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ENACTED BV THE
FORTIETH GENERAL ASSEMBLY
EXTEA SESSION
Begun and held at the Capitoh in the Cltij of Sp)-itujjield, on flic '}!/'
day of December, A. D. 1897, and adjourned sinedle
on the 24th day of February, A. D. 1808.
Printed hii Authority of the General Assembly of. the State of Illinois.
SPRINGFIELD, ILL.: Phillips Bros., State Printers.
1898.
TABLE OF CONTENTS.
APPORTIONMENT:
A bill for an act to amend sections 1 and 2 of an act entitled "An act to apportion the State of Illinois into Senatorial Districts and to repeal certain acts therein named," approved June 15, 1893, in force July 1, 1893 3
APPROPRIATIONS:
A bill for an act making an appropriation to the Attorney General to defray the ex- penses of the inheritance tax cases now pending in the Supreme Court of the United States 6
An act making appropriations for the payment of the employes of the Special Ses- sion of the Fortieth General Assembly 7
An act making an appropriation for the payment of the members and officers of the Special Session of the Fortieth General Assembly 7
An act making an additional appropriation for the payment of the employes of the Special Session of the Fortieth General Assembly 8
An act appropriating money for extra printing and binding for the iiscal year ending June 30, A. D. 1898, and for committee expenses for the Extra Session of the For- tieth (ireneral Assembly 8
An act to provide for the incidental expenses of the Special Session of the Fortieth General Assembly of the State of Illinois, and for the care and custody of the State House and "Grounds incurred or to be incurred and now unprovided for 9
An act making an additional appropriation for the ordinary expenses of the Soldiers' and Sailors' Home » 9
ELECTIONS:
An act to amend section 3 of an act entitled "An act to nrovide for the printing and . distribution of ballots at the piiblic expense and for the nomination of candidates for political office, to regulate the manner of holding elections and to enforce the secrecy of the ballot," approved June 22, 1891, in force July 1, 1891 10
An act providing for primary elections of delegates to nominating conventions of political parties or organizations, and to promote the purity thereof by regulating the condiict thereof, and to support the privileges of free suffrage thereat by pro- hibiting certain acts and practices in relation thereto, and providing for the pun- ishment th ereof 11
REVENUE:
An act for the assessment of property and providing the means thetefor and to Repeal a certain act therein named 31
SCHOOLS:
An act to amend an act entitled "An act to establish and maintain a system of free schools," approved and in force May 21, 1889 54
JOINT RESOLUTIONS:
Adjournments 56
Concerning Battleship Maine 56
(Concerning Hospital for Insane, Bartonville 57
Disfranchisement of Voters in Southern States.; ....:■; 57
Endorsing Charles Page Bryan 58
Hawaiian Islands 58
Law Students 58
Levees in Mississippi Valley 59
Lincoln Monument in Washington 59
National Military Park 60
Postal Savings Banks 60
Corn Exhibitions 6a
APPORTIONMENT.
SENATORIAL DISTRICTS.
'' 1. Aiueuds section 1 of Act of 1893 by re- \ .'i. 2. Amends section 2 of said act by detin- arranging' districts. j ing "ward" and "street" as used in
j ' this act.
An Act to amend sections one {1) and two (2) of an act entitled "An act to apportion tJie State of Illinois into Senatorial districts (jnd to repeal certain acts tlierein. na.tlfied,'''' approved Jane 15, 1893, in force July 1, 1893.
Section 1. Be it enacted by the People of the St cde of Illinois, represented in the Oeneral Assembly, That sections one (1) and two (2) of an act entitled "An act to apportion the State of Illinois into Senatorial districts, and to rejjeal certain acts therein named," approved Jnne 15, 1893, and in force July 1, 1898, be amended to read as follows:
Section 1. That the State of Illinois be, and it is hereby, divided into Senatorial districts as provided in the constitution of the State of Illinois, each of which districts shall be entitled to one senator and three representatives as follows, to-wit:
First — The First, Second and Fifth wards in the city of Chicago, in the county of Cook, shall constitute the First District.
Second — The Tenth ward and that part of the Twelfth ward lying west of the center line of Robey street in the city of Chicago, in the countj^ of Cook, shall constitute the Second District.
Third — The Thirty-tirst, Thirty-third and the Thirty-fourth wards in the city of Chicago, in the county of Cook, shall constitute the Third District.
Fourth — The Twenty-eighth and the Twenty-ninth wards and that part of the Sixth ward lying west of the southfork of the south branch of the Chicago river in the city of Chicago, and the town of Cicero, all in the county of Cook, shall constitute the Fourth District.
Fifth — The Thirtieth and Thirty-second wards in the city of Chi- cago, in the county of Cook, shall constitute the Fifth District.
Sixth — The Fifteenth. Twenty-sixth and Twenty-seventh wards in the city of Chicago, in the county of Cook, shall constitute the Sixth District.
Seventh — The towns of Thornton, Bloom, Rich, Bremen, Orland. Lemont, Palos, Worth, Lyons, Proviso, Leyden, Elk Grove, Schaum
APPCRTIONMENT.
burg. Hanover. Barrington. Palatine, Wheeling. Northtield, New Trier and Riverside, and those parts of the towns of Calumet, Nor- wood Park, Maine, Niles and Evanston lying outside of the city of Chicago, all in the county of Cook, shall constitute the Seventh Dis- trict.
Eighth — The counties of Lake, McHenr}- and Boone shall consti- tute the Eighth District.
Ninth — The Third and Fourth wards and that part of the Sixth ward lying east of the south fork of the south branch of the Chicago river in the city of Chicago, in the county of Cook, shall constitute the Ninth District.
Tenth — The counties of Winnebago and Ogle shall constitute the Tenth District.
Eleventh — The Thirteenth and Fourteenth wards in the city of Chicago, in the county of Cook, shall constitute the Eleventh Dis- trict.
Twelfth — The counties of Stephenson, JoDaviess and Carroll shall constitute the Twelfth District.
Thirteenth — The Seventh and Eighth wards in the city of Chicago. in the county of Cook, shall constitute the Thirteenth District.
Fourteenth — The county of Kane shall constitute the Fourteenth District.
Fifteenth — The Ninth ward and that part of the Eleventh ward lying south of the center line of Lake street, and west of the center lines of Sheldon street and Loomis street, and that part of the Twelfth ward lying east of the center line of Robey street in the city of Chi- cago, in the county of Cook, shall constitute the Fifteenth District.
Sixteenth — The counties of Kankakee and Iroquois shall consti- tute the Sixteenth District.
Seventeenth — The sixteenth and Seventeenth wards and that part of the Eleventh ward lying north of the center line of Lake street in the city of Chicago, in the county of Cook, shall constitute the Sev- enteenth District.
Eighteenth — The counties of Ford, Livingston and Woodford shall constitute the Eighteenth District.
Nineteenth — The Eighteenth and Nineteenth wards and that part of the Eleventh ward lying south of the center line of Lake street and east of the center line of Sheldon street and Loomis street in the city of Chicago, in the county of Cook, shall constitute the Nine- teenth District.
Twentieth — The counties of Knox. jNLirshall. Putnam and Stark shall constitute the Twentieth District.
Twenty-first — The Twenty-first, Twenty-second and Twenty-fifth wards in the city of Chicago, in the county of Cook, shall constitute the Twentv-first District.
APPORTIONMENT.
Twenty-second — The counties of McLean and Tazewell shall con- stitute the Twenty-second District.
Twenty-third^The Twentieth, Twenty-third and Twenty-fourth wards in the city of Chicago, in the county of Cook, shall constitute the Twenty-third District.
Twenty-fourth — The county of Peoria shall constitute the Twenty- fourth District.
Twenty-fifth— The counties of Will and DuPage shall constitute the Twenty-fifth District.
Twenty-sixth — The counties of McDonough, Warren and Fulton shall constitute the Twenty-sixth District.
Twenty-seventh — The county of LaSalle shall constitute the Twen- ty-seventh District.
Twenty-eighth — The counties of Hancock. Henderson and Mercer shall constitute the Twenty-eighth District.
Twenty -ninth — The counties of DeKalb, Kendall and Grundy shall constitute the Twenty-ninth District.
Thirtieth — The counties of Champaign, Piatt and Moultrie shall constitute the Thirtieth District.
Thirtj^-first — The counties of Bureau, Whiteside and Lee shall constitute the Thirty-first District.
Thirty-second — The counties of Mason, Menard, Cass, Brown and Schuyler shall constitute the Thirty-second District.
Thirty-third — The counties of Rock Island and Henry shall con- stitute the Thirty-third District.
Thirty-fourth — The counties of Morgan, Scott and Pike shall con- stitute the Thirty-fourth District.
Thirty-fifth — The counties of Vermilion and Edgar shall constitute the Thirty-fifth District.
Thirty-sixth — The counties of Green. Macoupin. Jersej^ and Cal- houn shall constitute the Thirtj'-sixth District.
Thirty-seventli — The county of Adams shall constitute the Thirty- seventh District.
Thirty-eighth — The counties of Madison and Bond shall constitute the Thirt3^-eighth District.
Thirty-ninth — The county of Sangamon shall constitute the Thirty- ninth District.
Fortieth — The counties of Douglas, Coles and Clark shall constitute the Fortieth District.
Forty-first — The counties of Macon, DeWitt and Logan shall con- stitute the Forty-first District.
Forty-second — The counties of Fayette, Effingham, Clinton and Marion shall constitute the Forty-second District.
APl'KOPRIATIONS.
Forty-third— The counties of .Christian, Montgomery and Shelby shall constitute the Forty-third District.
F'orty-fourth — The counties of Clay, Wayne, Edwards. Wabash and Lawrence shall constitute the Forty-fourth District.
Forty-fiftlf— The counties of Jasper, Crawford. Cumberland and Richland shall constitute the Forty-fifth District.
Forty-sixth — The counties of Jefferson, Hamilton and White shall constitute the Forty-sixth District.
Forty-seventh — The counties of Washington, Perry. Franklin and Williamson shall constitute the Forty-seventh District.
Forty-eighth — The counties of Monroe, Kandolph and Jackson shall constitute the Forty-eighth District.
b'orty-ninth -The county of St. Clair shall constitute the Forty- ninth District.
Fiftieth-;-The counties of Union, Alexander. Pulaski and Massac shall constitute the Fiftieth District.
Fifty-first — The counties of Johnson, Pope, Harflin. Gallatin and Saline shall constitute the Fifty-first District.
§ 1^. Wherever the word ''ward" or ''wards," "street"' or "streets'" in tlie city of Chicago are used in this act they shall be construed as meaning the ward or wards or street or streets as existing in said city of Chicago on the first day of December, A. D. LS97.
ArPRovED -lanuaryll, LSUH.
APPROPRIATIONS.
ATTOKNEY GENERAL.
i 1. Appropriates $7,000. 1 § 2. How drawn.
An Act )H(tk(ng an appropridfioii to the Attoriwij (irciioril to defray flic e.rpense^t of defending the inheritance tax cases now pending ill the Sii in-enie Court of the United States.
Section 1. Be it enacted by the People of the State of Illinois, represented in tlie Oetierat Assembly, That there is hereby appro- priated to the Attorney Greneral the sum of seven tliousand dol- lars (17,000). or so much thereof as may be necessary, to hire additional attorneys to assist in the inheritance tax cases now pending in the Supreme Court of the United States, payable on bills of the attor- neys employed to assist and certified to by the Attorney (leneral.
§ "2. The x4.uditor of Public Accounts is hereby authorized to draw his warrants on the State Treasurer for the money hereinbefore appropriated, on the presentation of bills certified to by the Attor- ney (reneral.
Approved February lio, 1898.
APPROPRIATIONS.
GENERAL ASSEMBLY, EMPLOYES.
i! 1. Appropriates !ri7,000 to pay the employes §2. Emergency, of this Special Session of the For- tieth General Assembly. How drawn.
An Act makiiuj appropriaiion» for the payment of the employes of the Special Session of the Fortieth General Assembly.
Section 1. Be it enacted by the People <f the State of Illinois, represented in the General Assembly, That there be and is hereby appropriated the sum of seven thousand dollars ($7,000), or so much thereof as may be necessary, to pay the employes of the Special Session of the Fortieth General Assembly, at the rate of compensa- tion allowed by law or fixed by resolution of either house. Said employes to be paid upon rolls certified to by the presiding officers of the respective houses, or as otherwise provided by law.
§ 2. Whereas, The above appropriation is necessary for the trans- action of the business of the State, therefore an emergency exists, and this act shall take effect from and after its passage.
Approved December 23, lcS97.
GENERAL ASSEMBLY, MEMBERS AND OFFICERS.
§ 1. Appropriates $35,000 to pay the mem- : I 2. Emergency, bers and officers of this Special Ses- sion of the Fortieth General As- sembly.
An Act making an appropriation for the payment of the members and officers of the Special Session of the Fortieth Goieral As- sembly.
Section 1, Be it enacted l)y the Peoj^le of the State of Illinois, represented in the Genercd Assembly, That there be and hereby is appropriated thirty-five thousand dollars ($35,000), or so much as may be necessar3^ to pay the members and officers of this Special Session of the Fortieth General Assembly at the salaries now fixed by law, or by resolution of either house.
§ 2. Whereas, The above appropriation is necessary for the transac- tion of the business of the State, therefore an emergency exists, and this act shall take effect from and after its passage.
Approved December 23, 1897.
APPROPRIATIONS.
GENERAL ASSEMBLY, EMPLOYES.
''f. 1. Appropriates S15.000 to pay the em- i 11. Eiuergrency .
ployes of the Special Session of the !
Fortieth General Assembly— How |
drawn. i
An Act mah'mg an addiiioncd appropriation for the payment of the employes of fitc Special Session of the Fortieth Oeneral As- sembly.
Section 1. Be it enacted by the People of ttie State of Illinois, represenied in tlie Genercd Assembly, That there be and is hereby appropriated the sum of fifteen thousand dollars ($15,000), or so much as may be necessary, to pay the employes of the Special Ses- sion of the Fortieth Cleneral Assembly, at the rate of compensation allowed by law or fixed by resolution of either house. Said employes to be paid upon rolls certified to by the presiding officers of the re- spective houses or as otherwise provided by law.
§ 2. Whereas, The above appropriation is necessary for the transaction of the business of the State, therefore an emergency exists, and this act shall take effect from and after its passage.
Approved Januarv 13. 1898.
general assembly, extra printing, etc.
I 1. Appropriates $4,000 for public printing ^ 2. Appropriates $4, 000 for committee ex- and binding' for fiscal year A. D. 1898. penses.
An Act appropi-iatin<j money for extra printing and binding for ttiefisccU year ending June 30, A. D. 1S9S, and for committee ex- penses for tlie Extra Session of the Fortieth Genercd, Assembly.
Section 1. Be it enacted by tJie People of the State of Illinois, i-epresented in tlie Genercd Assembly, That there be and is hereby appropriated in addition to sums heretofore appropriated for the fis- cal year A. D. 1898, for public printing, the sum of $2,000.00, and for public binding the sum of 82.000.00, the appropriation of said money being necessary on account of the extra printing and binding occa- sioned by the Extra Session of the Fortieth Cleneral Assembly. Said sums to be expended under the direction of the Secretary of State as provided by law.
§ 2. That there is hereby appropriated to pay the expenses of committees for the Extra Session of the Fortieth Gfeneral Assembly, the sum of four thousand dollars, or as much thereof as may be nec- essary, to be paid out upon certified bills made by such committees.
Approved February 25, 189S.
APPROPRIATIONS.
