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 47
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¿ 4. The general assembly shall provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes or special assessments for State, county, municipal or other purposes, that a return of such unpaid taxes or assessments shall be to some general officer of. the county having authority to receive State and county taxes; and there shall be no sale of said property for any of said taxes or assessments but by said officer, upon the order or judgment of some court of record.
¿ 5. The right of redemption from all sales of real estate for the non-payment of taxes or special assessments of any character whatever, shall exist in favor of owners and persons interested in such real estate, for a period of not less than two years from such sales thereof. And the general assembly shall provide by law for reasonable notice to be given to the owners or parties interested, by publication or otherwise, of the fact of the sale of the prop- erty for such taxes or assessments, and when the time of redemption shall expire : Provided, that occupants shall in all cases be served with personal notice before the time of redemp- tion expires.
¿ 6. The general assembly shall have no power to release or discharge any county, city, township, town or district whatever, or the inhabitants thereof or the property therein, from their or its proportionate share of taxes to be levied for State purposes, nor shall commuta- tion for such taxes he authorized in any form whatsoever.
¿ 7. All taxes levied for State purposes shall be paid into the State treasury.
¿ 8. County authorities shall never assess taxes the aggregate of which shall exceed 75 cents per $100 valuation, except for the payment of indebtedness existing at the adoption of this constitution, unless authorized by a vote of the people of the county,
2 9. The general assembly may vest the corporate authorities of cities, towns, villages, with power to make local improvements by special assessment or by special taxation of con- tiguous property or otherwise. For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform in respect to persons and property, with the jurisdiction of the body imposing the same.
¿ Io. The general assembly shall not impose taxes upon municipal corporations, or the in- habitants or property thereof, for corporate purposes, but shall require that all the taxable property within the limits of municipal corporations shall be taxed for the payment of debts contracted under authority of law, such taxes to be uniform in respect to persons and prop- erty, within the jurisdiction of the body imposing the same. Private property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal corporation.
¿ II. No person who is in default, as a collector or custodian of money or property belong- ing to a municipal corporation, shall be eligible to any office in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office, shall be increased or diminished during such terni.
¿ 12. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including ex- isting indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be construed to prevent any county, city, township, school district, or other municipal corporation from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this constitution in pursuance of any law providing therefor.
ARTICLE X.
COUNTIES.
2. Division of any County.
3. Territory stricken froin a County.
10. Salaries fixed by County Board.
II. Township Officers-Special Laws.
12. All Future Fees Uniform.
7. County affairs in Cook County.
condurararaso
8. County Officers-Terms of Office.
9. Salaries and Fees in Cook County.
4. Removal of a County Seat.
5. Method of County Government.
6. Board of County Commissioners.
13. Sworn Reports of all Fees.
¿ I. No new county shall be formed or established by the general assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less con- tents than 400 square iniles; nor shall any county be formed of less contents ; nor shall any line thereof pass within less than ten miles of any county seat of the county, or counties proposed to be divided.
ARTICLE VII. SUFFRAGE.
I. Who are Entitled to Vote.
4. Absence on Public Business.
5. Soldier not Deemed a Resident.
4. Sale of Real Property for Taxes. 5. Right of Redemption therefrom.
6. Release from Taxation Forbidden.
&. Limitation on County Taxes.
137
HISTORY OF JACKSON COUNTY, ILLINOIS.
¿ 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county, voting on the question, shall vote for the same.
¿ 3. There shall be no territory stricken from any county, unless a majority of the voters living in such territory shall petition for such division; and no territory shall be added to any county without the consent of the majority of the voters of the county to which it is proposed to be added. But the portion so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for, and obliged to pay its proportion of indebtedness of the county from which it has been taken.
COUNTY SEATS.
2 4. No county seat shall be removed until the point to which it is proposed to be removed shall he fixed in pursuance of law, and three-fifths of the voters of the county, to he ascer- tained in such manner as shall be provided by general law, shall have voted in favor of its removal to such point ; and no person shall vote on such question who has not resided in the county six months, and in the election precinct ninety days next preceding such election. The question of the removal of a county seat shall not be oftener submitted than once in ten years, to a vote of the people. But when an attempt is made to remove the county seat to a point nearer to the centre of a county, then a majority vote only shall be necessary.
