents under seal. The seal in each case is broken by the county superintendent only at the time of opening the exam- ination and in the presence of the applicants. The county superintendent conducts the examination in his county and forwards all papers to the Examining Board. The grades are then returned to the county super- intendent, who issues certificates of proper grade to such applicants as have passed the examination ; provided, in each case, that he deems the personality of the applicant and his or her general qualifications other than scholar- ship, to fit such person for the work to be performed under the certificate sought. Seven different grades or kinds of certificates may be issued by county superin- tendents upon such examinations or otherwise as pro- vided by law. Expenses. The members of the Examining Board receive their necessary traveling or other expenses in- curred in connection with their duties as members of the board. Trustees of Schools Election. The business of the school township is done by three trustees, one of whom is elected on the PUBLIC SCHOOL SYSTEM 99 second Saturday in April, annually. In cases where the boundaries of the school township coincide and are identical with the boundaries of the town, as established under the township organization laws, the election for school trustees is held at the same time as the annual town meeting. This is on the first Tuesday in April. Term. School trustees are elected for three years. Meetings. The trustees hold regular semi-annual meetings on the first Monday of April and October, and such special meetings as may be necessary. Appointment of Township Treasurer. The board of trustees appoint one of their number president, and some resident of the town, who is neither a trustee nor a school director, township treasurer. Division of Township into Districts. The board of trustees divide their township into a suitable number of districts for the convenience of a majority of its inhabi- tants. After districts have been formed, they may be changed by the trustees so as to divide or consolidate districts, to make a new district out of territory belong- ing to two or more districts, or to take territory from one district and add it to another. In such cases the trustees can act only upon the petition of a majority of the legal voters of each district affected, or of two-thirds of the voters in a certain territory when such territory is to be added to another district, or made into a separate district In the latter case the territory must contain at least ten families. Distribution of Funds. At the regular semi-annual meetings the trustees ascertain the amount of state, county, and township funds on hand and subject to dis- tribution, and apportion it among the districts con- ducting schools according to law, in proportion to the number of persons under twenty-one years of age in 100 ILLINOIS AND THE NATION each. The amount apportioned to each district is placed to its credit on the treasurer's books, and is paid out upon the orders of the directors of the district. The township fund consists mainly of the proceeds of the sale of the sixteenth section, and the interest thereon. The interest only is apportioned to the districts. The principal must forever be loaned for the use of the township. Examination of Accounts. At their semi-annual meetings, and at other times if they think proper, the board examines all books, notes, mortgages, and other papers belonging to the township, and sees that the funds are properly managed. Township High Schools. The voters of the township may elect to establish a township high school for the education of the more advanced pupils. In this case a township board of education of five members has charge of the school in all respects the same as directors in the case of district schools. Compensation. The trustees of schools give no bonds and receive no compensation for their services. In coun- ties under township organization they are exempted from road labor and military duty. Township Treasurer Clerk of Board of Trustees. The township treasurer is clerk of the board of trustees of his township. He keeps a record of all the official proceedings of the board. Report to County Superintendent. As clerk of the board of trustees, he reports to the county superintendent such facts as the latter must report to the State Super- intendent. Care of Funds. The township treasurer is custodian PUBLIC SCHOOL SYSTEM 101 of the school money of the township and the several dis- tricts. It is his duty to keep the school funds at interest. Semi-Annual Statement. At each regular meeting of the trustees he must present to them a full statement of the affairs of the township, and lay before them all papers pertaining to his office. Annual Exhibit. He must annually make out a com- plete statement of the sums of money received, paid out, and on hand, with reference to the township and each school district, and present it to the trustees at their first meeting after the annual election. Statement to Districts. Twice each year the town- ship treasurer must make out a statement for each dis- trict, giving an itemized statement of receipts and expen- ditures since the last report, and showing the sum of money to which the district is entitled at the time of the statement. This statement must be sworn to by the treasurer and delivered to the clerk of the board of directors for the district. Statement to County Superintendent. The township treasurer must make an annual statement, under oath, to the county superintendent, showing the exact condition of the township funds. Term. The township treasurer is appointed for two years. Bond. He gives a bond sufficient to cover all lia- bilities incurred. Compensation. The compensation of the township treasurer is fixed by the board of trustees prior to his appointment. School Directors Election. Each school district of less than 1,000 inhabitants has three directors, one being elected an- 102 ILLINOIS AND THE NATION nually on the third Saturday in April at the district elec- tion. Election notices must be posted at least ten days before the election, stating the place of holding the elec- tion, the time of opening and closing the polls, and the questions to be voted upon. The question of building a schoolhouse, moving one already built, extending school beyond nine months, and some other questions may be voted upon, if due notice has been given. Organization. Within ten days after the annual elec- tion, the directors meet and organize by appointing one of their number president and another clerk. The presi- dent presides at the meeting, and executes the orders of the board. Record. The clerk must keep a record of all the pro- ceedings of the board in a book provided for the purpose, and must submit the records to the inspection of the township treasurer on the first Monday of April and of October. Reports. The clerk must report to the township treasurer on or before the seventh day of July, annually, such facts as the treasurer is required to report to the county superintendent. Statement to Voters. The directors must present to the voters of the district at the annual election a detailed statement of their receipts and expenditures, and a copy of this statement must be furnished the township treas- urer within five days of the time of the election. Meetings. The directors must have regular meetings at such times as they may designate, and may hold spe- cial meetings when necessary. No business can be legally transacted except at a regular or special meeting. Power to Levy Tax. The directors may levy a tax not to exceed V/ 2 per cent for educational, and \y 2 per cent PUBLIC SCHOOL SYSTEM 103 for building purposes, upon all the taxable property of the district. In districts containing not less than 1,000 nor more than 100,000 inhabitants and operating under the general school law, the tax for educational purposes may be as high as 2 per cent when authorized by a vote of the district, but the total school tax must not exceed 3 per cent. The directors ascertain as nearly as they can the amount of money necessary to be raised by taxation in their district, and certify to the township treasurer on or before the first Tuesday in August, annually, that such an amount is needed. The directors first determine how much money will be needed for all purposes for the next year, and knowing from the treasurer's statement the amount of state, county, and township funds due their district by apportionment, they are enabled to determine the amount necessary to be raised by special tax. School Year. The directors establish and maintain for at least six months of actual teaching a sufficient number of free schools for the accommodation of all chil- dren in the district over the age of six, and under the age of twenty-one years. Unless the school is conducted at least six months, the district cannot receive any of the state fund apportionment. Rules for the School. The directors must adopt and enforce necessary rules and regulations for the proper management and government of the schools. Visiting Schools. The directors must visit the schools from time to time as the good of the schools may require. Employment of Teachers. The directors employ teachers, fix their salaries, and may dismiss them for incompetency, cruelty, negligence, immorality, or other sufficient cause.. Directors cannot legally employ a 104 ILLINOIS AND THE NATION teacher unless ' he has a certificate from the county superintendent good for the whole time for which he is employed. Branches of Study. They must direct what branches of study shall be taught, and what textbooks and appar- atus shall be used. They must enforce strict uniformity of textbooks, but a change of textbooks cannot be made oftener than once in four years in any given study. Schedules. The directors must examine the sched- ules presented by the teacher and certify to their correctness if no mistakes be found in them. They must then give the teacher an order upon the township treas- urer for his pay. The schedules must be delivered by the directors to the township treasurer on or before the seventh of July annually. Compulsory Attendance. Any person having control of any child between the ages of seven and sixteen years, shall annually cause such child to attend some public or private school for the entire time it is in session — which must be not less than six months. Neglect of such duty renders persons having charge of such child subject to a fine of not less than $5 nor more than $20. School boards and directors must appoint one or more truant officers to report to them in writing all violations of this law and to enter complaint against all persons who are guilty of such violations. These officers may also arrest truant children and place them in charge of the proper teacher. Transfer of Pupils. Pupils may be transferred from one district to another upon the written permission of the boards of directors of both districts. Such permits must be filed with the township treasurer. High School Privileges. By a law passed in 1913, graduates of the eighth grade (or of the ninth and tenth PUBLIC SCHOOL SYSTEM 105 grades if there be such) in any school district having no public high school may attend some public high school under certain conditions, at the expense, for tuition, of the home district. Compensation. Directors give no bond and receive no compensation for their services. The directors may allow their clerk compensation for work actually per- formed. In counties under township organization, directors are exempt from road labor and military duty. Boards of Education Members. In each school district having not less than one thousand, nor more than one hundred thousand inhabitants, a board of education is elected. This board consists of six members and a president, who has no vote except in case of a tie. Three additional members are elected for every additional ten thousand inhabitants, but no board can have more than fifteen members. In each city of more than one hundred thousand inhabitants, a board of education, consisting of twenty-one members, is appointed by the mayor with the consent of the city council. Prior to 1870 many cities obtained special char- ters for the government of their schools, and so form exceptions to the above provisions of the general law. Citizenship Good Citizenship. Realizing the importance of good citizenship, the legislature, in 1905, added Civics and the History of Illinois to the list of common school studies. It is now the duty of all public schools not only to teach the fundamental principles and practical workings of our national, state, and local government, but also to instill 106 ILLINOIS AND THE NATION a healthy and justifiable state and local pride together with correct ideas concerning the rights and duties of citizenship. This duty so laid upon the public schools by law is emphasized by the law of 1913 granting greatly enlarged voting rights to women. Our boys and our girls as well must be trained to participate wisely in primaries and in elections so that men of character and intelligence may be selected to make, to administer, and to adjudicate our laws. They must be taught to make political parties servants — not masters. Duties of Voters. It is the duty of every person to whom the ballot is given in connection with any public affair, question, or office to exercise this right, intelli- gently and honestly, on every practicable occasion; to investigate carefully and with an open mind all questions, policies, or platforms to be voted upon; and to deter- mine, so far as possible, the character and fitness of all candidates for office. Duties of All Citizens. In return for the individual rights which are not only granted by our government but protected and even enforced by it, all persons, whether voters or not, should discharge promptly and honestly all their debts or other obligations, both to the public and to all individuals; they should not attempt to defeat justice nor to interfere in any way or degree with the religious beliefs of others; they should in all cases have due regard for other people's property as well as for the persons of others; they should allow to all others that complete freedom of speech which they them- selves desire, and should refrain from all sayings that slander or unjustly injure others ; they should respond cheerfully when summoned as jurors and willingly as witnesses by whomsoever called ; and finally, they should faithfully assist both state and nation in every way. PUBLIC SCHOOL SYSTEM 107 Rights of the Citizen. The relation of the citizen to the state and of the state to the citizen are reciprocal. The citizen who performs his duties and fulfills his obligations to the state is entitled as of right to the full benefits and protection of his government. He should at all times demand of those who are chosen to admin- ister the government in its various functions that they do so faithfully, efficiently, economically, and without fear or favor. To the just pride which a citizen should have in the government of his country, there may well be added a feeling of personal pride, or at least of con- gratulation, that he is an integral part of that govern- ment although he may hold no office whatsoever; for m the United States of America all the benefits of govern- ment originate in the people themselves, and from the people all the power of government is derived. Questions and Topics for Study i. When were our free schools first established? 2. What are the sources of our school funds in Illinois? 3. (a) What officer is at the head of the public school system of the state? (b) State three of his duties. 4. How are teachers' county certificates obtained? 5. Are the trustees of schools in your township elected at same time as your town officers? 6. (a) What are the duties of the county superintendent? (b) bor what length of term elected? (c) Upon what does his salary depend? 7. What are the provisions of the high school attend- ance law passed in 1913? CHAPTER IX MISCELLANEOUS State Educational Institutions The state has made provision for the professional training of teachers for the schools of the state by establishing and liberally supporting five state normal schools located as follows: Illinois State Normal Uni- versity, Normal ; Southern Illinois Normal University, Carbondale; Eastern Illinois State Normal School, Charleston; Western Illinois State Normal School, Macomb ; and Northern Illinois State Normal School, DeKalb. These schools are governed by boards appointed by the Governor. The University of Illinois, supported by the state, is located at Urbana. It is controlled by a board of trustees elected by the voters of the state. (For a more extended discussion of the state's educa- tional institutions, see Part II.) Illinois Farmers' Institutes Farmers' institutes are encouraged by the state by contributions to their support. State Charitable Institutions Control. The state board of administration controls all the charitable institutions, including ten hospitals for 108 MISCELLANEOUS 109 the insane located as follows: Alton, Elgin, Kankakee, Jacksonville, Anna, Watertown, Peoria, Chester, Chi- cago, and Joliet. Those at Chester and Johet are for insane criminals. The same board controls the school for the deaf and dumb at Jacksonville, the one for the blind at Jacksonville, and the one for the feeble minded children at Lincoln. This board also controls the Eye and Ear Infirmary, Chicago; the Soldiers' Orphans' Home, Normal; Sol- diers' and Sailors' Home, Quincy; Soldiers' Widows' Home of Illinois, Wilmington ; Illinois Industrial Home for the Blind, Chicago; State Training School for Girls, Geneva; and St. Charles School for Boys, St. Charles. Provision has been made for a State Colony for Epileptics and an Illinois Surgical Institute for Children. (For a fuller discussion of these institutions, see Part II.) State Penal and Reformatory Institutions Illinois State Penitentiary. This institution is located at Joliet, Will County. It is under the control of a board of commissioners. The commissioners meet at the peni- tentiary once a month for the purpose of inspecting it and receiving the reports of the warden and other officers. They make a biennial report to the Governor. Each commissioner must give a bond for $25,000. His salary is $1,500 a year. Southern Illinois Penitentiary. This penitentiary is located at Chester, Randolph County. It is controlled by a board of commissioners similar to that for the peni- tentiary at Joliet. Convict Labor. In 1886 an amendment to the state constitution was adopted, prohibiting the letting by con- 110 ILLINOIS AND THE NATION tract to any person or corporation the labor of any convict confined within any penal or reformatory insti- tution of the state. The state now furnishes the tools, machinery, and materials necessary to keep all the con- victs employed, and offers for sale the products of their labor. Illinois State Reformatory. This institution, formerly known as the State Reform School, is located at Pontiac, Livingston County. It is for the confinement, education, and reformation of boys between the ages of ten and sixteen years, who have been convicted of crimes, which, if committed by an adult, would be punishable with im- prisonment in the county jail or the penitentiary. Male criminals between the ages of sixteen and twenty-one years, who have not before been sentenced to a peniten- tiary, may also be sentenced to the reformatory instead of a penitentiary, at the discretion of the court. Persons are not sentenced to the reformatory for any definite time, and the board of managers may terminate the sentence at any time. Unless the sentence is sooner terminated by the managers, it will expire with the maxi- mum time fixed by law for the given crime. The man- agers have power to release prisoners on parole during good behavior. The reform school is managed by this board of man- agers, five in number, who receive traveling expenses while on necessary business for the institution. They serve five years. The State Militia Citizen Soldiers. The militia, or, as it is sometimes called, the citizen soldiery of the state, consists of all able-bodied men residing within the state, who are be- MISCELLANEOUS 111 tween the ages of eighteen and forty-five. Certain per- sons, however, are exempted from military duty by the laws of the United States or of this state. While all the able-bodied men, with few exceptions, are liable to be called upon to bear arms, only those who have volun- tarily formed themselves into organized companies and regiments are called out by the Governor so long as these are sufficient in number. All officers of the militia are commissioned by the Governor. The Governor himself is Commander ' in Chief. Adjutant General. The chief officer of the militia, next to the Commander in Chief, is the Adjutant Gen- eral. The Governor issues his orders to the militia through the Adjutant General. His salary is $5,000 a year. STATfe Boards and Commissions In administering the different institutions, properties, and statutes of the state many boards and appointive officers are necessary. The principal ones are as follows : (a) Those composed of certain state officers, usually the Governor and two or more of the other elective officers : Joint Legislative Reference Bureau Canvassing Board Commissioners of State Library Trustees of Natural History Museum Lincoln Homestead Trustees Lincoln Monument Commissioners Commissioners of State Contracts State Geological Commission 112 ILLINOIS AND THE NATION (b) Those appointed by the Governor: Board of Administration State Public Utilities Commission Game and Fish Conservation Commission State Civil Service Commission State Mining Board State Examining Board Mining Investigation Commission Mine Rescue Station Commission State Art Commission Live Stock Commissioners Commissioners of Labor Charities Commission State Highway Commission Rivers and Lakes Commission Board of Pharmacy State Board of Health State Board of Arbitration State Board of Pardons Canal Commissioners Illinois Park Commission Trustees of State Historical Library Industrial Board State Board of Examiners of Architects State Board of Dental Examiners State Board of Nurse Examiners Board of Examiners for Barbers (c) The following boards elected by the people or their representatives : State Board of Equalization State Board of Agriculture State Horticulture Society MISCELLANEOUS 113 (d) The following appointive officers : State Geologist Supervising Engineer State Deporting Agent Game Wardens Fish Culturist Weigh-Masters State Architect State Food Commissioner Insurance Superintendent Factory Inspector Inspector of Coal Mines Grain Inspectors Inspector of Apiaries State Fire Marshal Printer Expert State Veterinarian State Highway Engineer State Entomologist Officers for Prevention of Cruelty to Animals Commissioners of Deeds Public Administrators Notaries Public The Joint Legislative Reference Bureau through its secretary collects and keeps on file such information as may be helpful to members of the legislature in forming laws. The Canvassing Board canvasses the votes and announces the results of state elections. The Commissioners of State Contracts have charge of the letting of state contracts such as for fuel and printing. 114 ILLINOIS AND THE NATION The State Board of Equalization elected by the people and consisting of one member from each congressional district and the State Auditor examines and equalizes the tax assessments and assesses the stock and fran- chises of corporations. The State Board of Agriculture, composed of rep- resentatives from the different congressional districts, has charge of the state department of agriculture and the state fair and stock shows. The Board of Administration is composed of five members appointed by the Governor. They give their entire time and receive a salary of $6,000 a year. The board has entire charge of all of the state charitable institutions including the hospitals for the insane. The State Public Utilities Commission, recently established by law, consists of five members appointed by the Governor. The salary of each member is $10,000 a year. This is one of the most important of the state boards. It has supervision of all public utilities within the state, and has power to compel all railroad, express, sleeping car, telegraph, telephone, steamboat, electric light, gas, heat, power and warehouse companies to serve the people with reasonable efficiency and at equitable rates. The State Highway Commission, consisting of three members appointed by the Governor, has general over- sight of all highways, roads, and bridges constructed by the state or with state aid. The salary of each member is $10,000 per year. The Industrial Board, consisting of three members appointed by the Governor at a salary of $4,000 a year, is another one of the recently authorized boards. It has jurisdiction over the administration of the employers' liability law. MISCELLANEOUS 115 Notaries Public, appointed by the Governor, have authority to administer oaths, take depositions, and receive acknowledgments of legal instruments such as deeds and mortgages. The State Fire Marshal, appointed by the Governor, investigates the cause and origin of fires, makes recom- mendations on ways to prevent fires, and prosecutes those charged with arson. The State Food Commissioner, appointed by the Gov- ernor at a salary of $3,600 per year, enforces laws which , seek to insure pure food for the citizens of the state. The duties of many of the other boards and officers are suggested by their titles. An extended discussion of them will be found in Part II. Questions and Topics for Study i. Name and locate the five state normal schools. 2. What is the state militia? 3. For what purpose do we have the state board of agriculture? 4. What powers has a notary public? CHAPTER X NATIONAL GOVERNMENT Historical Sketch Declaration of Independence. July 4, 1776, the date of the adoption of the Declaration of Independence, may- be regarded as the beginning of our national existence. In this connection, review our colonial history suf- ficiently to understand the need and the nature of the Declaration of Independence. Articles of Confederation. Immediately after the adoption of the Declaration of Independence, a plan was proposed for the union of the states, but it did not meet with approval. In 1777, the Articles of Confederation were agreed to by Congress, and were to be in force when ratified by all of the states. Ten states ratified them the next year, but the remaining states failed to do so promptly. Indeed, Maryland withheld her ratification till 1781, nearly five years after the Declaration of Independence, and only six months before the surrender of Cornwallis practically closed the Revolutionary War. The Articles of Confederation were faulty in many particulars. Congress consisted of one house, the mem- bers of which were chosen annually by the several states, and could be recalled at pleasure. Members were paid by the state they represented. East state had one vote, which was determined by a majority of its delegates. 116 NATIONAL GOVERNMENT 117 The vote of two-thirds of the states was necessary to authorize any important action. No provision was made for an executive department, nor for a judiciary. Thus Congress could declare war, but could not compel the states to furnish men and supplies. It could make peace, treaties, and alliances, but any state could violate the provisions of these with impunity. It could apportion taxes among the states, but had no authority to collect them. It could borrow money, but could not compel its repayment. It could coin money, but had no power to purchase the necessary gold and silver. It could appoint ambassadors, but could not pay even their expenses. So insufficient were the Articles that a convention was called by Congress to meet at Philadelphia in May, 1787, for the express purpose of revising them. This con- vention was attended by delegates from every state but Rhode Island. Two of the three delegates from New York returned home before the final action was taken, leaving that state without a vote. The Constitution. The Articles were found to be faulty in theory as well as practice, and, after consider- able discussion, the convention decided to abandon them and prepare a constitution on another plan. The result was the present Constitution, agreed to September 15, 1787, and soon after reported to Congress together with a recommendation that it be submitted for ratification to the conventions held in the several states for that purpose. The Constitution was submitted as recom- mended and was ratified by eleven states in 1788. North Carolina ratified it in 1789, and Rhode Island in 1790. "Little Rhody" was practically forced into the Union. The other states were preparing to treat her as a foreign power, and to restrict her commerce by taxing goods 118 ILLINOIS AND THE NATION imported from Rhode Island. When she entered the Union, she retained the old charter granted by Charles II in 1663, and its abandonment in favor of a state constitu- tion in 1842 led to Dorr's Rebellion. The ratification of nine states was necessary to give effect to the Constitution. It went into operation on the first Wednesday in March, 1789. As this was the fourth of March, the terms of the presidents begin on that day. On account of various delays, however, Wash- ington was not inaugurated the first time until April 30, 1789. Legislative Department Congress. The legislative power of the national gov- ernment is vested in a congress which consists of two houses — the Senate and the House of Representatives. House of Representatives. The House of Repre- sentatives, or the "lower house," is composed of members elected by the people of the several states. The members are elected for two years. Any person legally qualified to vote for members of the most numerous branch of his state legislature may vote for a Representative in Congress. This implies that all states are to have more than one legislative branch, and, as Representatives to Congress are elected by the people, the members of the most numerous branch of the state legislature are to be elected in the same manner. Each state prescribes the qualifications of voters for members of its legislature. From this it follows that by moving from one state to another a man may gain or lose the right to vote for a Rep- resentative in Congress. No state has made the quali- fications of voters for a Representative to be different NATIONAL GOVERNMENT 119 from those of voters for state and local officers, so that, as a matter of fact, any legal voter in any state can vote for a Representative in Congress. Eligibility of Members. Representatives must be at least twenty-five years of age. No person can be a Rep- resentative who has not been for seven years a citizen of the United States, and who is not, when elected, an inhabitant of the state from which he is chosen. He need not live in the district represented by him, but it is seldom that the people of a district elect a man from another part of the state. In Great Britain, on the other hand, it is common for the people to elect to the House of Commons a man who lives in quite another part of the country. Mr. Gladstone resided in Wales, but for many years represented Midlothian, in Scotland. A Representative need not remain an inhabitant of the state from which he is chosen. No United States officer can be a member of the House of Representatives during his continuance in office. States cannot add further restrictions upon eligibility. By the conditions of the fourteenth amendment, adopted in 1868, no person can be a Senator or Repre- sentative who, having previously taken an oath as an officer of the United States or as a state officer to support the Constitution of the United States, shall have en- gaged in rebellion against the United States, or given aid and comfort to their enemies, unless Congress, by a vote of two-thirds of each house, remove such disability. Congress has removed this disability in nearly all cases. In case a state should be added by conquest or purchase, its inhabitants becoming citizens immediately, the requirements of seven years' citizenship in the United States would not be necessary, as each state is, by an- 120 ILLINOIS AND THE NATION other provision, entitled to at least one Representative. Each territory has one Representative. He may speak upon any question relating to his territory, but he has no vote. Congressional Apportionments. After the taking of the census every ten years, Congress determines how many members of the House of Representatives there shall be for the ensuing ten years. Under the census of 1910 the number of Representatives is 435. The number representing the population of the United States is divided by the number of Representatives. The quotient shows the number of people entitled to one Representative. The number is called the "congressional ratio." The number representing the population of each state is then divided by the congressional ratio. This quotient gives the number of Representatives to which the state is entitled. The state is then divided by its legislature into as many congressional districts as there are Representatives to be elected in that state, and each district chooses one Representative. It is evident that by dividing the number representing the population of each state by the congressional ratio, fractions will occur in nearly every case, and that the sum of the integral quotients will be less than the required number. This is remedied by giving to the states having the largest fractions one additional Representative each, until the required number are provided for. Congressmen at Large. If a state legislature fails to provide for its increased representation by redistricting the state before the next general election, the additional Representatives are chosen by the voters of the state on a general ticket and are known as congressmen-at-large. Since the Congressional Apportionment of 1910, Illinois has elected two congressmen-at-large. X.