USA > Illinois > Shelby County > Combined history of Shelby and Moultrie Counties, Illinois : with illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 91
USA > Illinois > Moultrie County > Combined history of Shelby and Moultrie Counties, Illinois : with illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 91
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95
¿ 14. . The governor shall be commander-in-chief of the military and naval forces of the State (except when they shall be called into the service of the United States) ; and may cill 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.
2 16. Every bill passed by the general assembly shall, before it becomes a law, be pre- sented 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 governor. But in all- such cases, the vote of each house shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the general assembly shall, by their adjournment, prevent its return; . in which case it shall be filed, with his objections, in the office of the secretary of state, within ten days after such adjournment, or become a law.
LIEUTENANT-GOVERNOR.
¿ 17. In case of death, conviction on impeachment, failure to qualify, resignation, absence from the State, or other disability of the governor, the powers, duties, the emolu- ments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the licutenant-governor.
¿ 18. The licutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. The senate shall choose a president, pro tempore, to preside in case of the absence or impeachment of the lieutenant-governor, or when he shall hold the office of governor.
{ 19. If there be no lieutenant-governor, or if the lieutenant governor shall, for any of the causes specified in 2 17 of this article, become incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled or the disability removed ; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.
OTHER STATE OFFICERS.
¿ 20. If the office of auditor of public accounts, treasurer, secretary of State, attorney general, or superintendent of public instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the execu- tive 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 preceding each regular session of the general assembly, severally report to the governor, who shall transmit such reports to the general assembly, together with the reports of the judges of the supreme court of the defects in the constitution and laws ; and the governor may at any time require information, in writing, under oath, from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.
THE SEAL OF STATE.
& 22. There shall be a seal of the State, which shall be called the " Great seal of the State of Illinois," which shall be kept by the secretary of State, and used by him, officially, as directed by law.
FEES AND SALARIES.
¿ 23. The officers named in this article shall receive for their services a salary, to be estal)- lished by law, which shall not be increased 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 con- stitution, receive to their own use any fees, costs, perquisites of office, or other compensa- tion. 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 OATII 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, before 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. 1
3 18.
As President of the Senate.
Vacancy in Governor's Office.
His Message and Statement.
7. 8. Convening the General Assembly.
22. Great Seal of State.
IO.
13. Reprieves-Commuta ions-Pardons.
ARTICLE VI.
JUDICIAL DEPARTMENT.
I. Judic'al Powers of Courts. 2. Seven Supreme Judges-Four Decide.
3. Qualifications of a Supreme Judyc.
4. Terms of the Supreme Court.
5. Three Grand Divisions-Seven Districts.
6. Election of Supreme Judges. 7. Salaries of the Supreme Judges.
8. Appeals and Writs of Error. 9. Appointment of Reporter. IO. Clerks of the Supreme Court.
Ir. Appellate Courts Authorized. 12. Jurisdiction of Circuit Courts.
13. Formation of Judicial Circuits.
14. Time of holding Circuit Courts.
15. Circuits containing Four Judges.
16. Salaries of the Circuit Judges.
17. Qualification of Judges or Commissioners.
2 18. County Judges-County Clerks.
1). Appeals from County Courts.
20. Probate Courts Authorized.
21. Justices of the Peace and Constables.
22. State's Attorney in each County.
23. Cook County Courts of Record.
24. Chief Justice-Power of Judges. 25. Salaries of the Judges. 26. Criminal Court of Cook County. 27. Clerks of Cook County Court. 28. Justices in Chicago.
¿ 29. Uniformity in the Courts.
2 30. Removal of any Judge.
¿ 31. Judges to make Written Reports.
32. Terms of Office-Filling Vacancies.
¿ 3 :. Process-Prosecutions-Population.
¿ I. The judicial powers, except as in this article is otherwise provided, shall be vested in cne supreme court, circuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns.
SUPREME COURT.
{ 2. The supreme court shall consist of seven judges, and shall have original jurisdic- tion in cases relating to the revenue, in mandamus, and habeas corpus, and appellate juris- diction in all other cases. One of said judges shall be chief justice ; four shall constitute a quorum, and the concurrence of four shall be necessary to every decision.
2 3. No person shall be eligible to the office of judge of the supreme court unless he shall be at least 30 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 resident of the district in which he shall be elected.
