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 117
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 117
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 117
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ARTICLE V.
EXECUTIVE DEPARTMENT.
3 1. Officers of this Department.
2. Of the State Treasurer.
3. Time of Electing State Officers.
4 Returns-Tie-Contested Election
5. Eligibility for office.
6. Governor-Power and Duty.
7. His Message and Statement.
8. Convening the General Assembly. 9. Proroguing the General Assembly.
¿ 10. Nominations by the Governor.
¿ 11. Vacancies may be filled.
12. Removals by the Governor.
13, Roprieves, Commutations, Pardons
@ 14. Governor as Commander-in-Chief.
2 15. Impeachment for Misdemeanor.
¿ 16. Veto of the Governor.
2 17. Lieutenant-Governor as Governor.
2 18. As President of the Senate.
19. Vacancy in Governor's Office.
20. Vacancy in other State Offices.
2 21. Reports of State Officers.
22. Great Seal of State.
2 23. Fees and Salaries.
¿ 24. Definition of "Office."
25. Oath of Civil Officers.
EXECUTIVE DEPARTMENT.
2 1. The executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of Publie 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 default 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 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 the said offices 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. 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 vonchers, 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 such time as he thinks 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 RANDOLPHI, MONROE AND PERRY 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 vacaney, during the recess of the senate, in any office which is not elective, the governor shall make a ten- porary appointment until the next meeting of the senate, when he shall nominate some person to fill such office ; and any person so nominated, who is confirmed by the senate (a majority of all the senators elected coneurring 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 incompeteney, 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 ont the same to execute the laws, suppress insurrection, and repel invasion.
¿ 15. The governor, and all eivil officers of this State, shall be liable to impeachment for any misdemeanor in oflice.
VITC.
¿ 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 de- 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 offire 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.
¿ 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 holl the office of governor.
¿ 19. If there be no lieutenant-governor, or if the lieutenant- governor shall, for any of the causes specified in 2 17 of this artiele, 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 incapa- ble of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.
OTHER STATE OFFICERS.
¿ 20. If the office of auditor of public accounts, treasurer, see- retary of State, attorney general, or superintendent of public in- struction 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 aral qualified in such manner as may be provided by
law. An account shall he kept by the offieers 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 governor, under oath ; and any officer who makes a false report shall be guilty of perjury, and punished accordingly.
¿ 21. The officers of the executive department, and of all the public institutions of the State, shall, at least ten days ] receding cach regular session of the general assembly, severally report to the governor, who shall transmit such reports to the general as- sembly, together with the reports of the judges of the supreme court of the defeets in the constitution and laws ; and the gover- nor may at any time require information, in writing, under oath, from the otlicers of the executive department, and all oflieers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.
TIIF SEAL OF STATE.
¿ 22. There shall be a seal of the State, which shall be called the "(freat scal 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.
¿ 23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be in- ereased 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 service 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.
¿ 24. An office is a public position created by the constitution 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.
¿ 25. All civil officers, except members of the general assembly and such inferior officers as may be by law exempted, shall, be- fore they enter on the duties of their respective offices, take and subscribe the following oath or affirmation :
I 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.
ARTICLE VI.
JUDICIAL DEPARTMENT.
₹ 1. Judicial Powers of Courts.
@ 18. County Judges-County Clerks.
2 2. Seven Supreme Judges-Four Decide.
2 19. Appeals from County Courts.
& 201 Probate Courts Authorized.
3. Quahfientions of a Supreme Judge
4. Terms of the Supreme Court.
3. Three Grand Divisions-Seven Districts.
22. State's Attorney in each County. 23. Cook County Courts of Record.
6. Election of Supreme Judges.
7. Salaries of the Supreme Jipiges.
8. Appeals and Wirts of Error.
9. AAppointment of Reporter.
In. Clerks of the Supreme Court.
6 38. JJustices in Chicago,
20. Uniformity in the Courts.
6 12, Jurisdiction of fireuit Courts.
jo, Removal of any Judge.
è 13. Formation of Judicial Circuits
8 11. Time of holding Circuit Courts.
$31. Judges to make Written Reports. 2 32. Terms of Office-Filling Vacan-
cies.
¿ 33. Process-Prosecutions-Popula- tion.
¿ 1. 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 incor- porated towns.
SUPREME COURT.
2 2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus, and habeus corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice ; four shall constitute a quorum, and the concurrence of four shall be neces- sary to every decision.
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2 15. Cirenits containing Four Judges. Jo, Salaries of the Circuit Judges.
