USA > Illinois > Madison County > History of Madison County, Illinois With biographical sketches > Part 138
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¿ 10. The rolling stock, an I all other movable property belong-
ing to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individ- uals, and the general assembly shall pass no law exempting any such property from execution and sale.
¿ 11. No railroad corporation shall consolidate its stock, pro- perty or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolida- tion take place except upon public notice given, of at least sixty days, to all stockholders, 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 high- ways, and shall be free to all persons for the transportation of their persons and property thercon, under such regulations as may be prescribed by law. And the general assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State.
¿ 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property actually received, and ap- plied to the purposes for which such corporation was created ; and all stock dividends, and other fictitious increase of the capi- tal stock or indebtedness 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 manner as may be provided by law.
¿ 14. The exercise of the power, and the right of eminent do- main shall never be so construed or abridged as to prevent the tak- ing, 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 said right of eminent do- main, any incorporated company shall be interested either for or against the exercise of said right.
¿ 15. The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on different railroads in this State, and enforce such laws, by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
ARTICLE XII.
MILITIA.
¿ 1. Persons composing the Military. 2 4. Privilege from Arrest.
2. Organization-Equipment-Dis- cipline.
5. Records, Banners and Relies.
6. Exemption from militia duty.
¿ 3. Commissions of Officers.
¿ 1. The militia of the State of Illinois shall consist of all able- bodied male persons, resident in the State, between the ages of eighteen and forty-five, except such persons as now arc, or here- after 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 nearly as practicable to the regulations for the government of the armies of the United States.
¿ 3. All militia officers shall be commissioned by the gover- nor, and may hold their commissions for such time as the general assembly may provide.
¿ 4. The militia shall, in all cases, except treason, felony or bre.ich of the peace, be privileged from arrest during their at- tendance at musters and elections, and in going to and returning from the same.
¿ 5. The military records, banners and relics of the State, shall be preserved as an enduring 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 au equivilent for such exemp- tion.
ARTICLE XIII. WAREHOUSES.
1. What deemed Publie Warehouses. | 2. Sworn weekly statements required 3. Examination of property stored.
1. Carriers to deliver fall Weight. Dealers.
5. Delivery of Grain by Railroads. 6. Power and Duty of the Legislature. 2 7. Grain Inspection-Protection of
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HISTORY OF MADISON COUNTY, ILLINOIS.
¿ 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 publie warehouses.
¿2. The owner, lessee or manager of each and every public warehouse situated in any town or city of not less than 100,000 inhabitants, shall make weekly statements under oath, before some officer to be designated by law, and keep the same posted in some conspicuous place in the office of such warehouse, and shall also file a copy for publie 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 there- for ; 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 thereof.
¿ 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 ware- house in regard to such property.
¿ 4. All railroad companies and other common carriers on rail- roads 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 cr consignee thereof, at the place of destination.
¿ 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 publie warehouse can be reached by any track owned, leased or used, or which can be used, by such railroad companies; and all rail- mad 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 rail- road.
¿ 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 as- sembly 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.
27. 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.
¿ 1. By a Constitutional Convention. 1 2 2. Proposed by the Legislature.
¿ 1. Whenever two-thirds of the members of each house of the general assembly shall, by a vote entered upon the journals thereof, coneur 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 number 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 convention 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 faithfully 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 elec- tors 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 unless so submitted
and approved by a majority of the electors voting at the election, no such revisions, alterations or amendments shall take effect.
2 2. Amendments to this constitution may be proposed in either house of the general assembly, 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 re- spective journals, and said amendments shall be submitted to the electors of this State for adoption or rejection, at the next elec- tion of members of the general assembly, in such manner as may be prescribed by law. The proposed amendments shall be pub- lished in full at least three months preceding the election, and if a majority of electors voting at said elcetion shall vote for the proposed amendments, they shall become part of this constitu- tion. 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 oftener than onee in four years.
SEPARATE SECTIONS.
Illinois Central Railroad. Illinois and Michigan Canal.
unicipal Subscription to Corpora- tions.
No contract, obligation or liability whatever, of the Illinois Central Railroad Company, to pay any money into the State treasury, nor any lien of the State upon, or right to tax property of said company, in accordance with the provisions of the charter of said company, approved 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 deht, shall be appropriated and set apart for the payment of the ordinary expenses of the State govern- ment, and for no other purposes whatever.
MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATECORPOR.1 -
TIONS.
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 shal not be construed as affecting the right of any such munici- pality to make such subscriptions where the same have been au- thorize l, under existing laws, by a vote of the people of such municipalities prior to such adoption.
CANAL.
The Illinois and Michigan Canal shall never be sold or leased until the specifie proposition for the sale of 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 eredit 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.
4. Present county Courts continued ¿ 1. Laws in force remain valid. 2. Fines, Penalties, and Forfeitures. 2 3. Recognizances, Bonds, Obligations! 2 5. All existing Courts continued. @ 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 sanie into complete effect, it is hereby ordained and declared :
¿ 1. 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 corpor- ate, shall continue to be as valid as if this constitution had not been adopted.
¿ 2. That all fines, taxes, penalties and forfeitures, dne and owing to the State of Illinois under the present constitution and laws, shall inure 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 er county officer or publie body, shall remain binding and valid; and rights and liabilities upon the same shall continue, and all crimes and mis- demeanors 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 noi having adopted township organization, shall eontime in existence and exercise their present jurisdiction until the
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HISTORY OF MADISON COUNTY, ILLINOIS.
board of county commissioners provided in this constitution is organized in pursuance 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.
¿5. All existing courts which are not in this constitution specially enumerated, shall continue in existence and exercise their present jurisdiction until otherwise provided by law.
2 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 constitu- tion it is otherwise directed.
¿ 18. All laws of the State of Illinois, and all official writings, and the executive, legislative 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.
¿ 20. The circuit clerks of the different counties having a pop- ulation over sixty thousand, shall continue to be recorders (ex- officio) for their respective counties, under this constitution, until the expiration of their respective terms.
¿ 21. The judges of all courts of records in Cook County shall, in lieu of any salary provided for in this constitution, receive the compensation now provided by law until the adjournment of the first session of general assembly after the adoption of this con- stitution.
¿ 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 pro- vided to be annnally assessed and collected upon cach 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.
¿ 24. Nothing contained in this constitution shall be so con- strued as to deprive the general assembly of the power to author- ize the city of Quincy to create any indebtedness for railroad 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 pre- sent constitution of this State.
¿ 25. In case this constitution and the articles and sections submitted separately be adopted, tbe existing constitution shall cease in all its provisions ; and in case this constitution be adopted, any one or more of its articles or sections submitted separately be defeated, the provisions of the existing constitution (if any) on the same subject shall remain in force.
¿ 26. The provisions of this constitution required to be exc- cuted prior to the adoption or rejection thercof shall take effect and be in force immediately.
Done in convention at the capital, in the city of Springfield, on the thirteenth day of May, in the year of our Lord one thou- sand eight hundred and seventy, and of the independence of the United States of America the ninety-fourth.
In witness whereof, we have hereunto subscribed our names CHIARLES HITCHCOCK, President.
William J. Allen,
John Abbott, Jas. McCoy, Charles E. McDowell,
James C. Allen,
Elliott Anthony, Wm. R. Archer,
Joseph Medill,
Henry I. Atkins,
Clifton H. Moore,
James G. Bayne,
Jonathan Merriam,
R. M. Benjamin,
Joseph Parker,
HI. I'. 11. Brownwell, Samuel C. Parks,
O. HI. Browning.
Peleg S. Perley,
Wm. G. Bowman,
J. S. Poage,
Edward Y. Rice,
Silas L. Bryon, II. P. Buxton,
James P. Robinson,
Daniel Cameron,
Lewis W. Ross,
William P. Pierce,
Lawrence S. Church,
N. J. Pillsbury,
Hiram H. Cody,
Jno. Scholfield,
WV. F. Coolbaugh,
James M. Sharp,
Alfred M. Craig,
Ilenry Sherrell,
Robert J. Cross,
W. II. Snyder,
Samuel P Cummings,
O. C. Skinner, Westel W. Sedgwick,
G. S. Eldridge,
Charles F. Springer,
James W. English.
