USA > Illinois > Edwards County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 86
USA > Illinois > Wabash County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 86
USA > Illinois > Lawrence County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 86
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NoTE-By the adoption of minority representation, 22 7 and s of this article cease to be a part of the constitution. Under a 12 of the schedule, and the vote of adoption, the following section relating to minority representation is substi- tuted for said sections :
MINORITY REPRESENTATION.
¿¿ 7 and 8. The house of representatives shall consist of three times the number of the members of the senate, and the term of office shall be two years. Three representatives shall be elected in each senatorial district at the general election in the year of our Lord, 1872, and every two years thereafter. In all elections of representatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representatives to be clected, or may distribute the same, or equal parts thereof, among the candidates, as he shall see fit; and the candidates highest in votes shall be declared elected.
TIME OF MEETING AND GENERAL RULES.
¿ 9. The sessions of the general assembly shall commence at 12 o'clock, noon, on the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this consti- tution. A majority of the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election returns and qualifications of its members; shall choose its own officers; and the senate shall choose a temporary president to preside when the lieutenant-governor shall not attend as president or shall act as governor. The secretary of state shall call the house of 'repre- sentatives 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, aud no member shall be twice expelled for the same offence. Each house may punish by imprisonment any person, not a member, who shall be guilty of disrespect to the house by disorderly or contemptuous beha- viour in its presence. But nosuch imprisonment shall extend be- yond two hours at one time, unless the person shall persist in such disorderly or contemptuous behaviour. .
¿ 10. The doors of each house and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, or to any other place than that in which the two houses shall be sitting. Each house shall keep a journal of its proceedings, which shall be 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
" I do solemnly awear (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. or made any promise in the nature of a bribe, to directly or indi- rectiy influence aoy vote at the election at which I was chosen to fill the said office, and have not accepted, nor will I accept or receive, directly or indirect- ly, any money or other valuable thing, from any corporation, company or per- son, for any vote ar influence I may give or withhold on any bill, resolution or appropriation, or for any other official act."
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HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
members of cither house shall have liberty to dissent from and protest, in respectful language, against any act or resolution whichi they think injurious to the public or to any individual, and have the reasons of their dissent entered upon the journals.
STYLE OF LAWS AND PASSAGE OF BILLS.
¿ 11. The style of the laws of this State shall be : Be it en- acted by the People of the State of Illinois, represented in the Gen- eral Assembly.
¿ 12. Bills may originate in either house, but may be altered, amended or rejected by the other; and on the final passage of all bills, the vote shall be by yeas and nays, upon each bill sepa- rately, and shall be entered upon the journal; and no bill shall become a law without the concurrence of a majority of the mem- bers elected to each house.
¿ 13. Every bill shall be read at large on three different days, in cach 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 emergency shall be expressed in the preamble or body of the act), the general assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct.
PRIVILEGES AND DISABILITIES.
¿ 14. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
¿ 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 offices or appointment, shall be void ; nor shall any member of the general assembly be interested, either directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof.
PUBLIC MONEYS AND APPROPRIATIONS.
¿ 16. The general assembly shall make no appropriation of money ont of the treasury in any private law. Bills making ap- propriations for the pay of members and officers of the general assembly, and for the salaries of the officers of the government, shall contain no provisions on any other subject.
>¿ 17. No moncy shall be drawn from the treasury except in pursuance of an appropriation made by law, and on the presenta- tion of a warrant issued by the auditor thereon ; and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall, within 60 days after the adjourn- ment of each session of the general assembly, prepare and pub- lish a full statement of all moncy expended at such session, spe- cifying the amount of each item, and to whom and for what paid.
¿ 18. Each general assembly shall provide for all appropriations necessary for the ordinary and contingent expenses of the govern- ment until the expiration of the first fiscal quarter after the adjourn- ment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of the mem- bers elected to each house, nor exceed the amount of revenue au- thorized 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 revenue, contract debts, never to exceed in the aggre- gate $250,000; and moneys thus borrowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose ; and no other debt, except for
the purpose of repelling invasion, suppressing insurrection, or defending the State in war, (for payment or which the 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 votea 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 accrue, by a tax levied for the purpose, or from other sources of revenue; which law, providing for the payment of such intercet by such tax, shall be irrepealable until such debt be paid : And provided further, that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted.
¿ 19. The general assembly shall never grant or authicrize extra compensation, fee or allowance to any public officer, agent, scr- vant or contractor, after service has been rendered cr a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the State under any agreement cr con- tract made without express authority of law : and all such un- authorized agreements or contracts shall be null and void: Pro- vided, the general assembly may make appropriations for expendi- tures incurred in suppressing insurrection or repelling invasicn.
