USA > Illinois > Madison County > History of Madison County, Illinois With biographical sketches > Part 136
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2 12. The governor shall have power to remove any officer whom he may appoint, in ease 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, com- mutations 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 mili- try 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 eivil officers of this State, shall be liable to impeachment for any misdemeanor in office.
VITC.
¿ 16. Every bill passed by the general assembly : hall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law ; but if he de 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 gover- nor. But in all such cases, the vote of each house shall be de- termined 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 re- turn; in which case it shall be filed, with his objections, in the office of the secretary of State, within ten days after such adjourn- ment, or become a law.
LIEUTENANT-GOVERNOR.
¿ 17. In case of death, conviction or impeachment, failure to qualify, resignation, absence from the State, or other disability of the governor, the powers, duties, the emoluments of the office for the residue of the term, or until the disability shall be re- moved, 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 sonate 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 incapa- blo 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, sec- retary of State, attorney general, or superintendent of public in- struction 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 executive 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 | receding each regular session of the general assembly, severally report to the governor, who shall transmit such reports to the general as- sembly, together with the reports of the judges of the supreme court of the defeets in the constitution and laws ; and the gover- nor 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.
THIE 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 lıw.
FEES AND SALARIES.
¿ 23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be in- creased or diminished during their official ternis, and they shall not after the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. 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, be- fore 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.
ARTICLE VI.
JUDICIAL DEPARTMENT.
1. 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 Writs of Error.
9. Appointment of Reporter.
10. Clerks of the Supreme Court.
11. Appellate Courts Authorized.
12. Jurisdiction of Circuit Courts.
13. Formation of Judicial Circuito,
14. Time of holding Circuit Courts.
15. Circuits containing Four Judges. 16. Salaries of the Circuit Judges.
17. Qualifications of Judges or Com- missioners
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18. County Judges-County Clerks. 19. Appeals from County Courts.
20, Probate Courts Authorized.
21. Justices of the Peace and Consta- bles.
22. State's Attorney in each County, 23. Cook County Courts of Record. 24. Chief Justice-Power of Judges. 25. Salaries of the Judges. 26. Criminal Court of Cock County. 27. Clerks of Cook County Court.
28. Justices in Chicago.
20. Uniformity in the Courts.
30. Removal of any Judge.
31. Judges to make Written Reports.
32. Terms of Office-Filling Vacau- cies.
¿ 33. Process-Prosecutions-Popula- tion.
¿ 1. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, cireuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incor- porated towns.
SUPREME COURT.
¿ 2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus, and habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice ; four shall constitute a quorum, and the concurrence of four shall be neces- sary to every decision.
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HISTORY OF MADISON COUNTY, ILLINOIS.
¿ 3. No person shall be eligible to the office of judge of the supreme court unless he shall be at least thirty 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 resi- dent 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 room therefor, and the use of a snitable 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.
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¿ 5. The present grand divisions shall be preserved, and be denominated Southern, Central 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, Washing- ton, Jefferson, Wayne, Edwards. Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac.
Second District .- The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- gomery, Macounin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and Christian.
Third District-The counties of Sangamon, Macon, Logan, De Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Living- ston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell.
Fourth District .- The counties of Fulton, MeDonough, Han- cock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott.
Fifth District .- The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, Lasalle, Grundy and Woodford.
Sirth District .- The counties of Whiteside, Carroll, Jo Davies, Stephenson, Winnebago, Boone, MeHenry, Kane, Kendall, De Kalb, Lee, Ogle and Rock Island.
Seventh District .- The counties of Lake, Cook, Will, Kankakee an ] 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 shall not affect the tenure of an 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 judge 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 oue of their number as chief jus- tice.
¿7. From and after the adoption of this constitution, the julges 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 deci- sions, who shall hold his office for six years, subject to removal by the court.
¿ 10. At the time of the election for representative in the gen- eral assembly, happening next preceding the expiration of the
terms of office of the present clerks of said court, 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.
¿ 11. After the year of our Lord 1874, inferior appellate courts of uniform organization and jurisdiction, may be created in dis- tricts formed for that purpose, to which such appeals and writs of error as the general assembly may provide, may be prosecuted from circuit and other courts, and from which appeals and writs of error shall lie to the supreme court, in all criminal cases, and cases in which a franchise, or frechold, cr the validity of a stat- ute is involved, and in such other cases as may be provided by law. Sach appellate courts shall be held by such number of judge; 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 cases decided by him ; nor shall said judges re- ceive any additional compensation for such services.
CIRCUIT COURTS.
¿ 12. The circuit court; 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 cach 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 population of 1(0,000, shall be divided into julicial circuits, prior to the expiration of terms of office of the present judges of the circuit courts. Such circuitsshall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to busi- ne's, 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 cir- cuits changed by the general assembly, at its session next pre- ceding the election for circuit judges, but at no other time: Pro- vided, that the circuits may be equalized or changed at the first session of the general assembly, after the adoption of this con- stitution. The creation, alteration or change of any circuit shall not affect the tenure of office of any judge. Whenever the busi- ness of the circuit court of any one, or of two or more contigu- ous counties, containing a population exceeding 50,000, shall oc- cupy nine months of the year, the general assembly may make of such county, or conntics, a separate circuit. Whenever addi- tional circuits are created, the foregoing limitations shall be ob- served.
¿ 14. The general assembly shall provide for the times of hold- ing 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 population and territory, in lieu of the circuits provided for in section 13 of this article, and provide for the elec- tion therein, severally, by the electors thereof, by general ticket, of not exceeding four judges, who shall hold the circuit courts for which they shall be elected, in such manner as may be provided by law.
