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 119
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 119
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 119
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¿ 11. 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 gen- eral law.
¿ 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 succes-ors, so as to re- duce 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. Th's article shall not be construed as depriving the general assembly of the power to re- dure the fees of existing officers.
¿ 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 emolu- ments.
ARTICLE XI.
CORPORATIONS.
1 Established only hy General Laws. ¿ 9. Railroad Office, Books and Records 2. Existing Charters-How Forfeited. $ 10. Personal Property of Railroads. 3. Election of Directors or Managers. @ 11. Consolidations Forbidden. 4. Construction of Street Railroads. @ 12. Railroads deemed Highways- Rates Fixed. 5. State Banks Forbidden-General Law.
6. Liability of Bank Stockholder. ". Suspension of Specie Payment. 8. Of a General Danking Law.
¿ 13. Stocks, Bonds and Dividends.
2 14. Power over existing Companies.
¿ 15. Freight and Passenger Tariff regu- lated.
{ 1. No corporation shall be created by special laws, or its ( har- ter extended, changed or amended, except those for charitable,
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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.
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 law, for the organiza- tions of all corporations hereafter created.
¿ 2. All existing charters or grants of special or exelusive 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.
¿ 3. The general assembly shall provide, by law, that in all clections for directors or managers of corporated companies, every stockholder shall havethe right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persoas as there are directors or 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 to distribute them on the same principle among as many candidates as he shall think fit ; and no such directors or managers shall be elected in any other manner.
¿ 4. No laws shall be passed by the general assembly, granting 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 high- way proposed to be occupied by such street railroad.
BANKS.
¿ 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 hereifter created, No act of the general assembly au- thorizing 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 submitted to a vote of the people at the general election next succeeding the passage of the same, and be ap- proved by a majority of all the votes cast at such election for or against such law.
¿ 6. Every stockholder in a banking corporation or institution 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 its liabilities accruing while he or she remains such a stockholder.
¿ 7. The suspension of specie payments by bankin; institu- tions, or 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, shall make and publish a full and accurate quar- terly statement of its affairs, (which shall be certified to, under oatlı, by one or more of its officers,) as may be provided by law.
¿ 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of state, of all bills or piper 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 deprecia- tion 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 glid deficiency, by depositing additional stocks. And said law shall also provide for the recording of the names of all stock- holders in such corporations, the amount of stock held by each, the time of any transfer thereof, and to whom such transfer is made.
RAILROADS.
¿ 9. Every railroad corporation organized or doing business in this State, under the laws or authority thereof, shall have and main- tain 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 publie inspection, books, in which shall be re- corded the amount of capital stock subscribed, and by whom ; the names of the owners of stock and amount by them respectively, 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 place of residence of its officers. The directors of every railroad 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 doings, 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 provisions of this section.
¿ 10. The rolling stock, and all other movable property belong-
ing 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 individ- uals, and the general assembly shall pass no law exempting any such property from execution and sale.
¿ 11. No railroad corporation shall consolidate its stock, pro- perty or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolida- tion 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 incorporated or hereafter to be incorporated by the laws of the State, shall be citizens and residents of this State.
¿ 12. Railways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public high- ways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed 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.
¿ 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property actually received, and ap- plied to the purposes for which such corporation was created; and all stock dividends, and other fictitious increase of the capi- tal 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.
¿ 14. The exercise of the power, and the right of eminent do- main shall never be so construed or abridged as to prevent the tak- ing, 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 compensation, when, in the exercise of said right of eminent do- main, any incorporated company shall be interested either for or against the exercise of said right.
¿ 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 different railroads in this State, and enforce such laws, by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
ARTICLE XII. MILITIA.
1. Persons composing the Military. - 4. Privilege from Arrest. 5. Records, Banners and Relics.
2. Organization-Equipment-Dis- cipline.
8 6. Exemption from militia duty.
¿ 3. Commissions of Officers.