COUNTY GOVERNMENT.
¿ 5. The general assembly shall provide, hy general law, for township organization, under which any county may organize whenever a majority of the legal voters of such county, voting at any general election, shall so determine, and whenever any county shall adopt township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county by the board of county commissioners, may be dispensed with, and the affairs of said county may be transacted in such manner as the general assem- bly may provide. And in any county that shall have adopted a township organization, the question of continuing the same may be submitted to a vote of the electors of such county, at a general election, in the manner that now is or may be provided by law ; and if a ma- jority of all the votes cast upon that question shall be against township organization, then such organization shall cease in said county ; and all laws in force in relation to counties not having township organization, shall immediately take effect and be in force in such county. No two townships shall have the same name, and the day of holding the annual township meeting shall be uniform throughout the State.
¿ 6. At the first election of county judges under this constitution, there shall be elected in each of the counties in this State, not under township organization, three officers, who shall be styled ". The board of county commissioners," who shall hold sessions for the trans- action of county business as shall be provided by law. One of said commissioners shall hold his office for one year, one for two years, and one for three years, to be determined by lot ; and every year thereafter one such officer shall be elected in each of said counties for the term of three years.
¿ 7. The county affairs of Cook county shall be managed by a hoard of commissioners of fifteen persons, ten of whom shall be elected from the city of Chicago, and five from towns outside of said city, in such manner as may be provided by law.
COUNTY OFFICERS AND THEIR COMPENSATION.
¿ 8. In each county there shall be elected the following county officers : County judge, sheriff, county clerk, clerk of the circuit court, (who may be ex-officio recorder of deeds, ex- cept in counties having 60,000 and more inhabitants, in which counties a recorder of deeds shall he elected at the general election in the year of our Lord 1872,) treasurer, surveyor, and coroner, each of whom shall enter upon the duties of his office, respectively, on the first Monday of December after their election; and they shall hold their respective offices for the term of four years, except the treasurer, sheriff and coroner, who shall hold their office for two years, and until their successors shall be elected and qualified.
2 9. The clerks of all the courts of record, the treasurer, sheriff, coroner and recorder of deeds of Cook county, shall receive as their only compensation for their services, salaries to be fixed by law, which shall in no case be as much as the lawful compensation of a judge of the circuit court of said county, and shall be paid, respectively, only out of the fees of the office actually collected. All fees, perquisites and emoluments (above the amount of said salaries) shall be paid into the county treasury. The number of the deputies and assistants of such officers shall be determined by rule of the circuit court, to be entered of record, and their compensation shall be determined by the county board.
2 10. The county board, except as provided in ¿ 9 of this article, shall fix the compensa- tion of all county officers, with the amount of their necessary clerk hire, stationery, fuel and other expenses, and in all cases where fees are provided for, said compensation shall be paid only out of, and shall in no instance exceed, the fees actually collected ; they shall not allow either of them more per annum than $1,500, in counties not exceeding 20,000 inhabitants ; $2,000 in counties containing 20,000 and not exceeding 30,000 inhabitants ; $2,500 in coun- ties containing 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties containing 50,000 and not exceeding 70,000 inhabitants ; $3,500 in counties containing 70,000 and not exceeding 100,000 inhabitants ; and $4 000 in counties containing over 100,000 and not ex- ceeding 250,000 inhabitants ; and not more than $1,000 additional compensation for each ad- ditional 100,000 inhabitants : Provided, that the compensation of no officer shall be increased or diminished during his term of office. All fees or allowances by them received, in excess of their said compensation, shall be paid into the county treasury.
¿ II. 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 pro- vided 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 general 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 suc- cessors, so as to reduce 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. This article shall not be construed as depriving the general assembly of the power to reduce 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 emoluments.
ARTICLE XI. CORPORATIONS.
