USA > Illinois > Macon County > History of Macon County, Illinois : with illustrations descriptive of its scenery, and biographical sketches of some of its prominent men and pioneers > Part 64
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MISCELLANEOUS.
2 25. The general assembly shall provide, hy law, that the fucl, stationcry 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
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 be 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. 2 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 terin 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.
¿ 31. The general assembly may pass laws permitting the owners and occupants of lands to construct diains and ditches, for agricultural and sanitary purposes, across the lands of others.
2 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 submitting 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.
. Officers of this Department.
2 14.
2. Of the State 'Treasurer.
2 15.
Governor as Commander-in-Chief. Impeachment for Misdemeanor.
3.
Time of Electing State Officers.
2 16.
Veto of the Governor.
4.
Eligibility for Office.
5. 6. Governor-Power and Duty.
20.
Vacancy in other State Offices.
21. Reports of State Officers.
IO.
&23. Fees and Salaries
II. Vacancies may be filled.
$ 24. Definition of " Office."
12. Kemovals by the Governor.
13. Repricves-Commuta ions-Pardons.
EXECUTIVE DEPARTMENT.
¿ I. 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, books and papers there, and shall perform such duties as may be prescribed by law.
& 2. The Treasurer shall hold his office for the term of two years, and until his 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 be deemed vacant.
ELECTION.
& 3. An election for Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts and Attorney-General, shall be held on the Tuesday next after the first Monday in November, in the year of our Lord 1872, and every four years thereafter; for Superintendent of Public instruction, on the Tuesday next after the first Monday of Novem- ber, in the year 1870, and every four years thereafter; and for Treasurer on the day last above mentioned, and every two years thereafter, at such places and in such manner as may be prescribed by law.
2 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the Secretary of State, directed to "The Speaker of the House of Representatives," who shall, immediately after the 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.
& 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 ‹lection, 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.
2 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 mcasures as he shall deem expedient. He shall account to the general assembly, and accompany his inessage 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 wh. ... e appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the general assembly.
¿ II. 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 ycas 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, cominutations and pardons, after conviction, for all offences, subject to such regulations as may be provided by law relative to he 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.
2 15. The governor, and all civil officers of this State, shall be liable to impeachment 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 he 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 eniolu- ments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant-governor.
¿ 18. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. The senate shall choose a president, pro tempore, to preside in case of the absence or impeachment of the lieutenant-governor, or when he shall 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 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.
2 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, tuke 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 Un'ted States. and the Constitution of the State of Illinois, and that I wilt 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.
Returns-Tie-Contested Election.
17. Lieutenant-Governor as Governor.
18. As President of the Senate.
19. Vacancy in Governor's Office.
His Message and Statement.
7. 8. Convening the General Assembly. Proroguing the General Assembly. 9. Nominations by the Governor.
$ 22. Great Seal of State.
2 25. Oath of Civil Officers.
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.
5. Three Grand Divisions-Seven Districts.
6. Election of Supreme Judges.
7. Salaries of the Supreme Judges.
8. Appeals and Wiits of Error. 9. Appointment of Reporter.
Io. Clerks of the Supreme Court.
It. Appellate Courts Authorized.
12. Jurisdiction of Circuit Courts.
13. Formation of Judicial Circuits.
14. Time of holding Circuit Courts.
15. Circuits containing Four Judges.
2 16. Salaries of the Circuit Judges.
2 17. Qualification of Judges or Commissioners.
18. County Judges-County Clerks.
19. 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.
2 24. Chief Justice-Power of Judges.
25. Salaries of the Judges.
2 26. Criminal Court of Cook County.
2 27. Clerks of Cook County Court. 2 28. Justices in Chicago.
$ 29. Uniformity in the Courts.
2 30. Removal of any Judge.
₹ 31. Judges to make Written Reports.
2 32. Terms of Office-Filling Vacancies.
2 3 .. Process-Prosecutions-Population.
¿ I. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns.
SUPREME COURT.
3. 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.
¿ 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, Rich'and, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Clark, Grecne, 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 counties, in as nearly compact form as circumstances will permit. The alteration of the districts shail not affect the tenure of office of any judge.
¿ 6. At the time of voting on the adoption of this constitution, one judge of the supreme court shall be elected by the electors thereof, in each of said districts numbered two, three, six, and seven, who shall hold his office for the term of nine years from the first Monday of June, in the year of our Lord 1870. The term of office of judges of the supreme court, elected after the 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 districts wherein the term of such judges shall expire. The chief justice shall continue to act as such until the expiration of the term for which he was elected, after which the judges shall choose one of their number chief ju tice.
¿ 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 decided, or, by consent of the parties, to any other grand 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.
¿ 10. At the time 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 clerk of said court for each division shall be elected, whose term of office shall be six years from said election, but who shall not enter upon the duties of his office until the expiration of the term of his predecessor, and every six years thereafter, one clerk of said court for each division shall be elected.
APPELLATE COURTS.
¿ 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 appcals and writs of error shall lie to the supreme court, in all criminal cases, and cases 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 by law; but no judge shall sit in review upon cascs 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 popula . 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. Such 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, and 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 or 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- ever 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 held on the first Monday of June, in the year of our Lord 1873, and every six years thereafter.
¿ 15. The general assembly may divide the State into judicial circuits of greater popu- lation and territory, in lieu of the circuits provided for in section 13 of this article, and provide for the election therein, severally, hy 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.
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