USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. II > Part 55
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And no other oath, declaration, or test shall be required as a qualification.
Art. VI .- Judicial Department. § I. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit-courts, county-courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated 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 necessary to every decision.
§ 3. No person shall be eligible to the office of judge of the supreme court unless he shall be at least 30 years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident 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 other- wise 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 rooms therefor, and the use of a suitable library, without expense to the State. The judicial divisions may be altered, increased, or diminished in number, and the times and places of hold- ing said court may be changed by law.
§ 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, Washington, 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,
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Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun, and Christian.
Third District. - The counties of Sangamon, Macon, Logan, De Witt, Piatt, Douglas, Champaign, Vermilion, Mc Lean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie, and Tazewell.
Fourth District. - The counties of Fulton, Mc Donough, Hancock, 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, La Salle, Grundy, and Woodford.
Sixth District. - The counties of Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, Mc Henry, Kane, Kendall, De Kalb, Lee, Ogle, and Rock Island.
Seventh District .- The counties of Lake, Cook, Will, Kankakee, and Du Page.
The boundaries of the districts may be changed at the session of the general assembly next preceding the election for judges therein, 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 shall 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 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 judges 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 one of their number chief-justice.
§ 7. From and after the adoption of this constitution, the judges of the supreme court shall each receive a salary of $4000 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 shall 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 decisions, who shall hold his office for six years, subject to removal by the court.
§ 10. At the time of the election for representatives in the general 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 eachi division shall be elected.
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Appellate Courts. § 11. After the year of our Lord 1874, inferior appellate courts, of uniform organization and jurisdiction, may be created in districts 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 freehold or the validity of a statute is involved, and in such other cases as may be provided by law. Such appellate courts shall be held by such number of judges 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 judge receive any additional compensation for such services.
Circuit -Courts. § 12. The circuit-courts 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 each 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 100,000, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present judges of the circuit-courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, 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 circuits changed by the general assembly, at its session next preceding the election for circuit-judges, but at no other time: Provided, that the circuits may be equalized or changed at the first session of the general assembly after the adoption of this constitution. The creation, alteration, or change of any circuit shall not affect the tenure of office of any judge. Whenever the business of the circuit - court of any one or of two or more contiguous counties, containing a population exceeding 50,000, shall occupy nine months of the year, the general assembly may make of such county or counties a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed.
§ 14 The general assembly shall provide for the times of holding court 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 in 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 § 13 of this article, and provide for the election therein, severally, by the electors thereof, by general ticket, of not exceeding four judges, who shall hold the circuit-courts in the circuit 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 $3000 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, respectively, elected; and from and after the adoption of this constitution, no judge of the supreme or circuit- court shall receive any other compensation, perquisite, or benefit, in any form whatsoever, nor perform any other than judicial duties to which may belong any emoluments.
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§ 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 resided in this State five years next preceding his election, and be a resident of the circuit, county, city, cities, or incorporated town in which he shall be elected.
County - Courts. § 18. There shall be elected in and for each county, one county-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 jurisdiction in all matters of probate, settlement of estates of deceased persons, appointment of guardians and con- servators, and settlements of their accounts, in all matters relating to apprentices, and in proceedings for the collection of taxes and assessments, and such other juris- diction as may be provided for by general law.
§ 19. Appeals and writs of error shall be allowed from final determinations of county- courts, as may be provided by law.
Probate Courts. § 20. The general assembly may provide for the establish- ment 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 con- servators, and settlements of their accounts; in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts.
Justices of the Peace and Constables. § 21. Justices of the peace, police magistrates, and constables shall be elected in and for such districts as are, or may be, provided 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 attorneys 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 present 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 adding one to either of said courts for every additional 50,000 inhabitants 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 a 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
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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 continu- ance in office.
§ 26. The recorder's court of the city of Chicago shall be continued, 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 recogni- zances and appeals taken in said county, in criminal and quasi-criminal cases, shall be returnable and taken to said court. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi- criminal matters, and to dispose of unfinished business. The terms 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 deter- mined by said judges, or provided by law. Said judges shall be ex- officio judges of 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 clerks of the superior court of Chicago, and the present clerk of the circuit-court of Cook County, shall continue in office during the terms for which they were respectively elected; and thereafter there shall be but one clerk 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 offices for four years, and until their successors shall be commissioned and qualified, but they may be removed by summary proceeding in the circuit- or superior court, for extortion or other malefeasance. 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 governor. All laws relating to courts shall be general, and of uniform operation; and the organization, jurisdiction, powers, 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, judgments, and decrees of such courts, severally, shall be uniform.
§ 30. The general assembly may, for cause entered on the journals, upon due notice and opportunity of defence, 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 report in writing to the judges of the
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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 con- stitution 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 number of days they have held court in the several counties composing their respective circuits, the preceding two years.
§ 32. All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall, respectively, 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 per- form such duties 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 clerks of courts, by the court to which the office appertains, or by the judge or judges thereof; and of all of such other offices, by the board of supervisors or board of county-commissioners in any county where the vacancy occurs.
§ 33. All process shall run: In the Name of the People of the State 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: Againt the Peace and Dignity of the Same. "Population, " wherever used in this article, shall be determined by the next preceding census of this State, or of the United States.
Art. VII .- Suffrage. § I. Every person having resided in this State one year, in the county 90 days, and in the election district 30 days next preceding 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 the business of the United States, or of this State, or in the military or naval service of the United States.
§ 5. No soldier, seaman, or marine in the army or navy of the United States, shall be deemed a resident of this State in consequence 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 infamous crimes.
Art. VIII .- Education. § 1. The general assembly shall provide a thorough
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and efficient system of free schools, whereby all children of this State may receive a good, common -school education.
§ 2. All lands, moneys, or other property, 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.
§ 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 or sectarian purpose, or to help support or sustain any school, academy, seminary, college, university, or other literary or scientific institution, controlled by any church or sectarian denomination 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 officer shall be inter- ested 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 con- nected, under such penalties as may be provided by the general assembly.
§ 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 prescribed by law.
Art. IX .- Revenue. § I. The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and cor- poration 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 assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, mer- chants, commission - merchants, showmen, jugglers, inn-keepers, grocery- keepers, liquor-dealers, toll-bridges, ferries, insurance, telegraph and express interests or busi- ness, venders of patents, and persons or corporations owning or using franchises and privileges, in such manner as they shall, from time to time, direct by general law, uniform as to the class upon which it operates.
§ 2. The specification 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 manner as may be consistent with the principles of taxation fixed in this con- stitution.
§ 3. The property of the State, counties, and other municipal corporations, both real and personal, and such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery, and charitable purposes, may be exempted from taxation ; but such exemption shall be only by general law. In the assessment of real estate incumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property.
§ 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 purposes, that a return of such unpaid taxes or assess- ments shall be made to some general officer of the county having authority to receive state and county taxes; and there shall be no sale of said property 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
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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 interested, 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.
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