USA > Illinois > Jackson County > History of Jackson County, Illinois : with illustrations descriptive of its scenery and biographical sketches of some of its prominent men and pioneers > Part 45
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¿ 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 subject shall he embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed ; and no law shall be revived or amended by reference to its title only, but the law revived, or the section amended, shall be inserted at length in the new act. And no act of the general assembly shall take effect until the first day of July next after its passage, unless, in case of emergency, (which emergency shall be expressed in the preamble or body of the act), the general assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct.
PRIVILEGES AND DISABILITIES.
¿ 14. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
2 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 appointments, and all votes given for any such members for any such office 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 appropriations 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.
2 17. No money shall be drawn from the treasury except in pursuance of an appropriation made by law, and on the presentation 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 adjournment of each session of the general assembly, prepare and publish a full statement of all money expended at such session, specifying the amount of each item, and to whom and for what paid.
¿ 18. Each general assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of the members elected to each house, nor exceed the amount of revenue authorized 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 aggregate $250,000; and moneys thus borrowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose ; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the State in war, (for payment of 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 submitted 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 taken upon the same; and provision shall be made, at the time, for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue; which law, providing for the payment of such 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 he contracted.
¿ 19. The general assembly shall never grant or authorize extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered or a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the State under any agreement or contract made without express authority of law ; and all such unauthorized agreements or contracts shall be null and void : Provided, the general assembly may make appropriations for expenditures 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 extend its credit to, or in aid of any public or other corporation, association or individual.
PAY OF MEMBERS.
¿ 21. The members of the general assembly shall receive for their services the sum of $5 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 the sum of $50 per session to each member, which shall be in full for postage, stationery, newspapers, and all other incidental 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 changes of venue in civil and criminal cases ;
Incorporating cities, towns, or villages, or changing or amending the charter of any town, city or village ;
Providing for the election of members of the board of supervisors in townships, incorporated towns or cities ;
Summoning and impaneling 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 allowances 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 ;
Granting to any corporation, association or individual any special 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 obligation 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 affirma- tion, 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 disqualification to hold any office of honor, profit or trust uuder the government of this State. The party, whether convicted or acquitted, 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
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HISTORY OF JACKSON COUNTY, ILLINOIS.
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 manner 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 enforcement of said laws by such penalties and punishments as may be deemed proper.
2 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 owners 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.
2 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 aggregrate, $3,500,000, inclusive of all appropriations heretofore made, without first suhmitting the proposition for an additional expenditure to the legal voters of the State, at a general election ; nor unless a majority of all the votes at such election shall be for the proposed additional expenditure.
ARTICLE V.
EXECUTIVE DEPARTMENT.
1. Officers of this Department.
2 14. 2 15.
Governor as Commander-in-Chief. Impeachment for Misdemeanor.
2. Of the State Treasurer.
3.
Time of Electing State Officers.
2 16.
Veto of the Governor.
4. Returns-Tie-Contested Election.
2 17.
Lieutenant-Governor as Governor.
5 Eligibility for Office.
6. Governor-Power and Duty.
2 19. Vacancy in Governor's Office.
7. His Message and Statement.
3 20. Vacancy in other State Offices.
2 21. Reports of State Officers.
22 Great Seal of State
2 10. Nominations by the Governor.
2 23. Fees and Salaries.
2 11. Vacancies may be filled.
Definition of "Office."
12 . Kemovals by the Governor.
1 2 25.
Oath of Civil Officers.
₹ 13. Reprieves-Commuta ions-Pardons.
EXECUTIVE DEPARTMENT.
1. The executive department shall consist of a Governor, Lieutenant-Governor, Sec- retary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruc- tion, and Attorney-General, who shall, each, with the exception of the Treasurer, hold his office for the term of four years from the second Monday of January next after his election, and until his successor is elected and qualified. They shall, except the Lieutenant Gov- ernor, reside at the seat of government during their term of office, and keep the public records, hooks and papers there, and shall perform such duties as may be prescribed by law. 3. 2. The Treasurer shall hold his office for the term of two years, and until his suc- cessor 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 Governor to give reasonable additional security, and in default of so doing his office shall he deemed vacant.
ELECTION.
2 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 Novem- ber, in the year 1870, and every four years thereafter; and for Treasurer on the day last above mentioned, and cvery two years thereafter, at such places and in such manner as may be prescribed hy law.
¿ 4. The returns of every election for the above named officers shall be sealed up and transmitted, hy the returning officers, to the Secretary of State, directed to "The Speaker of the House of Representatives," who shall, immediately after the organization 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 declared 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 de- termined by both houses of the general assembly, by joint ballot, in such manner as may be prescribed by law.
ELIGIBILITY.
2. 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 citizen of the United States and of this State. Neither the governor, 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 governor, 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 dcem expedient. He shall account to the general assembly, and accompany his message with a statement of all moneys re- ceived and paid out by him from any funds subject to his order, with vouchers, and, at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes.
¿ 8. The governor may, on extraordinary occasions, convene the general assembly, by proclamation, stating therein the purpose 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 adjourn- ment, the governor may, on the same being certified to him, by the house first moving the adjournment, 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 selected concurring, by yeas and nays,) appoint all officers
whose offices 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 general assembly.
¿ 11. In case of a vacancy, during the recess of the senate, in any office which is not elective, the governor shall make a temporary 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 concurring by yeas and nays), shall hold his office during the remainder of the time, and until his successor shall be appointed and qualified. No person, after being rejected by the senate. shall be again nominated for the same office at the same session, unless at the request of the senate, or be appointed to the same office during the recess of the general assembly.
¿ 12. The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office ; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy.
¿ 13. The governor shall have power to grant reprieves, commutations 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 military and naval forces of the State (except when they shall be called into the service of the United States) ; and may call out the same to execute the laws, suppress insurrection, and repel invasion.
¿ 15. The governor, and all civil officers of this State, shall be liable to impeachinent for any misdemeanor in office.
VETO.
¿ 16. Every hill 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 lieutenant-governor.
2 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 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 § 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 suchi 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, froin all sources, and for every service performed, and a semi- annual report thereof he 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 estab- 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 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, 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.
0 18 As President of the Senate.
8. Convening the General Assembly. Proroguing the General Assembly. 9
135
HISTORY OF JACKSON COUNTY, ILLINOIS.
ARTICLE VI.
JUDICIAL DEPARTMENT.
I. Judicial Powers of Courts.
2. Seven Supreme Judges-Four Decide.
3. Qualifications of a Supreme Judge.
4. Terms of the Supreme Court.
21. Justices of the Peace and Constables.
22. State's Allorney 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 Courl.
¿ 28. Justices in Chicago.
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