¿ 1. The militia of the State of Illinois shall consist of all able- bodied male persons, resident in the State, between the ages of eighteen and forty-five, except such persons as now are, or here- after may be, exempted by the laws of the United States, or of this State.
¿ 2. The general assembly, in providing for the organization, equipment and discipline of the militia, shall conform as nearly as practicable to the regulations for the goverment of the armies of the United States,
¿ 3. All militia officers shall be commissioned by the gover- nor, and may hold their commissions for such time as the general assembly may provide.
¿ 4. The militia shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their at- tendance at musters and elections, and in going to and returning from the same.
¿ 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:
¿ 6. No person having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace : Provided, such person shall pay an equivilent for such exemp- tion.
ARTICLE XIII. WAREHOUSES.
rasatura
1. What deemed Public Warehouses. | 2 5. Delivery of Grain by Railroads. 2. Sworn weekly statements required |2 6. Power and Duty of the Legislature. 3. Examination of property stored. @ 7. Grain Inspection-Protection of Dealers. 4. Carriers to deliver full Weight.
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IIISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.
¿ 1. 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 publie warehouses.
2 2. The owner, lessee or manager of each and every public warehouse sitnated in any town or city of not less than 100,000 inhabitants, shall make weekly statements under. oath, before some officer to be designated by law, and keep the same posted in some conspicuous place in the office of such 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 warehouse, 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 there- for; and shall, on the copy posted in the warehouse, note daily such changes as may be made in the quantity and grade of grain in such warehouse; and the different grades of grain shipped in separate lots, shall not be mixed with inferior or superior grades, without the consent of the owner or consignee thereof.
¿ 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 ware- house in regard to such property.
¿ 4. All railroad companies and other common carriers on rail- roads shall weigh or measure grain at 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.
§ 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 rail- mad 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 rail- road.
¿ 6. It shall be the duty of the general assembly to pass all necessary laws to prevent the issue of false and fraudulent warehouse receipts, and to give full effect to this article of the constitution, 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 as- sembly the power to prescribe by law such other and further remedies as may be found expedient, or to deprive any person of existing common law remedies.
2 7. The general assembly shall pass laws for the inspection of grain, for the protection of producers, shippers and receivers of grain and produce.
ARTICLE XIV.
AMENDMENTS TO THE CONSTITUTION.
2 1. By a Constitutional Convention. [@ 2. Proposed by the Legislature.
{ 1. Whenever two-thirds of the members of each house of the general assembly shall, by a vote entered upon the journals thereof, coneur 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 next session, provide for a convention, to consist of double the number of the members of the senate, to be elected in the same manner, at the same places, and in the same districts. The general assembly shall, in the act calling the convention, desig- nate the day, hour and place of its meeting, fix the pay of its members and officers, and provide for the payment of the same, together with expenses 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 assembly. Said convention shall meet within three months after such election, and prepare such revisions, alterations or amendments of the constitution as shall be deemed necessary, which shall be submitted to the elec- tors for their ratification or rejection, at an election appointed by the convention for that purpose, not less than or 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 revisions, alterations or amendments shall take etfeet.
¿ 2. Amendment ; 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 re- spective journals, and said amendments shall be submitted to the electors of this State for adoption or rejection, at the next elec- tion of members of the general assembly, in such manner as may be prescribed by law. The proposed amendments shall be pub- lished in full at least three months preceding the election, and if a majority of electors voting at said election shall vote for the proposed amendments, they shall become part of this constitu- tion. 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.
SEPARATE SECTIONS.
Illinois Content Railroad. Illinois and Michigan Canal. 1 unicipal Subscription to Corpora- tions.
No contract, obligation or liability whatever, of the Illinois Central Railroad Company, to pay any money into the Stato treasury, nor any lien of the State upon, or right to tax property of said company, in accordance with the provisions of the charter of said company, approved Feb. 10, in the year of our Lord 1851, shall ever be released, suspended, modified, 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 govern- ment, and for no other purposes whatever.
MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATECORPORA-
TIONS.
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 shal not be construed as affecting the right of any such munici- pality to make such subscriptions where the same have been au- thorizedl, under existing laws, by a vote of the people of such municipalities prior to such adoption.
CANAL.
The Illinois and Michigan Canal shall never be sold or leased until the specific proposition for the sale of lease thereof shall have first been submitted 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 may be appropriated for its enlargement or extension.
SCHEDULE.
¿ 1. Laws in force remain valid. 2. Fines, Penalties, and Forfeitures, 5. All existing Courts continued. 3. Recognizances, Bonds, Obligations ¿ 6. Persons now in Office continued.
2 4 Present county Courta enntinned'
That no inconvenience may arise from the alterations and amendments made in the constitution of this State and to carry the same into complete effect, it 19 hereby ordained and declared :
¿ 1. That all laws in force at the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts of this State, individuals or bodies corpor- ate, shall continue to be as valid as if this constitution had not been adopted.
¿ 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.
2.3. Recognizances, bonds, obligations, and all other instrument 3 entered into or executed before the adoption of this constitution, to the people of the State of Illinois, to any State or county officer or publie body, shall remain binding and valid; and rights and liabilities upon the same sball 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.
¿ 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
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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.
board of county commissioners provided in this constitution is organized in pursuance of an act of the general assembly ; and the county courts in all other counties shall have the same power and jurisdiction they now possess until otherwise provided by general law.
8 . All existing courts which are not in this constitution specially enumerated, shall continue in existence and exercise their present jurisdiction until otherwise provided by law.
2. 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 constitu- tion it is otherwise directed.
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¿ 18. All laws of the State of Illinois, and all official writings, and the executive, legislative and judicial proceedings, shall be conducted, preserved and published in no other than the English language.
¿ 19. The general assembly shall pass all laws necessary to carry into effect the provisions of this constitution.
2 20. The circuit clerks of the different counties having a pop- ulation over sixty thousand, shall continue to be recorders (ex- officio) for their respective counties, under this constitution, until the expiration of their respective terms.
, ¿ 21. The judges of all courts of records 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 general assembly after the adoption of this con- stitution.
¿ 22. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county until otherwise provided by law.
¿ 23. When this constitution shall be adopted, and take effect as the supreme law of the State of Illinois, the two-mill tax pro- vided 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.
¿ 21. Nothing contained in this constitution shall be so con- strued as to deprive the general assembly ot the power to author- ize the city of Quincy to create any indebtedness for railroad or municipal purposes, for which the people of said city shall have voted, and to which they shall have given, by 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 indebtedne's, 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, 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 general assembly shall have no power in the premises that it could not exercise under the pre- sent constitution of this State.
¿ 25. In case this constitution and the articles and sections submitted separately be adopted, the existing constitution shall cease in all its provision3 ; and in case thisconstitution be adopted, any one or more of its articles or sections submitted separately be defeated, the provisions of the existing constitution (if any) on the same subject shall remain in force.
¿ 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.
Done in.convention at the capital, in the city of Springfield, on the thirteenth day of May, in the year of our Lord one thou- sand eight hundred and seventy, and of the independence of the United States of America the ninety-fourth.
In witness whereof, we have hereunto subscribed our names
CHARLES HITCHCOCK, President.
William J. Allen,
Robert A. King,
John Abbott,
Jas. McCoy,
James C. Allen, Charles E. MeDowell,
Elliott Anthony, William C. Goodue,
Wm. R. Archer, Joseph Medill,
Henry I. Atkins,
Clifton H. Moore,
James G. Bayne,
Jonathan Merriam,
R. M. Benjamin,
Joseph Parker,
II. P. H. Brownwell,
Samuel C. Parks,
O Il. Browning,
I'eleg S. Perley,
Wm. G. Bowman,
J. S. Poage,
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