¿ 20. The State shall never pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan cr ex- tend its credit to, or in aid of any public or other corporation, association or individual.
PAY OF MEMBERS.
¿ 21. The members of the general assembly shall receive for their services the sum of $8 per day, during the first session hold under this constitution, and 10 cents for each mile necessarily traveled in going to and returning from the seat of government, to be computed by the auditor of public accounts ; and thereafter such compensation as shall be prescribed by law, and no other allowance or emolument, directly or indirectly, for any purpose whatever ; except $50 per session to each member, which shall be in full for postage, stationery, newspapers, and all other inci- dental expenses and perquisites; but no change shall be made in the compensation of members of the general assembly during the term for which they may have been elected. The pay and mileage allowed to each member of the general assembly shall be certified by the speaker of their respective houscs, and entered on the journals and published at the close of each session.
SPECIAL LEGISLATION PROHIBITED.
¿ 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 persons or places ;
Laying out, opening, altering, and working roads er highways; Vacating roads, town plats, streets, alleys and public grounds; Locating or changing courty 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 change of venue in civil and criminal cases.
Incorporating cities, towns, or villages, or changing cr amend- ing the charter of any town, city or village;
Providing for the election of members of the board of super- visors in township'a incorporated towns or citics;
Summoning and empaneling grand or petit juries;
Providing fer the management of common schools;
Regulating the rate of interest cn money ;
The opening and conducting of any election, cr 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 forfciturcs ;
Creating, increasing, or decreasing fecs, percentage or allow- ances 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; 3
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HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
Granting to any corporation, association or individual any spe- cial 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 ;
¿ 23. The general assembly shall have no power to release or extinguish, in whole or in part, the indebtedness, liability, or ob- ligation of any corporation or individual to this State or to any municipal corporation therein.
IMPEACHMENT.
¿ 24. The house of representatives shall have the sole power of impeachment; but a majority of all the members elected must concur therein. All impeachments shall be tried by the senate ; and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. When the governor of the State is tried, the chief justice shall preside. No person shall be convicted without the concurrence of two-thirds of the senators elected. But judgment, in such cases, shall not extend further than removal from office, and disqualifi- cation to hold any office of honor profit or trust under the gov- ernment of this State. The party, whether convicted or acquit- ted, shall nevertheless, be liable to prosecution, trial, judgment and punishment according to law.
MISCELLANEOUS.
¿ 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, ahall be let by contract to the lowest responsible bidder; but the general assembly shall fix a maximum 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 aubject to the approval of the governor, and if he disapproves the same there shall be a re-letting of the contract, in such man- ner as shall be prescribed by law.
¿ 26. The State of Illinois shall never be made defendant In any court or law of equity.
¿ 27. The general assembly shall have no power to authorize lotteries or gilt enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this State.
¿ 23. No law shall be passed which shall operate to extend the term of any public officer after his election or appointment.
¿ 29. It shall be the duty of the general assembly to pass such laws as may be necessary for the protection of operative miners, by providing for ventilation, when the same may be required, and the construction of escapement-shafts, or such other appliances as may secure safety in all coal mines, and to provide for the en- forcement of said laws by such penalties and punishments as may be deemed proper.
¿ 30. The general assembly may provide for establishing and openiag roads and cart-ways, connected with a public road, for private and public use.
¿ 31. The general assembly may pass laws permitting the own- ers and occupants of lands to construct drains and ditches, for agricultural and sanitary purposes, across the lands of others.
¿ 32. The general assembly shall pass liberal and homestead and exemption laws.
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¿ 33. The general assembly shall not appropriate ont of the State treasury, or expend on account of the new capitol grounds, and construction, completion and furnishing of the State-house, a sum exceeding in the aggregate, $3,500,000, inclusive of all ap- propriations heretofore made, without first submitting the propo- sition for an additional expenditure to the legal voters of the State, at a general election ; nor unless a majority of all the votes at such election shall be for the proposed additional expenditure.
ARTICLE V. EXECUTIVE DEPARTMENT.
1. Officers of this Department.
2. Of the State Treasurer.
3. Time of Electing State Officers. 4 Returos-Tie-Contested Election 5. Eligibility for office.
6. Governor-Power and Dutv. 7. His Message and Statement.
8. Convening the General Assembly. 9. Proroguing the General Assembly. 10. Nominations by the Governor.
¿11. Vacancies mav be filled.