GENERAL ASSEMBLY, INCIDENTAL EXPESES,
',. 1. Appropi-iates $3,500 for the incidental i § 2. How drawn, expenses of this Special Session of .; „ t^ the Fortieth General Assembly and ■ ' ' to the Secretary of State for the dis- charge of his duties
An Act io provide for the incidental expenses of the Special Ses- sion of the Foiiieth General. Assembly of the State of Illinois, and for the care and custody of the State House and Orounds. in- curred or to he incurred and now unprovided for.
Section 1. Be it enacted by the' People of the State of Illinois, represented in the General Assemhly . That the sum of three thous- and five hundred dollars ($8,500), or so much thereof as ma}^ be re- -quired. is -hereby appropriated to pay the incidental expenses of the Special Session of the Fortieth General Assembly, or either branch thereof, or b_v the Secretary of State in the discharge of the duties imposed on him by law or by the direction of the General Assembly or either branch thereof. All expenditures to be certified to by the Secretary of State and approved by the Governor.
5; 2. The Auditor of Pul)lic Accounts is hereby authorized and directed to draw his warrant upon the State Treasurer for the sum herein specified, upon presentation of the proper vouchers, and the State Treasurer shall pa}^ the same out of any funds in the State treasury not otherwise appropriated.
§ 3. Whereas, The appropriation above recited is necessary for the expenses incurred for the transaction of the business of the State and the General Assembly, therefore an emergency exists, and this act shall take effect from and after its passage .
Approved December 23, 1897.
SOLDIERS and SAILORS HOME.
1. Additional appropriation of .$60,000 for I 2. How drawn, the ordinary expenses of the Soldiers' and Sailors' Home.
3. Emers^ency.
An Act mcddng an additional appvopriation for the ordinary ex- penses of the Soldiers^ and Sailors' Home.
Section 1. Be it enacted by the People of the State of Illinois, represented in the Genercd Assembly, That there be and is hereby appropriated, in addition to the sums heretofore appropriated by an act approved June 10th, 1897, for the purpose of defraying the ordi- nary expenses of the Soldiers' and Sailors' Home for the fiscal year beginning July 1st, 1897, the sum of thirty thousand (30,000) dol- lars; and for the fiscal year beginning July 1st, 1898, the sum of thirty thousand (80,000) dollars, payable quarterly in advance.
10 ELECTIONS.
§ 2. The money herein appropriated shall be due and payable to the trvistees of the Soldiers' and Sailors' Home only on the terms and in the manner provided in the 19th section of an act entitled "An act to regulate the State charitable institutions and the State Reform School, and to improve their organization and increase their efficiency," approved April 15th, 1875.
§ 3. Whereas, An emergency exists, therefore this act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 7, 1898.
ELECTIONS.
NOMINATION OF CANDIDATES. § 1. Section 3, Act of 1891, amended. ' § 4. Emergency.
? 3. Nominations. Names of candidates } not permited on ballot.s at public | expense, unless nominated by a con- i vention of delegates elected for that purpose. I
An Act to iimeiid section 3 of an act entitled "An act to provide for tJie pr'irding ami distribidion of ballots at puhlic expense and for tlie nomincdion of candidcdes for public offices, to regidcde tlie manner of liolding elections and. to enforce the secrecy of tlie bal- lot,'''' approved June 22, 1891, in force July 1, 1891.
Section 1. Be it enacted by ttie People of tlie State of Illinois, repn'esented in tlie General Assembly, That section 3 of an act en- titled "An act to i^rovide for the printing and distribution of ballots at the public expense and for the nomination of candidates for po- litical office, to regulate the manner of holding elections, and to enforce the secrecy of the ballot."' approved June 22, 1891, in force July 1, 1891, be amended so as to read as follows:
§ 3. Any convention of delegates and any caucus or meeting of qualified voters as hereinafter defined, and individual voters to the number and in the manner hereinafter specified, may nominate can- didates for political office, whose names shall be placed upon the ballots to be furnished as hereinafter provided: Provided, that in any county, city, village or incorporated town, respectively, in which an act entitled, "An act providing for primary elections of delegates to nominating conventions of political parties or organizations, and to promote the purity thereof by regulating the conduct thereof, and to support the privileges of free suffrage thereat by prohibiting certain acts and practices in relation thereto, and providing for the punishment
ELECTIONS.
11
thereof."' shall be in force: no candidate nominated by any conven- tion of any political party or organization of any such county, city, village or incorporated town or any part thereof, or for the Congress of the United States, shall have his name printed on any official ballot printed and distributed at the public expense in such county, city, village or incorporated town, or any part thereof, unless such candidate shall be nominated by a convention composed of delegates elected for that purpose at the primary election of such political party last preceding the holding of such convention, according to the act entitled, "An act providing for primarv elections of delegates to nominating conventions of political parties or organizations and to promote the purity thereof by regulating the conduct thereof, and to support the privileges of free suffrage thereat by prohibiting certain acts and practices in relation thereto, and providing for the punishment thereof.'"
§ 4. Whereas, An emergency exists, therefore this act shall be in force from and after its passage.
Approved Februarv 10, 1898.
PRIMARY ELECTIONS.
\ L All Pi'iniary Elfctions shall be held under this Act in all counties, cities, villages and incorporated towns to which this Act applies — Defines "State Convention," "County Con- vention," "City Convention," "Town Convention," "Ward Convention and District Convention."
? 2. Parties entitled to hold Elections under this Act— When elections may be held — Two parties not to hold primaries on same day.
I 3. What shall constitute a Primary Elec- tion District— Not to contain more than t,000 voters— Who shall be Judges and Clerks— Pay of Judges and Clerks— Location of polling places.
5 4. Duty of Central Committee oi- Manag- ing Committee as to Judges and Clerks— Judges and Clerks must re side within Primary Election District where they act.
I 5. Party must file call for Election with Board of Election Commissioners, and with County Clerk — Call to be filed 15 days before Election— What the call must set forth.
I (J. Call to be .signed by Chairman and Sec- retai-y of Central Committee— The use of party names restricted. ,
'i 7. Election Commissioners or County Clerk must give 10 days notice — What notices shall contain— How published —Effect of error in call or failure to IDublish- Courts shall take judicial notice.
l 8. All election laws of State in force in each primary election district— Who shall bear expense— Claims, how aud- ited— Polling places to be provided and furnished— Ballot boxes and other supplies— Supplies and returns shall be accounted foi — How polls are to be opened and closed.
\ 9. Judges and Clerks shall be notified and sworn— Penalty for neglect or failure to serve as Judge or Clerk— Vacan- cies, how filled— May not be removed within 5 days of election— Shall be in- structed by Commissioners or County Clerk by means of printed pamphlet —.Judges and Clerks officers of County Court — Liable for contempt- Penalty.
§ 10. Judges and Clerks allowed S5.00 per day.
§ 11. Qualifications of voter.
\ 12. Who are eligible as delegates to con- ventions—Only one alternate allowed for each delegate— How vacancies may be filled.
12
PEIMARY ELECTIONS.
',. Xi. Votmg shall be by ballot— Form of bal- i lot prescribed— Ballots marked "de- fective" or "objected to."
!
'^ 14. Time (if opening and closjng polls— [ Judges and Clerks not to absent j themselves— Places of absent Judges ; and Clerks, how filled— Certain pen- alties prescribed.
J 1.5. Ballot box to be kept in view— Penalty.
?:i6, Duty of Clerks— Form of Poll Book.
i: 17. Judges shall receive, initial, number : and deposit ballot— Challengers shall ' assign reason— Oath— AlB davits to be noted in poll books by clerks, pre- served and returned— Blank affidavits shall be furnished— Oaths to be ad- , ministered by Election Judges only. ;
; IS. Challengers; number and privileges, i
; 19. Policemen admitted to polling places, j
- 20. Judges may administer oaths, keep the peace and caiise arrests— Officers ; may make arrests on command of Judges the same as on warrants.
» 21. Canvassing the votes— Duties of Judges and Clerks in separating and counting ballots and announcing re- sult.
? 22. No adjournment or postponement al- lowed imtil canvass is completed— Challengers may remain till canvass is completed— Form of statement to be made- Shall be signed by Judges and Clerks— To whom returned.
2c!. Judges shall issue certificates- Cast lots in case of tie.
?l|24. Sundry acts declared felonies- Pen- alties.
? 25. ' Sundry acts of Judges and Clerks de- clared felonies— Penalties.
5 26. Other acts of Judges declared misde- meanors—Penalties.
5 27. Other acts of Judges and Clerks de- clared felonies— Penalties.
212S. Other acts of Judges, Clerks and of other persons declared felonies— Pen- alties.
'- 29. Other acts of Judges, Clerks and other election officers declared felonies— ' Penalties.
i 30. The same.
4 31. Sundry acts of persons, not election officers, declared felonies— Penalties.
I 32. Certain things declared perjury— Pen- alty.
I 33. Subornation of perjury— Penalty.
'',. 34. Other acts declared felonies— Penalty.
'i 35. Persons having been convicted of bribery, etc., shall not vote or offer to vote— Penalty.
? 36. Disobeying command of Judge a mis- demeanor-Penalty.
8 37. Other acts declared misdemeanors —Penalty.
'i 38. The same.
\ 39. Certain acts declared felonies— Pen- alty.
I 40. Certain acts of Judges and Clerks de- clared misdemeanors.
I 41. Other acts of Judges and Clerks de- clared misdemeanors.
l 42. Spirituous liquors in polling places prohibited.
I 43. Voting by unqualified person a felony —Penalty.
§ 44. Waiting in line of voters; when a mis- demeanor—Penalty .
\ 45. Certain acts of Judges declared fel- onies—Penalty.
\ 46. 'Certain acts of Delegates and Alter- nates declared felonies— Penalty.
l 47. Judges or Clerks neglecting or refus- ing to canvass votes and make re- turns guilty of felony— Penalty.
l 48. Acts by persons not Judges declared misdemeanors— Penalty for misde- meanors not provided for elsewhere in tliis act.
I 49. The word "Householder" defined.
? 50. County Clerks and Election Commis- sioners—Duties in prosecutions and contests.
§51. Irregularities concerning mode of call, etc.. no defense for violation of act- Sufficiency of indictment— Judicial notice of this act.
'i 52. Repeal of Act of 1S89.
''(. 53. How county, city, village or incorpo- rated town may bring itself under this act— Petition— Notice— Election —Ballot— In counties of 125,000 or more act is in effect without submission to vote.
\ 54. Emergency.
ELECTIONS. 1):!
An Act providing for primary elections of delegates to nominating conventions of polit'ical parties or organized ions, and to promote ttie purity tliereofhji regulating tlie conduct tJiereof. and to sup- port the prioileges of free suffrage tliereat hy prohibiting certain acts and practices in relation thereto, and providing for the pun- ishment thereof.
Section 1. Be it enacted hy the People of the State of Illinois, )-epresented. in tlie General Assembly . That in every count}-, city, village, or incorporated town, respectively, in this State to which this act shall apply as hereinafter xorovided. the primary elections for delegates to constitute the various conventions of the different political parties or organizations of such county, city, village, or in- corporated town, or any part thereof, held for the nomination of candidates for public office in this State and any part thereof, and for the Congress of the U)\ited States, whose names are to be printed on the official election ballots printed and distributed at public ex- pense in such county, city, village, or incorporated town or any part thereof, shall hereafter be held under and pursuant to this act. A convention to nominate candidates for public office to be voted for by the electors of the entire State shall be known as a "'State con- vention;'" a convention to nominate candidates for public office to lie voted for by the electors of an entire county shall be known as a "county convention;" a convention to nominate candidates for public office to be voted for by the electors of an entire city, village or in- corporated town shall be known as a ''city convention;'" a convention to nominate candidates for public office to be voted for l)y the electors of an entire township shall be known as a •'town convention;" a convention to nominate candidates for pul)lic office to be voted for by the electors of an entire ward shall be known as a "ward con- vention;" all other nominating conventions in this State shall be known as "district conventions."'
§ 2. Any political party or organization which at the last pre- ceding general election in this State polled at least ten (10) per cent, of the entire votes cast in such county, city, village or in- corporated town shall l^e entitled under this act to hold one pri- mary election on any day between November and April next fol- lowing and preceding any regular spring electio'n. and another primary election on any clay between April and November next following and preceding any regular November election. Certifi- cates of nomination and nomination laapers for the nomination of candidates for office to be within the time and in accordance with the provisions of section 7 of an act entitled "'An act to provide for the printing and distribution of ballots at public expense, and for the nomination of candidates for public office, to regulate the man- ner of holding elections and to enfore the secrecy of the ballot," approved June 22, 1891. and in force July 1, 1891. Within the time limited as aforesaid such political party or organization, through its central committee or managing committee, may determine the day for holding such primary election. But no two political parties shall
14 ELECTIONS.
hold their primary elections on the same day, and the first political party applying, as hereinafter set forth, shall have the preference in the choice of days as aforesaid.
§ )J. For the purpose of primary elections, under this act, not less than two and not more than six contiguous regular election pre- cincts of the same ward or other political division in as compact a form as practicable shall he joined so as to form one priaiary election district, but in such manner that each j)rimary election district shall include at least three regular election judges and two regular election clerks, residing within such primary district and belonging to the ' party establishing such primary district. In no event shall any primary district contain more than 1,000 voters, to be ascertained by the party vote of the party holding said primary election, cast at the last preceding general election: the term general election as used in this act shall apply to any election held for the choice of a national, state, judicial, district or county office, whether for the full term or for the filling of a vacancy.
Provided. That where a regular election precinct consists of and is coextensive with a congressional township, then said con-, gressional township shall constitute one primary election district within the meaning of this act: And provided, furtJwr, That in such case, and in any case where there exists no board of election commissioners, and where the judges and clerks of election are appointed and chosen by a board of supervisors or board of county commissioners, then the judges and clerks who are to serve as judges and clerks of any primary election shall be members of the political party holding such primary election; and if there are no judges and clerks of election in and for such con- gressional township who belong. to or are members of the political party seeking to hold a primary election under the provision and within the meaning of this act, then the county central, or govern- ing committee, of such political party shall have and is hereby granted the power and right to name, appoint, notifj^, direct and qualify such members of its own party as are otherwise eligible under the provisions of this act to serve as judges and clerks of such or any primary election held under and within the meaning of this act. And in such event, the compensation per diem of such judges and clerks shall be the same as that of judges and clerks serving at any regular election, notwithstanding the provision for compensation found in section 10 of this act.
In each such primary election district there shall be a primary poll- ing place, which shall be as near the center of population of such dis- trict as is practicable, and sucIj. primary polling place shall be in the most public, orderly and convenient part of such primary district, and no building shall be designated or used as such polling place in which spiritous or intoxicating liquor is sold, or which is within 100 feet of any place where such liquor is sold, and any person who knowingly designates for such polling place a building where such liquor is sold shall, on conviction thereof, be deemed guilty of a misdemeanor under this act, and shall be punished accordingly.
ELECTIONS. - 15
The central committee or managing committee of any political party ororganization entitled to hold such primary elections under this act shall establish such primary election districts and such polling- places according to this act. In default of such central committee or managing committee designating such primary election districts and polling places, the same shall be done by the member or mem- bers of the board of election commissioners representing said party, or if no such board exists in the county, then by the judge of the county court.