¿ 4. Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same; and until otherwise provided by law, one or more terms of said court shall be held, for the northern division, in the city of Chicago, each year, at such times as said court may appoint, whenever said city or the county of Cook shall provide appropriate rooms 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, Cen- tral and Northern, until otherwise provided by law. The State shall be divided into seven districts for the election of judges, and until otherwise provided by law, they shall be as follows :
First District .- The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, William- son, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac.
Second District .- The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and Christian.
Third District .- The counties of Sangamon, Macon, Logan, De Witte, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie, and Tazewell.
Fourth District .- The counties of Fulton, McDonough, Hancock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott.
Fifth District .- The counties of Knox, Warren, Henderson, Mcrcer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, Lasalle, Grundy and Woodford.
Sixth District .- The counties of Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De Kalb, Lee, Ogle 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 herein, 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 countics, in as nearly compact form as circumstances will permit. The alteration of the districts shail not affect the tenure of office of any judge.
2 6. At the time of voting on the adoption of this constitution, one jadge of the supreme court shall be elected by the clectors 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 adoption of this constitution, shall be nine years ; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of this constitution, or of the judges then elected, shall expire, and every nine years thereafter, there shall be an election for the successor or successors of such judges, in the respective district; 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 the.r number chief justice.
2 7. From and after the adoption of this constitution, the judges of the supreme court shall each receive a salary of $4,000 per annum, payable quarterly, until otherwise provided by law. And after said salaries shall be fixed by law, the salaries of the judges in office shall not be increased or diminished during the terms for which said judges have been elected.
¿ 8. Appeals and writs of error may be taken to the supreme court, held in the grand division in which the case is decidel, or, by consent of the parties, to any other gran.l division.
¿ 9. The supreme court shall appoint one reporter of its decisions, who shall hold his office for six years, subject to removal by the court.
¿ Io. At the t me of the election for representatives in the general assembly, happening next preceding the expiration of the terms of office of the present clerks of said cou t, one elerk 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.
¿ II. After the year of our Lord 1874, inferior appellate courts, of uniform organization and jurisdiction, may be created in districts formed for that purpose, to which such appeals and writs of error as the general assembly may provide, may be prosecuted from circuit and other courts, and from which appeals and writs of error shall lie to the supreme court, in all criminal cases, and eases in which a franchise, or freehold, or the validity of a statute is involved, and in such other cases as may be provided by law. Such appellate courts shall be held by such number of judges of the circuit courts, and at such times and places, and in such manner, as may be provided hy law; but no judge shall sit in review upon case; decided by him; nor shall said judges receive 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 popila . tion of 100,000, shall be divided into judicial circuits, prior to the expiration of the term ; of office of the present judges of the circuit courts. Sach circuits sh ill be formed of con- tiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, andt shall not exceed in number one circuit for every 100,000 of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed and the boundaries of circuits changed by the general assembly, at its session next preceding the election for circuit judges, but at no other time : Provided, that the circuits may be equalized cr changed at the first session of the general assembly, after the adoption of this constitution. The creation, alteration or change of any circuit shall not affect the tenure of office of any judge. When- cver the business of the circuit court of any one, or of two or more contiguous counties, containing a population exceeding 50,000, shall occupy nine months of the year, the general assembly may make of such county, or counties, a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed.
¿ 14. The general assembly shall provide for the times of holding courts in each county ; which shall not be changed, except by the general assembly next preceding the general election for judges of said courts; but additional terms may be provided for in any county. The election for judges of the circuit courts shall be hell on the first Monday of June, in the year of our Lord 1873, and every six years thereafter.
2 15. The general assembly may divide the State into judicial circuits of greater popu- lation and territory, in lieu of the circuits provided for in section 13 of this article, an l provide for the election therein, severally, by the electors thereof, by general ticket, of not exceeding four judges, who shall hold the circuit courts in the circuit for which they shall be elected, in such manner as may be provided by law.
& 16 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 liw. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall he, respectively, elected; and from aud after the adoption of this constitution, no judge of the supreme cr circuit court shall receive any other compensation, perquisite or benefit, in any form whatsoever, 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 resided in this State five years next preceding his election, and be a resident of the circuil, county, city, cities, or incorporated town in which he shall be elected.
COUNTY COURTS.
¿ 18. There shall be elected in and for cach county, one county judge and one clerk of the county court, whose terms of office shall be four years. But the general assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such districts. County courts shall be courts of record, and shall have original jurisdic- tion in all matters of probate; settlement of estates of deceased persons; appointment of guardians and conservators, and settlements 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 determinations of county courts, as may be provided by law.