\ I 10NAL GOVERNMENT 121 Slavery. Prior to the adoption of the thirteenth amendment in 1865, the population of the state was obtained by counting all free persons, except Indians not taxed, and three-fifths of the slaves. This plan was adopted as a compromise between the delegates from the northern and southern states in the Constitutional Con- vention. At that time all the states except Massachusetts held slaves, but slavery was dying out of all the northern states. It seemed for a time that the question of slavery would ruin all chances of a constitutional union, but concessions were made on both sides. The northern states agreed to count three-fifths of the slaves in appor- tioning Representatives, and the southern states to count the slaves in the same manner in apportioning direct taxes. The northern states agreed that Congress should not interfere with the bringing of slaves from Africa for twenty years, and that runaway slaves should be delivered up to their masters; the southern, that a tax not to exceed ten dollars ($10) a head might be laid upon slaves so imported. Both compromises proved to be in favor of the southern states. The Constitution proper does not mention slaves directly. They are spoken of as "three-fifths of all other persons," and as "such persons as any of the states now existing shall think proper to admit." From the adoption of the fourteenth amendment in 1868, to that of the fifteenth in 1870, negroes were counted in apportioning Representatives to the southern states, if those states allowed male negroes who were twenty-one years of age, or over, to vote. If only white men voted, only white persons were counted. Vacancies. When a vacancy happens in the repre- sentation of any state, from the death, resignation, or expulsion from office of any member, or by his accept- 122 ILLINOIS AND THE NATION ance of an incompatible office, the Governor calls an election to fill such vacancy. Officers. The House of Representatives elects its speaker and other officers. The former is considered by many to rank next to the President in real political power. Upon his attitude, friendly or otherwise, toward pending measures the work of the House largely depends. He may vote on all questions, and is required to do so whenever his vote will decide the pending question, or when the vote is by ballot. Upon two occasions the Lower House has spent two months or more in electing a speaker. Besides the speaker, the House has a clerk, sergeant at arms, doorkeeper, postmaster, and chaplain. Aside from his other duties, the clerk, who is usually an ex-member of Congress, calls the House to order at the beginning of the next Congress, and presides until a speaker is elected. The duties of the other officers may be inferred from their titles. Impeachment. The House of Representatives has the sole power of impeachment. When charges of treason, bribery or other high crimes or misdemeanors are brought against an officer of the United States, a committee of the House is appointed to investigate them. If the committee reports in favor of his impeachment, the different charges, having been reduced to writing, are discussed and voted upon separately. If the House, by a majority vote, decides upon impeachment, the charges, or articles of impeach- ment, are sent to the Senate, and a committee is appointed to prosecute the impeachment before that body. The trial of impeachment will be discussed later. Bills for Revenue. All bills for raising revenue must NATIONAL GOVERNMEN I 123 originate in the House of Representatives. The Senate, however, may propose or concur with amendments, as in other cases. This provision regarding bills for raising revenue was made because the members of the House were the direct representatives of the people who pay taxes, and who therefore wish to control the public purse. Senators are now direct representatives of the people, but revenue bills must still originate in the House. Senate. The Senate is composed of two Senators from each state. They are elected by the people of the several states and serve six years. They are now chosen by direct vote of the people in the respective states instead of by the state legislatures. The change is due to the adoption of the seventeenth amendment to the Constitution of the United States. The affirmative action of the Connecticut legislature on April 8, 1913, gave the amendment the approval of thirty-six states — the required three-fourths of the state legislatures of the Union. The times, places and manner of holding elections for Senators and Representatives are prescribed by the several state legislatures. But Congress may, at any time, make or alter such regulations. The seventeenth amendment provides that when vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies. However, the legislature of any state may empower its executive to make temporary appointments until the people fill the vacancies by election as the legislature may direct. Pursuant to this provision the legislature of Illinois has enacted that when a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until 124 ILLINOIS AND THE NATION the next election of Representatives to Congress, at which time the vacancy shall be filled by election. When the Senators assembled for the first time, they were divided as equally as possible into three classes. Those of the first class served two years ; of the second class, four years ; and of the third class, six years ; since that time one-third of the Senators have been chosen every two years. In the Constitutional Convention, the question of representation in Congress gave rise to long and bitter discussion. The larger states wanted representation in both houses to depend upon population, while the smaller states wanted equal representation of the states in both houses. They finally compromised by allowing the representation in the House to be determined by population, while equal representation was given in the Senate. Each Senator has one vote — that is, the Senators do not vote by states. Senators from the same state may, and frequently do, vote upon opposite sides of a question. Eligibility of Senators. No person can be a Senator who has not attained the age of thirty years, been nine years a citizen of the United States, and who is not, when elected, an inhabitant of the state from which he is chosen. No officer of the United States can be a Senator during his continuance in office. It is not necessary for a Senator to reside in the state during his term of office. Senators are "Congressmen" and "Members of Con- gress" just as truly as are the Representatives, although these terms are often erroneously limited to the members of the House of Representatives. Officers. The Vice-President of the United States is NATIONAL GOVERNMENT 125 president of the Senate. He has a vote only in case of a tie. The Senate chooses its other officers, who are a president pro tempore, a secretary, a chief clerk, an executive clerk, a sergeant at arms, a doorkeeper, and a chaplain. While there is an actual Vice-President, the president pro tempore is chosen to preside temporarily in the absence of the former. But when the office of Vice- President becomes vacant, the president pro tempore is chosen permanently and receives the same salary as was paid to the Vice-President. Trials of Impeachments. The Senate has the sole power to try all impeachments. When sitting for this purpose, the Senators are on oath or affirmation. When the President of the United States is tried, the Chief Justice presides, as the Vice-President is interested in the result. Judgment in cases of impeachment can extend only to removal from office and disqualification to hold any office of honor, trust or profit under the United States. A two-thirds vote of the members present is necessary to conviction, and removal from office is a necessary consequence of conviction in case of impeachment. The disqualification to hold office may, or may not, be added. The person so convicted may also be tried and punished according to law. The President has no power to grant pardon in cases of impeachment. It will be seen that in matters of impeachment the part taken by the House of Representatives is, at first, similar to that taken by a grand jury, the articles of impeachment being of the nature of an indictment. After the impeachment reaches the Senate, the House, through five of its members, called managers, conducts the prose- cution in much the same manner as a criminal case is 126 ILLINOIS AND THE NATION conducted by a prosecuting attorney. Throughout the trial the Senate sits with open doors, but after the evi- dence and arguments are in, the doors are closed and the Senate deliberates in secret session in much the same manner as an ordinary jury. Meetings of Congress. Congress meets each year on the first Monday in December. It may by law appoint a different day, but at least one meeting must be held each year. It should be noted that all the members of the lower house are elected every two years, the election occurring in the month of November. The members elect do not take their seats, however, in regular session until the first Monday in December of the following year. This is one of the most serious defects in what may be called the machinery of our national government. The terms of the members elect begin on the fourth day of March next following the election, but in the absence of an extra session called by the President, the Congress of which they are members does not convene until December. Extra sessions of Congress, or of either house, may be called by the President upon extraordinary occasions. Membership. Each house is the judge of the elec- tions returns, and qualifications of its own members. Each house has a committee on elections, to whom all contested cases are referred, the house itself acting upon the report of the committee when it is rendered. The decision of the house is final. Quorum. A majority of either house constitutes a quorum to do business. A smaller number may adjourn from day to day, and are authorized to compel the attendance of absent members. In England 40 members of the House of Commons constitute a quorum, though there are 670 members in all. NATIONAL GOVERNMENT 127 Rules. Each house determines the rules of its pro- ceedings, has power to punish its members for disorderly conduct, and, by a concurrence of two-thirds, may expel a member. Journals. Each house keeps a journal of its pro- ceedings. These journals are published from time to time, except such parts as, in the judgment of the respective houses, require secrecy. Yeas and Nays. In either house, at the request of one-fifth of those present, the yeas and nays upon any question are entered on the journal. The opponents of a pending measure sometimes attempt to defeat or at least to delay it beyond the session by making dilatory or trivial motions, such as motions to adjourn, and then calling for the yeas and nays upon all such motions. This practice is called "filibustering." Adjournments. During the session of Congress, neither house can, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses are sitting. In case of disagreement between the two houses as to the time of adjournment, the President may adjourn them to such time as he may think proper. Salary of Members. The compensation of members of Congress is fixed by law, and is paid out of the Treas- ury of the United States. Senators and Representatives receive $7,500 per annum. The speaker of the House, and the president pro tempore of the Senate receive $12,000 per annum. Members of the English Parliament receive no salary whatever. Privileges of Members. In all cases except treason, felony, and breach of the peace, members of Congress are privileged from arrest during their attendance at the 128 ILLINOIS AND THE NATION sessions of their respective houses, and in going to and returning from them. They cannot be questioned in any other place for any speech or debate made in either house. Disabilities of Members. No Senator, or Represent- ative can, during the time for which he is elected, be appointed to any civil office of the United States which may be created, or the emoluments of which may be increased, during such time. This provision prevents the President from rewarding members who support measures in which he is interested by appointing them to offices created or made more lucrative during their terms of service. The intention is to keep the executive and legislative departments as distinct as possible. Oath of Members. Senators and Representatives, the members of the several state legislatures, and all executive and judicial officers of the United States and of the several states are bound by oath, or affirmation, to support the Constitution of the United States. No religious test can be required as a qualification to any office or public trust under the United States. Powers and Duties of Congress. The powers and duties of Congress are defined by the Constitution. Nevertheless there has always been great diversity of opinion as to what the powers of Congress really are in several important particulars. The members of the con- vention which framed the Constitution differed widely as to the powers that should be given Congress. Some were in favor of giving it very great power, while others were in favor of limiting its power to the minimum. Since the adoption of the Constitution, statesmen have divided upon the same lines, and the contest has been transferred from the making to the interpretation of that instru- ment. Those who favor an interpretation which tends to limit the powers of Congress are called "strict con- NATIONAL GOVERNMENT 129 structionists," while those favoring an interpretation tending to enlarge the powers of Congress are called "loose constructionists." Taxes and Duties. Congress has power to levy and collect taxes and duties to pay the debts and provide for the common defense and general welfare of the United States ; but all such taxes and duties must be uniform throughout the United States. The Constitution contains also the words imposts and excises in this connection, but the laws of Congress use only the word duties for all indirect taxes. Indirect taxes are chiefly of two kinds: Duties upon imported goods, commonly called tariff taxes, and duties upon the production or use of certain articles of trade or instru- ments in writing, as tobacco, patent medicines, liquors, deeds, bank checks, etc., commonly called internal revenue. Many cases before the Supreme Court of the United States have involved the question of what constitute direct taxes within the meaning of the Constitution, which provides that when direct taxes are levied by the United States, they shall be apportioned among the several states in proportion to their respective population. The revenue law passed by Congress in 1894 pro- vided for a tax on all incomes over $4,000, derived from property, salary, trade, etc., not including necessary expenses, taxes, and interest. The constitutionality of this law was attacked, and the Supreme Court held it unconstitutional and void on the ground that taxes on incomes are direct taxes and so must be apportioned among the several states according to their population. The court was divided upon this point, the final vote upon it standing five judges against and four for the validity of the law. 130 ILLINOIS AND THE NATION This decision led to the submission by Congress of an amendment to the Constitution of the United States providing that Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration. This amendment was duly ratified by the legislatures of three- fourths of the states, and became a part of the national Constitution in 1913. It is known as the sixteenth amendment. Pursuant to this amendment Congress has enacted an income tax law in connection with revised tariff legisla- tion, providing for a graduated tax on all incomes over $4,000— ($3,000 for unmarried persons). Capitation taxes are taxes laid upon persons at so much a head, without regard to property. Direct taxes have been levied by Congress only five times — the last in 1861. Incomes were taxed in support of the Union cause during the Rebellion, and such taxes were then treated as indirect taxes by the Supreme Court. It must be remembered that the terms direct taxes and indirect taxes do not mean the same in the Constitution as in the discussion of questions in political economy. In the latter case, by direct taxes is meant those which will stay where they are put, that is, which cannot be added by the payer to the price of goods, or otherwise shifted so that they are ultimately paid by some one else ; while by indirect taxes is meant those which can be so shifted. The ordinary taxes levied by the state and local authorities are direct taxes within the meaning of the Constitution as defined by the Supreme Court, but many of them may be shifted, and so are indirect within the meaning of political economy. Thus, the tax paid by a manufacturer upon the materials, machinery, buildings, NATIONAL GOVERNMENT Itfl etc., used by him in his business are counted as a part of the cost of production, and are included in the price for which the manufactured articles are sold. The same principle applies to merchants; the taxes which they pay as merchants upon their stocks are covered by the prices at which they sell their goods. It has been the policy of the national government to raise its revenues, as a rule, by means of taxes which are indirect in every sense of the word — that is, indirect both in form and in fact. They are levied with the expectation that the person who pays them will reimburse himself in some way, and that they will ultimately fall upon some one else who will, as it were, pay them without knowing it. It is upon the subject of levying indirect tariff taxes upon imports that the doctrines of "protec- tion" and of "tariff for revenue only" arise. Taxes for state, county, and other purposes paid by citizens of Illinois to the local tax collector are all direct in form, although, as we have seen, many of them are not so in fact. Taxes may be collected to pay the public debt, and "to provide for the common defense and to promote the general welfare of the United States." The meaning and scope of this expression has been much discussed by statesmen, and has been a fruitful source of contention be- tween the "strict constructionists" and their opponents. Borrowing Money. Congress may borrow money upon the credit of the United States. This may be done directly or indirectly. When money is borrowed directly upon the credit of the United States, interest-bearing bonds are generally issued by the government. At various times before the Civil War, Congress issued treasury notes and paid them to such of its cred- itors as were willing to take them. These notes were 132 ILLINOIS AXD THE NATTON what are spoken of in the Constitution as "bills of credit," and were promises to pay money on demand or at some future time. Some of them bore interest. None of these notes issued prior to 1862 were made legal tender, and persons were not compelled to accept them even from the government. Greenbacks. During the Civil War, Congress author- ized various issues of treasury notes which were declared to be lawful money and legal tender in payment of all debts, public and private, except duties on imports and interest on the public debt. Interest on the public debt was paid in coin and this could only be done by requiring tariff taxes to be paid in gold and silver, since the gov- ernment could get gold and silver in no other way. The people were compelled to take these legal tender notes, commonly called "greenbacks," in payment of debts due from the government, and thus were indirectly forced to loan the government the amount of these issues of- greenbacks, or $450,000,000. When the government stopped paying out gold and silver and issued in its stead legal tender notes, it was said that it had "suspended specie payments." The amount of greenbacks was afterward reduced to $346,- 681,016, and in 1879 the government again began to pay all its debts in gold and silver, or, as it was said, "resumed specie payments." Commerce. Congress has power to regulate com- merce with foreign nations, among the several states, and with the Indian tribes. Under the Confederation, each state regulated the commerce of its people, not only among themselves, but with other states and foreign nations. This led to serious difficulties and greatly hindered trade, on account of the lack of uniformity in the regulations of the different NATIONAL GOVERNMENT 133 states, and of the constant change to which they were subject. In pursuance of the power to regulate commerce with foreign nations, Congress passed the Embargo Act of 1807. At this time the United States was involved in difficulties with England and France. The embargo was laid on all foreign vessels bound to a foreign port, from any port within the jurisdiction of the United States, thus compelling all such vessels to lay where they were until the embargo should be raised. This action was taken upon the assumption that American trade was so val- uable and necessary to those countries that, rather than do without it, they would make terms with our govern- ment. The act failed of its purpose, however, and was repealed in 1809. It was followed by a non-importation act which forbade commercial intercourse with England and France. The Interstate Commerce Law was passed by virtue of power to regulate commerce among the states. This law was designed, among other things, to prevent unfair discriminations in the transportation facilities offered to persons and places; to prevent the giving of passes to persons supposed to possess influence valuable to rail- roads; to prevent unfair discrimination in passenger fares as between different places, and in freight charges, either in the form of special rates or in the form of rebates; and to require all charges to be open and public. Interstate Commerce Commission. To enforce this law Congress created the Interstate Commerce Com- mission, consisting of three members, appointed by the President and the Senate. The members receive salaries of $7,500 each. Anti-trust Law. In 1890 an act was passed by Con- 134 ILLINOIS AND THE NATION gress for the purpose of protecting trade and commerce against unlawful restraints and monopolies. This is known as the "Anti-trust Law." Like the Interstate Com- merce Act, it does not apply to commerce carried on exclusively within a state, but it declares every contract, combination in the form of trust or otherwise, or con- spiracy, in restraint of trade or commerce among the several states or with foreign nations to be illegal. The circuit courts of the United States are given jurisdiction over such cases. Naturalization. Congress has power to establish a uniform rule of naturalization. An alien must first make before the clerk of the circuit (or superior) court a sworn declaration of intention to become a citizen. Not less than two nor more than seven years thereafter he must sign, in his own handwriting, his final petition for naturalization. Ninety days after this he must appear in court. He must state, on oath, that he is not a disbeliever in or opposed to organized government, nor connected with any organization teach- ing disbelief in or opposition to such government, that he is neither a polygamist nor a believer in polygamy, and that he intends to reside permanently in the United States. He must renounce all allegiance to any foreign prince or state, and swear that he will support the Con- stitution and laws of the United States. Finally, he must prove by two witnesses that he has resided five years within the United States and one year in the given state or territory, and behaved as a man of good moral character. No person can be naturalized who can not speak the English language, if physically able. When a man's naturalization is completed, his wife and his children under twenty-one years of age also be- come citizens. If a man die after having made his dec- NATIONAL GOVERNMENT 135 laration and before he secures his "final papers," his widow and his minor children can become citizens upon taking the necessary oaths. The children of citizens of the United States are con- sidered citizens, though born abroad. Bankruptcy. Congress has power to make uniform laws on the subject of bankruptcy throughout the United States. When a person is unable to pay his debts, he is said to be insolvent. Upon his own petition, or that of one or more of his creditors, he may go through proceedings of bankruptcy, by which he may be declared by the proper officer to be a bankrupt. He is then no longer liable for past debts, but may again accumulate and hold property in his own name. Coining Money. Congress has power to coin money, and to regulate its value and that of foreign coin. The metals used in coining money in the United States are gold, silver, copper, and nickel. The coining is done by putting these metals into proper form and size, and giving to them the stamp of the government. This is done at the mints and branch mints of the gov- ernment. The letters upon coins, as "S," "D," and *'P" show at what mints the coins were struck — San Fran- cisco, Denver, or Philadelphia. To regulate the value of United States money is sim- ply to determine the ratio of one metal to another, with reference to their weight in coins of equal value. Thus the ratio of silver and gold is now sixteen to one, that is, the silver dollar weighs substantially sixteen times as much as a gold dollar. The value of foreign coins is regulated by Congress when it fixes the rate at which such coins will be received at the national treasury. This rate is governed by their 136 ILLINOIS AND THE NATION bullion value, that is, their value as gold or silver irre- spective of their form and stamp as money. Foreign coins are not legal tender in the United States. Weights and Measures. Congress has power to fix the standards of weights and measures. Some of the weights and measures in common use have been determined by Congress ; the others rest upon use and tradition. All were adopted from England. The national government and that of each state has a com- plete set of weights and measures that have been adopted as standards. The metric system of weights and measures has been authorized by Congress, but is little used in this country except for scientific purposes. Counterfeiting. Congress has power to provide for the punishment of counterfeiting the securities and cur- rent coin of the United States. The penalty for counterfeiting gold and silver coins is fixed at a fine not exceeding $5,000 and by imprison- ment not exceeding ten years. For counterfeiting copper and nickel coins the penalty is a fine not exceeding $1,000 and imprisonment not exceeding three years. The coun- terfeiting of the securities of the United States, including all bonds, coupons, national bank notes, greenbacks, etc., is punished by a fine not exceeding $5,000 and by impris- onment at hard labor not exceeding fifteen years. Post Offices and Post Roads. Congress has power to establish post offices and post roads. By virtue of this power, the Post Office Department was established by Congress. It is under the charge of the Postmaster-General. All postmasters whose com- pensation is less than $1,000 a year are under the rules of the civil service. All other postmasters are appointed by the President and confirmed by the Senate. The com- NATIONAL GOVERNMENT 137 pensation of the former class is derived from the renting of boxes and a percentage on the sale of stamps, etc. Postmasters of the latter class receive salaries. Copyrights and Patents. Congress has power to pro- mote the progress of science and the useful arts by secur- ing, for limited times, to authors and inventors, the exclu- sive right to their respective writings and discoveries. The exclusive rights of authors are secured by copy- rights; of inventors, by patents. The former, issued by the Librarian of Congress, are valid for twenty-eight years ; the latter, issued by the Commissioner of Patents, are valid for seventeen years. Inferior Courts. Congress may constitute tribunals inferior to the Supreme Court. These will be discussed under the judicial department. Piracy. Congress has power to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations. Robbery at sea is termed piracy. The expression high seas is a general term for the ocean, including coast waters beyond low-water mark. The law of nations consists of a body of rules, founded upon justice, and recognized as governing the conduct and relations of independent coun- tries with one another. Power to Declare War. Congress has power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. In 1812 Congress passed an act declaring war against Great Britain. This is the only case in which war has been declared directly by Congress. In 1846 it passed an act which recited in its preamble that, by the act of the Republic of Mexico, a state of war existed between that government and the United States. A similar action was taken in 1898 regarding our war with Spain. 