§ 4. For each primary election district such political party or organization, by its central committee or managing committee, shall designate from' the list of duly appointed and regular election judges and clerks three judges and two clerks, who are members of such party, to serve respectively as judges and clerks at such primary election: Provided, That such political party or organization shall always have the right to designate for such primary elections only such of the regularly listed judges and clerks as were originally recommended and named or endorsed for appointment as regular election judges and clerks by such political party or organization as aforesaid ; and in case there are not in office a sufficient number of listed regular judges and clerks so originally recommended and named or endorsed by such political party or organization to equip all primary polling places of such party, then such political party or organization may in due time, through its central committee or governing committee, select and name to the board or officer by the general election law authorized to appoint judges and "clerks a suffi- cient number of persons for appointment to serve as primary judges and clerks, who are qualified to serve as judges and clerks at a regular election, to equip all the p/rimary polling places of such' party. Such judges and clerks must reside within such primary election district for which they are appointed, but no two clerks, and except where only two regular election precincts form a primary election district, no two judges, shall serve at the same primary election who reside in the same regular election precinct.
§ 5. No political party or organization shall be entitled under this act to hold a primary election unless at least fifteen (15) days before such primary election day such political part}^ or organization shall file with the Board of Election Commissioners within whose jurisdiction they are and in such portions of the county as lie beyond the jurisdiction of the said Board of Election Commissioners, also with the county clerk, and with the county clerk where there is no Board of Election Commissioners, a call or application in writing, which shall set forth :
First — The name of such political party and the address of the headquarters of the central committee or managing committee of such political party.
Second — The day on which such primary election is to be held.
16 ELECTIONS.
Third — The name, place and time of every convention for the nomination of candidates for the public office for which such pri- mary election is called.
Fourth — The description of each of the various primary election districts, together with the names of three persons for judges of elec- tion and two persons for clerks of election for each such primary dis- trict, also the designation of a polling j)lace fqr each such primary district.
Fifth — The number of delegates from each such primary district to each convention: Provided, That the number of delegates from each of the different primary districts be proportioned equally to the number of voters of such political party in each district as shown by the last preceding presidential election returns: And provided, That each primary election district shall be allowed to be represented by at least one delegate to each convention in which such i^rimary district is entitled to be represented.
Sixth — The name of some newspaper recommended for the pub- lication of the notice of such primary election as hereinafter pro- vided.
§ 6. Such call or application shall be signed by the chairman and attested by the secretary of the central comn ittee or managing- committee of such political party or organization, verified by oath that the facts therein stated are true, and that they are respectively the chairman and secretary of such committee. No persons and no political party or organization shall use the name of another political party or organization or any designation so similar to that of another political party or organization as to deceive voters. Upon the filing of such call or application according to the provisions of this act, any political party or organization which at the last pre- ceding general election in this State polled at least ten (10) per cent, of the entire vote cast in the whole county, city, village or in- corporated town represented by such political party or organization shall be allowed to hold a primary election under this act.
§ 7. At least ten (10) days before the primary election day desig- nated as aforesaid by such political party it shall be the duty of the board of election commissioners, or the county clerk, or both, as the case may be, upon the application of any political party entitled thereto as aforesaid through its central committee or managing committee as aforesaid, to give notice of such primary election. Such notice shall contain the name of the political party or organization for which such primary election is to be held, the address of the headquarters of the central committee or managing committee of such party, the name, place and time of each convention according to the call afore- said to be held by such party for the nomination of candidates for public office; the date upon which such primary election is to be held, the description of each of the various primary election districts, the location of the polling jjlace for each such district, the names of the three judges and the two clerks appointed to serve at each pri- mary election district, the number of delegates to be eleci ed from each
ELECTIONS. 17
primary district to each convention. Such notice shall be published in some news£)ai3er of general circulation recommended by the ex- ecutive committee of the jDolitical party or organization for which such primary election is to be held. But no failure or error in such publication or in the application aforesaid shall invalidate any pri- mary election actually held, and any primary election held pursuant to any notice substantially like the above notice shall be deemed to be held under this act, and all justices of the j^eace and all judges of courts of record in the territory for which such primary election is called shall take judicial notice of the holding of such primary elec- tion under this act.
§ 8. All the laws of this State respecting the general elections in this State, now or hereafter in force in any election precinct or dis- trict in such county, city, village or incorporated town, except as the same are modified by the provisions of this act. and so far as the same are applicable to the primary elections provided for in this act, are hereby declared to l)e in force in each primary election district resi^ecting the primary elections provided for in tins act. The ex- pense of conducting such primary elections in such county, city, village or incorporated town shall be paid by such county, city, vil- lage or incorporated town, respectively, to which this act shall apply, as hereinafter provided, including the salaries of judges and clerks, the cost of ballot boxes, registry books, poll books, return sheets, stationery, supplies, polling places and such other expen.-es. except the printing of ballots, as are necessary and incidental to carrying out the provisions of this act. The board of election commissioners, where such board has jurisdiction, otherwise the clerk of the count}^. shall audit all the claims of such judges and clerks of such primary election, and such board or such clerk, as the case may be, shall audit all other claims incidental to expenditures allowed by this act, and all expenses incurred by such board, or by any other officer authorized by this act to provide for such primary election, shall be paid as aforesaid upon the warrant of such board of election com- missioners, or of such officer.
Polling places in the respective primary election districts shall be appointed, provided, established, furnished, warmed, lighted, main- tained, conducted and supervised;
And all necessary ballot boxes, registry books, return sheets, blanks, poll books, stationery and supplies shall be provided, furnished, de- livered and used:
And notice of such primary election shall be given, posted and published;
And all judges and clerks shall be paid, appointed upon the recom- mendation of the central committee or managing committee, as afore- said, qualified, notified, directed, instructed, sworn, and vacancies in their number supplied;
And such primary elections in each election district shall be con- ducted, supervised, regulated and controlled;
—2
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And after being used at any primary election, all registry books, poll books, ballots, statements, returns, ballot boxes, ballot box keys and other election paraphernalia shall be preserved, kept, stored, ac- counted for and returned;
And the polling places and the polls of such general primary elec- tion shall be opened and closed respectively in the same manner and by the same persons or officers or boards of judges and clerks, as are provided by the law in force in anj- election precinct or district in such county, city, village or incorporated town, respecting the gen- eral elections, except as such general election laws are modified by this act, and except as to the time of aiopointing the respective poll- ing places in the various election precincts or districts, which time shall be at least ten (10) days before each such primary election da3\
Provided, That in cities, villages and incorporated towns where there is a lioard of election commissioners all expense incurred by said board of election commissioners shall be paid by such city. Such expenses are to be audited by the county judge and shall be paid by the city treasurer upon the warrant of such county judge out of any money in the city treasury not otherwise appropriated. It shall be the daty of the governing authority of such city to make provision for the prompt jjayment of such expenses. At all jjrimary elections for city officers, though other than city officers may be nominated at the same time, and at all primary elections in a part of such city, such city shall pay such judges and clerks for their services under this act. At all general county and State primary elections, though other than State and county officers are to be nominated, and at all primary elections v,diere other than judicial officers are to be nominated, such county shall pay such judges and clerk? for their services under this act. Said board of election com- missioners shall audit all the claims of judges and clerks and shall draw a warrant t^ierefor upon such cit}^ or county treasury, as the case may be.
'§9. The judges and clerks appointed for such primary election, according to this act, shall, by the same election officers or boards authorized by such general election law to appoint such judges and clerks, be directed and notified to ajjpear within a certain time before such officers or boards for the purpose of being sworn, instructed and directed for service at the primary election next ensuing, and it shall be the duty of such judges and clerks, unless excused by such officers or boards, by reason of ill health or other legal and sufficient cause, to serve as judges and clerks respectively at their respective polling places at the primary election for which they are designated or appointed according to this act; and willful neglect and failure so to serve shall be a misdemeanor under this act. The judges and clerks to fill vacancies as aforesaid, provided in this section, shall be ap- pointed for such primary elections at least ten ( 10) days prior to such primary election day. Judges and clerks shall not be removed from office within five (5 ) days of such primary election, except for flagrant misbehavior, incapacity or dishonesty; and the reasons therefor shall be preserved of record. It shall be the duty of the
ELECTIONS. 19
board of election commissioners, or the county clerk, or both, as the case may be, ten (10) clays before any such primary election, to notify the judges and clerks to attend at their respective polling places at such primary election, and to instruct them as to their duties by means of a printed pamphlet issued at the expense of such county, city, village or incorporated town. In cities, villages and in- corporated towns in any county to which this act shall apply that have adopted or may hereafter adopt the act regulating the holding of elections and declaring the results thereof in cities, villages and incorporated towns in this State, in force July 1, 1885, the judges and clerks acting at any primary election under this act shall be officers of the county court and shall be liable for contempt for any misbehavior in the same manner and with the like consequences and punishment as are provided for in the act last aforesaid respecting general elections.
§ 10. The judges and clerks of such primar}' election shall be allowed the sum of five dollars ($5.00) each per day for their services in attending such primary election.
§ 11. Every legal voter entitled to vote at the last preceding gen- eral election, whose name is on the general registry book of any election precinct within the jDrimary district in which he offers "to vote, and who, at the time he offers such vote, is a resident of the primary district in which he offers to vote, shall be entitled to vote at such primary election, provided he is a member of the political party or organization holding such primary election, and provided he has not voted at the primary election of any other political party or organization within one year last preceding. Otherwise, no person shall vote or be qualified to vote, and the vote of no person at such primary election shall be received or counted by any of said judges. In any prosecution for the violation of the jsrovisions of this act, wherein the fact as to the political party or organization to which the defendant belongs is material, such membership may be proved by evidence of general reputation in the neighborhood where said defendant resided at the time of committing the alleged offense.
§ 12. None but legally qualified voters residing in the primary district to be represented shall be eligible as delegates to any con- vention of such part3^ Judges and clerks acting as such at any primary election shall be ineligible as delegates to any such conven- tion. Not more than one person shall be elected as an alternate delegate for each delegate to any such convention, and no person shall act as a delegate to any such convention except wdien elected a delegate or an alternate delegate according to this act: Provided, That if no delegate or alternate from a given district appears at such ■convention, the vacancy may be filled by the delegate or delegates present from that ward or township.
§ 13. At such primary election the manner of voting shall be by ballot. The ballots shall be of uniform size, and shall be not less than eight (8) inches in length and four (4) inches in width. The Lallots shall be printed or written, or partly j)rinted or partly written, upon plain white paper. The name of each delegate and alternate
20 ELECTIONS.
delegate for whom the voter intends to vote shall appear on the same ballot on the same side thereof in plain letters, together with the name of the convention or such conventions to which such delegates are to be elected. Immediately preceding the list of delegates to any convention may appear the name of the candidate for whom such delegates are expected to vote in such convention. Unless ballots substantially comply with this act in size and color the same shall be void for all purposes, and shall not be received or deposited or counted by any judge at any such primary election; and all bal- lots not in accordance with the provisions of this act, but which by any mistake may have been deposited in the ballot box, shall be void and shall be marked "defective" on the back thereof, but no ballot shall be defective because the voter depositing the same has named upon it a less number of delegates than such voter was entitled to vote for. If the voter marks more names than there are delegates to be elected to a certain convention, or if for any reason it is impossible for the judges to determine the voter's choice, such ballot shall not be counted. Ballots not counted shall be marked "defective"' on the back thereof, and ballots to which objection has been made by either of the judges or challengers shall be marked "objected to" on the back thereof, and a memorandvim, signed by the judges, stating how it was counted shall be written upon the back of each ballot so marked, and all ballots marked defective or objected to shall be en- closed in an envelope seciirely sealed and so marked and endorsed as to clearly indicate its contents.
§ 1-i. The polls of such j)rimary election shall be opened at one o'clock in the afternoon, aj^id continue open until seven o'clock in tlie afternoon of the same day, at which time the i3olls shall be closed, and if any judge or clerk shall be behindtime for fifteen (15) minutes after the time for opening such polls he shall be guilty of a misdemeanor under this act and punished accordingly. No judge or clerk shall absent himself to exceed five minutes at any time until the ballots are all cast and counted and returns made; and when absent for any cause during such time said judge or clerk shall authorize some one of the same political party with himself to act for him until his return. If any judge or clerk shall not be present after the expiration of fifteen (L5) minutes from the time to open the polls, the judge or judges present shall fill the place of such ab- sent judge or clerk, and one of the judges shall administer to such substitute the oath as required of the judges or clerks when originally appointed, and blank forms shall be provided for such lourpose, which oath shall be preserved and returned, and such appointee shall be subject to the same punishment and penalties as any other judge or clerk. Whenever such regular judge or clerk shall be present such substitute shall cease to act. If all judges or clerks fail to ap- pear at the proper time at the polling place, then bystanding votere of such election district to the number of five or more of , the same political i^arty affiliations as such absent judges or clerks may elect judges or clerks of the same political joarty affiliation as the absent judges or clerks to fill such vacancies. Such judges and clerks
ELECTIONS. ' 21
elected as last aforesaid shall have full power to conduct such pri- marj^ election in accordance with this act. Any judge or clerk who shall wilfully absent himself from the polls on such primary election day, without good cause, shall be guilty of a misdemeanor under this act; and if any judge or clerk shall wilfullj'- detain any registry book or poll book, or other election paraphernalia, and not cause it to be produced at the polling place at the opening of the polls, or for fifteen minutes thereafter, he shall be guilty of a misdemeanor, and on conviction shall be imprisoned not less than three months nor more than one year in the countj^ jail, or be fined not less than one hundred (100) dollars nor more than one thousand (1,000) dol- lars, in the discretion of the court.
§ 15. Before voting begins the ballot box shall be empty; and it shall be opened and shown to those present to be empty; and it shall not be removed from the public view from the time wdien it is shown to be empty until after the close of the polls. It shall be locked and the key delivered to one of the judges, and it shall not be again opened until the close of the polls. The juclges of election shall each be held guilty of a misdemeanor, and on conviction thereof shall be fined one thousand (1,000) dollars each, if such ballot box shall not be kept constantly in public view during the progress of the election, unless it shall be shown by an}' judge that he protested against any obstruction of the view of the ballot box and was overruled by the majority of the judges.
§ 16. Each of the clerks of election, in the poll books kept b}^ him, shall enter in the proper column the name of each person whose vote is duly received for deposit in the ballot box; and in the column un- der the heading "Number" he shall note the succesive number of each successive voter; and in the column headed "Residence" he shall note the residence of each such voter. For such primary elec- tion special poll books shall be provided by the same persons, officers ■or boards, respectively, who by the regular election law in force in any precinct in such county, cit}^, village or incorporated town are charged to provide poll books for use at regular elections. Each page of such :special book shall be substantially in the following form :
REPUBLICAN
POLL BOOK
Of a primary election held in the primary
district of the ward, of the city of
town of , county of , on the
day of A. D. 18....
This is to certify that the within list is a co.^rect list of Republican
voters at a primary election held on the day of ,
A. D., 18 . . . . , in the primary district of
ward, in the city of , town of , county
of ., and State of Illiiiois.
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And that on said primary election day, , 18 .... ,
the undersigned judges and clerks served, and are entitled to pay therefor.
- Judges of Election.
Dated ,18
- Clerks of Election.
Xo. of Votes. Name of Voters.
Eesidence.
|
1 |
i |
|
2. .. . . . |
I I |
|
3 |
|
|
4 |
|
|
5 |
|
|
6 |
|
|
1 |
Such poll books shall otherwise be of the form, and shall contain the same certifications, as nearl}^ as may be, as tlie poll books used in the regular elections, and such poll books shall be signed and attested in the same manner as poll books for the purpose of regular elec- tions.