12. Removais by the Governor.
¿13, Roprieves, Commutations, Pardonsl
¿ 14. Governor as Commander-in-Chief. 15. Impeachment for Misdemeanor.
16. Veto of the Governor.
17. Lientenant-Governor as Governor.
18. As President of the Senate.
19. Vacancy in Governor's Office.
20. Vacancy in other State Offices.
21. Reports of State Officers.
22 Great Seal of State.
23. Fees and Salaries.
2 24. Definition of "Office." -
¿ 25. Oath of Civil Officers.
EXECUTIVE DEPARTMENT.
¿ I. The executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Ac- counts, Treasurer, Superintendent of Public Instruction, and At- torney-General, who shall each with the exception of the Treas- urer, hold his office for the term of four years from the second Monday of January next after his election, and until his succes- sor is elected and qualified. They shall, except the Lieutenant Governor, reside at the seat of Government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law.
¿ 2. The Treasurer shall hold his office for the term of two years, and until his successor is elected and qualified ; and shall be ineligible to said office for two years next after the end of the term for which he was elected. He may be required by the Gov- ernor to give reasonable additional security, and in dciault of so doing his office shall be deemed vacant.
ELECTION.
¿ 3. An election for Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts and Attorney-General, shall be held on the Tuesday next after the first Monday in November, in the year of our Lord 1872, and every four years thereafter ; for Superintendent of Public Instruction, on the Tuesday next after the first Monday of November, in the year 1870, and every four years thereafter; and for Treasurer on the day last above mentioned, and every two years thereafter, at such places and in such manner as may be prescribed by law.
¿ 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the Secretary of State, directed to "The Speaker of the House of Representatives," who shall, immediately after the organiza- tion of the house, and before proceeding to other business, open and publish the same in the presence of n majority of each house of the general assembly, who shall, for that purpose, assemble in the hall of the house of representatives. The person having the highest number of votes for either of the said ( ffices shall be de- clared duly elected; but if two or more have an equal and the highest number of votes, the general assembly shall, by joint ballot, choose one of such persons for said office. Contested elections for all of said offices shall be determined by both houses of the general assembly, by joint ballot, in such manner as may be prescribed by law.
ELIGIBILITY.
¿ 5. No person shall be eligible to the office of governor, or lieutenant-governor, who shall not have attained the age of 30 years, and been, for five years next preceding his election, a citi- zen of the United States and of this State. Neither the gover- nor, 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.
¿ 6. The supreme executive power shall be vested in the gov- ernor, who shall take care that the laws be faithfully executed.
¿ 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. Heshall account to the general assembly, and accompany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, and at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all pur- poses.
¿ 8. The governor may, on extraordinary occasions, convene the general assembly, by proclamation, stating therein the pur- pose for which they are convened; and the general assembly shall enter upon no business except that for which they were called together.
¿ 9. In case of a disagreement between the two houses with respect to the time of adjournment, the governor may, on the same being certified to him, by the house first moving the ad- journment, adjourn the general assembly to auch time as hethinks proper, not beyond the first day of the next regular session.
¿ 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
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HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
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 gen- eral assembly.
¿ 11. In case of a vacancy, during the recess of the senate, in any office which is not elective, the governor shall make a tem- porary appointment until the next meeting of the senate, when he shall nominate some person to fill such office; and any person 80 nominated, who is confirmed by the senate (a majority of all the senators elected concurring by yeas and nays), shall hold his office during the remainder of the time, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at the request of the senate, or be appointed to the same office during the recess of the general assembly.
¿ 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.
¿ 13. The governor shall have power to grant reprieves, com- mutations and pardons, after conviction, for all offences, subject to such regulations as may be provided by law relative to the manner of applying therefor.
¿ 14. "The governor shall be commander-in-chief of the mili- tary 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.
¿ 15. The governor, and all civil officers of this State, shall be liable to impeachment for any misdemeanor in office.
VETO.
¿ 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, notwithstanding the objections of the gover- nor. But in all such cases, the vote of each house shall be dc- termined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the general assembly shall, by their adjournment, prevent its re- turn; in which case it shall be filed, with his objections, in the office of the secretary of State, within ten days after such adjourn- ment, or become a law.
LIEUTENANT-GOVERNOR.
¿ 17. In case of death, conviction or impeachment, failure to qualify, resignation, absence from the State, or other disability of the governor, the powers, duties, the emoluments of the office for the residue of the term, or until the disability shall be re- moved, shall devolve upon the lieutenant-governor.
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