138 ILLINOIS AND THE NATION A rebellion, or civil war, is not a war in the sense in which the word is used in the Constitution and in inter- national law. War, in this wide sense, can exist only between nations. Therefore there was no declaration of war against the South in the case of the Rebellion. Letters of marque and reprisal authorize a private person to cross the boundary into the enemy's country, and to seize the persons or property of its subjects. When these letters are granted to the commander of a private vessel, the vessel becomes a privateer, and her crew may commit acts which before would have been piracy. United States Army. Congress has power to raise and support armies, but no appropriation of money for this purpose can be for a longer term than two years. All of the Representatives and one-third of the Sen- ators are chosen every two years. The people who elect them can virtually control the army through the appro- priation for its support. The men who framed the Constitution looked upon a large standing army as a menace to a free people, and so took this step to prevent the President or Congress, or both, from maintaining a large army in time of peace, or from carrying on a foreign war against the will of the people. This is the only matter in which the power of Congress is curtailed in this manner. The policy of the national government has always been in harmony with this provision. At the close of the Civil War the great army of the Union was at once disbanded, and the sol- diers returned to the pursuits of peace with a promptness which astonished the governments of Europe. United States Navy. Congress has power to provide and maintain a navy. Although our navy has always been relatively small, NATIONAL GOVERNMENT 139 it has distinguished itself in our wars by many brilliant victories. A fair-sized navy, well equipped, seems to be ample for all our needs. The two years' restriction upon appropriations for the army does not apply to the navy. Rules for Army and Navy. Congress makes rules for the government and regulation of land and naval forces. The rules for the army and navy are enforced by courts martial. The Militia. Congress provides for the calling forth of the militia to execute the laws of the Union, suppress insurrections, and repel invasions; also, for the organ- izing, arming, and disciplining of the militia, and for governing such part of them as may be employed in the service of the United States. The appointment of officers and the authority of training the militia according to the discipline prescribed by Congress is reserved to the states respectively. The militia, or citizen soldiers, are called out only in cases of emergency. In 1794 and 1861-4 the militia were called out to suppress the Whisky Insurrection and the Rebellion, respectively. In 1812, they were called out to repel the invasion of the British. While in active service of the United States, the militia are paid the same as the regular soldiers and are subject to the same discipline. In the war with Spain the militia, as such, were not called into service. But many organizations of militia entered the United States service, in a body, as volunteers. District of Columbia. Congress exercises exclusive jurisdiction over the District of Columbia, and over all places purchased by the consent of the several states for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings. The District of Columbia is in reality a territory of the United States, although it is not governed in the same manner as the other territories. 140 ILLINOIS AND THE NATION The District is now governed by a board of three com- missioners, two of whom are appointed by the President and Senate and serve three years ; the third is one of the engineers of the army detailed to this duty by the Presi- dent. There are no elections of any kind by the people of the District, they being wholly without political rights. The expenses of local government are paid one-half by Congress and one-half by the property owners of the District, which comprises about seventy square miles, all lying upon the Maryland side of the Potomac. The District was originally ten miles square and lay in both Maryland and Virginia, but in 1846 the part on the right bank of the Potomac was deemed of no advantage to the national government, and was ceded back to Virginia. Electors. Congress determines the time of choosing electors for President and Vice-President, and the day on which the electors give their votes, which day, however, must be the same throughout the United States. Other Powers. Congress also has power : 1. To declare the punishment of treason. 2. To dispose of, and make all needful rules respecting the territory or other property of the United States. 3. To propose amendments to the Constitution. 4. To admit new states into the Union. 5. To regulate the appellate jurisdiction of the Su- preme Court, and to determine where trial of crimes shall be held, when not committed within any state. 6. To prescribe, by general laws, the manner in which the public acts, records, and judicial proceedings of the several states shall be proved, and what shall be their effect. Under this power Congress has provided the manner in which acts of state legislatures, the records and judi- cial proceeding of state courts, and all records which may NATIONAL GOVERNMENT 141 be kept in any public office of any state, not appertaining to a court, may be proved or admitted in any court or office in any other state. When so proved, or "authenti- cated," such records have the same faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the state from which they are taken. This applies to territories of the United States, and to other countries, as well as to the several states. 7. To revise and control any state laws respecting the laying of duties on imports and exports. 8. To declare what officer shall act as President in case of the removal, death, resignation, or inability of both President and Vice-President. 9. To vest the appointment of such inferior officers as it may think proper in the President alone, in the courts of law, or in the heads of departments. The more important of these powers are discussed elsewhere. Execution of Powers. Congress has power to make all laws which may be necessary for carrying into execu- tion the powers granted to it by the Constitution, and all other powers vested by it in the government of the United States, or in any department or officer of the government. Since the formation of the national government, statesmen of the strict-constructionist type have con- tended that this provision should be confined to those powers which have been expressly given to Congress by the Constitution, basing their argument upon the tenth amendment, which provides that the powers not dele- gated to the United States by the Constitution, nor pro- hibited by it to the states, are reserved to the states respectively or to the people. Other statesmen have con- 142 ILLINOIS AND THE NATION tended that many powers are necessarily implied which Congress must assume in order to carry out the intent of the Constitution as expressed in its preamble — "to provide for the common defense" and "to promote the general welfare." Struggles have taken place in Congress upon this issue in connection with the chartering of the United States Bank (1791 to 1832) ; the appropriation of money by Congress for the building of the Cumberland Road to connect the Mississippi valley with the Atlantic seaboard; the levying of tariff duties for the purpose of "protection" and not "for revenue only ;" the annexation of Louisiana and other foreign territory; and various other questions of less importance. Limitations of Power. Certain limitations of the power of Congress are contained in the Constitution and its amendments. The following are the most important ones : The Slave Trade. The Constitution provides that "the migration or importation of such persons as any of the states now existing shall think proper to admit" shall not be prohibited by Congress prior to 1808, but that a tax not exceeding ten dollars for each person may be imposed on such importation. This provision refers to the importation of slaves. The tax authorized was never imposed, but importation was prohibited after January 1, 1808, and in 1820 Congress declared the slave trade to be piracy. Habeas Corpus. The privilege of the writ of habeas corpus cannot be suspended, except when, in cases of rebellion or invasion, the public safety may require it. A writ of habeas corpus has for its object the pre- vention of false or unjust imprisonment. By it the pris- oner accused of crime is brought into court, and the cause of his imprisonment is investigated. The writ is NATIONAL GOVERN MEN I 143 also sometimes used to liberate persons confined in hos- pitals for the insane, or other places than prisons, and to obtain possession of children who are in the custody of persons not legally entitled to such custody. This writ, like all others used at law, was formerly written in Latin and takes its name from the words habeas corpus, which were contained in the old writ, and which mean "you may have the body." The writ of habeas corpus was suspended throughout the United States in case of deserters and other military offenders by authority of Congress in 1863. Prior to this, it had been suspended by the President in different por- tions of the country. Ex Post Facto Laws. No bill of attainder or ex post facto law can be passed. A bill of attainder inflicts death or other punishment, without a judicial trial, and, in countries where it is allowed, is usually passed without giving the accused an opportunity of defending himself. An ex post facto law is one which makes an act a crime which was not so when the act was committed, or which inflicts a punishment greater than that imposed when the crime was committed. The expression applies only to criminal laws. Direct Taxes. Capitation or other direct taxes can only be levied by Congress in proportion to population as shown by the census. This has been discussed under the head of "Powers of Congress." Duty on Exports. No duty can be laid on articles exported from any state. If an export duty were laid the effect would be to increase the selling price of ex- ported goods by a like amount, and thus make it more difficult for our people to compete with other traders in foreign markets. 144 ILLINOIS AND THE NATION Coasting Trade. No preference can be given, by any regulation of commerce or revenue, to the ports of one state over those of another; nor can vessels bound to or from one state be obliged to enter, clear, or pay duties in another. Expenditures. No money can be drawn from the Treasury, except in consequence of appropriations made by law. A regular account of receipts and expenditures of all public money must be published from time to time. The Secretary of the Treasury reports annually to Con- gress, giving a full account of receipts and expenditures. This provision of the Constitution is really a restriction upon the expenditure of money by the executive depart- ment, and gives Congress full control of the expenditures as well as of the raising of all revenues. Titles of Nobility. No title of nobility can be granted by the United States, nor can any person holding any office of profit or trust under them, without the consent of Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. Titles of nobility are out of harmony with a republican form of government. Even those framers of the Constitution who most strongly favored the na- tional government, as against the rights reserved to the states, were opposed to any aristocratic distinctions in connection with the government or among the people. In former times gifts which were of the nature either of bribes or of tribute passed between rulers and states. Such practices could not be tolerated by this country, and the Constitution wisely put a restraint upon all gifts from foreign rulers or powers. Civil Rights. Congress can not pass laws abridging the freedom of speech or of the press. The right of the people to assemble peaceably, to petition the government NATIONAL GOVERNMENT 145 for a redress of grievances, or to carry arms can not be infringed. These provisions are found among the first amend- ments to the Constitution, adopted in 1791. The demand for them by the people as a part of the supreme law of the land grew out of their experience and that of their forefathers with the English government. It must be remembered that freedom of speech and of the press means simply the right to discuss all matters of public interest freely and fully ; it does not involve a license to say anything, anywhere, and at any time, regardless of the truth or falsity of the thing said, or of the intent or purpose of its utterance. The constitutional right of the people to bear arms does not give a citizen a license to habitually carry a revolver or other deadly weapon. This provision refers to the right of the people of the several states to organize and equip themselves as militia, so as not to be dependent upon the regular army of the nation for the protection of their own affairs. Religious Freedom. Congress can make no law re- specting the establishment or prohibition of the free exercise of religion, nor can it require any religious test of any person as a qualification for the holding of any office. Executive Department President. The executive power is vested in the President of the United States of America. He is elected for four years. It was the purpose of the convention which framed the Constitution to make the executive as independent of the other departments as possible. And yet caution 146 ILLINOIS AND THE NATION was observed lest the executive, being free from restraint, might become autocratic and tyrannical. Some were in favor of making the executive consist of two or three persons elected from different parts of the Union, but a large majority wisely favored a single executive. How Chosen. The President is chosen by electors, who are chosen by the several states on the Tuesday next after the first Monday in November of every fourth year. Each state is entitled to as many electors as it has Representatives and Senators in Congress, and they are chosen in such manner as the state legislature may direct. No Senator or Representative, or person holding an office of trust or profit under the United States can be appointed an elector. In Illinois the electors are chosen by the people of the state, voting by general ticket. In this way, each voter casts his ballot for the number of electors to which the state is entitled. These electors are put in nomination by the several political parties at their state or district conventions. The electors of the several states meet at their re- spective state capitols on the second Monday in January, and vote separately for President and Vice-President, both of whom cannot be from the same state as the electors. They then make separate lists of all persons voted for as President and Vice-President, showing the number of votes for each. The lists are signed, certified, and sent sealed to Washington, directed to the President of the Senate. On the second Wednesday in February, these lists are opened by the President of the Senate, in the presence of both houses of Congress, and the votes are counted. The person having the highest number of votes for President is declared President, and the person having the highest number of votes for Vice-President is NATIONAL GOVERNMENT 147 declared to be elected Vice-President, provided that, in each case, the highest number of votes received is a majority of all the electors appointed. In case the high- est number of votes for President is less than the required majority, the House of Representatives at once chooses, by ballot, a President from the persons (not exceeding three of those voted for as President) having the highest numbers. In choosing the President, the votes are taken by states, each state having one vote. A quorum for this purpose consists of one or more mem- bers from two-thirds of the states, and a majority of all the states is necessary to a choice. If no person has the required majority of electoral votes for Vice-President, the Senate chooses, from the two highest numbers on the list, a Vice-President. A quorum for this purpose con- sists of two-thirds of the whole number of Senators, and a majority of the whole number is necessary to a choice. No person constitutionally ineligible to the office of President, is eligible to the office of Vice-President of the United States. If the House of Representatives should fail to choose a President, whenever the right of choice falls upon it, before the fourth day of March next following, the Vice- President would act as President, as in case of the death or other constitutional disability of the President. Electoral Count Bill. The Constitution makes no pro- vision for cases in which there are two certificates of electoral votes from the same state. In 1876 there were 369 electors and 185 were neces- sary to elect a President. Tilden and Hendricks received 184 votes, Hayes and Wheeler 164 votes, and four states —South Carolina, Florida, Louisiana, and Oregon— hav- ing a total of 21 votes, returned two certificates each. It then became necessary to decide not only which were 148 ILLINOIS AND THE NATION the legal returns from those states, but also who should determine which were legal. The matter created much discussion, which was car- ried on amidst great excitement. After much delay and debate, Congress referred all the cases to an Electoral Commission, consisting of fifteen members — five Sen- ators, live Representatives and five Justices of the Su- preme Court. The cases were all decided by a vote of eight to seven in favor of Hayes and Wheeler, who were declared elected by an electoral vote of 185 to 184. In 1887, Congress passed what is known as the Electoral Count Bill. The following are its leading provisions : Each state may provide by law for the final deter- mination, by judicial or other proceedings, of all cases of contest concerning the appointment of its electors. And if such provision be made by law prior to the day for appointing electors, and if all contests have been determined according to such law, at least six days before the time fixed for the meeting of the electors to cast their votes, such determination shall be. conclusive, and shall govern the counting of the electoral votes so far as that state is concerned. In case only one return is made by any state,- no electoral votes which have been regularly given by electors whose appointments have been lawfully certified by the Governor can be rejected. But the two houses concurrently may reject the votes when they agree that they have not been regularly given by electors whose appointment has been legally certified. In case more than one return is made by any state, only those votes shall be counted which have been regu- larly given by electors who are shown by the determina- tion of the state tribunal to be duly appointed. NATIONAL GOVERNMENT 14!) In case two or more returns from the same state claim to be thus determined by lawful tribunals, only the votes of those electors shall be counted whose title as electors the two houses, acting separately, shall deter- mine to be supported by the decision of the state ren- dered according to its laws. In case two or more returns are made by the same state, and no lawful determination has been made in the state, only those votes can be counted which the two houses concurrently decide are the lawful votes of legally appointed electors. But if the two houses disagree with respect to the counting of the votes, the votes of the electors whose appointment is certified by the Governor of the state are counted. The Electoral System. Whatever may be the merits or demerits of the system by which the President is chosen by electors, it is certain that it does not realize the objects sought by the framers of the Constitution. They wished to avoid the "heats and ferments" of elec- tions of President by a popular vote, and also to make the President entirely independent of the body choosing him. The supposition was that under the system adopted, the electors would be free and untrammeled when they met to cast their votes, and that each would vote for the candidate who seemed to him to be best qualified, all things considered. But such has not been the case since 1796. In order to fully understand the system which now prevails it is necessary to consider two elements which exist without any provision of con- stitution or of law, but which really control the entire matter. National Conventions. National nominating conven- tions are mere party measures, but they are governed by fixed rules which have grown up since 1832. Each party 150 ILLINOIS AND THE NATION has a regular committee which calls its convention in a prescribed manner. The convention nominates party candidates for President and Vice-President, and adopts a declaration of party principles called a "platform." The statement of the platform upon a particular subject or issue of the campaign is called a "plank." The candi- dates nominated are expected to "stand squarely upon the platform." Advisory Vote on Candidates for President. During the campaign of 1912 many states, including Illinois, passed laws providing for an advisory vote on the Presi- dent to be held under the primary election laws of the state. State Electoral Tickets. The state organization of every political party participating in the national election nominates two electors-at-large — that is, chosen from the entire state — and an elector from each congressional dis- trict. The men thus nominated make up the electoral ticket for that state, and are voted for as a portion of the party ticket at the ensuing election. . The electors of the party which is successful in any state constitute what is called the "Electoral College" of that state, and from the time of their election are gov- erned by the Constitution, and the laws of their state and of Congress as hereinbefore given. By means of this party machinery the electors are pledged in advance to vote for a particular party candi- date for President and also for Vice-President. It is difficult to see how the "heat and ferment" of our na- tional campaigns could be much greater under any other system of choosing a President. Eligibility. The President must be a natural born citizen of the United States and at least thirty-five years cf age. The same is true of the Vice-President. NATIONAL GOVERNMENT 151 Residence abroad on official duty, as that of an ambas- sador or minister, is not a disqualification. Presidential Succession. In case of the removal of the President from office, or of his death, resignation, or inability to perform the duties of office, the Vice-Presi- dent, if there be one, takes the oath of office, and becomes President. If there should be no Vice-President, the duties of the President devolve upon the Secretary of State, and in case of his death, resignation, or removal from office, upon the Secretary of the Treasury, and so on through the cabinet officers, the succession being in the order in which the offices were established by Con- gress ; viz., Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretary of the Interior. The law concerning the presidential succession applies only to such cabinet officers as have been appointed with the consent of the United States Senate, and such as are eligible to the office of President under the Constitution. Prior to 1886, the order of succession after the Vice- President was president pro tempore of the Senate, and speaker of the House of Representatives. But it some- times happens that these offices are both vacant at the same time, on account of the fact that one Congress ends on the fourth of March, and the next does not regu- larly meet and elect officers until the first Monday in the following December. On this account, chiefly, Congress changed the presidential succession to the members of the cabinet in the order indicated. By this arrangement, the successor to the presidency is sure to be of the same political party as his predecessor. When the office of President becomes vacant the Vice-President takes the oath of office and becomes President. But when a vacancy occurs in the office of 152 ILLINOIS AND THE NATION Vice-President, it continues until the next presidential election. Oath. Before entering upon the duties of his office, the President solemnly swears (or affirms) that he will faithfully execute the office of President of the United States, and will, to the best of his ability, preserve, pro- tect, and defend the Constitution of the United States. The Constitution and laws merely fix the date and prescribe the oath to be taken in connection with the President's inauguration. It is customary for the Presi- dent to deliver an inaugural address before taking the oath of office, and for the Chief Justice to administer the oath ; but the address is not required of the President, and any magistrate who has power to administer oaths could lawfully act upon this occasion. Commander-in-Chief. The President is Commander- in-Chief of the army and navy of the United States, and of the militia of the several states when they are called into the actual service of the United States. The Presi- dent has never taken command of the army or navy in person, but has delegated his authority to officers whom he chose for that purpose. Although great authority is given the President in making him Commander-in-Chief of the army and navy, yet so many safeguards were provided in the Constitu- tion as a whole, that the President, were he so disposed, could not long use the military power of the country against the liberties of the people without the consent of Congress. Reprieves and Pardons. The President has power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. The Supreme Court has held that the President may commute a sentence of death to imprisonment for life. NATIONAL GOVERNMENT 153 In cases of impeachment it was considered that the power to pardon would be liable to abuse, and for this reason a judgment in impeachment proceedings cannot be changed or set aside by any pardoning power. But the giving of a pardoning power to the executive in all other cases of offenses against the government is a wise and humane provision of the Constitution. Treaties. The President has power, with the consent of the Senate, to make treaties. A treaty is an agreement between two or more sovereign nations. When a treaty is made, the President acts through the Secretary of State, or an ambassador appointed for the purpose. This officer agrees with the representative of the other nation upon the terms of the treaty, and after it has been signed by them, it is submitted for the ratification of the respective governments. Accordingly, the President presents the treaty to the Senate for its ratification. While discussing a treaty, the Senate sits with closed doors. This is called "going into executive session." If two-thirds of the Senate present concur in the ratification of the treaty, and it is ratified by the other nation, the President, by proclamation, makes the treaty public, and it becomes a part of the supreme law of the land. In the case of the war with Spain, the representatives of the two nations -first signed a "protocol," or prelim- inary agreement, according to which further negotiations were to be carried on until a final treaty should result Executive Appointments. The President nominates, and, with the consent of the Senate, appoints ambassa- dors, other public ministers, consuls, judges of the Supreme Court, and all other officers of the United States, that are not otherwise provided for. Nominations made by the President are presented to the Senate in 154 ILLINOIS AND THE NATION writing, and are acted upon by that body in "executive session." Only a majority is necessary to confirm appointments. A minister of the government is a person who repre- sents it, and manages its interests at the seat of govern- ment of some other power. A minister of the highest rank is called an ambassador. A consul resides in a foreign country, and acts as agent for his government, protecting its rights, com- merce, merchants, seamen, and its citizens while sojourn- ing in such foreign country. The Constitution says nothing in regard to removals from office. The First Congress decided, by a close vote, that the President might remove an officer without con- sulting the Senate. In 1867, however, Congress passed what is known as the "Tenure of Office Bill," which provided that the President might suspend an officer, when the Senate was not in session, reporting his action with the reasons for it to the Senate within twenty days after its assembling. If the Senate should not concur, the suspended officer was to be reinstated ; if it should concur in the removal, another person might be ap- pointed. The bill was vetoed by President Johnson but was passed over his veto by Congress. The President afterward removed Edwin M. Stanton, Secretary of War, after the Senate had refused to concur in his removal. This was the chief cause of the articles of impeachment which the House of Representatives brought against Johnson. After a trial lasting nearly three months, the Senate found the President not guilty. The Tenure of Office Bill is not now in force. While the Senate is in session, the President can now remove an officer by nominating and, with the consent of the Senate, appointing his successor. In such case the NATIONAL GOVERNMENT 155 person appointed does not receive his commission, nor the incumbent vacate his office, until the nomination of the appointee has been confirmed. If the Senate is not in session, the President can .remove an officer by ap- pointing his successor, who at once receives his commis- sion and begins the duties of the office. If, at its next session, the Senate refuses to confirm the nomination, the President nominates another person, but the removal stands in either case. When vacancies occur in the recess of Congress the procedure is the same as in the case of removals made in the recess. The Civil Service. The officers of the national gov- ernment who are appointed pursuant to law, together with persons employed to perform routine duties in the various departments, constitute what is known as the civil service. Since the Civil War much has been said about "civil service reform." The "civil service reform- ers" contend that all inferior officers and employees who perform routine duties should be appointed with sole reference to their fitness, and during good behavior. Since 1883 we have had the "civil service law," which provides that positions in the departments, custom houses, and the large postoffices shall be filled, and pro- motions in cases of vacancies shall be made under the merit system, the leading feature of which is the com- petitive examination which all candidates must undergo. In the absence of the merit system, appointments have usually been made for reasons which take but little account of personal fitness. Sometimes appointments have been made to punish political enemies, sometimes to reward political friends, sometimes to promote per- sonal ends, and usually to strengthen the party in power. In defending this practice on the part of the politicians of the State of New York, William L. Marcy, of that 156 ILLINOIS AND THE NATION state, said in the United States Senate: "They [the politicians] see nothing wrong in the rule that to the victors belong the spoils of the enemy." Since then this practice has been known as the "spoils system." The President's Message. The President must, from time to time, give to Congress information of the state of the Union, and recommend for consideration such measures as he may deem necessary and expedient. It has become the custom for the President to send a message to Congress at the beginning of each regular session. Accompanying this are the reports of the vari- ous executive departments. Special messages are sent by the President whenever he deems them expedient, or when Congress has requested information upon some subject. Presidents Washington and Adams delivered their messages in person to both houses assembled in the Senate chamber, and each house afterwards presented a formal reply. President Jefferson, however, sent his messages to Congress, and they were read to each house by its clerk. His example has been followed by all other Presidents with the exception of President Wilson, who returned to the custom of Presidents Washington and Adams in reading his messages to Congress in person. No replies are now made by Congress. President's Veto. Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives is necessary (except on a question of adjournment) must be presented to the President, and before it can take effect, must be approved by him, or, being disapproved by him, must be re-passed by two- thirds of the Senate and House of Representatives. When a bill is passed by both houses, it is sent to the President for his signature. If he wishes the bill to NATIONAL GOVERNMENT 157 become a law, he signs it, and so makes it a law. But if he does not wish it to become a law, he does not sign it, but sends it back to the house in which it originated. He sends with it his objections, which are written in the journal of this house, and the bill is again taken up. This time, in order to pass, it must receive the favorable vote of two-thirds of this house. If it receives this vote, it is sent, together with the objections of the President, to the other house. A vote of two-thirds of this house makes it a law without the signature of the President. In all such cases, the vote of each house must be by yeas and nays, and be entered upon the journal. If the President does not return the bill within ten days (Sundays not counted) after it is sent to him, it becomes a law just as if he had signed it, unless Congress adjourns before the ten days are up, and so prevents its return. The discussion about the President's veto applies to that of the Governor of Illinois, with two exceptions. A vote of two-thirds of a quorum in each house of Congress will pass a bill over the President's veto, while in this state a vote of two-thirds of all the members elected to each house is necessary to pass a bill over the Governor's veto. After the adjournment of Congress, all bills not signed by the President before the time of adjournment fail to become laws, although the President may have no objection to them. After the adjournment of our state legislature, the Governor has ten days in which to file bills, with his objections, in the office of the Secretary of State. All bills that are not so filed become laws, whether signed by the Governor, or not. Other Powers and Duties. The President receives ambassadors and other public ministers, commissions all 158 ILLINOIS AND THE NATION officers of the United States, and takes care that the laws are faithfully executed. Executive Departments. The executive business of the United States is arranged under ten departments. Nearly all of these departments are subdivided into bureaus. The Constitution does not prescribe the num- ber, names, nor functions of these departments. Heads of Departments. The heads of the depart- ments are appointed by the President, and confirmed by the Senate. The President may require their written opinions on any subject relating to the duties of their respective offices. The salary of each is $12,000 a year. Department of State. The Department of State, at the head of which is the Secretary of State, has charge of our relations with foreign countries, and of the public archives. The Secretary of State countersigns all proclamations issued by the President. He is keeper of the great seal of the United States, and affixes the seal to all commis- sions given by the President. He has charge of the correspondence with foreign ministers, and presents such ministers to the President. He has various other impor- tant duties. The Department of State ranks first in point of dig- nity, and the Secretary of State is the head of the President's cabinet. His office is usually regarded as next in importance to that of the President. The Department of State has three bureaus. The Diplomatic Bureau. This bureau embraces all matters pertaining to our diplomatic relations with for- eign powers. The diplomatic service is carried on by the Secretary of State through our ministers, who are of four different ranks, as follows: NATIONAL GOVERNMENT 159 Ambassadors. Ambassadors extraordinary and pleni- potentiary are ministers of the highest rank. We send them to ten countries — namely, Great Britain, Germany, France, Japan, Russia, Mexico, Brazil, Austria-Hungary, Italy, and Turkey. Ambassadors receive $17,500 a year. Envoys Extraordinary and Ministers Plenipotentiary. We send envoys extraordinary and ministers plenipo- tentiary to about thirty governments. The envoys to Argentine Republic, China, Spain, Cuba, Belgium, Chile, Luxemburg, and Netherlands receive $12,000 a year. Those to the following countries receive $10,000 a year, namely, Bolivia, Bulgaria, Colombia, Costa Rica, Denmark, Dominican Republic, Ecuador, Greece, Gua- temala, Haiti, Honduras, Montenegro, Morocco, Nicara- gua, Norway, Panama, Paraguay, Persia, Peru, Portugal, Roumania, Servia, Siam, Sweden, Switzerland, Uruguay, and Venezuela. Ministers Resident. Nearly all ministers resident have been raised to the rank of envoys extraordinary and ministers plenipotentiary. Those not so raised in rank have usually been given the additional title and duties of consul general and receive from $4,000 to $7,500 a year. These officers are sent to some of the smaller countries. Secretaries of Embassy and Legation. These officers are clerks to the foreign embassies and legations. A secretary of embassy is sent to every government to which an ambassador is accredited. A secretary of lega- tion is usually sent to every government to which we send an envoy. The Consular Bureau. This bureau has charge of all matters pertaining to our consular service. Consuls. Consuls are not diplomatic, but rather com- mercial agents of our government. Their principal duty is to watch over the interests of our commerce in the 160 ILLINOIS AND THE NATION foreign ports to which they are sent, and to protect the rights of seamen. They also take possession of the personal property of American citizens who die abroad. Consuls collect fees, but in most cases these are ac- counted for to the government, and the consuls receive salaries ranging from $1,000 to $6,000 a year. Those who receive salaries cannot transact any business for themselves. The Domestic Bureau. This bureau has charge of all matters of state which are purely of domestic concern. Treasury Department. Since the issuing of the paper money, called greenbacks, and the establishment of the national banking system, the importance of the Treasury Department has been largely increased. It is now the most complex and extensive of all the executive departments, and is under the charge of the Secretary of the Treasury. Immediately under the Secretary of the Treasury are the following officers : The Comptroller, the Auditor, the Treasurer, the Register, and the Assist- ant Secretary. This department manages and superintends the col- lection of the public revenue, issues warrants for money to be drawn from the treasury in pursuance of appro- priations made by law, and has general charge of the management of the finances of the nation. There are two bureaus in the office of Comptroller, and six bureaus in the office of the Auditor. In addition to the officers named above, there is a Commissioner of Customs, a Commissioner of Internal Revenue, a Di- rector of Statistics, a Director of the Mint, and a Director of the Bureau of Engraving and Printing. There are two Comptrollers of the Treasury. They examine the accounts that have been passed upon by the Auditors and certify them to the Register. if) NATIONAL GOVERNMENT 161 The Register is the book-keeper of the national gov- ernment. His books show all receipts and expenditures. The Treasurer receives and keeps all moneys of the United States, and pays them out upon proper warrants. The Commissioner of Customs supervises the collec- tion of duties at the custom houses. The Comptroller of the Currency has supervision of the circulation of national banks. The Commissioner of Internal Revenue has charge of the collection of taxes upon tobacco, malt, and spirituous liquors, and sees that all stamp taxes or duties upon written instruments, patent medicines, etc., are duly paid and the stamps canceled pursuant to law. The duties of the Directors of the Mint, Bureau of Statistics, and of the Bureau of Engraving and Printing may be in- ferred from their titles. Department of War. The Secretary of War is at the head of this department. Under the President, he has charge of the affairs of the army. He has the custody of all records of the army, superintends the purchase of military supplies, directs matters of army transportation, oversees the work of the signal service and the improve- ment of rivers and harbors, and attends to the supply of arms and munitions of war. The military academy at West Point is under the supervision of the War Department. To this academy are appointed cadets, there being one from each con- gressional district, one from each territory, one from the the District of Columbia, and ten from the United States at large. By law these appointments are all made by the President, but, practically, those from the congres- sional districts are recommended by the respective Rep- resentatives in Congress to the Secretary of War, who nominates them to the President. The selection is some- 162 ILLINOIS AND THE NATION times made by competitive examination. Cadets must be between the ages of seventeen and twenty-two, and must pledge themselves to serve eight years unless sooner discharged. The entire expense of the academy is paid by the national government. Department of Justice. The Department of Justice, at the head of which is the Attorney-General, has gen- eral charge of the legal affairs of the nation. The Attorney-General prosecutes all suits in the Supreme Court in which the United States is interested, and gives his advice and written opinions upon questions of law to the President and the heads of departments, when such questions pertain to the duties of their offices. These opinions are afterward printed for reference. Post Office Department. The Post Office Department, at the head of which is the Postmaster-General, has gen- eral charge of the carrying of the United States mails. In the early days of the republic the rate of postage was not uniform throughout the United States as at present. At one time the rate upon ordinary letters was five cents to any office within thirty miles, ten cents for a greater distance, and from that up to twenty-five cents, for which sum a letter could be sent across the continent. Postage was not then paid in advance, but by the person who received the letter. Later a law was passed which provided for a postage rate of three cents upon letters for transmission to any point in the country, provided the postage was prepaid ; if not prepaid the rate was five cents. In this way the people became accustomed to the prepayment of postage, and finally this was required by law. The Postmaster-General controls more patronage than any other executive officer. Department of the Navy. The Department of the NATIONAL GOVERNMENT 163 Navy, at the head of which is the Secretary of the Navy, has charge of the navy and the naval academy at An- napolis. Cadets for the naval academy are of the same number and are appointed in the same manner as those for the military academy. The cadets must not be less than fourteen, nor more than eighteen years of age. Department of the Interior. The Department of the Interior has charge of the granting of patents and pen- sions, of the public lands, of Indian affairs, of the taking of the census, and of educational affairs. The Secretary of the Interior is at the head of this department. It is a department largely made up of offices which formerly belonged to other departments. The patent office is under the charge of the Com- missioner of Patents. The Commissioner of Pensions has charge of the pension office. The land office is under the charge of an officer styled the Commissioner of the General Land Office. Under the Secretary of the Interior there are also the Commissioner of Indian Affairs, the Superintendent of the Census, and the Bureau of Education. Department of Agriculture. The Department of Agriculture collects and preserves information concern- ing agriculture. It also collects seeds and plants, tests them, and distributes them and information concerning agriculture among farmers and other interested persons. These duties were formerly performed by the Bureau of Agriculture of the Department of the Interior. The bureau was changed to an independent department in 1889. The head of this department is the Secretary of Agriculture. Department of Commerce. This department was cre- ated in 1903 as a part of a Department of Commerce and 164 ILLINOIS AND THE NATION Labor. In 1913 the Department of Commerce became a separate department and its head is the Secretary of Commerce. The function of this department is not clearly denned by law. It is worthy of note that the Interstate Com- merce Commission, which is more closely related to domestic commerce than any other part of the national government, remains independent of the new Depart- ment of Commerce, while the consular service, which is more closely related to foreign commerce than any other bureau of the government, remains in the Department of State. The Department of Commerce has several bureaus, among which are those of corporations and of manufactures. Department of Labor. In 1913 Congress created a separate Department of Labor. It is under the charge of a Secretary of Labor, and its purpose is to foster, promote, and develop the welfare of wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employ- ment. The principal bureaus of this department are those of immigration, naturalization, and labor statistics. President's Cabinet. The heads of the several depart- ments form what is known as the President's cabinet. They advise him, when asked to do so, upon the various matters pertaining to the departments. Cabinet meet- ings are held at the request of the President, at which the more important matters of the government are dis- cussed. The President is free to carry out the recom- mendations of the cabinet, or not, as he sees fit. The cabinet, as such, has no legal existence, and per- forms no legal duties. It is not mentioned in the Consti- tution. Washington called the heads of departments together for consultation, and the practice has been kept NATIONAL GOVERNMKN I 165 up by his successors. No record is kept of the proceed- ings of the cabinet, they being merely of an advisory nature. President's Salary. The President receives for his services a compensation which can neither be increased nor diminished during the term for which he is elected, and he cannot receive within that period any other emolument from the United States, or from any state. The President receives $75,000 a year as salary, $25,000 for traveling expenses, and $50,000 for mainte- nance of the White House. The Vice-President receives $12,000 a year. Judicial Department Judicial Power. The judicial power of the United States is vested in one Supreme Court, ordained by the Constitution, and in such inferior courts as Congress may from time to time establish. The judicial power extends to: (1) All cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority. (2) All cases affecting ambassadors and other public ministers and consuls. (3) All cases of admiralty and maritime jurisdiction. (4) Controversies to which the United States is a party. (5) Controversies between two or more states. (6) Controversies between a state and the citizens of another state. (7) Controversies between citizens of different states. (8) Controversies between citizens of the same state claiming lands under grants of different states. 166 ILLINOIS AND THE NATION (9) Controversies between a state, or the citizens thereof, and foreign states, citizens or subjects. At the time of the adoption of the Constitution the states were unwilling to be sued by citizens of other states, domestic or foreign. This was contrary to the prevailing notions of the rights and dignity of a state in case of a controversy between it and a private person. It was at first claimed that the sixth and ninth clauses given above did not apply to suits brought against states, but to those brought by the states themselves. That is to say, that a state could go to law voluntarily as a plaintiff, but could not be forced into court as a defend- ant without its consent. This view, however, was de- cided by the Supreme Court of the United States to be erroneous, and it was held that a citizen could sue a state in the national courts. Thereupon Congress pro- posed, and a sufficient number of states ratified, an amendment to the Constitution — the eleventh — which provides that the judicial power must not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign states. Personal Rights. No person can be twice put in jeopardy of life or limb, or be compelled to be a witness against himself, or be deprived of life, liberty, or prop- erty, without due process of law. In all criminal trials, the person accused has the right to a speedy and public trial by an impartial jury of the state and district in which the crime has been committed. He must be informed of the nature and cause of the charge against him, and be allowed to meet the witnesses against him face to face. He must also have process to compel wit- nesses to appear in his favor, and the asssitance of coun- NATIONAL GOVERNMENT 167 sel for his defense. The Constitution further provides that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. All of these provisions were inserted in the Constitu- tion, or its amendments, in order to guard against abuses which had existed under the government of England. Formerly, in that country, men were imprisoned and put upon trial for crimes of which they had been previously acquitted. Prisoners were tortured into testifying of their own guilt when put upon trial for criminal offenses. Men were condemned to death or imprisonment without lawful trials, and their property was confiscated in arbi- trary and unlawful ways. There was a "due process of law" for all these things, but it was ignored and evaded. In this country the laws are generally observed by the people, although every person who is "lynched" is de- prived of life without due process of law. The former abuses in England, however, were participated in by the officers of the law, and not merely by mobs acting in defiance of the law and its officers. In England in former times persons accused of crime were kept impris- oned in places remote from the place of the alleged crime, and for long spaces of time without the privilege of communication with relatives, friends, or counsel. Even when brought into court they were often kept in chains, and were not allowed to testify, to be represented by counsel, or to cross-examine the witnesses produced against them. They could not compel the attendance of witnesses in their favor, or even call them to the stand if they were present, prior to 1688. Trial by Jury. The trial of all crimes, except in cases of impeachment, must be by jury. The trial must be held in the state where the crimes have been committed, or, 168 ILLINOIS AND THE NATION when not committed within any state, the trial must be at such place as Congress has, by law, directed. In suits of common law, in cases where the amount in dispute is more than twenty dollars, the right of trial by jury must be preserved. In England a man now has a right to be tried by a jury of his peers — that is, by persons of equal rank. In this country, there being no nobility, the right of a man to "the judgment of his peers" means a trial by an impar- tial jury. The verdict of the jury must be unanimous in order to convict." Treason. Treason against the United States consists only in levying war against them, or in adhering to their enemies — giving them aid and comfort. No person can be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court. A private confession has no effect. Congress has power to declare the punishment of treason, but no attainder of treason can work corruption of blood, or forfeiture, except during the life of the person attainted. In England, for punishment of treason, besides the cruel death which was inflicted, there was an attainder or stain, which had the effect not only of forfeiting the property of the person convicted to the state, but of pre- venting his children from inheriting property through him. Such an attainder is prohibited in this country. Aaron Burr, tried for treason in 1807, was acquitted. Indictment by Grand Jury. Before a person can be brought to trial for offenses against the United States he must be indicted by a grand jury, except in cases which arise in the army and navy, or in the militia when in actual service in time of war or public danger. Instead of the indictment, the grand jury may make NATIONAL GOVERNMEN I 169 a presentment, which is a charge made by them from their own knowledge, or from evidence before them, without the formal accusation drawn up by the prose- cuting attorney. Judges. All federal judges are appointed by the President, with the consent of the Senate, and hold office during good behavior. They can be removed from office only by impeachment. Any judge of any court of the United States who has held the office for ten years, and has attained to the age of seventy years, may resign his office, and yet receive the same salary during life that was paid to him at the time of his resignation. The compensation of federal judges cannot be dimin- ished during their continuance in office. The fact that they hold office during good behavior makes the judges independent of the President and the Senate who appoint them, and the fact that Congress cannot punish the judges indirectly, by reducing their salaries, in case they should declare a law unconstitu- tional, or otherwise render a decision which might dis- please the members of that body, has a similar effect on the relations of the judges and Congress. In case a judge should become incapacitated from either mental or physical infirmities, he could be removed only by impeachment. But with the foregoing provision for their retirement by resignation upon full salary after they shall have served ten years and shall have attained the age of seventy years, no difficulty arising from infirmity is very likely to occur. SUPREME COURT Jurisdiction. The United States Supreme Court has 170 ILLINOIS AND THE NATION original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party. In all other cases mentioned under the head of Judicial Power (except where excep- tions have been made by Congress), it has appellate jurisdiction. A case arising in state courts under state laws can be carried to the Supreme Court of the United States when it involves the question as to whether or not a state law involved in the case is contrary to the Constitution of the United States. Many more state laws have been declared by the Supreme Court to be unconstitutional than laws enacted by Congress. Judges. There are nine judges of the United States Supreme Court — a Chief Justice and eight Associate Justices. Salaries. The judges of the United States Supreme Court receive $14,500 — except the Chief Justice, who receives $15,000 a year. CIRCUIT COURTS OF APPEAL Jurisdiction. These courts, which were created by an act of Congress in 1891, have appellate jurisdiction only. They can review, on appeal or writ of error, the final judgments or decrees of the United States District Courts in all cases other than those which are directly reviewable by the Supreme Court, and their decisions are final in many instances. They were created to relieve the crowded condition of the docket of the Supreme Court, which was said to be about three years in arrears at that time. Judges. There is a circuit court of appeals in each of the nine circuits into which the United States is divided, NATIONAL GOVERNMENT 171 each court consisting of three judges, two of whom con- stitute a quorum. No judges, however, are appointed for these courts, but the justices of the Supreme Court, the circuit judges, and the several district judges are compe- tent to sit as judges oi the circuit courts of appeals within their respective circuits. The district judges do not sit, however, except in the absence of one of the other judges. The sessions of this court for the Seventh Circuit, in which Illinois is located, are held at Chicago. Judicial Circuits. The United States is divided into nine judicial districts. From two to four circuit judges are appointed in each circuit. Since January 1, 1912, they do not hold circuit courts as formerly, but sit as judges in the federal circuit court of appeals and in the new commerce court. The nine judges of the United States Supreme Court apportion the nine circuits among themselves. They may also sit as judges in the court of appeals. Each circuit judge receives $7,000 a year. DISTRICT COURTS Jurisdiction. The jurisdiction of district courts ex- tends to the trial of all crimes committed within the district against the United States. In civil cases the jurisdiction of the district courts is general. Judges. The United States is divided into about seventy districts for the purpose of holding district courts. The number of district judges does not corre- spond to the number of districts, as, in some cases, one judge is appointed for two or more districts. But there is at least one district judge in every state. Salaries. District judges receive $6,000 a year. 172 ILLINOIS AND THE NATION COURT OF CLAIMS Jurisdiction. For a sovereign state or nation to be sued would be a contradiction of the idea of enlightened sovereignty. For if it could be sued in the courts of another state or nation, it would not be sovereign, and if in its own courts, that would imply that it was unwilling to do justice without coercion. The suitor would be asking a sovereign power to coerce itself. Formerly claims against the United States were pre- sented to the respective executive departments, and if they could not be adjusted there, application for relief could only be made to Congress, which had no adequate means of determining the matter. The delays incident to this procedure often amounted to a complete denial of justice. For this reason a court of claims was created by Congress and is now given power to adjudicate all classes of claims against the United States, except pen- sions. Congress appropriates money to pay the claims allowed. Judges. There are five judges in the court of claims. Each receives $6,000 a year. Miscellaneous rights of the states Representation. Each state is entitled to at least one Representative in the House of Representatives, and no amendment to the Constitution can be made which will deprive any state, without its consent, of its equal suf- frage in the Senate. Citizenship. The citizens in each state are entitled to all the privileges and immunities of citizens in the sev- NATIONAL GOVERNMENT 173 eral states. A state is not bound to confer upon a person coming into it all the rights and privileges which he might enjoy in some other state, but only such as it gives to its own citizens. Thus a man who cannot read loses the right' to vote by moving from Illinois to such a state as Massachusetts or Connecticut, where inability to read is a bar to voting. Protection. The United States guarantees to every state a republican form of government, and protects it from invasion and domestic violence on the application of the legislature of the state, or the Governor when the legislature cannot be convened. Requisitions. If a person charged in any state with treason, felony, or other infamous crime, flees from justice and is found in another state, he must, on the demand of the Governor of the state from which he fled, be delivered up, to be removed to the state which has jurisdiction of the crime. The writ issued by the Governor of a state demanding or requesting of the Governor of another state the surrender of a person accused of a crime com- mitted in the former state is called a "requisition," and the person wanted is called a "fugitive from justice." The whole procedure of removing a person from one state to another for trial by requisition is called "extradition." The United States has treaties with almost all other nations and countries whereby persons accused of crime are delivered up for trial by means of extradition. Rights Reserved. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people, and the enumeration of certain rights must not be con- strued to deny or disparage others retained by the people. 174 ILLINOIS AND THE NATION LIMITATIONS ON THE STATES Alliances Prohibited. No state can enter into any treaty, alliance, or confederation, or enter into any agree- ment or compact with another state, or with a foreign power, without the consent of Congress. The national government could not exist if the several states could enter into treaties or alliances with foreign states — in fact, the United States would not then be recognized as a nation having sovereign power. Money. No state can coin money, emit bills of credit, make anything but gold and silver coin a legal tender in payment of debt, or pass any law impairing the obliga- tions of contracts. For a state to emit bills of credit would be for it to issue paper pledging its faith for the payment, and de- signing such paper to circulate as money. Any kind of money is legal tender when a debtor can compel his creditor to accept such money in satisfaction of a debt. Congress has made paper money a legal tender, but the states cannot do this. If they could, it would result in so many different kinds of money as to cause endless confusion. War. No state can grant letters of marque and re- prisal. Neither can it, without the consent of Congress, keep troops or ships of war in time of peace, nor engage in war unless actually invaded, or in such imminent danger as will not admit of delay. This does not prevent the states from maintaining militia. The second amend- ment to the Constitution states that "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." NATIONAL GOVERNMEN I 175 Duties. No state can, without the consent of Con- gress, lay any duty of tonnage, or any duties on exports or imports, except what may be absolutely necessary for executing the inspection laws. The net proceeds of all such duties are held for the use of the Treasurer of the United States. If the states on the seacoast could levy duties for the purposes of revenue, it would be a constant source of confusion, jealousy, and strife, not only among such states, but between them and all others not so situated. Civil and Personal Rights. All persons born or natu- ralized in the United States, and subject to their juris- diction, are citizens of the United States and of the states in which they reside, and no state can make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. No state can deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdic- tion the equal protection of the laws. No state can pass any bill of attainder or ex post facto law. Title of Nobility. No state can grant any title of nobility. Illegal Debts. A state cannot assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or for the loss or emancipation of any slave. GENERAL PROVISIONS Admission of States. Congress may admit new states into the Union, but no new state can be formed within the jurisdiction of any other state, or by the junction of two or more states, without the consent of the legis- latures of the states concerned, as well as of Congress. 