§ 17. One of the judges of such election shall receive the ballot from the voter and shall' announce the residence and name of such voter in a loud voice ; such ballot shall be folded by the voter in such manner that the contents thereof can not be seen without unfolding such ballot. If the judges of election, after consulting the registry books, are satisfied that the person offering to vote is a legal voter, whose name is registered on the regular election registry books, and a member of the political party holding such primary election, and if no challenge is interposed, the judge receiving such ballot shall again announce to the clerks of election the residence and name of the per- son offering such ballot, and upon ascertaining the proper successive number for each such ballot, such judge shall mark, with pencil or ink, the initials of .his own name, the proper number on the back of such ballot, as it is folded, and thereupon such judge, after holding up and showing the ballot to be so marked, shall immediately, in the presence of the voter offering such ballot, and keeping the same in the plain view of the judges and clerks of election and of such voters and challengers as may be present, deposit into the slot of the ballot box the ballot thus received and marked, and no other: and thereupon the clerks of election shall enter upon the poll books in the proper column tlie name and proper successive number of such voter and his resid-ence. The judges and clerks, and each of them, shall see to it that each ballot is endorsed as aforesaid, and that the number en-
ELECTIONS. 23
dorsecl on the back of each ballot deposited in the ballot box corres- ponds with the proxDer number of the. voter on the poll book. If such ]person so registered shall be challenged as disqualified, the per- son challenging shall assign his reason therefor, and thereupon one of said judges shall administer to the xoerson offering to vote an oath to answer all questions truthfully; and if he shall take such oath he shall then be questioned by said judge or judges touching such cause of challenge, and touching anj^ other cause of disqualification; and he may also be questioned bv the jjerson challenging him in regard to his qualifications and identity: but if a majority of the judges are of the o]3inioii that he is the person so registered and a voter qualified to vote at such party i^rimary election, his vote shall then be received and deposited. But if .the vote of a person apparently registered be rejected by such judges, such person vaQ.y afterwards produce and de- liver an affidavit to such judges, subscribed and sworn to by him be- fore one of said judges, in which it shall be stated how long he has resided in any precinct within such primary district and in the county and State; that he is a male citizen of the United States, and is a member of the j)olitieal party holding such election and is a duly qualified voter at such primary election in such district, and that he is the identical person so registered. But the affidavit aforesaid shall be supported by an affidavit by at least two registered voters who are householders residing in such primary district, stating their own resi- dence and that they know such person to be a member of the politi- cal party holding such primary election and that such person does reside at the place mentioned, and has resided in such primary dis- trict and in such election precinct, county and State for the length of time as stated by such person, which affidavit shall also be subscribed and sworn to as the affidavit last aforesaid; whereupon the vote of such person shall be received and entered as other votes. But the clerks having charge of such poll books shall state in their respective poll books the facts in such case, and the affidavits so delivered to said judges shall be preserved and returned to the officers entitled to receive them Blank affidavits of the character aforesaid shall be sent out to judges of all the districts, and the judges of election shall furnish the same on demand and administer the oath without criti- cism. Such oaths, if administered by any other officer than a judge of election, shall not be received.
§ 18. The judges of election shall permit each different ticket of delegates to be represented by a challenger, chosen by the majority of those named for delegates on any particular ticket. Said chal- lengers shall be protected in the discharge of their duty by the judges of election and the police. Said challengers shall Ije permitted to remain within the polling place in such a position as will enable them to see each persou as he offers his vote; and said challengers may remain within the polling place throughout the canvass of the vote and until the returns are signed.
i; 19. The judges of election shall admit one or more policemen to be present in said polling place at the time of such canvass. None but the officers of such primary election, challengers and peace officers shall occupy such polling place except for the x^urpose of voting.
24 ELECTIONS.
§ 20, The judges of election shall have the power to administer and certify oaths required during the progress of any primary elec- tion held under this act, and they shall have authority to keep the peace, and to cause any person to be arrested for any breach of the peace, or for any^breach of election laws, or any interference with the progress of such election or of the canvass of the ballots, and it shall be the 'duty of all officers of the law present to obey the orders of such judges of election, and an officer making an arrest by the order of judges for any violation of the provisions of this act shall be pro- tected in making such arrest the same as if a warrant had been issued to him to make such arrest.
§ 21. Immediately upon the closing of the polls the judges and clerks shall x^roceed to canvass the votes polled. If two or more ballots are found folded together and within each other so as to ap- pear to have been cast by the same person as one ballot, and the inner ballot or ballots are without the proper successive number and initial mark as provided in this act, then all such ballots so folded together, including the outer one, whether such outer one is properly marked on the back thereof as provided in this act or not, shall as nearly as may be in tlie same condition as found, be marked "stuffed,'" and such ballots shallbe void and shall not be counted, and the same shall be placed in an envelope marked "stuffed ballots," which en- velope shall be sealed and preserved, together with the other ballots. If the ballots remaining shall be found to exceed the number of names entered on the poll lists such judges and clerks shall reject the ballots, if any be found upon which the proper number and initial marks do not appear. If the number of ballots still exceeds the number of names entered on such poll list, the ballots remaining shall be replaced in the ballot box and the box closed and well shaken, and again oxDened and one of the judges shall publicly draw out and destroy so many ballots unopened as shall be equal to such excess. Such judges and clerks shall then proceed to count, declare and record the votes in the following manner: The judges shall open all the ballots and place in separate piles those which contain the same names throughout. Each of the judges shall examine such separate piles and exclude from such piles any ballots which do not contain all the same names for all the same conventions. One of said judges shall then take one pile of the kind of ballots which contain the same names and count them carefully, examining each name ancj convention on each of such ballots. Such judge shall then pass the ballots aforesaid to the judge sitting next to him, who shall count them in the same manner, and he shall then pass them to the third judge, who shall also count them in the same manner. The third judge shall then call the names of the persons named in such ballots and the conventions for which they are designated, and the poll clerks shall note the number of votes for each of such persons on any memorandum paper. When such judges have counted through such first pile of ballots containing the same names, and when the poll clerks shall have noted the votes for each of the delegates named in such ballots, they shall then take up the next pile of ballots con- taining the same names and shall count them in the same manner as
ELECTIONS. 25
last aforesaid. When the counting of each pile of ballots which con- tain the same names shall be completed the poll clerks shall compare their tallies, together and ascertain the total number of ballots of that kind so canvassed; and when they agree upon the number one of them shall announce it in a loud voice to the judges. The judges shall then canvass the other kind of ballots which, in names or con- ventions, do not correspond with one another. They shall be can- vassed separately by one of the judges sitting between two other judges, which one judge shall read to the clerks from each such ballot each name and the convention for which such name is desig- nated, and the other judges looking at the ballot at the same time, and the poll clerks making note of the same. When all these ballots have been canvassed in this manner the clerks shall compare their notes together and ascertain the total number of votes received by each person, and when they agree upon the number one of them shall announce in a loud voice to the judges the number of votes re- ceived by each person.
^ 22. Such canvass shall not be adjourned or postponed until the several statements hereinafter required to be made by the judges and clerks have been made and signed by them. The challengers shall be permitted to remain so near that they can see the judges and clerks are faithfully performing their duties. Upon the completion of such canvass the judges of election shall declare the result thereof , and such declaration shall be prima facie evidence of the result. The judges of election shall make three statements of all the votes cast at such primary election. Such statement shall be substantially in the following form:
REPUBLICAN.
Statement of Votes.
STATE OF ILLINOIS, ) ^^ County of \ ^'
At a primary election held on the day of A. D. 18 . ,
between the hours of one o'clock P. M. and 7 o'clock P. M. at
in the Primary District of the ward,
of the town of of the city of county
and State of Illinois, the following named per- sons received the number of votes annexed to their respective names for the following described conventions, to-wit:
.received votes for city convention.
, received votes for city convention.
.received votes for city convention.
26 ELECTIONS.
received votes for town convention.
, received votes for town convention.
, received votes for town convention.
, received votes for ward convention.
, received votes for ward convention.
.received votes forward convention.
This is to certify that tiie forep;oing statement, showing the total number of votes for each of the above mentioned persons for the con- ventions annexed to their respective names, is correct in every respect.
Given under our hands this dav of
A. D. ly
■ Judges of Election.
\
(Witnessed by)
'- Clerks of Election.
Such statements shall show the whole number of votes given for each person, and the convention for which he is designated, and such judges shall certify that such statements are correct in every respect, and the clerks of election shall witness the same. Each such state- ment and each sheet of paper forming a part of such statement shall be subscril)ed by the judges and election clerks. If any judge or clerk shall decline to sign such statements, he shall state his reasons therefor in writing, and a copy thereof, signed by himself, shall be enclosed with each statement. One statement as aforesaid of the votes cast shall, after being made out as aforesaid, be attached to the poll book, another statement as last aforesaid shall l)e enclosed in an envelope, properly endorsed and marked by such, judges, and the same shall, b}^ one of such judges, be addressed and carried to the office of the chairman of the central committee or managing com- mitte of such political party, and the receipt of such chairman shall be taken therefor. Another statement shall be enclosed in an envelope, which shall then be securely sealed, and each of the judges shall write his name across every fold at which the enveloi^e, if un- fastened, could be opened. On the outside of such envelope shall appear substantially the following words: "Statement of all Repub- lican votes cast at the Primary District of the
ward of the town of county
of on the day of . IS .... "
The envelope last aforesaid shall be addressed to the board of elec- tion commissioners, or if there be no such board in the county, or jurisdiction, then to the county clerk of the countj'. and one of the judges shall carry the same to such board of election commissioners, or to such county clerk, as the case may be, and take a receipt for the same.
ELECTIONS. 27
§ 23. The judges of election of each primary district shall issue a certificate of election to each person who has received a plurality of all the votes cast for delegates or alternate delegates to any par- ticular convention, from such jjrimary district, and they shall deliver the same to the persons entitled thereto. In case two or more persons each receive the same and the highest number of votes cast for dele- gates or alternate delegates to the convention,, then a particular judge of election shall then and there decide by lot which person or persons shall be entitled to such certificates, and they shall issue to each such person so chosen such certificate, and make a note of such fact upon the statements provided for in this act.
§ 24. If, at any such election, any person shall falsel}^ personate any elector legally qualified to vote at such primary election, and vote or attempt or otter to vote in or upon the name of such elector or other person, living or dead;
Or shall knowingly, wilfully or fraudulently vote more than once for any candidate:
Or vote more than once, or vote in more than one election precinct or district;
Or having once voted, shall vote or attempt or oft'er to vote again;
Or shall by force, threat, menace, intimidation, bribery or reward or oft'er or promise thereof, or otherwise unlawfully, either directly or indirectly, influence or attempt to influence any elector in giving his vote;
Or unlawfully prevent or hinder, or unlawfully attempt to prevent or hinder, any qualified voter from freely exercising the right of sutt'rage :
Or shall, by any such unlawful means compel or induce, or attempt to compel or induce, any judge of election or other officer to receive the vote of any ]3erson not legally qualified or entitled to vote at the said election ;
Or shall knowingly, wilfully or fraudulently interfere with, delay or hinder, in any manner, any judge of election, clerk or other officer of election, in the discharge of his duties;
Or by any such means, or other unlawful means, wilf ull}', knowingly or fraudulently counsel, advise, induce or attempi to induce, any judge of election, clerk, or other officer of election whose duty it is to ascertain, x>roclaim, announce or declare the result of any such elec- tion, or give or make any false certificate, document, report, return, or other false evidence in relation thereto, or to refuse to comply with his duty, as specifically provided for in this act, or to refuse to receive the vote of any person entitled to vote therein;
Or shall aid. counsel, advise, procure or assist any legally qualified voter, person or judge of election, or other officer of election, to do any act by law forbidden or in this act constituted an oft'ense;
Every such person shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished for each and every such offense by imprisonment in the penitentiary for not less than one nor more than five years.
28 ELECTIONS.
§ 25. If any election clerk, or any judge of election performing the duties of clerk, or other person performing such duties, shall wilfully keep a false poll list;
Or shall knowingly insert in his list any false statement, or any name or statement, or any check, alternation [alteration] or mark, except as in this act provided, he shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished by imx^risonment in the penitentiary for not less than one nor more than five years.
§ 26. Any judge of election who shall wilfully exclude any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election, or shall wilfully receive a vote from any person who has been duly challenged in relation to his right to vote at such election without exacting from such person such oath or other proof of qualifications as may be required by law, he shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than one nor more than two years.
§ 27. Every judge of election, clerk or other officer authorized to take part in or perform any duty in relbtion to any canvass or official statement of the votes cast at such election in any district who shall wilfully make any false canvass of such votes, or shall make, sign, publish or deliver any false return of such election or an}^ false certificates or statement of the result of such election, knowing the same to be false, or who shall wilfully deface, destroy or conceal any statement, tally or certificate entrusted to his care or custody, shall, on conviction thereof, be adjudged guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
§ 28. If any person, other than a judge of election, shall at any such election knowingly and wilfully put, or cause to be put, any ballot or ballots, or other paper having the semblance thereof, into any box used at such election for the reception of votes;
Or if any judge of election shall knowingly and wilfully cause or permit any ballot or ballots to be in said box at the opening of the polls and before the voting shall have commenced, or shall knowingly, wilfully or fraudulently put any ballot, or other paper having the semblance thereof, into any such box at any such election, unless the same shall be offered by an elector whose name shall have been found upon the registry, or who shall be entitled to vote under this act, or knowingly put or permit to be put into the ballot box any ballot ex- cept the single ballot of each qualified voter;
Or if any such judge of election or other officer or person shall fraudulently, during the canvass of ballots, in any manner change, substitute or altej any ballot taken from the ballot box then being canvassed, or from any ballot box which has not been canvassed;
Or shall remove any ballot or semblance thereof from, or add any ballot or semblance thereof to the ballots taken from, the ballot box then being canvassed, or from any ballot box which has not been canvassed;.
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Every such person shall, upon conviction thereof, be adjudged guilty of felony, and shall be punished b}' imprisonment in the pen- itentiary for not less than one nor more than live years.
§ 29. If any judge of election, clerk or other officer of election of whom any duty is required in this act or by the general election laws of this State, so far as the same are consistent with the pro- visions of this act, shall be guilty of any willful neglect of such duty, or of any corrupt or fraudulent conduct or practice in th& execution of the same, he shall, upon conviction thereof, be ad- judged guilty of a felony, and shall be punished by imj)risonment in the penitentiary for not less than one nor more than five years.
§ 80. Every judge of election, clerk or other officer or person having the custody of any record, registry of voters, or copy thereof, oath, return or statement of votes, certificate, poll list or of any paper, document or vote of any description in this act directed to be made, filed or preserved, who is guilty of stealing, wilfully destroy- ing, mutilating, defacing, falsifying or fraudulently removing or secreting the whole or any part thereof:
Or who shall fraudulently make any entry, erasure or alteration therein, except as allowed and directed by the provisions of this act, or who permits any other person so to do. shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished for each and every such offense b}' imprisonment in the penitentiary for not less than one nor more than five years.
§ 31. Every person not an officer, such as is mentioned in the last preceding section, who is guilty of any of the acts specified in said last section, or who advises, procures or abets the commission of the same or any of them, shall, upon conviction thereof, be adjudged guilty of a felony, and for each and every offense shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
§ 32. Any person who shall be convicted of wilfully and corruptly swearing or affirming in taking any oath or affirmation jjrescribed by, or upon any examination provided for, in this act, shall be ad- judged guilty of a willful and corrupt perjury, and shall be punished according to the laws of the State.
§ 33. Every person who shall wilfully and corruptl}- instigate, advise, induce or procure any person to swear or affirm falsely, as aforesaid, or attempt, or offer so to do, shall be adjudged as guilty of subornation of perjary, and shall, upon conviction thereof, suffer the punishment directed by law in cases of willful and corrupt perjury.