PROBATE COURTS.
¿ 20. The general assembly may provide for the establishment of a probate court in each county having a population of over 50,000, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when established, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appoint. ment of guardians and conservators, and settlement of their accounts ; in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts.
JUSTICES OF THE PEACE AND CONSTABLES.
¿ 21. Justices of the peace, police magistrates, and constables shall be elected in and for such districts as are, or may be, provided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform.
STATE'S ATTORNEYS.
3. 22. At the election for members of the general assembly in the year of our Lord 1872. and every four years thercafter, there shall be elected a State's attorney in and for each county, in licu of the State's attorneys now provided by law, whose term of office shall be four years.
COURTS OF COOK COUNTY.
2 23. The county of Cook shall be one judicial circuit. The circuit court of Cook county shall consist of five judges, until their number shall be increased, as herein provided. The present judge of the recorder's court of the city of Chicago, and the present judge of the circuit court of Cook county, shall be two of said judges, and shall remain in office for the terms for which they were respectively elected, and until their successors shall be elected and qualified. The superior court of Chicago shall be continued, a.id c.illed the superior court of Cook county. The general assembly may increase the number of said judges by adding one to either of said courts for every additional 50,000 inhabitans in said county, over and above a popul ition of 400,000. The terms of office of the jadres of said courts hereafter elected, shall be six years.
& 24. The judge having the shortest unexpired term shall be chief justice of the court of which he is julge. In case there are two or more whose terms expire at the same time, it may be determined by lot which shall be chief justice. Any judge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Each of them may hold a different branch thereof at the same time.
2 25. The judges of the superior and circuit courts, and the State's attorney, in said county, shall receive the same salaries, payable out of the State treasury, as is or may be paid from said treasury to the circuit judges and State's attorneys of the State, and such further compensation, to be paid by the county of Cook, as is or may be provided by law ; such compensation shall not be changed during their continuance in office.
& 25. The recorder's court of the city of Chicago shall be continued, and shall be calle 1 the " criminal court of Cook county." It shall have the jurisdiction of a circuit court, in all cases of criminal and quasi criminal nature, arising in the county of Cook, or that may
be brought before said court pursuant to law ; and all recognizances and appeals taken in said county, in criminal and quasi criminal cases shall be returnable and taken to said court. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi criminal matters, and to dispose of unfinished business. The terms of said criminal court of Cook county shall be held by one or more of the judges of the circuit or superior court of Cook county, as nearly as may be in alternation, as may be determined by said judge-, or provided by law. Said judges shall be ex-officio judges of said court.
2 27. The present clerk of the recorder's court of the city of Chicago, shall be the clerk of the criminal court of Cook county, during the term for which he was elected. The present clerks of the superior court of Chicago, and the present clerk of the circuit court of Cook county, shall continue in office during the terms for which they were respectively clected; and thereafter there shall be but one clerk of the superior court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified.
2 28. All justices of the peace in the city of Chicago shall be appointed by the governor, by and with the advice and consent of the senate, (but only upon the recommendation of a majority of the judges of the circuit, superior and county courts, ) and for such districts as are now or shall hereafter be provided by law. They shall hold their offices for four years, and until their successors have been commissioned and qualified, but they may be removed by summary proceedings in the circuit or superior court, for extortion or other malfeasance. Existing justices of the peace and police magistrates may hold their offices until the expiration of their respective terms.
GENERAL PROVISIONS.
¿ 29. All judicial officers shall be commissioned by the governor. All laws relating to cour s shall be general, and of uniform operation ; and the organization, jurisdiction, powers, proceedings and practice of all courts, of the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decrees of such courts, severally shall be uniform.
¿ 30. The general assembly may, for cause entered on the journals, upon due notice and opportunity of defense, remove from office any judge, upon concurrence of three-fourths of all the members elected, of each house. All other officers in this article mentioned, shall be removed from office on prosecution and final conviction, for misdemeanor in office.
¿ 31. All judges of courts of record, inferior to the supreme court, shall, on or before the first day of June, of each year, report in writing to the judges of the supreme court. such defects and omissions in the laws as their experience may suggest ; and the judges of the supreme court shall, on or before the first day of January of each year, report in writing to the governor such defects and omissions in the constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. And the judges of the several circuit courts shall report to the next general assembly the number of days they have held court in the several counties composing their respective circuits, the preceding two years.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.