176 ILLINOIS AND THE NATION Amendments to the Constitution. Whenever two- thirds of both houses may deem it necessary, Congress must propose amendments to the Constitution ; or, on application of the legislatures of two-thirds of the states, must call a convention for proposing amendments. Amendments proposed in either of these ways are valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the states, or by conventions in three-fourths of the states, as the one or the other mode of ratification may be pro- posed by Congress. But no amendment can be made which will deprive any state, without its consent, of its equal suffrage in the Senate. Seventeen amendments to the Constitution have been adopted. The first ten were proposed by the First Con- gress, and were ratified in 1791. They all pertain to the rights of the people, and, taken together, constitute what is called a "Bill of Rights." The second article of the Constitution of Illinois consists of a Bill of Rights. The eleventh amendment, ratified in 1798, limits the jurisdiction of the national judiciary. The twelfth, rati- fied in 1804, changes the mode of electing the President and Vice-President. The thirteenth amendment, ratified in 1865, abolishes slavery in the United States. The fourteenth, ratified in 1868, declares the emancipated slaves to be citizens, invests them with full civil rights, prescribes the manner of apportioning the Representa- tives among the states, places a political disability upon all persons who, having sworn to support the Constitu- tion, afterward engaged in rebellion against the United States, and provides that such disability may be removed by a two-thirds vote in both houses of Congress. The fifteenth provides that the right of citizens of the United States to vote cannot be denied or abridged on account NATIONAL GOVERNMENT 177 of race, color, or previous condition of servitude. This was ratified in 1870. The sixteenth amendment provides that Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without ap- portionment among the several states, and without regard to any census or enumeration. The seventeenth amendment provides for the election of United States Senators directly by the people. The sixteenth and sev- enteenth amendments were both ratified in 1913. Supreme Law. The Constitution of the United States, the laws made in pursuance of its provisions, and all treaties made under the authority of the United States, constitute the supreme law of the land. The judges in every state are bound by these, notwithstand- ing anything which may be in the Constitution or laws of any state. Personal Rights. No soldier can, in time of peace, be quartered in any house without the consent of the owner, or in time of war, except in the manner provided by law. The people have the right to be secure in their per- sons, houses, papers, and effects against unreasonable searches and seizures. Warrants cannot be issued except on probable cause, supported by oath (or affirmation), and particularly describing the place to be searched, and the persons or things to be seized. Slavery. Neither slavery nor involuntary servitude, except as a punishment for crime of which the person is duly convicted, can exist within the limits of the United States, or in any place subject to its jurisdiction. Public Debt. The validity of the public debt of the United States, authorized by law, including debts in- curred for payment of pensions and bounties for service in suppressing insurrection and rebellion, cannot be 178 ILLINOIS AND THE NATION questioned. The United States cannot assume or pay- any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave. Questions and Topics for Study i. In studying the national government, compare and contrast it with the state government at every point. 2. (a) When were the Articles of Confederation adopted hy Congress? (b) When ratified by the states? (c) Give at least three marked defects. 3. (a) When and by whom was the Constitution of the United States prepared and adopted? (b) When ratified by the states? 4. (a) State the qualifications of Representatives, (b) Of Senators. 5. How many Representatives has Illinois? 6. (a) In what congressional district do you live? (b) Who is the Representative from that district? (c) When was he elected? 7. (a) Who are the present Senators from Illinois? (b) When elected ? 8. Fully describe the election of a President of the United States, giving particulars concerning electors and the electoral vote. 9. What are the qualifications of the President? 10. (a) Who is now President? (b) When elected? 11. Name the present cabinet officers. 12. (a) To what political party does the President belong? (b) What political party at pres- ent controls the Senate? (c) The House of Representatives? 13. State the different ways in which a bill having passed both houses of Congress, may become a law. 14. State several of the important powers of Congress expressed in the Constitu- tion. 15. Explain what you understand by expressed powers and implied powers. 16. (a) Give an illustration of congres- sional legislation not directly authorized by an expressed provi- sion in the Constitution, (b) How about the recent provision for a system of reserve banks ? NATIONAL GOVERNMENT 179 17. (a) How can the Constitution of the United States he amended? (b) What one exception to this provision? 18. What amendments to our Constitution are often referred to afl our "Bill of Rights"? 19. State the subject of each of the amendments from the eleventh to the seventeenth, inclusive. 20. Copy and complete this table and preserve for future ref- erence : OFTICK BY WHOM ELECTED OR APPOINTED LENGTH OF TEKM IHTIES PRESENT IN<< MBENT President Vice-President Sec. of State Sec. of Treasury Sec. of War Sec. of Navy Sec. of Interior Post Master-Gen. Attorney-General Sec. of Agriculture Sec. of Commerce Sec. of Labor Chief Justice Spkr. of the House Senators from 111. < Member of Cong. From your district f said state; thence east, with the line of the same state, to the middle of Lake Michigan ; thence north along the middle of said lake, to north latitude forty-two degrees and thirty minutes; thence west to the middle of the Mississippi River, and thence down along the middle of that river to its confluence with the Ohio River, and thence up the latter river along its northwestern 217 218 ILLINOIS AND THE NATION shore, to the place of beginning: Provided, that this state shall exercise such jurisdiction upon the Ohio River, as she is now entitled to, or such as may hereafter be agreed upon by this state and the State of Kentucky. ARTICLE II BILL OF RIGHTS SECTION i. All men are by nature free and independent, and have certain inherent and inalienable rights — among these are life, liberty, and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. SEC. 2. No person shall be deprived of life, liberty, or property, without due process of law. SEC. 3. The free exercise and enjoyment of religious profes- sion and worship, without discrimination, shall forever be guar- anteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dis- pense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the state. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship. SEC. 4. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when pub- lished with good motives and for justifiable ends, shall be a suffi- cient defense. SEC. 5. The right of trial by jury as heretofore enjoyed, shall remain inviolate; but the trial of civil cases before justices of the peace, by a jury of less than twelve men, may be authorized by law. SEC. 6. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seiz- ures, shall not be violated; and no warrant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, and the persons and things to be seized. SEC. 7. All persons shall be bailable by sufficient sureties, ex- cept for capital offenses, where the proof is evident or the pre- sumption great ; and the privilege of the writ of habeas corpus shall APPENDIX 219 not be suspended, unless when in cases of rebellion or invasion the public safety may require it. SEC. & No person shall be held to answer for a criminal offense unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger: Provided, that the grand jury may be abolished by law in all cases. SEC. 9. In all criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel ; to demand the nature and cause of the accusation, and to have a copy thereof ; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. SEC. 10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense. SEC. IX. All penalties shall be proportioned to the nature of the offense; and no conviction shall work corruption of blood or forfeiture of estate ; nor shall any person be transported out of the state for any offense committed within the same. SEC. 12. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases where there is strong presumption of fraud. SEC 13. Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the state, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, with- out consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. SEC. 14. No ex post facto law, or law impairing the obliga- tion of contracts, or making any irrevocable grant of special priv- ileges or immunities, shall be passed. SEC. 15. The military shall be in strict subordination to the civil power. SEC. 16. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war except in the manner prescribed by law. 220 ILLINOIS AND THE NATION SEC. 17. The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives, and to apply for redress of grievances. SEC. 18. All elections shall be free and equal. SEC. 19. Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his per- son, property or reputation; he ought to obtain, by law, right and justice freely and without being obliged to purchase it, completely and without denial, promptly and without delay. SEC. 20. A frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. ARTICLE III DISTRIBUTION OF POWERS The powers of the government of this state are divided into three distinct departments — the legislative, executive, and judicial; and no person, or collection of persons, being one of these depart- ments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. ARTICLE IV LEGISLATIVE DEPARTMENT SECTION I. The legislative power shall be vested in a Gen- eral Assembly, which shall consist of a Senate and House of Repre- sentatives, both to be elected by the people. ELECTION SEC. 2. An election for members of the General Assembly shall be held on the Tuesday next after the first Monday in Novem- ber, in the year of our Lord one thousand eight hundred and sev- enty, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in either house, the Governor, or person exercising the powers of Governor, shall issue writs of election to fill such vacancy. ELIGIBILITY AND OATH SEC. 3. No person shall be a Senator who shall not have attained the age of twenty-five years, or a Representative who shall not have attained the age of twenty-one years. No person APPENDIX 221 shall be a Senator or Representative who shall not be a citizen of the United States, and who shall not have been for five years a resident of this state, and for two years next preceding his election a resident within the territory forming the district from which he is elected. No judge or clerk of any court, Secretary of State, Attorney General, State's Attorney, Recorder, Sheriff, or collector of public revenue, member of either house of Congress, or person holding any lucrative office under the United States or this state, or any foreign government, shall have a seat in the General Assembly : Provided, that appointments in the militia, and the offices of notary public and justice of the peace, shall not be considered lucrative. Nor shall any person holding any office of honor or profit under any foreign government, or under the government of the United States (except postmasters whose annual compensation does not exceed the sum of three hundred dollars), hold any office of honor or profit under the authority of this state. SEC. 4. No person who has been, or hereafter shall be con- victed of bribery, perjury or other infamous crime, nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the General Assem- bly, or to any office of profit or trust in this state. SEC. 5. Members of the General Assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Illinois, and will faithfully discharge the duties of Senator (or Representative) according to the best of my ability; and that I have not knowingly or intentionally paid or contributed anything, nr made any promise In the nature of a bribe, to directly or Indirectly Influence any vote at the election at which I was chosen to l\ll the said office, and have not accepted, nor will I accept or receive, directly or Indirectly, any money or other valuable thing, from any corporation, company or person, for any vote or Influence I may give or withhold on any bill, resolution, or appropriation, or for any other official act." This oath shall be administered by a judge of the supreme or circuit court in the hall of the house to which the member is elected, and the Secretary of State shall record and file the oath subscribed by each member. Any member who shall refuse to take the oath herein prescribed shall forfeit his office, and every member who shall be convicted of having sworn falsely to, or of violating his 222 ILLINOIS AND THE NATION said oath, shall forfeit his office and be disqualified thereafter from holding any office of profit or trust in this state. APPORTION MENT — SENATORIAL SEC. 6. The General Assembly shall apportion the state every ten years, beginning with the year one thousand eight hundred and seventy-one, by dividing the population of the state, as ascertained by the federal census, by the number fifty-one, and the quotient shall be the ratio of representation in the senate. The state shall be divided into fifty-one senatorial districts, each of which shall elect one Senator, whose term of office shall be four years. The Senators elected in the year of our Lord one thousand eight hun- dred and seventy-two, in districts bearing odd numbers, shall vacate their offices at the end of two years, and those elected in districts bearing even numbers, at the end of four years; and vacancies occurring by the expiration of term shall be filled by the election of Senators for the full term. Senatorial districts shall be formed of contiguous and compact territory, bounded by county lines, and contain as nearly as practicable an equal number of inhabitants ; but no district shall contain less than four-fifths of the senatorial ratio. Counties containing not less than the ratio and three-fourths, may be divided into separate districts, and shall be entitled to two Senators, and to one additional Senator for each number of inhab- itants equal to the ratio contained by such counties in excess of twice the number of said ratio. Note. By the adoption of minority representation, Sections 7 and 8 of this article cease to be a part of the Constitution. Under Section 12 of the schedule, and the vote of adoption, the following section relating to minority representation is substituted for said sections: MINORITY REPRESENTATION SECS. 7 and 8. The House of Representatives shall consist of three times the number of the members of the Senate, and the term of office shall be two years. Three Representatives shall be elected in each senatorial district at the general election in the year of our Lord one thousand eight hundred and seventy- two, and every two years thereafter. In all elections of Representatives aforesaid, each qualified voter may cast as many votes for one can- didate as there are Representatives to be elected, or may distribute the same, or equal parts thereof, among the candidates, as he shall see fit; and the candidates highest in votes shall be declared elected. APPENDIX 223 TIME OF MEETING AND GENERAL RULES ( SEC. 9. The sessions of the General Assembly shall commence at twelve o'clock noon, on the Wednesday next after the first Mon- day in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this Constitu- tion. A majority of the members elected to each house shall con- stitute a quorum. Each house shall determine the rules of its pro- ceedings, and be the judge of the election, returns, and qualifica- tions of its members; shall choose its own officers; and the Senate shall choose a temporary president to preside when the Lieutenant Governor shall not attend as president, or shall act as Governor. The Secretary of State shall call the House of Representatives to order at the opening of each new assembly, and preside over it until a temporary presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no member shall be twice expelled for the same offense. Each house may punish by imprisonment any person, not a member, who shall be guilty of disrespect to the house by disorderly or contemptuous behavior in its presence. But no such imprison- ment shall extend beyond twenty-four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior. SEC. 10. The door of each house and of committees of the whole shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the con- sent of trje other, adjourn for more than two days, or to any other place than that in which the two houses shall be sitting. Each house shall keep a journal of its proceedings, which shall be pub- lished. In the Senate, at the request of two members, and in the House at the request of five members, the yeas and nays shall be taken on any question, and entered upon the journal. Any two members of either house shall have liberty to dissent from and protest, in respectful language, against any act or resolution which they think injurious to the public or to any individual, and have the reasons of their dissent entered upon the journals. STYLE OF LAWS, AND PASSAGE OF BILLS SEC. 11. The style of the laws of this state shall be: "Be it enacted by the People of the State of Illinois, represented in the General Assembly." 224 ILLINOIS AND THE NATION SEC. 12. Bills may originate in either house, but may be altered, amended, or rejected by the other; and on the final passage of all bills, the vote shall be by yeas and nays, upon each bill separately, and shall be entered upon the journal; and no bill shall become a law without the concurrence of a majority of the members elected to each house. SEC. 13. Every bill shall be read at large on three different days, in each house; and the bill and all amendments thereto shall be printed before the vote is taken on its final passage; and every bill, having passed both houses, shall be signed by the speakers thereof. No act hereafter passed shall embrace more than one subject, and that shall be expressed in the title. But if any sub- ject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed ; and no law shall be revived or amended by reference to its title only, but the law revived, or the section amended, shall be inserted at length in the new act. And no act of the General Assembly shall take effect until the first day of July next after its passage, unless, in case of emergency (which emer- gency shall be expressed in the preamble or body of the act) the General Assembly shall, by a vote of two-thirds of all the mem- bers elected to each house, otherwise direct. PRIVILEGES AND DISABILITIES SEC. 14. Senators and Representatives shall, rn all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. SEC. 15. No person elected to the General Assembly shall receive any civil appointment within this state from the Governor, the Governor and Senate, or from the General Assembly, during the term for which he shall have been elected; and all such appoint- ments, and all votes given for any such members for any such office or appointment, shall be void; nor shall any member of the General Assembly be interested, either directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof. APPENDIX 225 PUBUC MONEYS AND APPROPRIATIONS SEC. 16. The General Assembly shall make no appropriation of money out of the treasury in any private law. Bills making appro- priations for the pay of members and officers of the General Assem- bly, and for the salaries of the officers of the government, shall contain no provision on any other subject. SEC. 17. No money shall be drawn from the treasury except in pursuance of an appropriation made by law, and on the presentation of a warrant issued by the auditor thereon ; and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall, within sixty days after the adjournment of each session of the General Assembly, prepare and publish a full statement of all money expended at such session, specifying the amount of each item, and to whom and for what paid. SEC. 18. Each General Assembly shall provide for all the appro- priations necessary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of the members elected to each house, nor exceed the amount of revenue authorized by law to be raised in such time; and all appropriations, general or special, requiring money to be paid out of the state treasury, from funds belonging to the state, shall end with such fiscal quarter. Provided, the state may, to meet casual deficits or failures in revenues, contract debts, never to exceed in the aggregate two hundred and fifty thousand dollars; and moneys thus borrowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose ; and no other debt, except for the purpose of repelling invasion, suppressing insur- rection, or defending the state in war (for payment of which the faith of the state shall be pledged), shall be contracted, unless the law authorizing the same shall, at a general election, have been sub- mitted to the people and have received a majority of the votes cast for members of the General Assembly at such election. The General Assembly shall provide for the publication of said law for three months, at least, before the vote of the people shall be taken upon the same; and provision shall be made, at the time, for the payment of the interest annually, as it shall acrue, by a tax levied for the purpose, or from other sources of revenue ; which law, providing for the payment of such interest by such tax. shall be irrepealable 226 ILLINOIS AND THE NATION until such debt be paid. And, provided further, that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted. SEC. 19. The General Assembly shall never grant or authorize extra compensation, fee, or allowance to any public officer, agent, servant, or contractor, after service has been rendered or a contract made, nor authorize the payment of any claim, or part thereof, here- after created against the state under any agreement or contract made without express authority of law; and all such unauthorized agree- ments or contracts made shall be null and void. Provided, the General Assembly may make appropriations for expenditures in- curred in suppressing insurrection or repelling invasion. SEC. 20. The state shall never pay, assume, or become respon- sible for the debts or liabilities of, or in any manner give, loan, or extend its credit to, or in aid of, any public or other corporation, association, or individual. PAY OF MEMBERS SEC. 21. The members of the General Assembly shall receive for their services the sum of five dollars per day, during the first session held under this Constitution, and ten cents for each mile necessarily traveled in going to, and returning from, "the seat of government, to be computed by the auditor of public accounts ; and thereafter such compensation as shall be prescribed by law, and no other allowance or emolument, directly or indirectly, for any pur- pose whatever, except the sum of fifty dollars per session to each member, which shall be in full for postage, stationery, newspaper, and all other incidental expenses and perquisites; but no change shall be made in the compensation of the General Assembly during the term for which they may have been elected. The pay and mile- age allowed to each member of the General Assembly shall be certified by the speakers of their respective houses, and entered on the journals, and published at the close of each session. SPECIAL LEGISLATION PROHIBITED SEC. 22. The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say, for — Granting divorces ; Changing the names of person's or places; Laying out, opening, altering, and working roads or highways; Vacating roads, town plats, streets, alleys, and public grounds; APPENDIX 227 Locating or changing county seats; Regulating county and township affairs; Regulating the practice in courts of justice; Regulating the jurisdiction and duties of justices of the peace, police magistrates and constables; Providing for changes of venue in civil and criminal cases ; Incorporating cities, towns, or villages ; or changing or amending the charter of any town, city, or village; Providing for the election of members of the board of super- visors in townships, incorporated towns or cities; Summoning and impaneling grand or petit juries; Providing for the management of common schools; Regulating the rate of interest on money; The opening and conducting of an election, or designating the place of voting; The sale or mortgage of real estate belonging to minors or others under disability; The protection of game or fish ; Chartering or licensing ferries or toll bridges; Remitting fines, penalties or forfeitures; Creating, increasing or decreasing fees, percentages or allowances of public officers, during the term for which said officers are elected or appointed; Changing the law of descent; Granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purpose ; Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever. In all other cases where a general law can be made applicable, no special law shall be enacted. SEC. 23. The General Assembly shall have no power to release or extinguish, in whole or in part, the indebtedness, liability, or obligation of any corporation or individual to this state or to any municipal corporation therein. IMPEACHMENT SEC. 24. The House of Representatives shall have the sole power of impeachment; but a majority of all the members elected must concur therein. All impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon oath or 228 ILLINOIS AND THE NATION affirmation, to do justice according to law and evidence. When the Governor of the state is tried, the Chief-Justice shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. But judgment, in such cases, shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust under the government of this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment, and punishment according to law. MISCELLANEOUS SEC. 25. The General Assembly shall provide, by law, that the fuel, stationery, and printing paper furnished for the use of the state, the copying, printing, binding and distributing the laws and journals, and all other printing ordered by the General Assembly, shall be let by contract to the lowest responsible bidder; but the General Assembly shall fix a minimum price ; and no member thereof, or other officer of the state, shall be interested, directly or indirectly, in such contract. But all such contracts shall be subject to the approval of the Governor, and if he disapproves the same, there shall be a reletting of the contract, in such manner as shall be prescribed by law. SEC. 26. The State of Illinois shall never be made defendant in any court of law or equity. SEC. 27. The General Assembly shall have no power to author- ize lotteries or gift enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this state. SEC. 28. No law shall be passed which shall operate to extend the term of any public officer after his election or appointment. SEC. 29. It shall be the duty of the General Assembly to pass such laws as may be necessary for the protection of operative miners, by providing for ventilation, when the same may be re- quired, and the construction of escapement shafts or such other appliances as may secure safety in all coal mines, to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper. SEC. 30. The General Assembly may provide for establishing and opening roads and cartways, connected with a public road, for private and public use. SEC. 31. The General Assembly may pass laws permitting the owners of land to construct drains, ditches and levees for agricul- APPENDIX JJ!t tural, sanitary or mining purposes, across the lands of others, and provide for the organization of drainage districts, and vest the cor- porate authorities thereof with power to construct and maintain levees, drains and ditches, and to keep in repair all drains, ditches, and levees heretofore constructed under the laws of this state, by special assessments upon the property benefited thereby. SEC. 32. The General Assembly shall pass liberal homestead and exemption laws. SEC. 33. The General Assembly shall not appropriate out of the state treasury, or expend on account of the new capitol grounds, and construction, completion, and furnishing of the statehouse, a sum exceeding, in the aggregate, three and a half millions of dollars, inclusive of all appropriations heretofore made, without first sub- mitting the proposition for an additional expenditure to the legal voters of the state, at a general election; nor unless a majority of all votes cast at such election shall be for the proposed additional expenditure. SEC. 34. The General Assembly shall have power, subject to the conditions and limitations hereinafter contained, to pass any law (local, special, or general) providing a scheme or charter of local municipal government for the territory now or hereafter embraced within the limits of the City of Chicago. The law or laws so passed may provide for consolidating (in whole or in part) in the municipal government of the City of Chicago, the powers now vested in the city, board of education, township, park and other local governments and authorities having jurisdiction confined to or within said territory, or any part thereof, and for the assumption by the City of Chicago of the debts and liabilities ( in whole or in part) of the governments or corporate authorities whose functions within its territory shall be vested in said City of Chicago, and may authorize said city, in the event of its becoming liable for the indebtedness of two or more of the existing municipal corporations lying wholly within said City of Chicago, to become indebted to an amount (including its existing indebtedness and the indebtedness of all municipal corporations lying wholly within the limits of said city, and said city's proportionate share of the indebtedness of said county and sanitary district, which share shall be determined in such manner as the Gen- eral Assembly shall prescribe) in the aggregate not exceeding 5 per centum of the full value of the taxable property within its limits as ascertained by the last assessment either for state or 230 ILLINOIS AND THE NATION municipal purposes previous to the incurring of such indebtedness (but no new bonded indebtedness, other than for refunding pur- poses, shall be incurred until the proposition therefor shall be consented to by a majority of the legal voters of said city voting on the question at any election, general, municipal or special; and may provide for the assessment of property and the levy and collec- tion of taxes within said city for corporate purposes in accordance with the principles of equality and uniformity prescribed by this Constitution; and may abolish all offices, the functions of which shall be otherwise provided for; and may provide for the annexa- tion of territory to or disconnection of territory from said City of Chicago by the consent of a majority of the legal voters (voting on the question at any election, general, municipal or special) of the said city and of a majority of the voters of such territory, voting on the question at any election, general, municipal, or special ; and, in case the General Assembly shall create municipal courts in the City of Chicago, it may abolish the offices of justices of the peace, police magistrates and constables in and for the territory within said city, and may limit the jurisdiction of justices of the peace in the territory of said County of Cook outside of said city to that terri- tory, and in such case the jurisdiction and practice of said munici- pal courts shall be such as the General Assembly shall prescribe; and the General Assembly may pass all laws which it may deem requisite to effectually provide a complete system of local municipal government in and for the City of Chicago. No law based upon this amendment to the Constitution, affect- ing the municipal government of the City of Chicago, shall take effect until such law shall be consented to by a majority of the legal voters of said city voting on the question at any election (gen- eral, municipal, or special) ; and no local or special law based upon this amendment affecting specially any part of the City of Chicago shall take effect until consented to by a majority of the legal voters of such part of said city. Nothing in this section contained shall be construed to repeal, amend or affect section four (4) of article XI of the Constitution of this state. ARTICLE V EXECUTIVE DEPARTMENT SECTION i. The executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of APPENDIX 231 Public Accounts, Treasurer, Superintendent of Public Instruction, and Attorney-General, who shall each, with the exception of Treas- urer, hold his office for the term of four years from the second Monday of January next after his election, and until his successor is elected and qualified. They shall, except the Lieutenant-Governor, reside at the seat of government during the term of office, and keep the public records, books, and papers there, and shall perform such duties as may be prescribed by law. SEC. 2. The Treasurer shall hold his office for the term of two years, and until his successor is elected and qualified; and shall be ineligible to said office for two years next after the end of the term for which he was elected. He may be required by the Governor to give reasonable additional security, and in default of so doing his office shall be deemed vacant. ELECTION SEC. 3. An election for Governor, Lieutenant-Governor, Secre- tary of State, Auditor of Public Accounts, and Attorney-General, shall be held on the Tuesday next after the first Monday of Novem- ber, in the year of our Lord one thousand eight hundred and seventy- two, and every four years thereafter; for Superintendent of Public Instruction, on the Tuesday next after the first Monday of Novem- ber, in the year one thousand eight hundred and seventy, and every four years thereafter, and for Treasurer on the day last above men- tioned, and every two years thereafter, at such places and in such manner as may be prescribed by law. SEC. 