§ 34. If any person shall fraudulently change or alter the ballot of any elector or substitute one ballot for another;
Or fraudulenth" furnish any elector with a ballot containing more than the proper number of names;
30 ELECTIONS.
Or shall intentionally practice any fraud upon any elector to in- duce him to deposit a ballot as his vote and to have the same thrown out and not counted, or to have the same counted for a person or candidate other than the person or candidate for whom such elector intended to vote;
Or otherwise defraud him of his vote, every such person shall, upon conviction thereof, be adjudged guilty of a felony, and shall, if a judge of election, clerk or other officer of election, be punished with imprisonment in the penitentiary for not less than one nor more than five years. And if not such judge, clerk or other officer of election, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
§ 35. If an}^ person who shall have been convicted of bribery, felony or other infamous crime under the laws of any state, and who iias never received a pardon for such offense from the officer or board entitled to grant such pardon, shall thereafter vote, or off'er to vote, at any primary election in such city, village or incorporated town, he shall, upon conviction thereof, be adjudged guilty of a felony and, for each and every such offense shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
§ 36. If any person shall wilfully disobey any lawful command of any judge of election, given in the execution of his or their duty as such, at any such .primary election, he shall, upon conviction, thereof, be adjudged guilty of a misdemeanor under this act.
§ 37. If, on any day of primar}' election, or during the canvass of the votes cast thereat, any person shall cause any breach of the peace, or be guilty of any disorderly violence, or threats of violence, whereby any such election or canvass shall be impeded or hindered;
Or wdiereby the lawful proceedings of anj^ j^^dge of election or clerk, or other officer of such election, or challenger or person desig- nated to be present at the canvass of any ballots as hereinbefore provided, are interfered with, every such person shall, upon convic- tion thereof, be guilty of a misdemeanor under this act.
§ 38. If any person kno>yingly or wilfully shall obstruct, hinder or assault, or by briber}^ solicitation or otherwise, interfere with any judge of election, clerk, challenger or person designated, as provided in this act to be present at the canvass of any ballots, in the per- formance of any duty required of him, or wdiich he may be by law authorized or permitted to jperform;
Or if any person, by any of the means before mentioned or other- wise unlawfully shall, on the day of election, hinder or prevent any judge of primary election, clerk, challenger, or person designated, as j>rovided in this act to be present at the canvass of ballots, in his free attendance and presence at the place of election in the primary election district, in and for which he is appointed or designated to serve ;
Or in his full and free access and egress to and from any such place of election;
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Or to and from any room where such primarj^ election, or canvass of votes, or making of anj' returns or certificates thereof, may be liad;
Or shall molest, interfere with, remove or eject from any such place of election, or of canvassing ballots cast thereat, or of making returns or certificates thereof, any such judge of election, clerk, challenger, or person permitted by this act to be present at any poll- ing place, except as otherwise provided in this act, or shall unlaw- fully threaten or attempt to offer so to do;
Every such person shall be guilty of a misdemeanor under this act.
§ 39. If any person shall conceal or wilfully break or destroy any ballot box, used or intended to be used, at such election;
Or shall wilfully or fraudulently conceal, secrete or remove any such box or poll list used at such election;
Or any report, return, certificate or other evidence in this act re- quired, he shall, on conviction thereof, be adjudged guilty of a felony, and shall, for each and every such offense, be punished by imprisonment in a State penitentiar}' for not less than one nor more than five years.
§ 40. If at any election any judge of election or clerk shall, knowingly or wilfully, receive any vote or proceed with the canvass of l)allots, or shall consent thereto, unless a majority of all the judges of election are present and concur:
He shall be guilty of a misdemeanor under this act.
§ 41. If any judge of primary election shall, without urgent ne- cessity, absent himself from the place of the polls in said primary district upon any day of election, whereby less than a majority of all the judges in such election district shall be present during such hours of election or canvass of ballots:
He shall, upon conviction thereof, be adjudged guilty of a misde- meanor under this act.
?j 42. Whoever, during the hours of election or during the hours of the canvass of votes, or of making return thereof, shall bring take, order or send into, or shall attempt to bring, take, or send into, any place of election any distilled or spirituous liquors whatever; or shall, at any such time and place, drink or partake of such liquor, shall be deemed and held to be guilty of a misdemeanor under this act.
§ 43. Any person who votes with a certain party at such primary election when he knows he is not qualified so to vote under the pro- visions of this act shall, on conviction thereof, be deemed guilty of a felony and be punished by imprisonment in the penitentiary for not less than two nor more than five years.
§ 44. If any person, knowing that he is not qualified to vote at such primary election, takes a place in any line of voters waiting to vote at such election, or, after having voted at such election, or after having voted at such election, takes a place in such waiting line, he
32 ELECTIONS.
shall, upon conviction thereof, be adjudged guilty of a misdemeanor under this act, and shall be punished as provided for misdemeanors under this act.
§ 45. If any judge shall wilfully, and without lawful excuse, re- fuse to make out, sign and deliver to the person entitled thereto any certificate of election as delegate or alternate delegate provided for in this act, or shall knowingly make out, sign and issue such certifi- cate of election to any person not entitled thereto, or shall issue such certificate of election to any person at any time in advance of the official count of the votes at such polling place, or shall sub- scribe to any false statement or writing required under the provis- ions of this act, or which is incidental and material to any such provisions, he shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
§ 46. Any person who shall seek and obtain for himself or an- other such false certificate of election as delegate or alternate delegate to any convention, knowing that he or such other person is not en- titled thereto, and any jDerson who shall use or attempt to use such certificate of election, knowing the same to be false or fraudulent, or to have been issued for another person; and any person who shall knowingly and without right act as a delegate or alternate delegate to any such convention, shall, upon conviction thereof, be adjudged guilt}^ of a felony, and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
§ 47. If any judge or clerk shall neglect or refuse to canvass the votes at the time and manner provided in this act, and to report and make the returns required in this act, he shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished by imprisonment in the penitentiar}^ for not less than one nor more than five years.
§ 48. If any person other than a judge (see § 2S, 29), shall com- mit any act prohibited herein, or refrain from doing any act required to be done Jierein. or if any person shall in any iijanner be guilty of any violation of this act for which no punishment is herein espe- cially provided, he shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be fined not less than fifty (50) nor more than five hundred dollars ($500), or imprisoned in the county jail not less than one month nor more than one year, or he may be punished by both such fine and imprisonment. Any oflPense in this act designated a misdemeanor, and for which no penalty is specific- ally provided, shall be punished as provided in this section.
§ 49. The word •'householder" as used in this act shall mean the chief or head of a family, who resides with a family as a family, and who supports and provides for such family as an independent family.
§ 50. In all prosecutions and in all contests under this act it shall be the lawful duty of the clerk of the county, or of the board of election commissioners or other officers having the custody thereof, to produce, open, exhibit and offer in evidence any notice.
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ballot book, registry book, bundle of ballots, returns statements or other documents or papers relating to the particular prosecution or contest for the purpose of enabling a full investigation.
§ 51. Irregularities or defects in the mode of calling, noticing, convening, holding or conducting any primary election authorized by law shall constitute no defense to a prosecution for a violation of this act. When an offense shall be committed in regulation [relation] to any primary election, an indictment for such offense shall be suffi- cient if it allege that such election was authorized by law. without stating the call or notice of election aforesaid, the names of the judges or clerks holding such election, or the names of the iDersons voted for at such election. Judicial notice shall be taken of this act in any county, city, village or incorporated town to which this act shall apj)ly, and of the holding of any election thereunder on any primary election day.
§ 52. In counties, cities, villages or incorporated towns to which this act shall apply as hereinafter provided, the act entitled "An act to regulate primary elections of voluntary political associations, and to punish frauds therein," approved June 6, 1889, and in force July I, 1889, is hereby declared to be, and the -same is and shall be, inop- erative and of no force and eft'ect.
§ 53. The electors of any county, city, village or incorporated town now existing or hereafter existing in this State may adopt and become entitled to the benefit of this act in the following manner:
Whenever one thousand of the legal voters of such county, citj', village or incorporated town voting at the last preceding election shall petition the judge of the county court of such county to sub- mit to a vote of the electors of said county, city, village or incorpo- rated town, respectively, the proposition as to whether such countj^ city, village or incorporated town, respectively, and the electors thereof shall adopt and become entitled to the benefits of this act, it shall be the duty of such county court and the judge thereof to submit such proposition accordingly at the next succeeding general State or county election, and if such proposition is not adopted at such election the same shall, in like manner, be submitted to a vote of the electors of such county, city, village or incorporated town by such county court and the judge thereof, upon like application, at any general, State or county election thereafter, and an order shall be entered of record in said county court submitting the proposition as aforesaid. If one thousand shall exceed one-eighth of the legal voters of such county, city, village or incorporated towns, respectively, voting at the last preceding election, then such petition or applica- tion need not be signed or made by more than one-eighth of the legal voters of such county, citj'. village or incorporated town voting at the last X3i'eceding election.
The judge of said county court shall give at least ten days' notice of election at which such proposition is to be submitted by publish- ing such notice in one or more newspapers published in the county
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for at least live times, the first publication to be at least ten days before the day of the election, and if no newspaper is published in said count}^, then by posting at least twenty-five copies of such notice in twenty-five of the most prominent places in such count3^ city, village or incorporated town, respectively, at least ten days before such election. Such election shall be held under the election law in force in such county, except as herein otherwise provided. The proposition so to be voted for shall be on a separate ballot, in plain prominent type, and shall be prepared and i^rovided for that purpose in the same manner as other ballots, and shall be substantially in the following form:
If a majority of the votes cast upon such proposition shall be voted for such proposition, this act shall thereby be adopted by such county, city, village or incorporated town, respectively, and the judge of the county court of the county shall thereupon enter of record an order declaring this act in force in such county, city, village or incorporated town, respectively.
Provided, That in counties of 125,000 inhabitants or more this act shall be in full force and effect without submitting the question of its adoption to a vote of the people.
§ 5f. Whereas, An emergency exists, therefore this act shall take efFect from and after its passage.
xIpproved February 10, 1898.
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ASSESSMENTS. '
Couuties not under Township Or- \ ? 3. Board of Assessors created in Coun- ganization— County Treasurer shall i ties of 125,000 or more— Election of he ex-officio Assessor— Dividing | —Term of office— Shall hold no Counties into Districts— Deputy ] other lucrative ol¥ice— Oath— Chair- Assessors. ! man— Compensation— Vacancy, how
Couuties iinder Township Organiza- tion with less than 125,000— County j Treasurer shall be ex-officio Super- ' \'>-isor of Assessments— Oflice, how | , provided and fiii-nished — Office I ' hours— Deputies and Clerks— Du- ties, Neglect, Penalties— Town As- sessor may appoint Deputies— | ^ 5. Refiisal or neglect of Assessor to per Compensation. i form duty— Penalty.
tilled— Clerical help— Chief Clerk, how appointed. Duties, Oath, Com- pensation—Townships not lying wholly within limits of one city. Bonds of Assessor and Supervisor- Amount of— Condition of —Approval of— Piled where— Form of oath.
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35
i 6. Deputy Assessors— Number, term of office, duties, compensation— Maps and plats to be kept in office.
i. 7. What property shall be listed.
? 8. All property to be listed April 1st— Purchaser on April 1st to be owner on that day.
i. 9. Assessment for 1809— Quadrennial pe- riod.
I 10. County Clerks, duties before April 1st, 1899— Other duties.
i 11. Assessors to receive books from County Clerks.
-< 12. Assessor or Deputy shall view each tract, listed— Improved tracts and unimproved tracts listed in sepa- rate columns — Improvements or damages since last assessment- Duty of Supervisor in case of neg- lect—Of Assessor.
■>. Vi. All lists made in Duplicate — Altera- tions of descriptions — Distribu- tion of assessments where sub- divided.
; U. Assessors" duties in years other than year of General Assessment.
'i 15. Personal Property, how valued— When listed.
I 16. When and how Assessor shall list personal property— Statement shall be made, signed and sworn to.
? 17. Form of schedule.
^ 18. Real and Personal Property, "full value" and "assessed value"— State Board of Equalization— One-fifth of "full value" shall be "assessed value" for all piirposes of taxation, limitation, etc.
\ 19. Schedule to be signed and sworn to — False schedule constitutes perjury.
; 20. Assessment schedule of corporations — Who shall sign and swear to — Failure of Assessor to do his duty —Penalty.
i 21. Return of Books by Township Asses- sor— Form of affidavit.
i 22. Authority of Supervisor as to changes or alterations.
'-. 28. Board of Assessors— Shall meet when —Revision of assessment to be finished by July 1st— Affidavits — No alterations to be made after signing of affidavits.
? 24. Township Assessor holds office till January 1 after election of his suc- cessor.
§ 25. Office of Board of Assessors, etc., shall be open all the year — Information to be furnished to Board of Review.
\ 26. Supervisor of Assessments shall note changes in a separate column— No changes to be made in original figures.
? 27. Copies of schedule, return, etc., to be furnished to party interested in assessment.
? 28. Board of Review, receiving and re- turning schedules.
I 29. Publication of List of Assessment for 1899— Compensation for publishing —Publication after 1899 every year for personal property — For real es- tate every 4 years— Pamphlets in counties of 125. OCO or more— Failitre to publish does not invalidate tax sale.
BOAKD OF REVIEW.
§ 30. Board of Review in Counties under ' Township Organization of less than 125,000— How constittited- Vacan- cies—Compensation.
\ 31. Board of Review in Counties not ttu- der Township Organizatif)n— How constituted— Compensation.
? 32. Board of Review in Counties uf 125- 000 or more— How elected and when —Term — Qualification, oath, com- pensation, vacancy,
§ 33. Form of oath.
§ 34. Meeting of Board — Revision of As- sessment— Notification to taxpayer or his agent.
I 35. Duties of Board— 1st. assess all property omitted and correct errors —2d, shall receive complaints made before August 1st — may, of its own motion, increase or reduce assess- ments of individual— 3d, may in- crease or decrease entire assess- ment of real or personal property or any class thereof— property owners to be notified— 4th, duties concerning property claimed to be exempt — Approval of Auditor re- quired—Auditor's .statement to be filed in Supreme Court.
§ 36. All notices to be written or printed— Service, how made.
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i 37. Board of Review may reverse act of Supervisor or Board of Assessors.
?, 38. Board shall complete work before Sep- tember 7th — Affidavit.
§ 39. Shall publish reasonable and proper rules.
'i 40. Failure to complete assessment in time does not vitiate assessment.
'i 41. Former Boai'ds of Review— Powers annulled— New Boards to meet not later than 2d Monday in July.
i 42. May summon Assessor or Deputy- Powers of Examination.
I 43. Delivery of Books to County Clerk and County Assessor.
I 44. Refusal or neglect of duty by any officer of assesment— Penalty.
'i 45. Fraudulent list or schedule — Penalty.
? 46. State's Attorney shall prosecute vio- j lators— Fees— ISalary of Assesor,
etc.— How paid.
'i 47. County Clerk's report to Auditor of abstract of assessment.
l 48. Delinquent tax list in duplicate— To be filed with County Clerk and City Comptroller.
'i 49. County Clerk shall certify to County Board the rate per cent of taxation —Limitation of indebtedness in cer- tain cases 21-2 per cent of assessed valine— Tax levy shall not exceed 5 per cent — How rate exceeding 5 per cent shall be reduced.
i 50. State Board of Equalization shall meet annually on the 1st Tuesday after the 10th day of September.
2 51. Board of Equalization may raise or lower total assessed value for any county.
§ 52. County Clerk shall deliver books on 10th day of January-
i 53. Assessments must be made between 1st day of April and 1st day of June —Property removed may be assess- ed in either district— Certain dates changed- Taxes on real property a prior lien— Abstracts to be obtained by Auditor, when.
? 54. Duties and powers of Boards of As- sessors—Liabilities and penalties.
