USA > Illinois > Madison County > History of Madison County, Illinois With biographical sketches > Part 137
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¿32. All officers provided for in this article shall hold their offiees until their successors shall be qualified, and they shall, re- spectively, reside in the division, circuit, county or district for which they may be elected or appointed. The terms of office of all such officers, where not otherwise prescribed in this article, shall be four years. All officers, where not otherwise provided for in this article, shall perform such dutics and receive such compensation as is or may be provided by law. Vacancies in such elective offices shall be filled by election ; but where the unexpired term does not exceed one year, the vacancy shall be filled by appointment, as follows : Of judges, by the governor ; of elerks of courts, by the court to which the office appertains, or by the judge or judges thereof; and of all such other officers, by the board of supervisors or board of county commissioners in the county where the vacaney occurs.
¿ 33. All process shall run : In the name of the People of the Stote of Illinois : and all prosecutions shall be carried on : In the name and by the authority of the People of the State of Illinois; and conclude: Against the peace and dignity of the same. "Pop- ulation," wherever used in this article, shall be determined by the next preceding census of this State or of the United States.
ARTICLE VII.
SUFFRAGE.
1. Who are entitled to Vote.
2. All Voting to be by Ballot.
3. Privileges of Electors.
4. Absence on Public Business.
¿ 5. Soldier not deemed a Resident.
6. Qualifications for Office.
7. Persons Convicted of Crime.
¿ 1. Every person having resided in this State one year, in the
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HISTORY OF MADISON COUNTY, ILLINOIS.
connty 90 days, and in the election district 30 days next preced- ing any election therein, who was an elector in this State on the first day of April, in the year of our Lord 1848, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January, in the year of our Lord 1870, or who shall be a male citizen of the United States, above the age of 21 years, shall be entitled to vote at such election.
¿ 2. All votes shall be by ballot.
¿ 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger.
¿ 4. No elector shall be deemed to have lost his residence in this State by reason of his absence on business of the United States, or of this State, or in the military or naval services of the United States.
2 5. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State in conse- quence of being stationed therein.
¿ 6. No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appointment.
¿ 7. The general assembly shall pass laws excluding from the right of suffrage persons convicted of infamons crimes.
ARTICLE VIII. EDUCATION,
¿ 1. Free Schools Established.
@ 4. School Officers not Interested.
2. Gifts or Grants in aid of Schools. 25 County Superintendent of Schools. 3. Public Schools not to be Sectarian. |
¿ 1. The general assembly shall provide a thorough and offi- cient system of free schools, whereby all the children of this State may receive a good common school education.
¿ 2. All lands, moneys or other properties, donated, granted or received for school, college, seminary or university purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made.
2 3. Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church of sectarian purpose, or to help support or sustain any school, academy, seminary, college, uni- versity, or other literary or scientific institution, controlled by any church or sectarian demomination whatever ; nor shall any grant or donation of land, money, or other personal property ever be made by the State or any such public corporation, to any church, or for any sectarian purpose.
¿ 4. No teacher, State, county, township, or district school offi- cer shall be interested in the sale, proceeds or profits of any book, apparatus or furniture, used or to be used, in any school in this State, with which such officer or teacher may be connected, under such penalties as may be provided by the general assembly.
2. 5. There may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensation and time and manner of election, and term of office, shall be pre- scribed by law.
ARTICLE IX. REVENUE.
1. Principles of Taxation Stated.
2. Other and further Taxation.
3. Property Exempt from Taxation.
4. Sale of Real Property for Taxes.
5. Right of Redemption therefrom.
6. Release from Taxation Forbidden.
7. Taxes paid into State Treasury.
8, Limitation on County Taxes.
9. Local Municipal Improvements
2 10. Taxation of Municipal Corpora- tions.
¿ 11. Defaulter not to be Eligible.
2 12. Limitation on Municipal Indebt- edness.
¿ 1. The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property-such value to be ascertained by some person or persons, to be elected or appointed in such manner as the general assembly shall direct, and not otherwise; but the general assem- bly shall have power to tax peddlers, auctioneers, brokers, hawk- ers, merehants, commission merchants, showmen, jugglers, inn- keepers, grocery keepers liquor dealers, toll bridges, ferries, insur- ance, telegraph and express interests or business, venders of pat- ents, and persons or corporations owning or using franchises and privileges, in such manner as it shall from timeto time direct by general law, uniform as to the class upon which it operates.
¿ 2. The specifications of the objects and subjects of taxation shall not deprive the general assembly of the power to require other subjects or objects to be taxed in such a manner as may be consistent with the principles of taxation fixed in this constitu- tion.
¿ 3. The properties of this State, counties and other municipal corporations, both real and personal, and such other property ax may be used exclusively for agricultural and horticultural socie- ties, for school, religions, cemetery and charitable purposes, may be exempted from taxation ; but such exemption shall be only by general law. In the assessment of real estate eneumbered by publie easement, any depreciation occasioned by such easement may be deducted in the valuation of such property.
2 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 pur- poses, 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 prop- erty 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 in- terested, by publication or otherwise, of the fact of the sale of the property 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 redemption 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 commutation for such taxes be authorized in any form whatever.