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the Secretary of State, directed to "The Speaker of the House of Representatives," who shall, immediately after the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of each house of the General Assembly, who shall for that purpose assemble in the hall of the House of Representatives. The person having the highest number of votes for either of said offices, shall be declared duly elected; but if two or more have an equal, and the highest number of votes, the General Assembly shall, by joint ballot, choose one of such per- sons for said office. Contested elections for all of said offices shall be determined by both houses of the General Assembly, by joint ballot, in such manner as may be prescribed by law. 232 ILLINOIS AND THE NATION ELIGIBILITY SEC. 5. No person shall be eligible to the office of Governor, or Lieutenant-Governor, who shall not have attained the age of thirty years, and been for five years next preceding his election, a citizen of the United States and of this state. Neither the Governor, Lieutenant-Governor, Auditor of Public Accounts, Secretary of State, Superintendent of Public Instruction, nor Attorney-General, shall be eligible to any other office during the period for which he shall have been elected. GOVERNOR SEC. 6. The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed. SEC. 7. The Governor shall, at the commencement of each session, and at the close of his term of office, give to the General Assembly information, by message, of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall account to the General Assembly, and accompany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, and, at the commence- ment of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes. SEC. 8. The Governor may, on extraordinary occasions, convene the General Assembly, by proclamation, stating therein the purpose for which they are convened; and the General Assembly shall enter upon no business except that for which they were called together. SEC. 9. In case of disagreement between the two houses with respect to the time of adjournment, the Governor may, on the same being certified to him by the house first moving the adjournment, adjourn the General Assembly to such time as he thinks proper, not beyond the first day of the next regular session. SEC. 10. The Governor shall nominate and, by and with the advice and consent of the Senate (a majority of all the Senators elected concurring by yeas and nays), appoint all officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the General Assembly. SEC. 11. In case of vacancy, during the recess of the Senate, in any office which is not elective, the Governor shall make a temporary appointment until the next meeting of the Senate, when he shall APPENDIX 233 nominate some person to fill such office; and any person so nomi- nated, who is confirmed by the Senate (a majority of all the Sena- tors elected concurring by yeas and nays), shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the Senate, shall be again nominated for the same office at the same session, unless at the request of the Senate, or be appointed to the same office during the recess of the General Assembly. SEC. 12. The Governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office; and he may declare his office vacant and fill the same as is herein provided in other cases of vacancy. SEC 13. The Governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, sub- ject to such regulations as may be provided by law relative to the manner of applying therefor. SEC. 14. The Governor shall be Commander-in-Chief of the military and naval forces of the state (except when they shall be called into the service of the United States) ; and may call out the same to execute the laws, suppress insurrection, and repel invasion. SEC. 15. The Governor, and all civil officers of this state, shall be liable to impeachment for any misdemeanor in office. VETO SEC. 16. Every bill passed by the General Assembly shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered ; and if approved by two-thirds of the members elected to that house, it shall become a law, notwith- standing the objections of the Governor. But in all such cases, the vote of each house shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the General Assembly shall, by their adjournment, 234 ILLINOIS AND THE NATION prevent its return; in which case it shall be filed, with his objections, in the office of the Secretary of State, within ten days after such adjournment, or become a law. LIEUTENANT-GOVERNOR SEC. 17- In case of the death, conviction or impeachment, fail- ure to qualify, resignation, absence from the state, or other disability of the Governor, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the Lieutenant-Governor. SEC. 18. The Lieutenant-Governor shall be president of the Senate, and shall vote only when the Senate is equally divided. The Senate shall choose a president, pro tempore, to preside in case of the absence or impeachment of the Lieutenant-Governor, or when he shall hold the office of Governor. SEC. 19. If there be no Lieutenant-Governor, or if the Lieu- tenant-Governor shall, for any of the causes specified in section seventeen of this article, become incapable of performing the duties of the office, the president of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the president of the Senate, for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker oi the House of Representatives. OTHER STATE OFFICERS SEC. 20. If the office of Auditor of Public Accounts, Treasurer, Secretary of State, Attorney-General, or Superintendent of Public Instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the executive department, and of all the public institutions of the state, of all moneys received or disbursed by them, severally, from all sources, and for every service performed, and a semi-annual report thereof be made to the Gov- ernor, under oath ; and any officer who shall make a false report shall be guilty of perjury, and be punished accordingly. SEC. 21. The officers of the executive department, and of all the public institutions of the state, shall, at least ten days preceding each regular session of the General Assembly, severally report to the Governor, who shall submit such reports to the General Assembly, APPENDIX 235 together with the reports of the judges of the supreme court, of defects in the Constitution and laws ; and the Governor may at any time require information, in writing, under oath, from the officers of the executive department, and all officers and managers of state insti- tutions, upon any subject relating to the conditions, management and expenses of their respective offices. THE SEAL OF STATE SEC. 22. There shall be a seal of the state, which shall be called the "Great Seal of the State of Illinois," which shall be kept by the Secretary of State, and used by him, officially, as directed by law. FEES AND SALARIES SEC. 23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be in- creased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at the adoption of this Constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. And all fees that may hereafter be payable by law for any services performed by any officer provided for in this article of the Constitution, shall be paid in advance into the state treasury. DEFINITION AND OATH OF OFFICE SEC. 24. An office is a public position created by the Constitu- tion or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or appointed. An employment is an agency for a temporary purpose, which ceases when that purpose is accomplished. SEC. 25. All civil officers, except members of the General Assembly and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : •1 do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of , according to the best of my ability." And no other oath, declaration, or test shall be required as a qualification. 236 ILLINOIS AND THE NATION ARTICLE VI JUDICIAL DEPARTMENT SECTION i. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns. SUPREME COURT SEC. 2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus and habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief-justice; four shall consti- tute a quorum, and the concurrence of four shall be necessary to every decision. SEC. 3. No person shall be eligible to the office of judge of the supreme court unless he shall be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in this state five years next preceding his election, and be a resident of the district in which he shall be elected. SEC. 4. Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same ; and until otherwise provided by law, one or more terms of said court shall be held, for the northern division, in the City of Chicago each year at such times as said court may appoint, whenever said city or the County of Cook shall appoint appropriate rooms therefor, and the use of a suitable library, without expense to the state. The judicial divisions may be altered, increased or dimin- ished in number, and the times and places of holding said court may be changed by law. SEC. 5. The present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until otherwise pro- vided by law. The state shall be divided into seven districts for the election of judges, and until otherwise provided by law, they shall be as follows : First District. The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski, and Massac. Second District. The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- APPENDIX 237 gomery, Macoupin. Shelby, Cumberland, Clarke, Greene, Jersey, Calhoun, and Christian. Third District. The counties of Sangamon, Macon, Logan, De Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois. Coles. Edgar. Moultrie, and Tazewell. Fourth District. The counties of Fulton, McDonough, Hancock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass, and Scott. Fifth District. The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy, and Woodford. Sixth District. The counties of Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, Lee, Ogle, and Rock Island. Seventh District. The counties of Lake, Cook, Will, Kankakee, and DuPage. The boundaries of the districts may be changed at the session of the General Assembly next preceding the election for judges therein, and at no other time; but whenever such alterations shall be made, the same shall be upon the rule of equality of population, as nearly as county boundaries will allow, and the districts shall be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not affect the tenure of office of any judge. SEC. 6. At the time of voting on the adoption of this Constitu- tion, one judge of the supreme court shall be elected by the electors thereof, in each of said districts numbered two, three, six and seven, who shall hold his office for the term of nine years from the first Monday of June, in the year of our Lord one thousand eight hun- dred and seventy. The term of office of judges of the supreme court, elected after the adoption of this Constitution, shall be nine years; and on the first Monday of June of the year in which the term of any of the judges in the office at the adoption of this Constitution, or of the judges then elected, shall expire, and every nine years thereafter, there shall be an election for the successor or successors of such judges, in the respective districts wherein the term of such judges shall expire. The chief-justice shall continue to act as such until the expiration of the term for which he was elected, after which the judges shall choose one of their number chief-justice. SEC. 7. From and after the adoption of this Constitution, the judges of the supreme court shall each receive a salary of four thou- 238 ILLINOIS AND THE NATION sand dollars per annum, payable quarterly, until otherwise provided by law. And after said salaries shall be fixed by law, the salaries of the judges in office shall not be increased or diminished during the term for which said judges shall have been elected. SEC. 8. Appeals and writs of error may be taken to the supreme court, held in the grand division in which the case is decided, or, by consent of the parties, to any other grand division. SEC. 9. The supreme court shall appoint one reporter of its decisions, who shall hold his office for six years, subject to removal by the court. SEC. 10. At the time of the election for Representatives in the General Assembly, happening next preceding the expiration of the terms of office of the present clerks of said court, one clerk of said court, for each division shall be elected, whose term of office shall be six years from said election, but who shall not enter upon the duties of his office until the expiration of the term of his prede- cessor, and every six years thereafter one clerk of said court for each division shall be elected. APPELLATE COURTS SEC. 11. After the year of our Lord one thousand eight hun- dred and seventy-four, inferior appellate courts, of uniform organi- zation and jurisdiction, may be created in districts formed for that purpose, to which such appeals and writs of error as the General Assembly may provide, may be prosecuted from circuit or other courts, and from which appeals and writs of error shall lie to the supreme court, in all criminal cases, and cases in which a franchise, or freehold, or the validity of a statute is involved, and in such other cases as may be provided by law. Such appellate courts shall be held by such number of judges of the circuit courts, and at such times and places, and in such manner as may be provided by law; but no judge shall sit in review upon cases decided by him; nor shall said judges receive any additional compensation for such services. CIRCUIT COURTS SEC. 12. The circuit courts shall have original jurisdiction of all causes in law and equity, and such appellate jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The terms of office of judges of circuit courts shall be six years. SEC. 13. The state, exclusive of the County of Cook and other APPENDIX 239 counties having a population of one hundred thousand, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present judges of the circuit courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory, and population, and shall not exceed in number one circuit for every one hundred thousand of population in the state. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed and the boundaries of circuits changed by the General Assembly, at its session next preceding the election for circuit judges, but at no other time: Provided, that the circuits may be equalized or changed at the first session of the General Assembly after the adoption of this Constitution. The creation, alteration or change of any circuit shall not affect the tenure of office of any judge. Whenever the business of the cir- cuit court of any one, or of two or more contiguous counties, con- taining a population exceeding fifty thousand, shall occupy nine months of the year, the General Assembly may make of such county, or counties, a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed. SEC. 14. The General Assembly shall provide for the times of holding court in each county; which shall not be changed, except by the General Assembly next preceding the general election for judges of said courts; but additional terms may be provided for in any county. The election for judges of the circuit courts shall be held on the first Monday in June, in the year of our Lord one thou- sand eight hundred and seventy-three, and every six years thereafter. SEC. 15. The General Assembly may divide the state into judi- cial circuits of greater population and territory, in lieu of the circuits provided for in section thirteen of this article, and provide for the election therein, severally, by the electors thereof, by general ticket, of not exceeding four judges, who shall hold the circuit courts in the circuit for which they shall be elected, in such manner as may be provided by law. SEC. 16. From and after the adoption of this Constitution, judges of the circuit courts shall receive a salary of three thousand dollars per annum, payable quarterly, until otherwise provided by law. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be respectively elected ; and from and after the adoption of this Constitution, no judge of the supreme or circuit court shall receive 240 ILLINOIS AND THE NATION any other compensation, perquisite or benefit, in any form whatso- ever, nor perform any other than judicial duties to which may belong any emoluments. SEC. 17. No person shall be eligible to the office of judge of the circuit or any inferior court, or to membership in the "board of county commissioners," unless he shall be at least twenty-five years of age, and a citizen of the United States, nor unless he shall have resided in this state five years next preceding his election, and be a resident of the circuit, county, city, cities, or incorporated town in which he shall be elected. COUNTY COURTS SEC. 18. There shall be elected in and for each county, one county judge and one clerk of the county court, whose terms of office shall be four years. But the General Assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such districts. County courts shall be courts of records, and shall have original jurisdic- tion in all matters of probate; settlement of estates of deceased persons, appointments of guardians and conservators, and settle- ments of their accounts ; in all matters relating to apprentices ; and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law. SEC. 19. Appeals and writs of error shall be allowed from final determinations of county courts, as may be provided by law. PROBATE COURTS SEC. 20. The General Assembly may provide for the establish- ment of a probate court in each county having a population of over fifty thousand, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when established, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appoint- ment of guardians and conservators, and settlements of their ac- counts; in all matters relating to apprentices, and in cases of sales of real estate of deceased persons for the payment of debts. JUSTICES OF THE PEACE AND CONSTABLES SEC. 21. Justices of the peace, police magistrates, and constables shall be elected in and for such districts as are, or may be, provided APPENDIX 241 by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform. state's attorney SEC. 22. At the election for members of the General Assembly in the year of our Lord one thousand eight hundred and seventy- two, and every four years thereafter, there shall be elected a state's attorney in and for each county, in lieu of the state's attorneys now provided by law, whose term of office -shall be four years. COURTS OF COOK COUNTY SEC. 23. The County of Cook shall be one judicial circuit. The circuit court of Cook County shall consist of five judges, until their number shall be increased, as herein provided. The present judge of the recorder's court of the City of Chicago, and the present judge of the circuit court of Cook County shall be two of said judges, and shall remain in office for the terms for which they were respectively elected, and until their successors shall be elected and qualified. The superior court of Chicago shall be continued and called the "Superior Court of Cook County." The General Assem- bly may increase the number of said judges, by adding one to either of said courts for every additional fifty thousand inhabitants in said county over and above a population of four hundred thou- sand. The terms of office of the judges of said courts, hereinafter elected, shall be six years. SEC. 24. The judge having the shortest unexpired term shall be chief-justice of the court of which he is a judge. In case there are two or more whose terms expire at the same time, it may be deter- mined by lot which shall be chief-justice. Any judge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Each of them may hold a different branch thereof at the same time. SEC. 25. The judges of the superior and circuit courts, and the state's attorney, in said county, shall receive the same salaries, pay- able out of the state treasury, as is or may be paid from said treas- ury to the circuit judges and state's attorneys of the state, and such further compensation, to be paid by the County of Cook, as is or may be provided by law. Such compensation shall not be changed during their continuance in office. SEC. 26. The recorder's court of the City of Chicago shall be continued, and shall be called the "Criminal Court of Cook County." It shall have the jurisdiction of a circuit court in all cases of crim- 242 ILLINOIS AND THE NATION inal and quasi criminal nature, arising in the County of Cook, or that may be brought before said court pursuant to law ; and all recog- nizances and appeals taken in said county, in criminal and quasi criminal cases shall be returnable and taken to said court. It shall bave no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi criminal matters, and to dispose of unfinished business. The terms of said Criminal Court of Cook County shall be held by one or more of the judges of the circuit or superior court of Cook County, as nearly as may be in alternation, as may be determined by said judges, or provided by law. Said judges shall be ex-officio judges of said court. SEC. 27. The present clerk of the recorder's court of the City of Chicago shall be the clerk of the Criminal Court of Cook County, during the term for which he was elected. The present clerks of the superior court of Chicago, and the present clerk of the circuit court of Cook County, shall continue in office during the terms for which they were respectively elected ; and thereafter there shall be but one clerk of the superior court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified. SEC. 28. All justices of the peace in the City of Chicago shall be appointed by the Governor, by and with the advice and consent of the Senate (but only upon the recommendation of a majority of the judges of the circuit, superior and county courts), and for such districts as are now or shall hereafter be provided by law. They shall hold their offices for four years, and until their successors have been commissionend and qualified, but they may be removed by sum- mary proceeding in the circuit or superior court, for extortion or other malfeasance. Existing justices of the peace and police mag- istrates may hold their offices until the expiration of their respective terms. GENERAL PROVISIONS SEC. 29. All judicial officers shall be commissioned by the Governor. All laws relating to courts shall be general, and of uniform operation; and the organization, jurisdiction, powers, pro- ceedings, and practice of all courts, of the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decrees of such courts, severally, shall be uniform. SEC. 30. The General Assembly may, for cause entered on the journals, upon due notice and opportunity of defense, remove from office any judge, upon concurrence of three-fourths of all the mem- APPENDIX 24.5 bers elected, of each house. All other officers in this article men- tioned shall be removed from office on prosecution and final conviction, for misdemeanor in office. , SEC. 31. All judges of courts of record, inferior to the supreme court, shall, on or before the first day of June, of each year, report in writing to the judges of the supreme court, such defects and omissions in the laws as their experience may suggest; and the judges of the supreme court shall, on or before the first day of January, of each year, report in writing to the Governor such de- fects and omissions in the Constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. And the judges of the several circuit courts shall report to the next General' Assembly, the number of days they have held court in the several counties composing their respective circuits, the preceding two years. SEC. 32. All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall, respec- tively, reside in the division, circuit, county or district for which they may be elected or appointed. The term of office of all such officers, where not otherwise prescribed in this article, shall be four years. All officers, where not otherwise provided for in this article, shall perform such duties and receive such compensation as is, or may be, provided by law. Vacancies in such elective offices shall be filled by election ; but where the unexpired term does not exceed one year, the vacancy shall be filled by appointment, as follows: Of judges, by the Governor; of clerks of courts, by the court to which the office appertains, or by the judge or judges thereof; and of all such other offices, by the board of supervisors, or board of county commissioners, in the county where the vacancy occurs. SEC. 33. All process shall run: In the name of the people of the State of Illinois; and all prosecutions shall be carried on : In the name and by the authority of the People of the State of Illinois; and conclude: Against the peace and dignity of the same. "Popu- lation," wherever used in this article, shall be determined by the next preceding census of this state, or of the United States. ARTICLE VII SUFFRAGE SECTION i. Every person having resided in this state one year, in the county ninety days, and in the election district thirty days next preceding any election therein, who was an elector in this 244 ILLINOIS AND THE NATION state on the first day of April, in the year of our Lord one thou- sand eight hundred and forty-eight, or obtained a certificate of naturalization, before any court of record in this state, prior to the first day of January, in the year of our Lord one thousand eight hundred and seventy, or who shall be a male citizen of the United States, above the age of twenty-one years, shall be entitled to vote at such election. SEC. 2. All votes shall be by ballot. SEC. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attend- ance at elections, and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger. SEC. 4. No elector shall be deemed to have lost his residence in this state by reason of his absence on the business of the United States, or of this state, or in the military or naval service of the United States. SEC. 5. No soldier, seaman or marine in the army or navy of the United States, shall be deemed a resident of this state in conse- quence of being stationed therein. SEC. 6. No person shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States, and who shall not have resided in this state one year next preceding the election or appointment. SEC. 7. The General Assembly shall pass laws excluding from the right of suffrage persons convicted of infamous crimes. ARTICLE VIII EDUCATION SECTION 1. The General Assembly shall provide a thorough and efficient system of free schools, whereby all children of this state may receive a good common school education. SEC. 2. All lands, moneys, or other property, donated, granted, or received for school, college, seminary or university purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made. SEC. 3. Neither the General Assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help sup- APPENDIX 245 port or sustain any school, academy, seminary, college, university, or other literary or scientific institution, controlled hy any church or sectarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by the state, or any such public corporation, to any church, or for any sectarian purpose. SEC. 4. No teacher, state, county, township, or district school officer shall 1* interested in the sale, proceeds, or profits of any book, apparatus, or furniture, used or to be used, in any school in this state, with which such officer or teacher may be connected, under such penalties as may be provided by the General Assembly. SEC. 5. There may be a county superintendent of schools in each county whose qualifications, powers, duties, compensation, and time and manner of election, and term of office, shall be prescribed by law. ARTICLE IX REVENUE SECTION 1. The General Assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every per- son and corporation shall pay a tax in proportion to the value of his, her, or its property — such value to be ascertained by some person or persons, to be elected or appointed in such manner as the General Assembly shall direct and not otherwise; but the General Assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery-keepers, liquor-dealers, toll-bridges, ferries, insurance, tele- graph and express interests or business, venders of patents, and persons or corporations owning or using franchises and privileges, in such manner as it shall, from time to time, direct by general law, uniform as to the class upon which it operates. SEC. 2. The specification of the objects and subjects of taxation shall not deprive the General Assembly of the power to require other subjects or objects to be taxed, in such manner as may be consistent with the principles of taxation fixed in this Constitution. SEC. 3. The property of the state, counties, and other munici- pal corporations, both real and personal, and such other property, as may be used exclusively for agricultural and horticultural socie- ties, for school, religious, cemetery and charitable purposes, may be exempted from taxation ; but such exemption shall be only by general law. In the assessment of real estate incumbered by public ease- 24C ILLINOIS AND THE NATION ment, any depreciation occasioned by such easement may be deducted in the valuation of such property. SEC. 4. The General Assembly shall provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes or special assessments, for state, county, municipal or other pur- poses, that a return of such unpaid taxes or assessments shall be made to some general officer of the county, having authority to receive state and county taxes; and there shall be no. sale of said property for any of said taxes or assessments but by said' officer, upon the order or judgment of some court of record. SEC. 5. The right of redemption from all sales of real estate, for the non-payment of taxes or special assessments of any charac- ter whatever shall exist in favor of owners and persons interested in such real estate, for a period of not less than two years from such sales thereof. And the General Assembly shall provide, by law, for reasonable notice to be given to the owners of parties interested, by publication or otherwise, of the fact of the sale of the property for such taxes or assessments, and when the time of redemption shall expire: Provided, that occupants shall in all cases be served with personal notice before the time of redemption expires. SEC. 6. The General Assembly shall have no power to release or discharge any county, city, township, town or district, whatever, or the inhabitants thereof, or the property therein, from their or its proportionate share of taxes to be levied for state purposes, nor shall commutation for such taxes be authorized in any form whatsoever. SEC. 7. All taxes levied for state purposes shall be paid into the state treasury. SEC. 8. County authorities shall never assess taxes, the aggre- gate of which shall exceed seventy-five cents per one hundred dollars' valuation, except for the payment of indebtedness existing at the adoption of this Constitution, unless authorized by a vote of the people of the county. SEC. 9. The General Assembly may vest the corporate authori- ties of cities, towns, and villages, with power to make local improve- ments by special assessment or by special taxation of contiguous property, or otherwise. For all other corporate purposes, all munic- ipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform in respect to persons and property, within the jurisdiction of the body imposing the same. SEC. 10. The General Assembly shall not impose taxes upon APPENDIX 247 municipal corporations, or the inhabitants or property thereof, for corporate purposes, but shall require .that all the taxable property within the limits of municipal corporations shaH be taxed for the payment of debts contracted under authority of law, such taxes to be uniform in respect to persons and property, within the juris- diction of the body imposing the same. Private property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal corporation. SEC. II. No person who is in default, as collector or custodian of money or property belonging to a municipal corporation, shall be eligible to any office in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office, shall be increased or diminished during such term. SEC. 12. No county, city, township, school district, or other municipal corporation shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebt- edness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes, previous to the incurring of such indebt- edness. Any county, city, school district, or other municipal corpo- ration, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be construed to prevent any county, city, township, school district, or other municipal corporation from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this Constitution in pursuance of any law providing therefor. SEC. 13. The corporate authorities of the City of Chicago are hereby authorized to issue interest-bearing bonds of said city to an amount not exceeding five million dollars, at a rate of interest not to exceed five per centum per annum, the principal payable within thirty years from the date of their issue, and the proceeds thereof shall be paid to the treasurer of the World's Columbian Exposition, and used and disbursed by him under the direction and control of the directors, in aid of the World's Columbian Exposition, to be held in the City of Chicago, in pursuance of an act of Congress of the United States: Provided, that if at an election for the adop- 248 ILLINOIS AND THE NATION tion of this amendment to the Constitution a majority of the votes cast within the limits of the City of Chicago shall be against its adoption, then no bonds shall be issued under this amendment. And said corporate authorities shall be repaid as large a propor- tionate amount of the aid given by them as is repaid to the stock- holders on the sums subscribed and paid by them, and the money so received shall be used in the redemption of the bonds issued as aforesaid, provided that said authorities may take in whole or in part of the sum coming to them any permanent improvements placed on land held or controlled by them: And, provided further, that no such indebtedness so created shall in any part thereof be paid by the state, or from any state revenue, tax or fund, but the same shall be paid by the said City of Chicago alone. ARTICLE X COUNTIES SECTION i. No new county shall be formed or established by the General Assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than four hundred square miles ; nor shall any county be formed of less contents; nor shall any line thereof pass within less than ten miles of any county seat of the county or counties proposed to be divided. SEC. 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county, voting on the question, shall vote for the same. SEC. 3. There shall be no territory stricken from any county, unless a majority of the voters living in such territory, shall petition for such division ; and no territory shall be added to any county without the consent of the majority of the voters of the county to which it is proposed to be added. But the portion so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for, and obliged to pay its proportion of the indebtedness of the county from which it has been taken. COUNTY SEATS SEC. 4. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed in pursuance of law, and three-fifths of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted APPENDIX 249 in favor of its removal to such point; and no person shall vote on such question who has not resided in the county six months, and in the election precinct ninety days next preceding such election. The question of the removal of a county seat shall not be oftener submitted than once in ten years, to a vote of the people. But when an attempt is made to remove a county seat to a point nearer to the center of a county, then a majority vote only shall be necessary. COUNTY GOVERNMENT SEC. 5. The General Assembly shall provide, by general law, for township organization, under which any county may organize whenever a majority of the legal voters of such county, voting at any general election, shall so determine, and whenever any county shall adopt township organization, so much of this Constitution as provides for the management of the fiscal concerns of the said county by the board of county commissioners, may be dispensed with, and the affairs of said county may be transacted in such manner as the General Assembly may provide. And in any county that shall have adopted a township organization, the question of continuing the same may be submitted to a vote of the electors of such county, at a general election, in the manner that now is or may be provided by law; and if a majority of all the votes cast upon that question shall be against township organization, then such organization shall cease in said county; and all laws in force in relation to counties not having township organization shall imme- diately take effect and be in force in such county. No two town- ships shall have the same name, and the day of holding the annual township meeting shall be uniform throughout the state. SEC. 6. At the first election of county judges under this Con- stitution, there shall be elected in each of the counties in this state, not under township organization, three officers, who shall be styled "The Board of County Commissioners," who shall hold sesssions for the transaction of county business as shall be provided by law. One of said commissioners shall hold his office for one year, one for two years, and one for three years, to be determined by lot ; and every year thereafter one such officer shall be elected in each of said counties for the term of three years. SEC. 7. The county affairs of Cook County shall be managed by a board of commissioners of fifteen persons, ten of whom shall be elected from the City of Chicago, and five from towns outside of said city, in such manner as may be provided by law. 250 ILLINOIS AND THE NATION COUNTY OFFICERS AND THEIR COMPENSATION SEC. 8. In each county there shall be elected the following county officers, at the general election to be held on the Tuesday after the first Monday in November, A. D., 1882: A county judge, county clerk, sheriff, and treasurer, and at the election to be held on the Tuesday after the first Monday in November, A. D., 1884, a coroner and clerk of the circuit court (who may be ex-officio recorder of deeds, except in counties having 60,000 and more inhab- itants, in which counties a recorder of deeds shall be elected at the general election in 1884). Each of said officers shall enter upon the duties of his office, respectively, on the first Monday of December after his election, and they shall hold their respective offices for the term of four years, and until their successors are elected and quali- fied : Provided, that no person having once been elected to the office of sheriff or treasurer shall be eligible to re-election to said office for four years after the expiration of the term for which he shall have been elected. SEC. 9. The clerks of all the courts of record, the treasurer, sheriff, coroner and recorder of deeds of Cook County, shall receive as their only compensation for their services, salaries to be fixed by law, which shall in no case be as much as the lawful compensation of a judge of the circuit court of said county, and shall be paid, respectively, only out of the fees of the office actually collected. All fees, perquisites and emoluments (above the amounts of said sala- ries) shall be paid into the county treasury- The number of the deputies and assistants of such officers shall be determined by rule of the circuit court, to be entered of record, and their compensation shall be determined by the county board. SEC. 10. The county board, except as provided in section nine of this article, shall fix the compensation of all county officers, with the amount of their necessary clerk hire, stationery, fuel and other expenses, and in all cases where fees are provided for, said compen- sation shall be paid only out of, and shall in no instance exceed, the fees actually collected, they shall not allow either of them more per annum than fifteen hundred dollars, in counties not exceeding twenty thousand inhabitants ; two thousand dollars, in counties containing twenty thousand and not exceeding thirty thousand inhabitants; twenty-five hundred dollars, in counties containing thirty thousand and not exceeding fifty thousand inhabitants ; three thousand dollars, in counties containing fifty thousand and not exceeding seventy thou- sand inhabitants; thirty-five hundred dollars, in counties containing APPENDIX 251 seventy thousand and not exceeding one hundred thousand inhabit- ants; and four thousand dollars, in counties containing one hundred thousand and not exceeding two hundred and fifty thousand inhabit- ants ; and not more than one thousand dollars additional compensa- tion for each additional one hundred thousand inhabitants : Pro- vided, that the compensation of no officer shall be increased or diminished during his term of office. All fees or allowances by them received, in excess of their said compensation, shall be paid into the county treasury. SEC. ii. The fees of township officers, and of each class of county officers, shall be uniform in the class of counties to which they respectively belong. The compensation herein provided for shall apply only to officers hereafter elected, but all fees established by special laws shall cease at the adoption of this Constitution, and such officers shall receive only such fees as are provided by general law. SEC. 12. All laws fixing the fees of state, county, and township officers shall terminate with the terms respectively of those who may be in office at the meeting of the first General Assembly after the adoption of this constitution; and the General Assembly shall, by general law, uniform in its operation, provide for and regulate the fees of said officers and their successors, so as to reduce the same to a reasonable compensation for services actually rendered. But the General Assembly may, by general law, classify the counties by population into not more than three classes, and regulate the fees according to class. This article shall not be construed as depriving the General Assembly of the power to reduce the fees of existing officers. SEC. 13. Every person who is elected or appointed to any office in this state, who shall be paid in whole or in part by fees, shall be required by law to make a semi-annual report, under oath, to some officer to be designated by law, of all his fees and emoluments. ARTICLE XI CORPORATIONS SECTION 1. No corporation shall be created by special laws, or its charter extended, changed, or amended, except those for charitable, educational, penal, or reformatory purposes, which are to be and remain under the patronage and control of the state, but the General Assembly shall provide, by general laws, for the organi- zation of all corporations hereafter to be created. 252 ILLINOIS AND THE NATION SEC. 2. All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall not have been in operation within ten days from the time this Constitution takes effect, shall thereafter have no validity or effect whatever. SEC. 3. The General Assembly shall provide, by law, that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors and managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock, shall equal, or distribute them on the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner. SEC. 4. No law shall be passed by the General Assembly grant- ing the right to construct and operate a street railroad within any city, town, or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad. SEC. 5. No state bank shall hereafter be created, nor shall the state own or be liable for any stock in any corporation or joint stock company or association for banking purposes, now created, or to be hereafter created. No act of the General Assembly authorizing or creating corporations or associations, with banking powers, whether of issue, deposit or discount, nor amendments thereto, shall go into effect, or in any manner be in force, unless the same shall be sub- mitted to a vote of the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such an election for or against such law. SEC. 6. Every stockholder in a banking corporation or institu- tion shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all liabilities accruing while he or she remains such stockholder. SEC. 7. The suspension of specie payments by banking institu- tions, on their circulation, created by the laws of this state, shall never be permitted or sanctioned. Every banking association now, or which may hereafter be, organized under the laws of this state APPENDIX 253 shall make and publish a full and accurate quarterly statement of its affairs (which shall be certified to, under oath, by one or more of its officers), as may be provided by law. SEC. 8. If a general banking law shall be enacted, it shall pro- vide for the registry and countersigning, by an officer of state, of all bills or paper credit, designed to circulate as money, and require security, to the full amount thereof, to be deposited with the State Treasurer, in United States or Illinois State stocks, to be rated at ten per cent below their par value; and in case of a depreciation of said stocks to the amount of ten per cent below par, the bank or banks owning said stocks shall be required to make up said defi- ciency, by depositing additional stocks. And said law shall also provide for the recording of the names of all stockholders in such corporation, the amount of stock held by each, the time of any transfer thereof, and to whom such transfer is made. RAILROADS SEC. 9. Every railroad corporation organized or doing business in this state, ifhder the laws or authority thereof, shall have and maintain a public office or place in this state for the transaction of its business, where transfers of stock shall be made and in which shall be kept for public inspection books in which shall be recorded the amount of capital stock subscribed, and by whom ; the names of the owners of its stock, and the amounts owned by them respec- tively; the amount of stock paid in, and by whom; the transfers of said stock ; the amount of its assets and liabilities, and the names and places of residence of its officers. The directors of every rail- way corporation shall, annually, make a report, under oath, to the auditor of public accounts, or some officer to be designated by law, of all their acts and doing, which report shall include such matters relating to railroads as may be prescribed by law. And the General Assembly shall pass laws enforcing by suitable penalties the pro- visions of this section. SEC. 10. The rolling stock, and all other movable property be- longing to any railroad company or corporation in this state, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale. SEC. 11. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a 254 ILLINOIS AND THE NATION parallel or competing line; and in no case shall any consolidation take place except upon public notice given, of at least sixty days, to all stockholders, in such manner as may be provided by law. A majority of the directors of any railroad corporation, now incor- porated or hereafter to be incorporated by the laws of this state, shall be citizens and residents of this state. SEC. 12. Railways heretofore constructed or that may hereafter be constructed in this state, are hereby declared public highways, and shall be free to all persons, for the transportation of their per- sons and property thereon, under such regulations as may be pre- scribed by law. And the General Assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this state. SEC. 13. No railroad corporation shall issue any stocks or bonds, except for money, labor or property, actually received, and applied to the purpose for which such corporation was created; and all stock dividends, and other fictitious increase of capital stock or indebtedness of any such corporation shall be void. The capital stock of no railroad corporation shall be increased for any purpose, except upon giving sixty days' public notice, in such manner as may be provided by law. SEC. 14. The exercise of the power, and the right of eminent domain shall never be so construed or abridged as to prevent the taking, by the General Assembly, of the property and franchises of incorporated companies already organized, and subjecting them to the public necessity the same as of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compensa- tion, when, in the exercise of the said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right. SEC. 15. The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws, by adequate penalties, to the extent, if neces- sary for that purpose, of forfeiture of their property and franchises. ARTICLE XII MILITIA SECTION 1. The militia of the State of Illinois shall consist of all able-bodied male persons, residents in the state, between the APPENDIX 255 ages of eighteen and forty-five, except such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this state. SEC. 2. The General Assembly, in providing for the organiza- tion, equipment and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States. SEC. 3. All militia officers shall be commissioned by the Gov- ernor, and may hold their commissions for such time as the General Assembly may provide. SEC. 4. The militia shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attend- ance at musters and elections, and in going to and returning from the same. SEC. 5. The military records, banners and relics of the state shall be preserved as an enduring memorial of the patriotism and valor of Illinois, and it shall be the duty of the General Assembly to provide by law for the safe keeping of the same. SEC. 6. No person having conscientious scruples against bear- ing arms shall be compelled to do military duty in time of peace: Provided, such person shall pay an equivalent for such exemptioa ARTICLE XIII WAREHOUSES SECTION r. All elevators or storehouses where grain or other property is stored for a compensation, whether the property stored be kept separate or not, are declared to be public warehouses. SEC. 2. The owner, lessee, or manager of each and every public warehouse situated in any town or city of not less than one hundred thousand inhabitants, shall make weekly statements under oath, be- fore some officer to be designated by law, and keep the same posted in some conspicuous place in the office of said warehouse, and shall also file a copy for public examination in such place as shall be designated by law, which statement shall correctly set forth the amount and grade of each and every kind of grain in such ware- house, together with such other property as may be stored therein, and what warehouse receipts have been issued, and are, at the time of making such statement, outstanding therefor; and shall, on the copy posted in the warehouse, note daily changes as may be made in the quantity and grade of grain in such warehouse; and the differ- ent grades of grain shipped in separate lots shall not be mixed with 256 ILLINOIS AND THE NATION inferior or superior grades, without the consent of the owner or consignee thereof. SEC. 3. The owners of property stored in any warehouse, or holder of a receipt for the same, shall always be at liberty to examine such property stored, and all the books and records of the warehouse, in regard to such property. SEC. 4. All railroad companies and other common carriers on railroads shall weigh or measure grain at such points where it is shipped, and receipt for the full amount, and shall be responsible for the delivery of such amount to the owner or consignee thereof, at the place of destination. SEC. 5. All railroad companies receiving and transporting grain in bulk or otherwise shall deliver the same to any consignee thereof, or any elevator or public warehouse to which it may be consigned, provided such consignee or the elevator or public warehouse can be reached by any track owned, leased or used, or which can be used, by such railroad companies ; and all railroad companies shall permit connections to be made with their track, so that any such consignee, and any public warehouse, coal bank or coal yard, may be reached by the cars on said railroad. SEC. 6. It shall be the duty of the General Assembly to pass all necessary laws to prevent the issue of false and fraudulent ware- house receipts, and to give full effect to this article of the constitu- tion, which shall be liberally construed so as to protect producers and shippers. And the enumeration of the remedies herein named shall not be construed to deny to the General Assembly the power to describe by law such other and further remedies as may be found expedient, or to deprive any person of existing common law remedies. SEC. 7. The General Assembly shall pass laws for the inspec- tion of grain, for the protection of producers, shippers, and receivers of grain and produce. ARTICLE XIV AMENDMENTS TO THE CONSTITUTION SECTION 1. Whenever two-thirds of the members of each house of the General Assembly shall, by a vote entered upon the journals thereof, concur that a convention is necessary to revise, alter or amend the Constitution, the question shall be submitted to the electors at the next general election. If a majority voting at the election vote for a convention, the General Assembly shall, at the APPENDIX 257 next session, provide for a convention, to consist of double the number of members of the Senate, to be elected in same manner, at the same places, and in the same districts. The General Assembly shall, in the act of calling the convention, designate the day, hour and place of its meeting, fixing the pay of its members and officers, and provide for the payment of the same, together with the ex- penses necessarily incurred by the convention in the performance of its duties. Before proceeding, the members shall take an oath to support the Constitution of the United States and of the State of Illinois, and to faithfully discharge their duties as members of the convention. The qualification of members shall be the same as that of members of the Senate, and vacancies occurring shall be filled in the manner provided for filling vacancies in the General Assem- bly. Said convention shall meet within three months after such elec- tion, and prepare such revision, alteration or amendments of the Constitution as shall be deemed necessary, which shall be submitted to the electors for their ratification or rejection, at an election appointed by the convention for that purpose, not less than two nor more than six months after the adjournment thereof; and unless so submitted and approved, by a majority of the electors voting at the election, no such revision, alteration or amendments shall take effect. SEC. 2. Amendments to this Constitution may be proposed in either house of the General Assembly, and if the same shall be voted for by two-thirds of all the members elected to each of the two houses, such proposed amendments, together with the yeas and nays of each house thereon, shall be entered in full on their respec- tive journals, and said amendments shall be submitted to the electors of this state for adoption or rejection, at the next election of mem- bers of the General Assembly, in such manner as may be prescribed by law. The proposed amendments shall be published in full at k.i~t three months preceding the election, and if a majority of the electors voting at said election shall vote for the proposed amend- ments, they shall become a part of this Constitution. But the General Assembly shall have no power to propose amendments to more than one article of this Constitution at the same session, nor to the same article oftener than once in four years. SECTIONS SEPARATELY SUBMITTED ILLINOIS CENTRAL RAILROAD No contract, obligation or liability whatever, of the Illinois Central Railroad Company, to pay any money into the state treasury, 258 ILLINOIS AND THE NATION nor any lien of the state upon, or right to tax property of said com- pany, in accordance with the provisions of the charter of said com- pany, approved February tenth, in the year of our Lord one thousand eight hundred and fifty-one, shall ever be released, suspended, modi- fied, altered, remitted, or in any manner diminished or impaired by legislative or other authority ; and all moneys derived from said company, after the payment of the state debt, shall be appropriated and set apart for the payment of the ordinary expenses of the state government, and for no other purposes whatever. MINORITY REPRESENTATION (See Sections 7 and 8, Article IV) MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS No county, city, town, township, or other municipality shall ever become subscriber to the capital stock of any railroad or private corporation, or make donation to or loan its credit in aid of such corporation : Provided, however, that the adoption of this article shall not be construed as affecting the right of any such munici- pality to make such subscriptions where the same have been author- ized, under existing laws, by a vote of the people of such munici- palities prior to such adoption. CANAL The Illinois and Michigan Canal, or other canal or waterway owned by the state, shall never be sold or leased until the specific proposition for the sale or lease thereof shall first have been sub- mitted to a vote of the people of the state at a general election, and have been approved by a majority of all the votes polled at such election. The General Assembly shall never loan the credit of the state, or make appropriations from the treasury thereof, in aid of railroads or canals : Provided, that any surplus earnings of any canal, waterway, or water power may be appropriated or pledged for its enlargement, maintenance or extension : And, provided, fur- ther, that the General Assembly may, by suitable legislation, pro- vide for the construction of a deep waterway or canal from the present water power plant of the Sanitary District of Chicago, at or near Lockport, in the Township of Lockport, in the County of Will, to a point in the Illinois River at or near Utica, which may be practical for a general plan and scheme of deep waterway along a route, which may be deemed most advantageous for such plan APPENDIX * 259 of deep waterway, and for the erection, equipment and maintenance of power plants, locks, bridges, dams and appliances sufficient and suitable for the development and utilization of the water power thereof; and authorize the issue, from time to time, of bonds of this state in a total amount not to exceed twenty million dollars, which shall draw interest, payable semi-annually, at a rate not to exceed four per cent, per annum, the proceeds whereof may be applied as the General Assembly may provide, in the construction of said waterway and in the erection, equipment, and maintenance of said power plants, locks, bridges, dams, and appliances. All power developed from said waterway may be leased in part or in whole, as the General Assembly may by law provide; but in the event of any lease being so executed, the rental specified therein for water power shall be subject to a re-valuation each ten years of the term created, and the income therefrom shall be paid into the treasury of the state. SCHEDULE That no inconvenience may arise from the alterations and amend- ments made in the Constitution of this state, and to carry the same into complete effect, it is hereby ordained and declared : SECTION I. That all laws in force at the adoption of this Constitution, not inconsistent therewith, and all rights, actions, prose- cutions, claims and contracts of the state, individuals, or bodies cor- porate, shall continue to be as valid as if this Constitution had not been adopted. SEC. 2. That all fines, taxes, penalties and forfeitures, due and owing to the State of Illinois under the present Constitution and laws, shall inure to the use of the people of the State of Illinois, under this Constitution. SEC. 3. Recognizances, bonds, obligations, and all other instru- ments entered into or executed before the adoption of this Constitu- tion, to the people of the State of Illinois, to any state or county officer or public body, shall remain binding and valid; and rights and liabilities upon the same shall continue, and all crimes and mis- demeanors shall be tried and punished as though no change had been made in the Constitution of this state. SEC. 4. County courts for the transaction of county business in counties not having adopted township organization, shall continue in existence, and exercise their present jurisdiction until the board of county commissioners provided in this Constitution, is organized 260 ' ILLINOIS AND THE NATION in pursuance of an act of the General Assembly ; and the county courts in all other counties shall have the same power and juris- diction they now possess until otherwise provided by law. SEC. 5. All existing courts which are not in this Constitution specifically enumerated, shall continue in existence and exercise their present jurisdiction until otherwise provided by law. SEC. 6. All persons now filling any office or appointment shall continue in the exercise of the duties thereof according to their respective commissions or appointments, unless by this Constitution it is otherwise directed. [Sections 7 to 17, inclusive, providing for the submission of this Constitution to the people, became inoperative by its adoption, and are consequently omitted.] SEC. 18. All laws of the State of Illinois, and all official writ- ings, and the executive, legislative, and judicial proceedings shall be conducted, preserved and published in no other than the English language. SEC. 19. The General Assembly shall pass all laws necessary to carry into effect the provisions of this Constitution. SEC. 20. The circuit clerks of the different counties, having a population over sixty thousand, shall continue to be recorders (ex- officio) for their respective counties, under this Constitution, until the expiration of their respective terms. SEC. 21. The judges of all courts of record in Cook County shall, in lieu of any salary provided for in this Constitution, receive the compensation now provided by law until the adjournment of the first session of the General Assembly after the adoption of this Constitution. SEC. 22. The present judge of the circuit court of Cook County shall continue to hold the circuit court of Lake County until other- wise provided by law. SEC. 23. When this Constitution shall be adopted, and take effect as the supreme law of the State of Illinois, the two-mill tax provided to be annually assessed and collected upon each dollar's worth of taxable property, in addition to all other taxes, as set forth in article fifteen of the now existing Constitution, shall cease to be assessed after the year of our Lord one thousand eight hundred and seventy. SEC. 24. Nothing contained in this Constitution shall be con- strued as to deprive the General Assembly of power to authorize the City of Quincy to create any indebtedness for railroad or municipal APPENDIX 261 purposes for which the people of said city shall have voted, and to which they shall have given, hy such vote, their assent, prior to the thirteenth day of December, in the year of our Lord one thousand eight hundred and sixty-nine: Provided, that no such indebte dne ss, so created, shall, in any part thereof, he paid by the state, or from any state revenue tax or fund, but the same shall be paid, if at all, by the said City of Quincy alone, and by taxes to be levied upon the taxable property thereof: And provided, further, that the Gen- eral Assembly shall have no power in the premises that it could not exercise under the present Constitution of this State. SEC. 25. In case this Constitution and the articles and sections submitted separately, be adopted, the existing Constitution shall cease in all its provisions; and in case this Constitution be adopted, and any one or mofc of the articles or sections submitted separately be defeated, the provisions of the existing Constitution, if any, on the same subject, shall remain in force. SEC. 26. The provisions of this Constitution required to be exe- cuted prior to the adoption or rejection thereof, shall take effect and be in force immediately. CONVICT LABOR Hereafter, it shall be unlawful for the commissioners of any penitentiary, or other reformatory institution in the State of Illinois, to let by contract to any person or persons, or corporations, the labor of any convict confined within said institution. CONSTITUTION OF THE UNITED STATES PREAMBLE We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I THE LEGISLATIVE POWER SECTION I. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. THE HOUSE OF REPRESENTATIVES SEC. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to serv- ice for a term of years, and excluding Indians not taxed, three- fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the 262 APPENDIX 263 United States, and within every subsequent term of ten years, in such .manner as they shall by law direct. The number of Repre- sentatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative ; and, until such enumera- tion shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. , The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment. THE SENATE SEC. 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the ex- piration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if the vacancies happen by resignation, or otherwise, dur- ing the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they shall be equally divided. The Senate shall choose their other officers, and shall have a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeachments. 264 ILLINOIS AND THE NATION When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside ; and no person shall be convicted without the concur- rence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law. MANNER OF ELECTING MEMBERS SEC. 4. The times, places, and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choos- ing Senators. CONGRESS TO ASSEMBLE ANNUALLY The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. SEC. 5. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, «with the concurrence of two-thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall, without consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. APPENDIX 265 COMPENSATION OF MEMBERS SEC. 6. The Senators and Representatives shall receive a com- pensation, for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United "States, which shall have been created, or the emolu- ments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a mem- ber of either house during his continuance in office. MANNER OF PASSINC BILLS SEC. 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsid- eration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevents its return, in which case it shall not be a law. Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States; and before the same shall take effect, shall be 266 ILLINOIS AND THE NATION approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. POWER OF CONGRESS SEC. 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States ; To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the sev- eral states, and with the Indian tribes; To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; To provide for the punishment of counterfeiting the securities and current coin of the United States; To establish post offices and post roads ; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ; To constitute tribunals inferior to the supreme court; To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; To exercise exclusive legislation in all cases whatsoever, over APPENDIX 267 such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and To make all laws which shall be necessary and proper for carry- ing into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. t LIMITATION OF THE POWER OF CONGRESS SEC. 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such im- portation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation, or other direct tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce of revenue to the ports of one state over those of another; nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be pub- lished from time to time. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolu- ment, office or title, of any kind whatever, from any king, prince or foreign state. LIMITATIONS OF THE POWERS OF THE INDIVIDUAL STATES SEC. 10. No state shall enter into any treaty, alliance, or con- 268 ILLINOIS AND THE NATION federation; grant letters of marque or reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts or grant any title of nobility. No state shall, without the consent of the Congress, lay any im- posts or duties on imports or exports, except what may be abso- lutely necessary for executing its inspection laws; and the net pro- duce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such immi- nent danger as will not admit of delay. ARTICLE II EXECUTIVE POWER SECTION i. The executive power shall be vested in a Presi- dent of the United States of America. He shall hold his office during the term of four years, and together with the Vice-Presi- dent, chosen for the same term, be elected as f oltows : MANNER OF ELECTING Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole num- ber of Senators and Representatives to which the state may be entitled in the Congress ; but no Senator or Representatives, or person holding an office of trust or profit under the United States, shall be appointed an elector. (The following provisions were changed by the 12th amend- ment.) The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabit- ant of the same state as themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the presi- APPENDIX 269 dent of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall imme- diately chose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall •consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-Presi- dent. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice- President. TIME OF CHOOSING ELECTORS The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. WHO ELIGIBLE No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible .to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States. WHEN THE PRESIDENT'S POWER DEVOLVES ON THE VICE-PRESIDENT In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer 270 ILLINOIS AND THE NATION shall act accordingly until the disability be removed, or a President shall be elected. president's compensation The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. OATH Before he enter on the execution of his office, he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and de- fend the Constitution of the United States." POWERS AND DUTIES SEC. 2. The President shall be Commander-in-Chief of the army and navy of the United States, and of the militia of the several states when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relat- ing to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and con- sent of the Senate, shall appoint ambassadors, other public min- isters and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. SEC. 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expe-' APPENDIX 271 dient; he may, on extraordinary occasions, convene both houses or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. OFFICERS REMOVED SEC. 4. The President, Vice-President, and all civil officers of the United States, shall be removed from office, on impeachment for, and conviction of, treason, bribery, or other high crimes and misde- meanors. ARTICLE III THE JUDICIARY SECTION I. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. (The following provision was altered by the nth Amendment.) SEC. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction, to controversies to which the United States shall be a party; to con- troversies between two or more states, between a state and citizens of another state; between citizens of different states; between citi- zens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. JURISDICTION OF SUPREME COURT In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases be- fore mentioned, the supreme court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regu- lations as the Congress shall make. 272 ILLINOIS AND THE NATION TRIALS FOR CRIMES The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. TREASON SEC. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV STATE ACTS SECTION 1. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. PRIVILEGES OF CITIZENS SEC. 2. The citizens of each state shall be entitled to all priv- ileges and immunities of citizens in the several states. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdic- tion of the crime. RUNAWAYS TO BE DELIVERED UP No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation thereof, be discharged from such service or labor, but shall be delivered upon claim of the party to whom such service or labor may be due. APPENDIX 273 NEW STATES SEC. 3. New states may be admitted by the Congress into this union; but no new state shall be formed or erected within tin jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the states concerned as well as of the Congress. TERRITORIAL AND OTHER PROPERTY The Congress shall have power to dispose of, and make all need- ful rules and regulations respecting the territory, or this property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. SEC. 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. ARTICLE V AMENDMENTS The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution; or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by Congress ; Provided, that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI DEBTS All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation. 274 ILLINOIS AND THE NATION SUPREME LAW OF THE LAND This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the su- preme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. OATH — NO RELIGIOUS TEST The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this Constitution ; but no religious test shall ever be required as a qualification to any office, or public trust, under the United States. ARTICLE VII The ratifications of the conventions of nine states shall be suffi- cient for the establishment of this Constitution between the states so ratifying the same. Done in convention, by the unanimous consent of the states pres- ent, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. GEORGE WASHINGTON, President and Deputy from Virginia. New Hampshire — John Langdon, Nicholas Gilman. Massachu- setts — Nathaniel Gorhan, Rufus King. Connecticut — William Samuel Johnson, Roger Sherman. New York — Alexander Hamilton. New Jersey — William Livingston, David Brearley, William Patter- son, Jonathan Dayton. Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouverneur Morris. Delaware — George Read, Gunning Bedford, Jr., John Dickinson, Richard Bassett, Jacob Broom. Maryland — James M'Henry, Daniel of St. Tho. Jenifer, Daniel Carroll. Virginia — John Blair, James Madison, Jr. North Carolina — William Blount, Richard Spaight, Hugh Williamson. South Carolina — John Rutledge, C. Coatesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia — William Few, Abraham Baldwin. Attest: William Jackson, Secretary. APPENDIX 275 AMENDMENTS TO THE CONSTITUTION [The first ten amendments were proposed by Congress at their first session, in 1789, and ratified by the states in 1791] I FREE EXERCISE OF RELIGION Congress shall make no law respecting an establishment of re- ligion, or prohibiting a free exercise thereof ; or abridging the free- dom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the government for a redress of griev- ances. II RIGHT TO BEAR ARMS A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be in- fringed. Ill QUARTERING OF SOLDIERS No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. IV UNREASONABLE SEARCHES PROHIBITED The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. V CRIMINAL PROCEEDINGS No person shall be held to answer for a capital or otherwise in- famous crime, unless on a presentation or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor 276 ILLINOIS AND THE NATION shall any person be subject for the same offense to be put twice in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself ; nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation. VI MODE OF TRIAL In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and dis- trict wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense. VII RIGHT OF TRIAL BY JURY In suits of common law, where the value in controversy shall ex- ceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by jury shall be otherwise re-examined in any court of the United States than according to the rules of the com- mon law. VIII BAIL AND FINES Excessive bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted. IX RIGHTS NOT ENUMERATED The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. POWERS RESERVED The powers not delegated to the United States by the Consti- tution, nor prohibited by it to the states, are reserved to the states respectively or to the people. APPENDIX 277 XI [Ratified in 1798] LIMITATION OF JUDICIAL POWERS The judicial power of the United States shall not be construed to extend to any suit in law of equity commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. XII [Ratified in 1804] ELECTION OF PRESIDENT The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as President, and in dis- tinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors ap- pointed; and if no person have such a majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President But in choosing the President, the vote shall be taken by states, the representation from each state having one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the states and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of death or other constitutional disability of the President. 278 ILLINOIS AND THE NATION The person having the greatest number of votes as Vice-Presi- dent shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President. A quorum for that purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. XIII [Ratified in 1865] SLAVERY SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. SEC. 2. Congress shall have power to enforce this article by appropriate legislation. XIV [Ratified in 1868] CITIZENSHIP SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States. Nor shall any state deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. SEC. 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed; but whenever the right to vote at any election of electors for President and Vice-President of the United States, Representative in Con- gress, executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion APPENDIX 279 or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in that state. SEC. 3. No person shall be a Senator or Representative in Congress, elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constituton of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may by a vote of two-thirds of each House, remove such disability. SEC. 4. The validity of the public debt of the United States authorized by law, including debts incurred for the payment of pensions and bounties for service in suppressing insurrection or rebellion, shall not be questioned; but neither the United States nor any state shall assume to pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave, but all such debts, obligations, and claims shall be illegal and void. SEC. 5. The Congress shall have power to enforce, by appro- priate legislation, the provisions of this article. XV [Ratified in 1870] RIGHT TO VOTE SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state, on account of race, color, or previous condition of servitude. SEC. 2. Congress shall have power to enforce this article by appropriate legislation. XVI [Ratified in 1913] INCOME TAX The Congress shall have power to lay and collect taxes on in- comes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration. 280 ILLINOIS AND THE NATION XVII [Ratified in 1913] DIRECT ELECTION OF SENATORS SECTION 1. The Senate of the United States shall be com- posed of two Senators from each state, elected by the people thereof for six years, and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures. SEC. 2. When vacancies happen in the representation of any state in the Senate the executive authority of such state shall issue writs of election to fill such vacancies : Provided, that the legisla- ture of any state may empower the executive thereof to make tem- porary appointments until the people fill the vacancies by election as the legislature may direct. SEC. 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. INDEX INDEX Administration, Board of, 191 Admission of States, 175 Advisory Vote on President, 150 Agriculture, Department of, 163 Agriculture, State Board of, 190 Aldermen, 79 Alliances of States, 174 Ambassadors, 159 Amendments to the Constitution, 176, 275 Antitrust Law, 133 Apiaries, State Inspector of, 204 Appellate Courts, 43 Appointment, Board of, 75 Appointments, Presidential, 153 Arbitration, State Board of. 200 Architect, State, 203 Architects, Board of Examiners of, 202 Army, United States, 138 Art Commission, State, 196 Articles of Confederation, 116 Assessor, 73 Attendance, Compulsory, 104 Attorney-General of the United States, 162 Attorney-General, State. 41 Auditor, State, 39 Australian System, 67 Bankruptcy, 135 Barbers, Board of Examiners, 202 Base Line, 4 Board of Appointment, 75 Board of Arbitration, State. 200 Board of County Commissioners, 57 Board of Examiners of Architects, 202 Board of Health, 76, 199 Board of Pharmacy, 199 Board of Review, 74 Board of Supervisors, 54 Board of Town Auditors, 76 Boards of Education, 105 Boundary of Illinois, 2 Cabinet, President's, 164 Canal Commissioners, 200 Canvassing Board, 188 Capitals of Illinois, 2 Certificates, State, 92 Charitable Institutions, State, 108, 183 Charities Commissions, 198 Circuit Courts of Appeal, 170 Circuit Courts, State, 44 Circuits, Judicial, 171, 208, 214 Cities, 53 Citizenship, 105, 172 City and Village Government, 79- 89; Aldermen, 79; Attorney, 82; Cities under General Law, 79; Cities under Special Charters. 79; Clerk, 81; Comptroller. 82; Corporation Counsel. 82; Coun- cil, 79; Courts, 82; Marshal, 83; Mayor, 80; Policemen, 83; Sal- ary of Aldermen, 80; Superin- tendent of Streets, 82; Taxes. 80; Treasurer. 81; Wards, 79. Civics, 105 Civil Right*, 144, 176 Civil Service, 155 Civil Service Commission, State, 194 Coal Mines, Inspectors of, 203 Coasting Trade, 144 Coining Money, 135 283 284 INDEX Collector, 74 Commerce, 132 Commerce, Department of, 163 Commission Form of Municipal Government, 84-89; Abandon- ment of Commission Form, 89; Council, 85; Election, 84; Execu- tive Department, 86; Initiative, 87; Nomination, 84; Officers, 84; Organization, 84; Recall, 88; Referendum, 87; Salaries, 86 Commissioner of Deeds, 205 Commissioners of Labor, 197 Commissioners of State Contracts, 189 Commissioners of State Library, 189 Commutations, 37 Compulsory Attendance, 104 Congress, 118; Adjournments, 127; Apportionments, 120; Bills for Revenue, 122; Commerce, 132; Disabilities, 128; Duties, 129, 143, 175; Eligibility, 119, 124; Impeachment, 122, 125; Jour- nals, 127; Meetings, 126; Mem- bership, 126; Oath, 128; Officers, 122, 124; Powers, 128, 140; Priv- ileges, 127; Quorum, 126; Rules, 127; Salaries, 127; Taxes, 129, 143; Vacancies, 121; Yeas and Nays, 127 Congressional Apportionment, 120 Congressional Districts, 120, 208, 212 Congressional Township, 5, 49 Congressmen at Large, 120 Constables, 78 Constitution of Illinois, 217 Constitution of the United States, 262 Constitutional Convention, 206 Consuls, 159 Contracts, State, 31 Conventions, National, 149 Cook County Commissioners, 57 Cook County Courts, 46 Copyrights, 137 Coroner, 64 Corporation Counsel, 82 Correction Lines, 6 Counterfeiting, 136 Counties, 49, 208, 211 Counties, Population of, 211 County Boundaries, 211 County Commissioners, Board of, 57 County Government, 54-65; Clerk, 58; Commissioners, 57; Coroner, 64; Court, 61; Executive De- partment, 57; Judicial Depart- ment, 61; Legislative Depart- ment, 54; Recorder, 59; Seat, 54; Superintendent of Highways, 60; Superintendent of Schools, 94; Surveyor, 60; Tax, 55; Treas- urer, 59 County Organization, 52 Court of Claims, State, 44 Court of Claims, United States, 172 Cruelty to Animals, Officers for Prevention of, 205 Deeds, Commissioner of, 205 Dental Examiners, State Board of, 202 Department of Agriculture, 163 Department of Commerce, 163 Department of Justice, 162 Department of Labor, 164 Department of State, 158 Department of the Interior, 163 Department of the Navy, 162 Department of War, 161 Deportation Agent, State, 192 Diplomatic Bureau, 158 Direct Taxes, 143 District Courts, 171, 208 District of Columbia, 139 Districts, Congressional, 208, 212 Districts, Judicial, 171, 208 Districts, Senatorial, 14, 208, 213 Divisions of Sections, 10 Divisions of the State, 49, 53 Domestic Bureau, 160 Double Corners, 7 Drainage, 33 Duties, 129, 143, 175 INDEX l>s:, Education, 90-107. 181 Education, Boards of. 105 Educational Institutions, State. 108. 181 Electoral Count Bill, 147 Electoral Districts, 208. 212. 213 Electoral System, 149 Engineer, Supervising. 192 Entomologist, State, 205 Envoys, 159 Equalization, State Board of. 190 Ex Post Facto Laws, 143 Examining Board, 97 Executive Department, National. 145 Executive Department, State. 33 Exemption Laws, 33 Exports, Duty on, 143 Factory Inspector, State. 203 Farmers' Institute. 183 Fire Marshal, State. 115. 204 Fish and Game Conservation Commission, 193 Fish Culturlst, 194 Food Commissioner, State, 115, 203 G Game and Fish Conservation Commission, 193 General Assembly, 13-33; Adjourn- ment. 23; Bills. 24; Committees. 19; Contempt. 22; Disabilities of members. 17; Election of Mem- bers. 14; Eligibility of Members, 16; Expulsion of Members, 22; Extra Pay, 30; Impeachment, 30; Journals, 23; Membership. 18; Oath of Members. 16; Offi- cers. 19; Organization. 22; Presi- dent of Senate. 20; Privileges of Members. 17; Quorum. 1*: Rules. 18; Salary of Members. 17; Speaker, 19; Term of Mem- bers, 16; Time and Place of Meeting. 14; Vacancies. 15; Yeaa and Nays, 23 Geological Commission, State, 190 Geologist, State, 189 Governor, 33-37; Appointment of Officers. 36; Command of Mili- tia. 37; Election. 34; Eligibility. 35; Executive Power. 36; Im- peachment. 31; Message. 3T; Oath. 35; Pardons. 37; Removal of Officers. 37; Reprieves. 37; Residence. 34; Salary, 37; Va- cancy. 35; Veto. 26 Grain Inspectors, 204 Grand Jury, 46, 56 Greenbacks, 132 Guide Meridians, 7 H Habeas Corpus, 142 Health, State Board of, 199 Health, Town Board of, 76 High School Privileges, 104 High Schools, Township, 100 Highway Commission, State, 198 Highway Commissioners, 74 Highway Engineer, State, 205 Historical Library, Trustees of, 201 Historical Sketch, State, 1 Homestead Laws, 33 Horticultural Society, State. 190 House of Representatives, Na- tional. 118; Adjournments. 127; Bills for Revenue. 122; Congres- s i o n a 1 Apportionments, 120; Congressmen at Large, 120; Disabilities. 128; Duties. 129. 143: Eligibility of Members, 119; Impeachment. 122; Journals, 127; Meetings. 126; Membership. 126; Oath. 128; Officers, US; Powers. 128. 140; Privileges, 127: Quorum, 126; Rules, 127; Sala- ries, 127; Taxes. 129, 143; Va- cancies, 121; Yeas and Nays, 127 House of Representatives, State, 13-33 I Illinois and Michigan Canal, 187 Illinois Central Railroad, 186 Illinois Territory, 1 286 INDEX Impeachment, 30. 122, 125 Incorporated Towns, 52 Indiana Territory, 1 Indictment by Grand Jury, 168 Industrial Board, 201 Initiative, 87 Institute, Farmers', 183 Institutes, Teachers', 95 Insurance Superintendent, 203 Interior, Department of, 163 Interstate Commerce Commission, 133 J Judicial Circuits, 171, 208, 214 Judicial Department, National, 165 Judicial Districts, 171, 208 Judicial Power, 165 Jury Trial, 167 Justice, Department of, 162 Justices of the Peace, 77 Labor, Commissioners of, 197 Labor, Department of, 164 Lakes and Rivers Commission, 198 Land, How Described, 8 Land, How Divided, 4 Legislative Department, National, 118 Legislative Department, State, 13 Lieutenant-Governor, 37 Limitations of the States, 174 Lincoln Homestead Trustees, 189 Lincoln Monument Commission- ers, 189 Live Stock Commissioners, 197 Lotteries, 32 M Maps, Illinois, 211, 212, 213, 214 Mayor, 80 Meridians, Guide, 7 Message, President's, 156 Militia, 110, 139 Mine Rescue Station Commission, 196 Miners' Examining Board, 195 Mining Board, State, 195 Mining Investigation Commission, 196 Ministers, 159 Minority Representation, 15 N National Conventions, 149 National Government, 116 - 179; Army, 138; Congress, 118; Ex- ecutive Department, 145; His- torical Sketch, 116; House of Representatives, 118; Judicial Department, 165; Legislative Department, 118; Navy, 138; President, 145; Senate, 123; Su- preme Court, 169 Naturalization, 134 Navy, Department of, 162 Navy, United States, 138 Normal Schools, 181 Northwest Territory, 1 Notaries Public, 115, 206 Nurse Examiners, State Board of, 202 Pardons, 37, 152 Pardons, State Board of, 200 Park Commission, Illinois, 201 Patents, 137 Personal Rights, 166, 175, 177 Petit Jury, 46, 56 Pharmacy, Board of, 199 Piracy, 137 Police Magistrates, 82 Policemen, City, 83 Population of Counties, 211 Post Office Department, 162 Post Offices and Post Roads, 136 President, The, 145; Advisory Vote, 150; Appointments, 153; Cabinet, 164; Electoral System, 149; Eligibility, 150; How Chos- en, 146; Message, 156; National Conventions, 149; Oath, 152; Pardons, 152; Salary, 165; Suc- cession, 151; Veto, 156 Prevention of Cruelty to Animals, Officers for, 205 Primary Elections, 69 INDEX J>7 Principal Meridian, 4. 8 Printer Expert, 204 Prlaon Induatrlea, Board of. 191 Probate Court, 62 Public Admlnlatratora, 206 _ Public Debt, 177 Public School Syatem, 90 - 107; Boards of Education, 105: Branches of Study, 104; Citizen- ship, 105; Compulsory Attend- ance, 104: County Superintend - iiit of Public Schools, 'M: Bx- aminlng Board. 97; High School Privileges. 104; Origin, 90; Re- lation to State Government. 91; Schedules, 104; 8chool Direc- tors. 101; School Districts. 52: School Funds, 91; School Town- ship. 50; State Superintendent of Public Instruction. 92; Teach- ers' Institutes. 95; Township High Schools. 100; Township Treasurer, 100; Trustees of Schools. 98 Public Utilities Commission. State. 192 Ranges, 9 Recall, 88 Referendum, 87 Religioua Freedom, 145 Repreaentatlvea, National. 118 Representatives, State, 13-33 Reprieves, 37 (view, Board of, 74 Ighta, Civil. 144. 175 jghts of the Citizen, 107 Ights of the States, 172 ighta, Personal. 166. 175, 177 Ivers and Lakes Commission, 198 »ad Tax, 75 S ichools— Boards of education. 105; "Branches of Study. 104; Citizen- ship. 105; Compulsory Attend- ance. 104; County Superintend- ent of Public Schools. 94: Exam- ining Board, 97; High School , Privileges. 104; Origin, 90: Re- latlon to State Government, 91: Schedules, 104; School Direc- tors. 101; School Districts. 52; School Funds, 91; School Sec- tions. 10; School Township, 50; State Superintendent of Public Instruction. 92; Teachers* Insti- tutes. 95; Township High Schools, 100; Township Treas- urer. 100; Trustees of Schools, 98 Seal of State, 38 Secretary of State, Illinois. M Secretary of State, National. 158 Sections, 6, 10 Senate, State, 13-33 Senate, United States. 123; Ad- journment. 127; Disabilities, 128; Duties. 129. 143; Eligibility. 124; Journal, 127; Meetings, 126; Membership, 126; Oath. 128; Officers. 124; Powers, 128, 140; Privileges. 127; Quorum. 126; Rules, 127; Salaries. 127; Taxes. 129. 143; Trial of Impeachment, 125; Yeas and Nays, 127 Senatorial Dlatrlcts, 14, 208. 213 Sheriff, 62 Slavery, 121. 177 State Boards and Commissions, ill, 188 State Educational Institutions. 183 State, Department of, 158 State Educational Institutions, 108. 181 State Government, 13-48; Attor- ney-General. 41; Auditor, 39; Executive Department, 33; Gen- eral Assembly. 13; Governor. 33; House of Representatives. 13; Impeachment. 30; Judicial De- partment. 42; Legislative De- partment, 13; Lieutenant-Gover- nor. 37; Secretary of State, 38; Senate. 13; State House. 33; Supreme Court. 42; Treasurer, 40 State Legislature, 13-33 288 INDEX State Penal and Reformatory In- stitutions, 109 State's Attorney, 64 States, Admission of, 175 States, Limitations on, 174 States, Rights of, 172 Study, Branches of, 104 Succession, Presidential, 151 Suffrage, Woman, 69 Superintendent of Public Instruc- tion, State, 92 Superintendent of Schools, Coun- ty, 94 Supervisors, 71 Supervisors, Board of, 54 Supreme Court of Illinois, 42 Supreme Court of the United States, 169 Survey of Illinois, 9 Survey System, Township, 4-12 Tnxes, 68, 129, 143 Teachers' Institutes, 95 Titles of Nobility, 144, 175 Town Government, 66-78; Asses- sor, 73; Board of Health, 76; Board of Review, 74; Board of Town Auditors, 76; Clerk, 66, 72; Collector, 74; Constables, 78; Executive Department, 71; Funds, 71; Highway Commis- sioners, 74; Judicial Depart- ment, 76; Justices of Peace, 77; Legislative Department, 66; Meeting, 66, 71; Primary Elec- tions, 69; Supervisors, 71; Taxes, 68; Votes, 69; Woman Suffrage, 69 Towns, 50 Towns, Incorporated, 52 Township High Schools, 100 Township Lines, 4 Township Organization, 51 Township, School, 50 Township Survey System, 4, 12 Township Treasurer, 100 Townships, 8, 49 Townships, Congressional, 5, 49 Treason, 168 Treasurer, State, 40 Treasury Department, 160 Treaties, 153 Trial by Jury, 167 Trustees of Schools, 98 Trustees of Villages, 83 U University of Illinois, 182 Veto, Governor's, 26 Veto, President's, 56 Veterinarian, State, 204 Village and City Government, 79- 83 Villages, 53, 83 Voters, 69 Voters, Duties of. 106 W Wardens, 193 War, Department of, 161 War, Power to Declare, 137 Weigh-Masters, State, 194 Weights and Measures, 136 Woman Suffrage, 69 Yeas and Nays, 23, 127 it t 3 6"b 6X ^)S3f Jk