§ 55. Provisions of General Revenue Law still in force except as otherwise provided in this act.
g 56. Majority of Board may do any act re- ' quired of Board.
§ 57. Township Assessors in counties of 125,000 or more— Powers and duties abridged.
§ 58. How act shall apply to counties here- after attaining a population of 125,- 000.
§ 59. Act of 1893 repealed.
An Act for the assessment of property and providimj Itie means therefor, and to repeal a certain act tliereia named.
Section 1. Be it enacted by the People of tlie State of Illinois, represented in tlie General Assembly, That in counties'not under township organization the count_y treasurer shall bo ex-otficio counts- assessor.
The county assessor in counties not -under township organization may, with the advice and consent of the county board, divide his county into convenient assessment districts and appoint a deputy assessor for each district.
§ 2 In counties under township organization of less than 125.000 inhabitants the county treasurer shall be ex-oificio super- visor of assessments in his count3^'^(^He shall have a suitable office, to be provided and furnished by me county board, in which he shall keep, subject to the inspection of all persons wjio shall desire to consult the same, the assessment books returned to him as directed by law. He shall keep his office open for busineis from
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o'clock a. m. to 5 o'clock p. m. of every clay except Sundays ajid ^^egal holidays. He may, by and with the advice and consent of the ounty board, appoint necessary deputies and clerks, their compen- ation to be fixed by the county board and paid by the county. The upervisor of assessments shall, on or l)efore the first daj- , of April in each year, assemble all assessors and their deputies for consulta- tion, and shall give such instructions to them as shall tend to a uni- jformity in the action of the assessors and deputy assessors in his county. Any assessor or deputy assessor who shall wilfully refuse pr neglect to observe or follow the directions of the supervisor of assessments which shall be in accordance with law shall, upon con- viction thereof in any court of competent jurisdiction, for each tfense be fined not less than fifty dollars nor more than five hun- dred dollars, or be confined in the county jail not exceeding six months, in the discretion of the court. -
>^^ In counties under township organization where a town assessor
4 :^hall be unable alone to perform all the duties of his office, he may, "^ by and with the advice and consent of the town board of auditors ^s^^Jrst obtained, appoint one or more suitable persons to act as depu- --Avties to assist him in making the assessment.
I V The compensation of the township assessors shall be as follows: I ^In townships containing not less than five thousand (5,000) inhabi- •" stants they shall receive not less than five dollars ($5.00) nor more ^^than ten dollars ($10.00) per day: Provided, That in townships ^containing more than fifteen thousand (15,000) inhabitants addi- r' tional compensation may be allowed, making their entire comjpensation \*^for making the assessment a sum not exceeding one thousand dollars i-jj^ ($1,000) . In townships containing less than five thousand (5,000) u Unhabitants they shall receive not less than two and one half dollars st^c' ($2.50) nor more than five dollars ($5.00) per day. Necessary deputy \ assessors shall receive not exceeding five dollars ($5.00) per day. The 5|\ compensation as herein provided shall be fixed by the board of town pV^auditors, and shall be based upon the time actually employed in the » ^.making of such assessment, and such assessors and deputies shall 5^ make affidavit of the time so employed. Population as herein used 5^ shall be deemed to be the population of such townships as ascertained '^^-...bv the last preceding federal or school census.
^ ^ 3. In all counties of this State containing one hundred and ,>J. twenty-five thousand or more inhabitants there is hereby created and
5 i established a board of assessors, consisting of five persons, not more ' ^than four of whom shall be residents of any one city, to be known as
the board of assessors of said county. At the regular county elec- tion to be held in such county in the year 1898 for the election of county officers there shall be elected by the legal voters of said county five assessors, w^iose terms of office shall commence on the first day of January next ensuing, who shall hold their office, two for two years, two for four years, and one for six years, respectively, and until their successors are elected and qualified. And every two years ther-eafter, at the regular county election in said count}' for the elec- tion of coiintv officers, there shall be elected an assessor, or two as-
38 REVENUE.
sessors, as the case ma}^ be, to succeed the assessor or assessors whose term of office shall expire that year, whose term of office shall com- mence on the first day of January next following, and shall be six years in duration, and until his or their successors shall be elected and qualified. The assessors so elected shall qualifiy within ten days after the canvass of the vote is completed. Such assessors shall hold no other lucrative public ofiice or public employment. Each of said assessors, before entering upon the duties of his office, shall take and subscribe the oath provided for in this act. At the first meeting of the board of assessors they shall determine by lot which of them shall hold office for the respective terms. The chairman of the board shall be the person having the shortest term to serve. In the years when two persons shall be serving the shortest term, it shall be determined by lot which of such two persons shall be chairman. Each assessor shall receive a salary of thirty-six hundred dollars per annum, to be paid monthly out of the county treasury.
In case of any vacancy in said board, or the failure of any person elected to that office to qualify, the board of review provided for in such counties may appoint a person to fill such vacancy until his successor shall be elected and shall qualify, and an assessor to fill such vacancy shall be elected at the next regular county election.
Said board of assessors shall have power to employ a chief clerk, who shall have charge of the office of such board, and such other clerical help as may be necessary, subject to the approval of the board of review as to the number thereof, who shall hold office during the pleasure of the board, and who shall be present and in attendance at all proper business hours. Such chief clerk shall take and sub- scribe an oath of office that he will honestly and faithfully perform all duties of such office under the direction of said board, and he shall have power to administer all oaths authorized by law to be adminis- tered by assessors, and the comjjensation of such clerk shall be fixed by such board subject to the approval of the board of review, not to exceed ten dollars per day for each working day.
In all townships in such counties not lying wholly within the limits of one city the township assessor shall be ex-officio the deputy assessor to make the assessments in the township wherein he is elected: Provided, That if, in any such township, said township as- sessor shall not be able, by himself alone, within the time allowed by law to make the assessment of said township, then any additional deputy assessor, or deputy assessors, required to make such assess- ment shall be residents and legal voters of such township, and shall be nominated by the board of auditors of such township, and ap- pointed by the board of assessors only upon such nomination, and deputy assessors so appointed shall act under the supervision of the ex-officio deputy town assessors.
§ 4. Every assessor and supervisor of assessments shall, before he enters upon the duties of his office, enter into a bond, payable to the people of the State of Illinois, in the sum of two thousand dollars or such larger sum as the countv l)oard shall determine, with two or
REVENUE. ^.9
more sufficient sureties, to be approved by the jpresident or chairmau of the county board, except in the case of the supervisor of assess- ments, whose bond shall be approved by the county board: Provided, That township assessors in counties having less than one hundred and twenty-five thousand inhabitants shall be required to give bond only in the sum of five hundred dollars each, with sureties as above pro- vided: said bond be approved by the supervisor of their respec- tive towns. The condition of the bond shall be that such assessor or supervisor of assessments, as the case may be, will diligently, faith- fully and impartially iDerform each and singular the duties enjoined upon him by law. Snch bond shall be filed in the office of the county clerk and recorded at large in a book to be provided for such bonds. The State, county, town or any municipality, corporation or person sufl:ering any loss or damage b)^ reason of any failure to keep and perform any of the conditions of the bond to the best of his ability may recover thereon for their or his use by suit in the name of the people of the State of Illinois. And every assessor, dejjuty assessor or supervisor of assessments shall, also, before entering upon the duties of his office, take and subscribe to an oath, which oath shall also be filed in the office of the county clerk: Provided. That the oath of township assessors and their deputies shall be filed with their resiDective town clerks. Said oath to be as follows:
I do solemidy swear (or affirm) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithful!}' discharge all the duties of the office of assessor, deputy assessor or supervisor of assessments (as the case may be), to the best of my ability; that I will, without fear or favor, appraise all the property in said county at its fair cash value, said value to be as- certained at what the property would bring at a voluntary sale in the due course of business and trade: and that I will assess said property when so appraised at one-fifth of its said cash value: that I will cause every person, company or corporation assessed to sign his, her or its assessment schedule, and I will administer to each and every person so signing said assessment schedule the oath thereon, and return said schedule so signed and file the same with the county clerk.
§ 5. Any assessor or deputy assessor or supervisor of assessments or other persons whose duty it is to assess property for taxation or equalize any such assessment who shall refuse or knowingly neglect to perform any duty required of him by law, or who shall consent to or connive at any evasion of the provisions of this act whereby any property required to be assessed shall be unlawfully exempted in whole or in part or the valuation thereof entered or set down at more or less than is required by law, shall, upon conviction, be fined for each offense not less than one hundred dollars nor more than five thousand dollars and imprisoned in the county jail not exceeding one year, and shall also be liable upon his bond to the party injured for all damages sustained by such party, as above provided.
§ 6. The board of assessors shall have power to appoint as many suitable persons as in their judgment are necessary to act as deputies, subject to the approval of the board of review as to the number and
■40 EEYENUE.
time of service of such deputies, to assist them in making the assess- ment, who shall perform such duties as may be assigned to them by the board of assessors. The}^ shall hold their office during the will of the board of assessors, and shall receive such compensation as shall be determined by the board, not exceeding five dollars ($5.00) per day. Such deputy assessors shall, before entering upon their duties, take and subscribe tl?t. oath or affirmation prescribed for the assessors.
The board of assessors shall have power and authorit}' to make and purchase such maps and plats as will facilitate the business of their office, which maps and ijlats shall always be and remain in their office, and shall be open and accessible to the public.
^ 7. All property in this State shall be subject to assessment and taxation as provided by the general laws for the assessment of property and for the levy and collection of taxes except such property as may be exempt therefrom by such general laws. Such property shall be listed and valued in the manner and by the persons heretofore provided by law except as herein otherwise expressly provided.
§ 8. All property subject to taxation shall be listed by the per- son at the place and in the manner required by law, and assessed at the place and in the manner required by law with reference to the ownership, amount, kind and value on the first day of April in the year for ^vliich the property is required to be listed, including all property purchased on that day. The owner of property on the first day of AiDril in any year shall he liable for the taxes of that year.
The purchaser of property on the first day of April shall be con- sidered as the owner on that day.
§ 9. All real property' subject to taxation under the general revenue laws of the State, including real estate becoming taxable for t lie first time, shall be listed in the name of the owner thereof by such ownei's, or persons required by law, or tlreir agents, or the officers provided by law, and assessed for the year one thousand eight hundred and ninety-nine (1899), and every fourth j^_ear there- after, with reference to the amount owned on the first day of April in the year in whi6h the same is assessed, including ail property purchased on that day, which assessment shall be known as the general assessment, and as modified or equalized or changed as provided by law, shall be the assessment upon which taxes shall be levied and extended during the quadrennial period for which the same is made: Provided. That no assessment of real property shall be considered as illegal by reason of the same not being listed or assessed in the name of the owner or owners thereof.
§ 10. The county clerk shall, l)efore the first day of April in the year eighteen hundred and ninety-nine (1899). and every fourth year thereafter, makeup in duplicate in books to be provided for that purpose, the list of lands or lots to be assessed for taxes in the manner provided in the general revenue law. He shall also annually, before the first day of Apri', make up lists of lands and lots which
REVENUE. 41
are taxable, or which shall become taxable for the first time and which are not already listed, and lists of lands and lots which have been subdivided and not listed by the proper description. Such lists shall be made up in duplicate and in the manner in which the county clerk is required by the general revenue law to make such lists.
§ 11. It shall be the dut}' of the county assessor, the board of assessors, or the supervisor of assessments, as the case may be, to call upon the count)' clerk on or before -the first day of April in each year and receive the assessment books and blanks as prepared by said count}^ clerk for the assessment of property' for that year.
§ 12. The assessor shall, before the first day of June in the year ls99, and every fourth year thereafter, in person or by his deputy, actually view and determine as near as practicable the value of each tract or lot of land listed for taxation as of the first day of April of each year, and assess the same at the value required by law, setting down the sum in proper columns prepared therefor in dup)licate books furnished him. In making such assessments he shall set down his valuation of improved tracts and lots in one column, and his value of unimproved tracts and lots in another column. He shall, also, between the first day of April and the first da}' of June in each intervening year list and assess in like manner all real property which shall become taxable and which is not upon the gen- eral assessment, and also make and return a list of all new or added buildings, structures or other improvements of any kind, the value of which shall not have been previously added to or included in the valuation of the tract or lot on which such improvements have been erected or placed, specifying the tract or lot on which each of said improvements has been erected or placed, the kind of improvement and the value which, in his opinion, has been added to such tract or lot by the erection thereof: and in case of the destruction or injury b}' fire, flood, cyclone, storm or otherwise, or removal of any structures of any kind, or of the destruction of or any injury to orchard, timber, ornamental trees or groves, the value of which shall have been included in any former valuation of the tract or lot on which the same stood, the assessor shall determine -as near as prac- ticable how much the value of such tract or lot has been diminished in consequence of such destruction or injury, and make return thereof. And in case any assessor shall fail or neglect so to do, then the supervisor of assessments shall, in the case of such new or added improvements, assess the same according to the assessment of the same property in the general assessment, and in the case of such destruction shall abate from the assessment of the tracts or lots so damaged or lessened the proper proportion thereof, estimated ac- cording to the same principles; in counties containing one hundred and twenty-five thousand or more inhabitants such books shall be made up by townships.
§ 13. All such lists, valuations and entries shall be made in duplicate assessment books. The assessor shall, also, from time to time, make such alterations in the description of real property as
42 REVENUE.
he may tind necessary, and when real property has been subdivided since the making of the general assessment, shall from time to time correct the descriptions so that they shall correspond to the subdi- visions, and distribute the assessment in proper proportions among the lots or parcels into which the land shall have been subdivided; and in case of a vacation of a subdivision readjust the descriptions of the assessment accordingly.
§ 14. On or before tlie first day of June in each year, other than the year of the general assessment, the assessor shall determine the amount, in his opinion, of any change in the value of any tracts or lots or lands, if any such change has taken place and is not already entered in the assessment books, determining such change in value as of the first day of April of that year, and add to or deduct from the assessment accordingly, setting down the amount of such change in a proper column in the assessment books.
§ 15. Personal property shall be valued as and in the manner required by law, and shall be listed between the first day of April and the first day of June of each year, when required by the assessor, with reference to the quantity held or owned on the first day of April in the j-ear for which the property is required to be listed. Personal property purchased or acquired on the first day of April shall be listed by or for the person purchasing or acquiring it.
§ 16. The assessor or his deputy shall annually, between the first day of April and of June, list the taxable personal property in his county, town or district, and assess the value thereof as of the first day of April, in the raanner following, to-wit: He shall call at the office, place of doing business or residence of each person required by this act to list jjroperty and list his name, and shall require such person to make a correct statement of the taxable property in accordance with the provisions of this act, and the person listing the property shall enter a true and correct statement of such property owned b}^ him on the first day of April of that year in the form pre- scribed by law„ which shall be signed and sworn to to the extent re- quired by this act by the person listing the property, who shall deliver such statement to the assessor; and the assessor shall there- upon assess the value of such property, and enter the valuation in his books: Provided, If any property is listed or assessed on or after the first day of June, the same shall be as legal and binding as if listed and assessed before that time.
§ 17. The assessor shall furnish to each person required to list personal property a printed blank schedule, forms to be furnished by the Auditor of Public Accounts, upon which shall be printed a no- tice substantially as follows:
"This schedule must be filled out, sw^orn to and returned to me in
person or by mail at ( address) on or before
You are to give a full, fair cash value of the articles mentioned as well as the amount of money required to be returned. Only one- fifth of the several amounts will be taken and assessed for the pur- pose of taxation.
(Signature)
Assessor."