¿ 16. From and after the adoption of this constitution, judges of the circuit courts shall receive a salary of $3,000 per annum, payable quarterly, until otherwise provided by law. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be, re- spectively, elected ; and from and after the adoption of this con- stitution, no judge of the supreme or circuit court shall receive any other compensation, perquisite or benefit, in any form whatso- ever, nor perform any other than judicial duties to which may belong any emoluments.
¿ 17. No person shall be eligible to the office of judge of the circuit or any inferior court, or to membership in the "board of county commissioners," unless he shall be at least 25 years of age, and a citizen of the United States, nor unless he shall have re- sided in this State five years next preceding his election, and he a resident of the circuit, county, city, cities, or incorporated town in which he shall be elected.
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HISTORY OF MADISON COUNTY, ILLINOIS.
COUNTY COURTS.
¿ 18. There shall be elected in and for each county, one judge and one clerk of the county court, whose terms of office shall be four years. But the general assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such districts. County courts shall be courts of record, and shall have original jurisdic- tion in all matters of probate ; settlement of estates of deceased persons ; appointment of guardians and conservators, and settle- ments of their accounts ; in all matters relating to apprentices ; and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law.
¿ 19. Appeals and writs of error shall be allowed from final determination of county courts, as may be provided by law.
PROBATE COURTS.
¿ 20. The general assembly may provide for the establishment of a probate court in each county having a population of over 50,000, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when established, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appointment of guardians and conservators, and settlement of their accounts ; in all matters relating to apprentiees, and in cases of the sales of real estate of deceased persons for the pay- ment of debts.
JUSTICES OF THE PEACE AND CONSTABLES.
¿ 21. Justices of the peace, police magistrates, and constables shall be elected in and for such distriets as are, or may be, pro- vided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform.
STATE'S ATTORNEYS.
¿ 22. At the election for members of the general assembly in the year of our Lord 1872, and every four years thereafter, there shall be elected a State's attorney in and for each county, in lieu of the State's attorney now provided by law, whose term of office shall be four years.
COURTS OF COOK COUNTY.
¿ 23. The county of Cook shall be one judicial circuit. The circuit court of Cook county shall consist of five judges, until their number shall be increased, as herein provided. The present judge of the recorder's court of the city of Chicago, and the pres- ent judge of the circuit court of Cook county, shall be two of said judges, and shall remain in office for the terms for which they were respectively elected, and until their successors shall be elected and qualified. The superior court of Chicago shall be continued, and called the superior court of Cook county. The general assembly may increase the number of said judges by ad- ding one to either of said courts for every additional 50,000 in- habitants in said county, over and above a population of 400,000. The terms of office of the judges of said courts hereafter elected, shall be six years.
¿ 24. The judge having the shortest unexpired term shall be chief justice of the court of which he is judge. In case there are two or more whose terms expire at the same time, it may be determined by lot which shall be chief justice. Any judge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Each of them may hold a different branch thereof at the same time.
¿ 25. The judges of the superior and circuit courts, and the State's attorney, in said county, shall receive the same salaries, payable out of the State treasury, as is or may be paid from said treasury to the circuit judges and State's attorneys of the State, and such further compensation, to be paid by the county of Cook, as is or may be provided by law ; such compensation shall not be changed during their continuance in offiee.
¿ 26. The recorder's court of the city of Chicago shall be con- tinued, and shall be called the "criminal court of Cook county." It shall have the jurisdiction of a circuit court, in all cases of criminal and quasi criminal nature, arising in the county of Cook, or that may be brought before said court pursuant to law ; and all recognizanees and appeals taken in said county, in criminal and quasi criminal cases shall be returnable and taken to said conrt. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi erim- inal matters, and to dispose of unfinished business. The terms
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of said criminal court of Cook county shall be held by one or more of the judges of the circuit or superior court of Cook county, as nearly as may be in alternation, as may be determined by said judges, or provided by law. Said judges shall be ca- ufficio judges of said court.
¿ 27. The present clerk of the recorder's court of the city of Chicago, shall be the clerk of the criminal court of Cook county, during the term for which he was elected. The present elerks of the superior court of Chicago, and the present elerk of the eireuit court of Cook county, shall continue in office during the terms for which they were respectively elected; and thereafter there shall be but one elerk of the superior court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified.
¿ 28. All justices of the peace in the city of Chicago shall be appointed by the governor, by and with the advice and consent of the senate, (but only upon the recommendation of a majority of the judges of the circuit, superior and county courts,) and for such districts as are now or shall hereafter be provided by law. They shall hold their offiees for four years, and until their suc- cesssors have been commissioned and qualified, but they may be removed by summary proceedings in the circuit or superior court, for extortion or other malfeasance. Existing justices of the peace and police magistrates may hold their offices until the expiration of their respective terms.
GENERAL PROVISIONS.
¿ 29. All judicial officers shall be commissioned by the gover- nor. All laws relating to courts shall be general, and of uniform operation ; and the organization, jurisdiction, power, proceedings and practice of all courts, of the same class or grade, so far as regulated by law, and the force and effect of the process, judg- ments and decrees of such courts, severally sball be uniform.
¿ 30. The general assembly may, for eause entered on the journals, upon dne notice and opportunity of defense, remove from office any judge, upon concurrence of three-fourths of all the members elected, of each house. All other officers in this article mentioned, shall be removed from office on prosecution and final conviction, for misdemeanor in office.
¿ 31. All judges of courts of record, inferior to the supreme court, shall, on or before the first day of June, of each year, re- port in writing to the judges of the supreme court, such defects and omissions in the laws as their experience may suggest ; and the judges of the supreme court shall, on or before the first day of January of each year, report in writing to the governor such defects and omissions in the constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. And the judges of the several circuit courts shall report to the next general assembly the num- ber of days they have held court in the several counties compos- ing their respective circuits, the preceding two years.
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