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 66
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¿ 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.
¿ Io. 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 mike a semi-annual report, under oath to some officer to be designated by law, of all his fees and emoluments.
ARTICLE XI.
CORPORATIONS.
T. Fstablished only by General Laws. 2. Existing Charters-How Forfeited. Election of Directors or Manag rs.
3.
4.
Construction of Street Railroads.
5 . State Bank Forbidden-General Law.
6. Liability of Bank Stockho'der.
S spensio i or Specie Paymen :.
Ot a General Banking Law.
9. Railroad Office -- Books and Records.
@ 10. Personal Property of Railroads.
2 11. Consolidations Forbidden.
@ 12. Kailroa. s deemed Highways -- Rates Fixed.
13. Stocks, Bon s and I) vidends.
@ 14. Power over existing Companics,
{ 15. Fr.ight and Passenger Tariff reg lated.
¿ 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 wh it- 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, 1.0W 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- sible 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.
2 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 be 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 assembly shall pass laws enforcing by suitable penalties the provisions of this section.
¿ Io. 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 be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law. And the general assembly shall, from time to time, pass laws establishing reasonable 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 mall- 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.
2 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 ill 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.
2 1. Persons composing the Militia,
& 2. Organization-Equipment-Discipline.
4. Privilege from Arrest. 5. Records, Banners and Relics.
¿ 3. Commissions of Officers.
2 5. Exempt on 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 eightecn and forty-five, except such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this State.
¿ 2. The general assembly, in providing for the organization, equipment and discipline of the militia, shall conform as ncarly as practicable to the regulations for the government of the armies of the United States.
¿ 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.
ramavara
I. What deemed Public Warehouses.
2. Sworn weekly statements required.
3. Examination of property stored.
4. Carriers to deliver full Weight.
5. Delivery of Grain by Railroads.
6. Powerand Duty of the Legislature.
7. Grain Inspection-Protection of Dealers.
3 1. All elevators or storehouses where grain or other property is stored for a compensation, whether the property stored be kept separate or not, are declared to be public warehouses.
2 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 warehouse 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 holder of a receipt for the same, shall always be at liberty to examine such property stored, and all the books and records of the warehouse in regard to such property.
¿ 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.
2 6. It shall be the duty of the general assembly to pass all necessary laws to prevent the issue of false and fraudulent warehouse receipts, and to give full effect to this article of the constitution, which shall be liberally construed so as to protect producers and shippers. And the enumeration of the remedies herein named shall not be construed to deny to the general assembly the power to prescribe by law such other and further remedies as may be found expedient, or to deprive any person of existing common law remedies.
2 7. The general assembly shall pass laws for the inspection of grain, for the protection of producers, shippers and receivers of grain and produce.
ARTICLE XIV.
AMENDMENTS TO THE CONSTITUTION.
¿ I. By a Constitutional Convention.
| @ 2. Proposed by the Legislature.
¿ I. Whenever two-thirds of the members of each house of the general assembly shall, by a vote entered upon the journals thereof, concur that a convention is necessary to revise, alter or amend the constitution, the question shall be submitted to the electors at the next general election. If a majority voting at the election vote for a convention, the general assembly shall, at the next session, provide for a convention, to consist of double the num- ber of the members of the senate, to be elected in the same manner, at the same places, and in the same districts. The general assembly shall, in the act calling the convention, desig- nate the day, hour and place of its meeting, fix the pay of its members and officers, and provide for the payment of the same, together with expenses necessarily incurred by the con- vention in the performance of its duties. Before proceeding, the members shall take an oath to support the constitution of the United States, and of the State of Illinois, and to faith- fully discharge their duties as members of the convention. The qualification of members shall be the same as that of members of the senate, and vacancies occurring shall be filled in the manner provided for filling vacancies in the general assembly. Said convention shall meet within three months after such election, and prepare such revisions, alterations or amendments of the constitution as shall be deemed necessary, which shall be submitted to the electors for their ratification or rejection, at an election appointed by the convention for that purpose, not less than or more than six months after the adjournment thereof ; and un- less so sul›mitted and approved by a majority of the electors voting at the election, no such revisions, alterations or amendments shall take effect.
2. Amendments to this constitution may be proposed in either house of the general as- sembly, and if the same shall be voted for by two-thirds of all the members elected to each of the two houses, such proposed amendments, together with the yeas and nays of each house thereon, shall be entered in full on their respective journals, and said amendments shall be submitted to the electors of this State for adoption or rejection, at the next election of members of the general assembly, in such manner as may be prescribed by law. The proposed amendments shall be published in full at least three months preceeding the election, and if a majority of electors voting at said election shall vote for the proposed amendments, they shall become a part of this constitution. But the general assembly shall have no power to propose amendments to more than one article of this constitution at the same session, nor to the same article oftner than once in four years.