REVENUE. 43
There shall also be printed upon such blank the schedule now re- quired by law, and the following, which is a part of this section:
And every person required to list personal property or money shall fill out, subscribe and swear to, and return to the assessor, in person or by mail, at the time required, such schedule in accordance with law, giving the numbers, amounts, quantity and quality of all the articles enumerated in said schedule by him possessed, or under his control, required to be listed by him for taxation. The assessor shall determine and fix the fair cash value of all items of personal property, including all grain on hand on the first day of April, and set down the same, as well as the amounts of notes, accounts, bonds and moneys, in a column headed "full value,"' and ascertain and assess the same at one-fifth part thereof, and set down said one- fifth part thereof in a column headed '■'assessed value," which last amount shall be the assessed value thereof for all purposes of taxa- tion. The assessor, or some person authorized by law to administer an oath, shall administer the oath required in this section.
§ IH. Personal property shall be valued at its fair cash value less such deductions as may be allowed by law to be made from credits, which value shall be set down in one column, to be headed ''full value,'" and one-fifth part thereof shall be ascertained and set down in another column, which shall be headed "assessed value."'
Real property shall be valued at its fair cash value, estimated at the price it would bring at a fair voluntary sale in the due course of trade, which shall be set down in one column, to be headed "full value", and one-fifth part thereof shall be set down in another column, which shall be headed "assessed value."
The State Board of Equalization, in valuing property assessed by them, shall ascertain and determine respectively the fair cash value of such property, which fair cash value shall be set down in one column, to be headed "full value," and one-fifth part thereof shall be ascertained and set down in another column, which shall be headed "assessed value.''
The one-fifth value of all property so ascertained and set down shall be the assessed value for all purposes of taxation, limitation of taxation and limitation of indebtedness prescribed" in the constitu- tion or any statute.
§ 19. The assessor shall require every person to make, sign, and swear to the schedule provided for by this act. If any person shall refuse to make the schedule herein required, or to subscribe and swear to the same, the assessor shall list the property of such person according to his best knowledge, information and judgment, at its fair cash value, and shall add to the valuation of such list an amount equal to fifty per cent, of such valuation.
Whoever in making such schedule shall wilfully swear falsely in any material matter, shall be guilty of perjury and punished accord- ingly.
44 REVENUE.
§ 20. The assessor, deputy assessor, or some other person duly authorized by law to administer oaths, shall administer the oath or affirmation attached to the assessment schedule as provided by law to each person or proper officer of corporation so assessed, and such person or officer of such corporation shall be required to sign said assessment schedule and swear to the same, and in case any one re- fuses so to do, the assessor shall note the fact in the column of re- marks opposite such person's name; and any assessor failing to have said assessment schedule so signed by the person assessed and an oath administered as required by law, or failing to make such note that the person or proper officer of the corporation refuses so to do. shall for each offense be fined not less than one hundred dollars (SlOO) nor more than five thousand dollars ($5,000).
§ 21. The township assessor shall, on or before the first day of June for the year for which the assessment is made, return the as- sessment books to the county supervisor of assessments. Each of said books shall be verified by affidavit of the assessor substantially as follows:
STATE OF ILLINOIS, ) County of \' ^ '
I do solemnly swear that the book or books in number, as
the case may be, to Mdiich this affidavit is attached, contains a full and complete list of all of the real and personal property in the township or assessment district herein described subject to taxation
for the year so far as I have been able to ascertain the same.
and that the assessed value set down in the proper column opposite the several kinds and descriptions of property is a just and equal assessment of such property according to law."
§ 22. The supervisor of assessments of the county shall have the same, authority as the township assessor to assess, make changes or alterations in the assessment of property.
§ 23. In counties having a board of assessors such board shall meet on the first Monday of June in each year for the purpose of revising the assessment of real property, and on the third Monday of June of each year for the XDurpose of revising the assessment of personal propert5^ At such meeting the board of assessors, upon application of any taxpayer, or upon their own motion, shall revise the assessment and correct the same as shall appear to them to be just. Such meeting may be adjourned from day to day, as may be necessary, and the board shall finish such revision upon or before the first day of July. When such revision is completed and the change and revisions entered in the assessment books, an affidavit shall be appended to each of such assessment books in the form re- quired by law. signed by at least two of such assessors. Upon the signing of such affidavits the board of assessors shall have no further power to change the assessment or alter the assessment books so as to change or afPect the taxes of that year.
§ 24. The township assessor elected and qualified at the town- ship election last preceding the date on which this act shall take
REVENUE. ' 45
effect, or in case of any vacancies in such offices, the persons ap- pointed to fill such vacancies, shall hold their offices and perform all the duties thereof until January 1 next following the date of the election of their successors, and thereafter their successors shall enter upon their duties on the first day of January next following their election, and perform the duties of said office for one year or until their successors are elected and qualified.
§ 25. The office of the board of assessors, the county supervisor of assessments and the county assessor shall be open all the year during business hours to he,ar or receive complaints or suggestions that real property has not been assessed at proper valuation. The supervisor of assessments, county assessor, or board of assessors, as the case may be, shall furnish to the board of review all books, papers and information in his or their office that said board may call for to assist them in the projjer discharge of their duties.
§ 26. The supervisor of assessments shall assess, make such changes or alterations in the assessment of property as though origin- ally made, and in making such changes in valuation as returned by the township assessor such changes shall be noted in a column pro- vided therefor, and no change shall be made in the original figures.
All changes and alterations in the assessment of real property shall be subject to revision by the board of review in the same manner that original assessments are reviewed. i
ij 27. The supervisor of assessments, or in counties having a board of assessors the chief clerk, when requested, shall deliver to any person a copy of the description, schedule, return, or statement of property assessed in his name or in which he is interested, and the valuation placed tliereon by the assessor or the board of review.'
§ 28. The board of assessors and the supervisor of assessments shall deliver all schedules and statements of personal property which have been received or made up by him or them to the board of re- view when required by them in the iDerformance of their duties.. Such schedules, after the assessment is fullj^ completed, shall be re- turned to the supervisor of assessments or board of assessors and shall be preserved for at least two years. *'
§ 29. As soon as the county assessor or supervisor of assessments shall have completed the assessment in the year A. D. 1S99 he shall cause to l)e published a full and complete list of such assessment by township or assessment districts, wdiich publication shall be made on or before July 10 of each year in some public newspaper or news- papers published in said county: Provided, That in every township or assessment district in which there is published one or more news- papers of general circulation the list of such township or assessment district shall be published in one of said newspapers so published in said township or assessment district: And, 'provided, That said news- paper shall not receive for the publishing of said assessment list to exceed three (3) cents per name for each person or corporation so assessed; and if impossible to secure publication at that price, that the iDublication be let to the lowest bidder at a price not exceeding
46 REVENUE.
five cents per tract, and shall furnish to the county assessor, the county supervisor of assessments and the board of review as many copies of said paper containing the assessment list as they may re- quire, said papers so furnished not to cost to exceed five (5) cents per copy: Provided, fmiJier, That nltev the year 1899 the publica- tion shall only be of the assessment of personal property and the changes made, if any, in real estate, but the real estate assessment shall be published in full every four (4) years, beginning with the year 1899: Provided, farther, That in counties of 125,000 inhabi- tants or over the board of assessors shall publish the assessment list in pamphlet form by election iDrecincts. in lieu of publication in the newspaper: Proy/(/e'/, That they shall deliver or mail to each tax- payer in said election precincts a copy of same: Provided, further, That in case said assessment is not published in conformity with law and was not mailed in accordance with the provisions of this act. the failure to so publish the same or mail the same shall not be con- sidered as a valid objection to a judgment for tax sale in the county court. The expense of such printing and publication shall be paid out of the county treasury.
BOAED OF REVIEW.
§ 80. In counties under township organization of less than 125,- 000 inhabitants the clerk of the county court, the chairman of the count}' board, and some citizen resident of the county to be ap- pointed by the county judge on or before June 1st of each year, shall constitute a board of review to review the assessments made by the county supervisors of assessments. In case of a vacancy on such board, then the county judge may appoint a citizen of such county to fill such vacancy until such time as said office can be filled by the officer herein named. The chairman of the county board shall be the chairman of the board of review. The members of the board of. review shall receiA^e as compensation the sum per day for each day of services as shall be fixed by the county board: their time of ser- vice to be made out in due form, with day and date, and sworn to by the members thereof.
§ 31. In counties not under township organization the board of county commissioners shall constitute the board of review. All powers and duties conferred or required by this act which apply to boards of review in counties under township organization of less than 125.000 inhabitants shall apply to boards of review of counties not under township organization. They shall receive the same com- pensation as now allowed them by law as county commissioners. Tlie county assessor of such counties shall have the same powers and duties, so far as the same are applicable, as are conferred by this act upon county sujaervisors of assessments in counties under town- ship organization.
§ 32. In counties containing 125,000 or more inhabitants there shall be elected at the regular county election in the year 1898 a board of review consisting of three x^ersons. whose term of office
REVENUE. 47
shall commence on the first day of January next following and shall be two, four and six years, respectively, and until their successors shall be elected and shall qualify. At every regular county election occurring thereafter there shall be elected a member of the board of review to succeed the one whose term shall expire that year, and whose term of office shall be six years and until his successor shall be elected and shall qualify. The persons so elected shall qualify within ten da3^s after the canvass of the vote shall be completed. They shall hold no other lucrative public office or public employ- ment. Each member before entering upon the duties of his office shall take and subscribe the oath provided for by law. At the first meeting of the board of review they shall determine by lot which of the members thereof shall hold office for the respective terms. Each member shall receive as compensation such sum as may be fixed b}^ the count}^ board, to be paid out of the county treasury. In case of any vacanc}' in said board or the failure of any person elected to that office to qualify, the judge of the county court shall appoint a person to fill such vacancy until his successor shall be elected and shall qualify, the member having the shortest term to serve shall be the chairman of such board.
§ 33. Each member of the board of review created by this act shall, before entering upon the duties of his office, take and sub- scribe to the following oath:
I do most solemnly swear (or affirm) that I will, as a member of the board of review of assessments, faithfully perform all the duties of said office as required by law: that I will fairly and impartially review the assessment of all property as made; that I will correct any and all assessments which should be corrected: that I will raise said assessment or lower the same as justice may require; that I will do and perform all acts necessary to procure a full, fair and impartial assessment of all j)roperty qf every kind, nature and description.
§ 34. The board of review shall meet on or before the second Mond-ay in July in each year for the purpose of revising the assess- ment of property. At such meeting the board of review, upon appli- cation of any taxpayer or upon their own motion, may revise the entire assessment or an)^ part thereof of anj^ taxpayer, and correct the same as shall appear to them to be just, but in none of the cases provided for in this act shall the assessment of the property of any person be increased unless such person or his agent, if either be resident or has a jDlace of business in the county, shall first have been notified in writing and been given an opportunity to be heard. Such meeting may be adjourned from day to day as may be necessary.
§ 35. The board o: review shall:
First — Assess all property subject to assessment which shall not have been assessed by the assessors. The Ijoard of review may make such alterations in the description of real or personal property as it shall deem necessary.
Second — On complaint in writing of any person or corporation that his or its property has been assessed too high, they shall review
48 ' - REVENUE.
the assessment and correct the same, as shall appear to be just: Provided, Such complaint shall have been made on or before the first Monday of August. The board also, upon its own motion, may increase, reduce or otherwise adjust the assessment of any individual or corporation, and shall have full power over the assessment of an}^ individual or corporation, and shall have full power over the assessment and may do anything in regard thereto that the assessors might and could originally have done, but no assessment shall be increased until the person or corporation to be affected shall have been notified and given an opportunity to be heard except as hereinafter provided.
Third — Increase or reduce the entire assessment of either real or personal property, or both, or of any class included therein, if in their opinion the assessment has not been made upon the proper basis, or equalize the assessment of real or personal property by in- creasing or reducing the amount thereof in any township, or any portion of the county, as may, in their opinion, be just, but the as- sessment of any class of property or any portion of the county shall not be increased until the board shall have notified not less than ten of the owners of property in such portion of the county of such proi^osed increase and given them, or any one representing them, or other citizens of said territory, an opportunity to be heard. The board shall hear any person in opxoosition to a proposed reduction in the assessment of any person, corporation or territory.
Fourth — Hear and determine the application of anj^ person who is assessed on property claimed to be exempt from taxation. If the board shall determine that any such propert)^ is not liable to taxa- tion, and the question as to the liability of such property to taxation has not been previously determined as hereinafter provided, the de- cision of said board shall not be final unless approved by the Auditor of Public Accounts: and it shall be the duty of the clerk of the board, in all such cases, under the direction of the board, to make out and forward to the Auditor a full and complete statement of all the facts in the case. If the Auditor is satisfied that such property is not legally liable to taxation, he shall notify the board of review of his approval of its decision, and the board shall correct the assessment accordingly. But if the Auditor is satisfied that such property is liable to taxation, he shall advise the board of his objection to its decision and give notice to said board that he will apply to the supreme court, specifying to what term thereof, for an order to set aside and remove the decision of the board of review. Upon receipt of such notice the clerk shall notify the person making the applica- tion aforesaid. It shall be the duty of the Auditor to then file in the supreme court a certified statement of the facts certified by the clerk as aforesaid, together with his objections thereto, and the court shall hear and determine the matter as the right of the case may be. If the board of review shall decide that property so claimed to be ex- empt is liable to be taxed, and the party aggrieved at the time shall pray an appeal, a brief statement in the case shall be made by the clerk, under the direction of the board and transmitted to the Audi- tor, who shall present the case to the supreme court in like manner
REVENUE. 49
as hereinbefore provided. In either case the collection of the tax shall not be delayed thereby, -but in case the property is decided to be exempt the tax shall be abated and refunded.
§ 36. All notices in this act required to be given shall be written or printed notices and shall be served personally upon the persons entitled to notice, or their agents, or by sending such notice by mail to the person so entitled to notice, or to his agent, if the residence or business address of such person is known, or by reasonable effort can be ascertained. If the address of such person can not be ascertained, then the notice shall be sent to the address of the person who last paid the taxes upon the property in question. A failure to give any notice required by this act shall not impair or affect the validity of any assessment as finally made.
§ 37. Whenever the board of review shall decide to reverse or modify the action of the supervisor of assessments or board of as- sessors, or county assessor, or the assessment in any case, or to change the list as completed, or the assessment or description of any prop- erty in any manner, they shall cause the changes to be made at once and entered upon the assessment books.
§ 38. The board of review shall, on or before the 7th day of Sep- tember annually, complete its work and make or cause to be made the entries in the assessment books required to make the assessment con- form to the changes made therein by the board of review, and shall attach to each of said books an affidavit signed by at least two mem- bers of such board, which affidavit shall be substantially in the fol- lowing form:
STATE OF ILLINOIS, )
,-ss. County of )
We, and each of us, as a member of the board of review of the as- sessment of the county of , in the State of Illinois,
solemnly swear that the books in number
to which this affidavit is attached, contain a full and complete list of all the real and personal property in said county subject to taxation
for the year so far as we have been able to ascertain the
same, and that the assessed value set down in the proper column op- posite the several kinds and descriptions of property is, in our opinion, a just and equal assessment of such property for purposes of taxa- tion according to law, and that the footings of the several columns in said book are correct, as we verily believe.
Dated
Provided, That, in counties containing one hundred and twenty-five thousand or more inhabitants the board of review shall also meet from time to time and whenever necessary to consider and act upon complaints and to further revise the assessment of real property as may be just and necessary. '
50 REVENUE.
§ :i9. The board of assessors arul tlx' l)oar(ls of review shall make and publish reasonable and proper rules for the guidance of persons doing business with such board and for the orderly dispatch of lousi- ness.
