Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers, Part 116

Author: McDonough, J.L., & Co., Philadelphia
Publication date: 1883
Publisher: Philadelphia : J.L. McDonough & Co
Number of Pages: 578


USA > Illinois > Perry County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 116
USA > Illinois > Randolph County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 116
USA > Illinois > Monroe County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 116


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


¿ 8. No person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, 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.


¿ 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 canuse of the accusation, and to have a copy there- of; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy publie trial by an impartial jury of the county or district in which the offense is alleged to have been committed.


2 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.


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


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


¿ 13. Private property shall not be taken or damaged for public use withont just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be pre- scribed 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.


¿ 14. No ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.


¿ 15. The military shall be in strict subordination to the civil power.


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


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


¿ 18. All elections shall be free and equal.


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


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


¿ 20. A frequent occurrenee 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 Ju- dicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.


ARTICLE IV. LEGISLATIVE DEPARTMENT.


1. General Assembly elective.


2. Time of Election-Vacancies.


@ 3. Who are Eligible.


4. Insqualification by Crime.


5. Oath taken by members.


6. Senatorial Apportionments.


7. & 8. Minority Representation.


9. Time of me eting-General Rule.


@ 10. Secretary-Adjournment~Journ- als, Protests.


¿ 11. Style of Laws.


@ 12. Origin and passage of Bills. -


@ 13. Reading-Printing-Title-Amend- ments.


@ 14. Privileges of members.


15. Disabilities of members.


16. Bills making Appropriations.


¿ 17. Payment of money -Statement of Expenses.


¿ 18. Ordinary Expenses-Casual Defi- cits-Appropriations limited.


19. Extra Compensation or Allowance.


20. Public Credit not loaned.


21. Pay and mileage of members.


22. Special Legislation prohibited.


23. Against Release from Liability. 24. Proceedings on Impeachment. 25. Fuel, Stationery, and Printing. 26. State not to be sued.


27. Lottery and Gift Enterprises.


28. Terms of Office not Extended.


29. Protection of operative miners.


30. Concerning Roads-public and pri- vate.


31. Draining and Ditching.


32. Homestead and Exemption Laws.


33. Completion of the State House.


¿ 1. The legislative power shall be vested in a General As- sembly, which shall consist of a Senate and House of Repre- sentatives, both to be elected by the people.


ELECTION.


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


ELIGIBILITY AND OATH.


¿ 3. No person shall be a senator who shall not have attained the age of twenty-five years, or a representative who shall not have attained the age of twenty-one years. No person shall be a senator or a representative who shall not be a citizen of the United States, and who shall not have been for five years a resi- dent 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 as- sembly : Provided, that appointments in the militia, and the offi- ees of notary public and justice of the peace, shall not be con- sidered lucrative. Nor shall any person, holding any office of honor or profit under any foreign government, or under the gov- ernment of the United States, (except postmasters whose annual compensation does not exceed the sum of $300,) hold any office of honor or profit under the authority of this State.


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


¿ 6. Members of the general assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation :


" 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, or made any promise in the nature of a bribe, to directly or indi- rectly infinence any 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 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 conrt, in the hall of the house to which the member is elected, and the secretary of state shall record and file the oath subscribed by each member. Any member who shall refuse to to take the oath herein preseribed, shall forfeit his office, and every member who shall be convicted of having sworn falsely to, or of violating, his said oath, shall forfeit his office, and be dis- qualified thereafter from holding any office of profit or trust in this State.


APPORTIONMENT-SENATORIAL.


¿ 6. The general assembly shall apportion the State every ten years, beginning with the year 1871, by dividing the population of the State, as ascertained by the federal census, by the number. 51, and the quotient shall be the ratio of representation in the senate. The State shall be divided into 51 senatorial districts, each of which shall elect one senator, whose term of office shall be four years. The senators elected in the year of our Lord 1872, in districts bearing odd numbers, shall vaeate their offices at the end of two years, and those elected in districts bearing even num- bers, 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 coutain less than four-fifths of the senatorial ratio. Counties containing not less than the ratio and three-fourths, may be divided into separate districts, and shall be entitled to two senators, and to one additional senator for each number of inhabitants equal to the ratio, contained by such counties in ex- cess of twice the number of said ratio.


NOTE-By the adoption of minority representation, 22 7 and 8 of this article cease to be a part of the constitution. Under 2 12 of the schedule, and the vote of aloption, the following section relating to mimority representation is substi- tuted for said sections :


MINORITY REPRESENTATION.


22 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 east as many votes for one candidate as there are representatives to be cleeted, 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 eall 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, and 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 no such 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 otber, 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


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


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.


¿ 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.


2 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 cach honse.


¿ 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 aet 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 direet.


PRIVILEGES AND DISABILITIES.


2 11. 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 out 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.


12 17. No money 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 money 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 8250,000; 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 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 tiken 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 interest by such tax, shall be irrepealable until such debt be paid : And provided further, that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted.


2 19. The general assembly shall never grant or authorize extra compensation, fee or allowance to any public officer, agent, ser- vant or contractor, after service has been rendered er a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the State under any agreement or con- tract made without express authority of law : and all such un- authorized agreements or contracts shall be null and void: Pro- rided, the general assembly may make appropriations for expendi- tures incurred in suppressing insurrection or repelling invasion. ¿ 20. The State shall never pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan or ex- tend its credit to, or in aid of any public or other corporation, a-sveiation or individual.


PAAY OF MEMBERS.


¿ 21. The members of the general assembly shall receive for their services the sum of $8 per day, during the first session held under this constitution, and 10 cents for each mile necessarily traveled in going to and returning from the seat of government, to be computed by the auditor of public accounts ; and thereafter such compensation as shall be prescribed by law, and no other allowance or emolument, directly or indirectly, for any purpose whatever ; except $50 per session to each member, which shall be in full for postage, stationery, newspapers, and all other inei- 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 houses, 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 or highways ; Vacating roads, town plats, streets, alleys and public grounds; 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 change of venue in civil and criminal cases.


Incorporating cities, towns, or villages, or changing or amend- ing the charter of any town, city or village ;


Providing for the election of members of the board of super- visors in township's incorporated towns or cities ;


Summoning and empaneling grand or petit juries;


Providing for the management of common schools;


Regulating the rate of interest on money ;


The opening and conducting of any 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, 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


496


HISTORY OF RANDOLPH, MONROE AND PERRY 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 disqualiti- 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, shall 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 subject 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 gift enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this State.


¿ 28. 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 opening roads and cart-ways, connected with a public road, for private and public use.


2 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.


¿ 33. The general assembly shall not appropriate out of the State treasury, or expend on account of the new capitol grounds, and construction, completion and furnishing of the State-house, a sum exceeding in the aggregate, $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.




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