SEPARATE SECTIONS.
Illinois Central Railroad. Illinois and Michigan Canal.
Municipal Subscription to Corporations.
No contract, obligation or liability whatever, of the Illinois Central Railroad Company, to pay any moncy into the State treasury, nor any lien of the State upon, or right to tax pro- perty of said company, in accordance with the provisions of the charter of said company, ap- proved Feb, 10, in the year of our Lord 1851, shall ever be released, suspended, modified, altered, remitted, or in any manner diminished or impaired by legislative or other authority ; and all moneys derived from said company, after the payment of the State debt, shall be ap- propriated and set apart for the payment of the ordinary expenses of the State government, and for no other purposes whatever.
MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS.
No county, city, town, township or other municipality, shall ever become subscriber to the capital stock of any railroad or private corporation, or make donation to, or loan its credit in aid of such corporation : Provided, however, that the adoption of this article shall not be construed as affecting the right of any such municipality to make such subscriptions where the same have been authorized, under existing laws, by a vote of the people of such munici- palities prior to such adoption.
CANAL.
The Illinois and Michigan Canal shall never be sold or leased until the specific proposi- tion for the sale or lease thereof shall have first been submitted to a vote of the people of the State, at a general election, and have been approved by a majority of all the votes polled at such election. The general assembly shall never loan the credit of the State, or make appropriations from the treasury thereof, in aid of railroads or canals : Provided, that any surplus earnings of any canal may be appropriated for its enlargement or extension,
SCHEDULE.
¿ I. Laws in force remain valid. 2. Fines, Penalties, and Forfeitures. 2 3. Recognizances, Bonds, Obligations.
4. Present county Courts continued.
5. All existing Courts continued. 2 6. Persons now in Office continued.
That no inconvenience may arise from the alterations and amendments made in the constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared :
¿ I. That all laws in force at the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts of this State, individuals, or bodies corporate, shall continue to be as valid as if this constitution had not been adopted.
¿ 2. That all fines, taxes, penalties and forfeitures, due and owing to the State of Illinois under the present constitution and laws, shall insure to the use of the people of the State of Illinois, under this constitution.
¿ 3. Recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Illinois, to any State or county officer or public body, shall remain binding and valid; and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this State.
¿ 4. County courts for the transaction of county business in counties not having adopted township organization, shall continue in existence and exercise their present jurisdiction until the board of county commissioners provided in this constitution is organized in pur- suance of an act of the general assembly ; and the county courts in all other counties shall have the same power and jurisdiction they now possess until otherwise provided by general law.
2 5. All existing courts which are not in this constitution specially enumerated, shall con- tinue in existence and exercise their present jurisdiction until otherwise provided by law.
¿ 6. All persons now filling any office or appointment shall continue in the exercise of the duties thereof according to their respective commissions or appointments, unless by this constitution it is otherwise directed.
2 18. All laws of the State of Illinois, and all official writings, and the executive, legisla- tive and judicial proceedings, shall be conducted, preserved and published in no other than the English language.
¿ 19. The general assembly shall pass all laws necessary to carry into effect the provisions of this constitution.
2 20. The circuit clerks of the different counties having a population over sixty thousand, shall continue to be recorders (ex-officio) for their respective counties, under this constitu- tion, until the expiration of their respective terms.
2 21. The judges of all courts of record in Cook County shall, in lieu of any salary pro- vided for in this constitution, receive the compensation now provided by law until the ad- journment of the first session of general assembly after the adoption of this constitution.
¿ 22. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county until otherwise provided by law.
¿ 23. When this constitution shall be adopted, and take effect as the supreme law of the State of Illinois, the two-mill tax provided to be annually assessed and collected upon each dollar's worth of taxable property, in addition to all other taxes, as set forth in article fifteen of the now existing constitution, shall cease to be assessed after the year of our Lord one thousand eight hundred and seventy.
2 24. Nothing contained in this constitution shall be so construed as to deprive the genera assembly of the power to authorize the city of Quincy to create any indebtedness for rail- road or municipal purposes, for which the people of said city shall have voted, and to which they shall have given, by such vote, their assent, prior to the thirteenth day of December, in the year of our Lord one thousand eight hundred and sixty-nine : Provided, that no such indebtedness, so created, shall in any part thereof be paid by the State, or from any State revenue, tax or fund, but the same shall be paid, if at all, by the said city of Quincy alone, and by taxes to be levied upon the taxable property thereof : And provided, further, that the general assembly shall have no power in the premises that it could not exercise under the present constitution of this State.
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