¿ 7. All taxes levied for State purposes shall be paid into the State treasury.
2 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 constitu- tion, unless authorized by a vote of the people of the county.
¿ 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 contiguous prop- erty or otherwise. For all other corporate purposes, all munici- pal corporations may be vested with authority to assess and col- feet taxes; but such taxes shall be uniform in respect to persons and property, with the jurisdiction of the body imposing the same.
{ 10. The general assembly shall not impose taxes upon muni- cipal corporations, or the inhabitants or property thereof, for cor- porate 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 respeet to persons and property, within the jurisdiction of the body imposing the same. Private property shall not be liable to betaken or sold for the payment of the cor- porate debts of a municipal corporation.
¿ 11. No person who is in default, as a collector or custodian of money or property belonging 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 di- minished during such term.
¿ 12. No county, eity, township, school district, or other muni- cipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing in- debtedness, 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 ineur- ring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness, as afore- said, shall before, or at the time of doing so, provide for the col- lection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the prin- cipal 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
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594
HISTORY OF MADISON COUNTY, ILLINOIS.
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.
¿ 1. Formation of New Counties. 8. County Officers-Terms of Office.
@ 2. Division of any County. 9. Salaries and Fees in Cook County.
3. Territory stricken from a County.
10. Salaries fixed by County Board.
4. Removal of a County Seat. 11. Township Officers-Special Laws.
5. Method of Conaty Government.
12. All Future Fees Uniform.
G. Board of Connty Commissioners.
7. County affairs in Cook County.
¿ 1. No new county shall be formed or established by the gen- eral assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than 400 square miles; 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.
¿ 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the peo- ple 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. 3. There shall be no territory stricken from any county, unless a majority of the voters living in such territory shall peti- tion 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.
¿ 4. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed in pursuance of law, and three-fifths of the voters of the county, to be ascertained 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 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, by 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 assembly 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 majority 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 organizations, 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. ,
2 6. At the first election of county judges under this constitu- tion, three 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 transaction 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 COMPENSATIONS.
2 8. In each county there shall be elected the following county officers : County judge, sheriff, county clerk, clerk of the cir- cuit court, (who may be ex-officio recorder of deeds, except in counties having 60,000 and more inhabitants, in which counties a recorder of deeds shall be 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, cx- cept the treasurer, sheriff and coroner, who shall hold their office for two years, and until their successors shall be elected and qual- ified.
¿ 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.
¿ 10. The county board, except as provided in ¿ 9 of this arti- ele, shall fix the compensation 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 com- pensation shall be paid only out of, and shall in no instance ex- ceed, 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 counties 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 inhabi- tants; and $4,000 in counties containing over 100,000 and not exceeding 250,000 inhabitants; and not more than $1,000 addi- tional compensation for each additional 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.
11. 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 provided 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 gen- eral 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 successors, so as to re- duce 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 re- duce 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 emolu- ments.
ARTICLE XI.
CORPORATIONS.
¿ 1 Established only by General Laws.1 2 9. Railroad Office, Books and Records 2 10. Personal Property of Railroads. 2. Existing Charters-Ilow Forfeited. 11. Consolidations Forbidden. 3. Election of Directors or Managers. 4. Construction of Street Railroads.
2 12. Railroads deemed Highways- Rates Fixed.
13. Stocks, Bonds and Dividends.
14. Power over existing Companies.
2 15. Freight and Passenger Tariff regu- lated.
¿ 1. No corporation shall be created by special laws, or its char- ter extended, changed er amended, except those for charitable,
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5. State Banks Forbidden-General Law.
2 G. Liability of Bank Stockholder. 7. Suspension of Specic Payment.
8. Of a General Banking Law.
¿ 13. Sworn Reports of all Fees.
595
HISTORY OF MADISON COUNTY, ILLINOIS.
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 organiza- tions of all corporations hereafter created.
¿ 2. All existing charters or grants of special or exclusive privileges, under which organization 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 whatever.
¿ 3. The general assembly shall provide, by law, that in all elections for directors or managers of corporated 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 thero 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' no such directors or managers shall be elected in any other mauner.
§ 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 high- way proposed to be occupied by such street railroad.
BANK .
¿ 5. No State bank shall hercafter 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 au- thorizing or ereating corporations or associations, 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 ap- proved by a majority of all the votes cast at such clection for or against such law.
¿ 6. Every stockholder in a banking corporation or institution shall be individually responsible 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 aceruing while he or she remains such a stockholder.
27. The suspension of specie payments by bankin; institu- tions, 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 laws of this State, shall make and publish a full and accurate quar- terly statement of its affairs, (which shall be certified to, under oath, by one or more of its officers, ) as may be provided by law.
2 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of state, of all bills or piper 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 deprecia- tion of said stocks to the amount of teu per ceut. below par, the b.unk or banks owning said stocks shall be required to make up stid deficiency, by depositing additional stocks. And said law shall also provide for the recording of the names of all stock- holders in such corporations, the amount of stock held by cach, 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 main- tuin a publie 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 re- corded the amount of capital stock subscribed, 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 accounts, 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.
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