Established only by General Laws. Existing Charters-How Forfeited. Election of Directors or Managers. Construction of Street Railroads. State Bank Forbidden-General Law. Liability of Bank Stockholder.
Suspension of Specie Payment.
Of a General Banking Law.
-
9. Railroad Office-Books and Records.
II.
10. Personal Property of Railroads. Consolidations Forbidden.
12. Railroads deemed Highways-Rates Fixed.
13. Stocks, Bonds and Dividends.
14. Power over existing Companies,
2 15. Freight and Passenger Tariff regulated.
¿ I. No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, 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 organization of all corporations hereafter to be created.
¿ 2 All existing charters or grants of special or exclusive privileges, under which organi- zation 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 whit- ever.
¿ 3. The general assembly shall provide, by law, that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons 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 such directors or managers shall not 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 highway 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 hereafter created. No act of the general assembly authorizing or creating corporations or asssociations, 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 approved 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 respon- sihle 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 banking institutions, 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 the laws of this State, shall make and publish a full and accurate quarterly statement of its affairs, (which shall be cer- tified to, under oath, 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 counter- signing, by an officer of state, of all bills or paper 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 depreciation 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 said deficiency, by deposit- ing additional stocks. And said law shall also provide for the recording of the names of all stockholders 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 maintain a public office or place in this State for the transaction of its business, where transfers of stock shall he made, and in which shall be kept for public inspection, books, in which shall be recorded the amount of capital stock sub- scribed, 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 ac- counts, 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 assenbly shall pass laws enforcing by suitable penalties the provisions of this section.
¿ 10. The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to ex- ecution and sale in the same manner as the personal property of individuals, and the gen- eral assembly shall pass no law exempting any such property from execution and sale.
¿ II. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given, of at least sixty days, to all stock- holders, 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 highways, and shall he 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 maxi- mum rates of charges for the transportation of passengers and freight on the different rail- roads in this State.
¿ 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property, actually received, and applied to the purposes for which such corporation was created ; and all stock dividends, and other fictitious increase of the capital stock or indebt- edness 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 man- ner as may be provided by law.
¿ 14. The exercise of the power, and the right of eminent domain shall never be so con- strued or abridged as to prevent the taking, 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 the 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 discrimin- ation 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 Militia.
2. Organization-Equipment-Discipline.
e 3. Commissions of Officers.
carara 4. Privilege from Arrest. 5. Records, Banners and Relics. 5. Exemption from militia duty.,
¿ I. The militia of the State of Illinois shall consist of all able-bodied male persons, resi- dent in the State, between the ages of eighteen and forty-five, except such persons as now are, or hereafter may be, exempted by the laws of the UnitedStates, or of this State.
3.
138
HISTORY OF JACKSON COUNTY, ILLINOIS.
2 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 government of the armies of the United States.
2 3. All militia officers shall be commissioned by the governor, and may hold their com- missions for such times as the general assembly may provide.
¿ 4. The militia shall, in all cases, except treason, felony or breach of the peace, be privi- leged from arrest during their attendance at musters and elections, and in going to and re- turning from the same.
5. The military records, banners and relics of the State, shall be preserved as an endur- ing 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 equivalent for such ex- emption.
ARTICLE XIII.
WAREHOUSES.
2 1. What deemed Public Warehouses.
2. Sworn weekly statements required.
2 3. Examination of property stored.
2 4. Carriers to deliver full Weight ..
5. Delivery of Grain by Railroads. 6. Power and Duty of the Legislature.
2 7. Grain Inspection-Protection of Dealers.
3 I. 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 public warehouses.
¿ 2. The owner, lessee or manager of each and every public warehouse situated 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 warchouse receipts have been issued, and are, at the time of making such statement, outstanding therefor ; 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 there- of.
¿ 3. The owners of property stored in any warehouse, or liolder of a receipt for the same, shall always be at liberty to examine such property stored, and all the books and records of the warehouse in regard to such property.
2 4. All railroad companies and other common carriers on railroads 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 destina- tion.
2. 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 com- panies ; and all railroad 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 railroad.
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