USA > Illinois > St Clair County > History of St. Clair County, Illinois. With illustrations and biographical sketches of some of its prominent men and pioneers > Part 104
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¿ 10. The general assembly shall not impose taxes upon municipal corporations, or the in- habitants or property thereof, for corporate 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 respect to persons and prop- erty, within the jurisdiction of the body imposing the same. Private property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal corporation,
¿ 11. No person who is in default, as a collector or custodian of money or property belong- ing 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 diminished during such term.
¿ 12. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including ex- isting indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the la-t assessment for State and county taxes, previous to the incurring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal 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 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.
2. Division of any County.
3. Territ ry stricken from a County.
Removal of a County Seat.
Method of County Government.
Board of Co nty Commissioners.
County affairs in Cook County.
8. County Officers-Terms of Office.
9. Salaries and Fees in Cook County.
IO. Sala ies fixed by County Board
II. Township Officers-Special Laws.
12. All Future Fees Uniform.
13. Sworn Reports of all Fees.
பல்ஸ்சம்ம்ஸ்
¿ I. No new county shall be formed or established by the general assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less con- tents 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 people 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. There shall be no territory stricken from any county, unless a majority of the voters living in such territory shall petition 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 ascer- tained 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 the 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, hy 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 assem- bly 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 ma- jority 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 organization, 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.
¿ 6. At the first election of county judges under this constitution, there 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 trans- action 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 board of commissioners of fifteen persons, ten of whom shall be elected from the city ot Chicago, and five from towns outside of said city, in such manner as may be provided by law.
COUNTY OFFICERS AND THEIR COMPENSATION.
¿ 8. In each county there shall be elected the following county officers : County judge, sheriff, county clerk, clerk of the circuit court, (who may be ex-officio recorder of deeds, ex- cept 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, except the treasurer, sheriff and coroner, who shall hold their office for two years, and until their successors shall be elected and qualified.
¿ 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 2 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 make a semi-annual report, under oath to some officer to be designated by law, of all his fees and emoluments.
ARTICLE XI.
CORPORATIONS.
I. Established only by General Laws. 2. Existing Charters-How Forteited.' Election of Di ectors or Manag rs.
3.
Construction of S.reut Railroads.
4. State Bank For idden-General Law.
6. Liability of Bank .tockho der. S spensioni or Specie Payment.
Or a General Ba .. king Law.
9. Railroad Office -- Books and Records.
IO. Personal Property of Railroads.
II. Consolidations Forbidden.
12. Railroads detmed } ighways-Rates F'xed.'
13. Stocks, Bon s and D vidends.
14. Power over existing Companics,
¿ 15. Frught and Pass.nger 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 rem in 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 whit- 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 he 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.
2 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 he, 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 he deposited with the State treasurer, in United States or Illinois State stocks, to be rated at ten per cent. below their par valne; 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.
¿ 10. 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 npon 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 man- 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.
¿ 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 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.
¿ I. Persons composing the Militia.
2. Organization-Equipment-Discipline. 3. Commissions of Officers.
4. Privilege from Arrest.
5. Records, Banners and Relics. 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 eighteen 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.
CONSTITUTION OF THE UNITED STATES.
WE, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.
ARTICLE I.
SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
SECTION 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.
No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be deter- mined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hamphsire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia, ten, North Carolina five, and Georgia three.
When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
SECTION 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expira- tion of the fourth year, and of the third class at the expiration of the sixth year, so that one- third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhab- itant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside. And no person shall be convicted without the con- currence of two-thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States : but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law.
SECTION 4. The times, places and manner of holding elections for Senators and Represent- atives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law, make or alter such regulations, except as to the places of choosing Senators.
The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in.December, unless they shall by law appoint a different day.
SECTION 5. Each house shall be the judge of the election, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner, and under such penalties as each house may provide.
Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.
Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION 6. The Senators and Representatives shall receive a compensation for their ser- vices, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and return- ing from the same; and for any speech or debate in either house they shall not be questioned in any other place. .
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