John L. Tincher,
David Ellis,
C. Truesdale,
Ferris Foreman,
Henry Tubbs,
Jesse C. Fox,
Thomas J. Turner,
Miles A. Fuller,
Wm. H. Underwood, Wm. L. Vandeventer,
Addison Goodell,
Henry W. Wells,
John C. Haines,
George E. Wait,
Elijah M. Haines,
George W. Wall,
John W. Hankins,
R. B. Sutherland,
R. P. Ilanna,
D. C. Wagner,
Joseph Hart,
George R. Wendling,
Abel Harwood,
Chas. Wheaton
Milton Hay,
L. D. Whiting,
Samuel Snowden Hayes,
John H. Wilson,
Jesse S. Hildrup,
Orlando H. Wright.
ATTEST :- John Q. Harmon, Secretary.
Daniel Shepard, First Assistant Secretary.
A. H. Swain, Second Assistant Secretary.
UNITED STATES OF AMERICA, STATE OF ILLINOIS. ASTER 8. Office of Secretary.
I GEORGE H. HARLOW, Secretary of the State of Illinois, do hereby certify that the foregoing is a true eopy of the constitution of the State of Illinois adopted in convention the 13th day of May, 1870, ratified by a vote of the peo- ple the 2nd day of July, 1870, and in force on the 8th day of Angust, 1870, and now on file in this office. In testimony whereof I hereto set my hand and affix the Great Seal of State, at the city of Springfield, the 31st day of March, A. D. 1873.
GEO. HI. HARLOW, Secretary of State.
AMENDMENTS TO THE CONSTITUTION.
Amending section 31, article 4. Proposed by the General Assembly, 1877, ratified by a vote of the people November 5, 1878, proclaimed adopted by the Governor November 20, 1878.
SECTION 31, ARTICLE 4.
The General Assembly may pass laws permitting the owners of lands to con- strnet drains, ditches, and levees for agricultural, sanitary and mining purposes across the lands of others, and provide for the organization of drainage dis- triets, and vest the corporate authorities thereof with power to construct and maintain levees, drains and ditches, and to keep in repair all drains, ditches and levees heretofore constructed under the laws of this State, by special as- sessments upon the property benefited thereby.
Amending section 8, article 10. Proposed by the General Assembly, 1879, ratified by a vote of the people November 2, 1880, proclaimed adopted by the Governor November 22, 1880.
SECTION 8, ARTICLE 10.
In each county there shall be elected the following county officers, at the general election to be held on the Tuesday after the first Monday in November, A. D. 1882 : A county judge, county clerk, sheriff, and treasurer ; and at the election to be held on the Tuesday after the first Monday in November, A. D. 1884, a coroner and clerk of the circuit court, (who may be er-officio recorder of deeds, except io counties having 60,000 and more inhabitants, in which coun- ties a recorder of deeds shall be elected at the general election in 1884). Each of said officers shall enter upon the duties of his office, respectively, on the first Monday of December after his election, and they shall hold their respec- tive offices for the term of four years, and until their successors are elected and qualified : Provided, that no person having once been elected to the office of slieritf, or treasurer, shall be eligible to re-election to said office for four years after the expiration of the term for which he shall have been elected.
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Robert A. King,
William C. Goodue,
597
William Cary,
John Dement,
John P. Gamble,
DECLARATION OF INDEPENDENCE.
When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have con- nected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are cre- ated equal ; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that, whenever any form of govern- ment becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new govern- ment, laying its foundation on such principles, and organizing its powers in such form as to them shall seem most likely to et- fect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and, accordingly, all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinees a design to reduce them under absolute despotism, it is their right, it is their duty to throw off such government, and to provide new guards for their future security. Sueb has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this let facts be submitted to a candid world :
He has refused his assent to laws the most wholesome and necessary for the public good.
He has forbidden his Governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained ; and when so suspended, he has utterly neglected to attend to them.
IIe has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature ; a right inestimable to them, and formidable to tyrants only.
Ile has called together leglislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved representative houses repeatedly for oppos- ing, with manly firmness, his invasions on the rights of the pco- płe.
He has refused, for a long time after such dissolution, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the State remaining, in the meantime, exposed to all the danger of invasion from without, and convulsions within.
He has endeavored to prevent the population of these States ; for that purpose, obstructing the laws for naturalization of for- eigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.
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