17. Qualifications of Judges or Com- missioners
2 21. Justices of the Peace and Consta-
24. Chief Justice-Power of Judges.
za, Salaries of the Judges.
26. Criminal Court of Cook County. $ 27. flerhs of Cook County Court.
2 11. AAppellate Courts Authorized.
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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.
¿ 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 the State five years next preceding his election, and be a resi- dent of the district in which he shall be elected.
¿ 4. Terms of the supreme court shall continue to be heldl i: 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 provide appropriate room therefor, and the use of a suitable library, without expense to the State, The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court may be changed by law.
¿ 5. The present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until otherwise provided by law. The State shall be divide l 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, Washing- ton, 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, Richlan 1, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- gomery, Macon in, Shelby, Cumberland, Clark, Greene, Jer-cy, Calhoun and Christian.
Third District-The counties of Sangamon, Macon, Logan, De Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Living- ston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell.
Fourth District .- The counties of Fulton, MeDonough, Han- cock, S. huyler, 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, MeHenry, Kone, Kendall, De Kalb, Lee, Orle and Rock Island.
Seventh District .- The counties of Lake, Cook, Will, Kankakee and Du Page.
The boundaries of the districts may be changed at the session of the general assembly next preceding the election for judges hervin, 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 will 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 an office of any Judge.
¿ 6. At the time of voting on the adoption of this constitution, 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 1870. The term of office of judges of the supreme court, elected after the a loption 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 office at the adoption of this constitution, or of the judge 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 as chief jus- tice.
27. From and after the adoption of this constitution, the judges of the supreme court shall each receive a salary of $4,000 per annum, pavable 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 terms for which said judges have been clected.
¿ 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.
₹ 9. The supreme court shall appoint one reporter of its deci- sions, who shall hold his office for six years, subject to removal by the court.
{ 10. At the time of the election for representative in the gen- cral 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 predecessor, and every six years thereafter, one clerk of said court for each division shall be elected.
APPELLATE COURTS.
¿ 11. After the year of our Lord 1874, inferior appellate conrts of uniform organization and jurisdiction, may be created in dis- tricts formed for that purpose, to which such appeals and writs of error as the general assembly may provide, may be prosecuted from circuit and 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, er the validity of a stat- ute is involved, and in such other cases as may be provided by law. Sach 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 re- ceive any additional compensation for such services,
CIRCUIT COURTS.
{ 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.
₹13. The State, exclusive of the county of Cook and other counties having a population of 100,000, shall be divided into judicial circuits, prior to the expiration of terms of office of the present judges of the circuit courts. Such circuitsshall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to busi- ne s, territory and population, and shall not exceed in number one circuit for every 100,000 of population in the State. One judge shall be elected for cach of said circuits by the electors thereof. New circuits may be formed and the boundaries of cir- cuits changed by the general assembly, at its session next pre- ceding the election for circuit judges, but at no other time: Pro- vided, that the circuits may be equalized or changed at the first session of the general assembly, after the adoption of this con- stitution, The creation, alteration or change of any circuit shall not affect the tenure of office of any judge. Whenever the busi - ness of the circuit court of any one, or of two or more contigu- ous counties, containing a population exceeding 50,000, shall oc- cupy nine months of the year, the general assembly may make of sach county, or counties, a separate circuit. Whenever addi- tional circuits are created, the foregoing limitations shall be ob- served,
¿ 14. The general assembly shall provide for the times of hold- ing courts in cach 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 of June, in the year of our Lord 1873, and every six years thereafter.
¿ 15. The general assembly may divide the State into judicial circuits of greater population and territory, in lieu of the circuits provided for in section 13 of this article, and provide for the elec- tion therein, severally, by the electors thereof, by general ticket, of not exceeding four judges, who shall hold the circuit courts for which they shall be elected, in such manner as may be provided by law.
₹ IG. From and after the adoption of this constitution, judges of the circuit courts shall receive a salary of $3,000 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, re- spectively, elected ; and from and after the adoption of this con- stitution, no judge of the supreme or circuit court shall receive any other compensation, perquisite or benefit, in any form whatso- ever, nor perform any other than judicial duties to which may belong any emoluments,
¿ 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 25 years of age, and a citizen of the United States, nor unless he shall have re- sided 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.
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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.
COUNTY COURTS.
¿ 18. There shall be elected in and for each county, one judge an I 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 record, and shall have original jurisdic- tion in all matters of probate ; settlement of estates of deceased persons ; appointment 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.
2 19. Appeals and writs of error shall be allowed from final determination of county courts, as may be provided by law.
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