§ 40. A failure to complete an assessment in the time required by law shall not vitiate such assessment, but the same shall l)e as legal and valid as if completed in the time required by law.
§ 41. The township supervisors, -townshii^ assessors and township clerks who have heretofore acted as the town boards of review in their respective townships and the county boards shall not hereafter have the power as such board of review to assess, equalize, review or revise the; assessment of property. The boards of review herein pro- vided f(;r shall meet as soon after the takiiig effect of this act as shall be practicable, not later than the second Monday of July, and shall thereupon at once enter upon the discharge of their duties.
§ 42. It shall be lawful for the board of review to summon any assessor or any deputy or othe.r pernon to appear before them respect- ively to be in(|uire(l of under oath with respect to the method Vjy which h(} or tlu^y has or have ascertained and fixed any valuation or valuations returned by him or them, and as to the correctness of any such valuation or valuations, and to administer and examine under oath the assessor or other person so summoned before them, and any assessor or person so summon.ed who shall fail, without good cause, to appear, or appearing shall refuse to submit to such inquiry or answer such questions as may be propounded to him by said board, or any member thereof, or any attorney representing them, shall be guilty of a misdemeanor, and on conviction thc^reof shall be fined in any sum not exceeding five hundred dollars.
§ 4.'}. When the books are so completed the board of review shall deliver one set of the dux^licate books containing the assessment of real propc^rty and the set of books containing the assessment of personal property to the county clerk, who shall file the same in his office; and return the other set of duplicate books containing the as- sessment of real i^roperty to the county assessor, supervisor of assc^ssments, or board of assessors, as the case may be, and the books returned to the county assessor, or supervisor of assessments, or 5oard of assessors, shall remain in his or their office and be open to the inspection of all persons. The assessment so completed by the board of review, and as equalized by the State Board of Equaliza- tion, as providc^l by law, shall be the assessment upon which the taxes for that year shall be ext(Mided by the co\inty clerk.
§ 44. Any assessor, or deputy assessor, or member of the board of review of assessments, or Board of Equalization, or other jjerson whose duty it is to assess property for taxation or equalize any such ass(^ssment, who shall refuse or wilfully neglect any duty required of him Ijy law, or who shall consent to or connive at any evasion of the provisions of this act wht^reby any property required to be assessed shall be unlawfully exempt in whole or in joart, or the valuation thereof be s(4 down at more or less than is recpiired by law, shall.
REVENUE. 51
upon conviction, be fined for each offense not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or im- prisoned in the county jail not exceeding one year, or both impris- oned and fined at the discretion of the court; he shall also be liable upon his bond to the iDarty injured for all damage sustained by such party as above provided, and shall also be removed from office by the judge of the court before whom he is tried and convicted.
§ 45. Whoever, with intent to defeat or evade the law in relation to the assessment of property delivers or discloses to any assessor or deputy assessor a false or fraudulent list, return or schedule of his property not exempted by law from taxation, shall be punished by fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one year, or both in the discretion of the court.
§ 16. It is hereby made the duty of the State's Attorney of each county to prosecute all violators of this act. and they shall receive as fees the sum of twenty dollars ($20) for each conviction, to be taxed as costs, and ten per cent, of all fines collected. The residue of all fines collected under this act shall be paid into the county treasury for the use of the county. The salary of the county assessor, super- visor of assessments and members of the board of assessors and board of review shall all be paid out of the county treasury on bills duly certified and approved by the county board.
§ 47. The county clerk shall annually, on or before the tenth day of Septeml>er. make out and transmit to the Auditor the abstract of the assessment of j)roperty required of the county clerk in section ninety-eight (98) of the act entitled, '*An act for the assessment of property and for the levy and collection of taxes." approved March So, 1872, as amended.
§ 48. The county collector shall annually make out in duplicate the statement required by law, setting forth in detail the names of persons charged with personal property tax which is uncollected, and the reasons preventing such collection; and shall, also, at the same time,- make out in duplicate a statement setting forth in detail the amount of taxes on real property which is uncollected, the names of the persons in whose name such property was listed, and the reasons preventing the collection of such taxes. He shall, also, at the same time, make out in duplicate a statement of all taxes collected during the year which had been returned as delinquent in any previous year, together with a description of the property upon which such taxes were levied. Heshallfileoneof each of such duplicate statements with the county clerk, and in counties of this State containing 125,000 or more inha-bitants such collector shall file one of each of such dupli- cate statements with the county clerk and the other with the city comptroller if there shall be any such officer in any of the cities within such counties.
§ 49. The count}^ clerk shall estimate and determine the rate per cent, upon the proper valuation of the property in the respective towns, townships, districts and incorporated cities, towns and villages
52 REVENUE.
in their counties that will produce, within the proper divisions of such counties, not less than the net amount of the several sums that shall be required by the county board or certified to them according to law.
In counties containina; one hundred and twenty-five thousand (125,- 000) or more inhabitants the amount to which any county, city, township, school district or other municipal corporation shall be allowed to be- come indebted in any manner, or for any purpose, shall not hereafter exceed two and one-half per cent, on the assessed value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. In any municipality or taxing district iu any county or counties con- taining a population of 125,000 or more inhabitants in which the ag- gregate of the levies or taxes certified to the county clerk exceeds five per cent, a reduction shall be made by the county clerk in the taxes so certified so as to reduce the aggregate of such taxes to five per cent, in the manner following, viz. :
The rate of county taxes throughout the county shall be fixed by reducing the aggregate rate of taxation in the municipality or taxing district within the county in, which such aggregate rate is the highest to five per cent, by a pro rata reduction of all the levies certified therein, exclusive of the State taxes. The rate of each of the other kinds of tax levies shall be fixed in the same manner, taking the highest rate of taxation in any part of the municipality or other taxing district, or part thereof, as the basis of ascertaining the rate of taxation to be levied by such municipality or taxing district, and making the rate of taxation within the limits thereof uniform, and reducing the ag- gregate rate of taxation in each district in which it exceeds five per cent, to five per cent.
In ascertaining the aggregate rate of taxation, and reducing the same under the foregoing provision, taxes certified or levied for school building purposes shall not be included or taken into account in any manner, or for any purpose. The limitations herein contained shall apply only to assessments of property made under the provisions of this act.
§ 50. The State Board of Equalization shall hereafter assemble annually on the first Tuesday after the tenth daj^ of September.
§ 51. The State Board of Equalization may so lower or raise the total assessed value of property in any county as returned by the county clerk as shall make the property in such county bear a just relation to the assessed value of property in other counties of the State- Provided, That the total amount of such decrease or increase shall not exceed ten (10) per cent, of the total assessed value of all property in the State as returned for purposes of taxation.
§ 52. The county clerk shall hereafter deliver to the town, district or county collectors the books for the collection of taxes on the tenth day of January following the year on which such taxes are levied, in- stead of the twentieth day of December of such year, as heretofore provided by law.
EEVENUE. 53
§ 58. All lists, schedules, returns and statements heretofore re- quired by law to be made between the first day of May and the first day of July by the assessors, or by the owner of property, or person required to list the same, shall hereafter be made between the first day of April and the first day of June of each year.
The owner of personal property removing from one county, town, city, village or district to another between the first day of April and the first day of June shall be assessed in either in which he is first called upon by the assessor. The owner of personal property moving into this State from another state between the first day of April and the first day of June shall list the property owned by him on the first day of April in such year in the county, town, city, village or district in which he resides: Provided, If such person has been and can make it appear to the assessor that he is held for tax of the current year on the property in another state, county, town, city, village or district shall not be again assessed for said year.
All dates and times for the doing or performing of any act or thing which prior to the taking effect of this act were fixed by law with reference to the assessment of taxes between the first day of May and the first day of July, or the State Board of Equalization meeting, on the second Tuesday of August, or the collector's warrants being re- turned to the collectors on the 20th day of December, are respectively changed so that such acts or things shall be done or performed in the manner required by law with reference to the respective dates fixed by this act for the assessment of taxes, meeting of the State Board of Equalization, or the delivery of the collector's warrants to the col- lector.
Taxes upon real property, with penalties, interest and costs that shall accrue thereon, shall be a prior and first lien on such real prop- erty from and including the first day of April in the year in which the taxes are levied instead of the first day of May as heretofore, with all the rights and incidents relating to such lien which now are or hereafter may be provided bylaw: Provided, Nothing in this section contained shall change or afPect any rights or liabilities under any contract entered into before the taking effect of this act.
The abstracts which the Auditor prior to the taking effect of this act was required by law to obtain on the first day of May from the United States land office in this State of lands entered and located, and from the Illinois Central railroad and canal offices of lands sold, shall hereafter be obtained by him on the first day of April in each year, or as soon thereafter as practicable, and the annual reports heretofore required by law to be made by the county clerk to the auditor of swamp and overflowed lands sold for the year ending on the first day of May shall hereafter be made for the year ending on the first day of April.
§ 54. The board of assessors shall perform the duties and have the powers in relation to the assessment of property imposed upon or possessed by county or township assessors by law, and where the term assessor is used in this act it shall apply to such board of
54 ' SCHOOLS.
assessors and the members thereof, except in so far and in such cases as it is inconsistent with special provisions of tliis act in re- gard to the board of assessors and the members thereof, and the members of such board of assessors shall be subject to all the liabilities and jpenalties imposed upon assessors by this act.
§ 55. All the provisions of the general revenue law in force prior to the taking effect of this act shall remain in force and be appli- cable to the assessment of propertj^ and collection of taxes except in so far as b}^ this act is otherwise expressly provided.
§ 56. Wherever, in this act, the board of assessors or the board of review is authorized to act, such action may be taken by a ma- jority of said respective boards.
§ 57. In counties of one hundred and twenty-tive thousand in- habitants or over the township assessors shall not have the power or duty of assessing property, except as otherwise provided in this act, but shall perform all other duties imx30sed upon them by law.
§ 58. In case any county not now coming under the provisions of this act shall hereafter contain within its limits one hundred and twenty-five thousand or more inhabitants, as determined by the last school or federal census, such county shall at once come under the provisions of this act relating to counties of such population, and at the regular county election ensuing next after such contingency occurs, a board of five assessors and a board of review shall be elected, and all the provisions of this act shall then immediately appl}^ to such county.
§ 59. An act entitled "An act to provide for the election of assessors in townships containing not less than forty thousand inhabitants in counties under township organization and fixing the compensation of such assessors," approved June 19, 1893, and in force July 1, 1893, and as amended, be, and the same is hereby repealed.
Approved Februarv 25, 1898.
SCHOOLS.
REVENUE AND TAXATION.
? 1. Section 202, Act 188!i aiueuded. I i 202. Tax rate for orclinjirs' and buildina:
pui'poses: limitation.
An Act to (imeml an act entitled ''An act to e.^tabJisJi and maintain a system of free scJiools,'' approved and. in force Majj 21, 1889.
Section 1. Be it enacted by tlie People of the State of Illinois, represented in tJie General Assembly, That section 202 of an act entitled "An act to establish and maintain a system of free public
SCHOOLS. OO
schools, approved and in force May 21, 1889," be amended to read as follows:
§ 202. For the purpose of establishing and supporting free schools for not less than five nor more than nine months in each year, and defraying all the expenses of the same of every descrip- tion; for the purpose of repairing and improving school houses, of procuring furniture, fuel, libraries and apparatus, and for all other necessary incidental expenses in each district, village or city, any- thing in any special charter to the contrary notwithstanding, the directors of such district and the authorities of such village or city shall be authorized to levy a tax annually upon all the taxable prop- erty of the district, village or city not to exceed two per cent, for educational and three per cent, for building purposes, except to pay indebtedness contracted previous to the passage of this act, the valua- tion to be ascertained by the last assessment for State and county taxes: Provided, That the proper authorities in cities of over one hundred thousand inhabitants shall be authorized to levy a tax an- nually upon all taxable property of such city of not to exceed two and one-half per cent, for educational and two and one-half per cent, for building purposes, the valuation to be ascertained as hereinl)efore provided.
Approved February 24, 1898.
56 JOINT RESOLUTIONS.
JOINT RESOLUTIONS.
Adjournment from December 24, 1897, to January 4, 1898.
Resolved by the Senate, the House of Representatives concurring therein: That when the two Houses adjourn on Friday, December 24, 1897, that they stand adjourned until Tuesday, January 4, 1898, at 10 o'clock a. m.
Adopted by the Senate December 23, 1897.
Concurred in by the House of Representatives December 23, 1897.
Adjournment sine die.
Resolced by the House of Re}y>-esentatives, the Senate concurring therein: That when the House and Senate adjourn on Thursday, February 24, 1898, they stand adjourned without date.
Adopted by the House of Representatives February 24, 1898.
Concurred in by the Senate February 24, 1898.
Concerning Battleship Maine.
Whereas, The Governor has sent to the Senate a message relating t© the calamity which has overtaken the United States battleship Maine and the crew thereon; therefore, be it
Resolned by the Senate, the House of Representatives concurring tJierein: That, we, the Representatives of the People of the State of Illinois, do hereby express our sincere appreciation of the services of the gallant dead of our navy, and extend to the wounded and all persons affected by this sad affair our most sincere and profound sympathy. Be it further
Resolved, That we hereby commend the Governor of this commonwealth for his timely and patriotic message, and he is hereby authorized to tender to the President of the United States all moral and material support that may be necessary in this emergency to maintain the proper dignity of our republic and the honor of the American flag.
Adopted bv the Senate February 17, 1898.
Concurred in by the House February 17, 1898. ,
JOINT RESOLUTIONS.
Concerning Hospital for Insane, Bartonville.
Whereas, The Fortieth Greneral Assembly in regular session made an ap- propriation of $247,750 for the construction, completion and maintenance of a hospital for the insane at Bartonville, Peoria county, Illinois; and
Whereas, It has been ascertained that said building was being constructed upon an insufiieient foundation and that it would be detrimental to the inter- ests of the State to complete said building upon the site where it is now lo- cated; and
Whereas, The appi-opriation bj' the said Geneaial Assembly provides for the completion of said building upon its present site; and
Whereas, It is necessary for the comfort and care of a large number of insane persons now in the several almshouses of Illinois that said building be completed at the earliest possible moment for the relief of such persons: and
Whereas, The Governor of Illinois has made a careful examination of said structure and all the facts and circumstances surrounding the same, and did, on the 4th day of January, 1898, send a special message to the General As- sembly calling attention to the condition of said institution and the need of its immediate completion, and making a request in reference to the appro- priation aforesaid; therefore, be it
Resolved by the Senate, the House of Bepresentatices concurring : That it is the sense of the General Assembly that said institution should at once be com- pleted, and that said appropriation as made should be used for that purpose on such a site as maj^ be selected by the board of trustees of such institution upon the land at Bartonville now owned by the State of Illinois; be it further
Resolved, That we concur in the recommendations of the Governor in said special message and accede to his request thei'ein; be it further
Resolved, That the Governor is hereby authorized and requested to imme- diately proceed to the reconstruction of said building and its completion at the earliest possible moment, and that he use the appropriation made by this General Assembly, at its regular session, for said purpose.
Adopted by the Senate January 5, 1898.
Concurred in by the House February 2, 1898.
Disfranchisement op Voters in Southern States.
Whereas, A systematic effort has been and is being made in various south- ern states to disfran«hise thousands of colored voters, and to deprive them of those sacred rights and privileges which were and are pledged to them by the thirteenth (13) and fourteenth (14) amendments of the constitution of the United States; therefore, be it
Resolved, by the House of Representatives, the Senate concurring therein: That our United States Senators in Congress be, and they are hereby, requested to do all in their power to secure such national legislation as may be necessary to insure to the colored voters of said southern states all those rights and privi- leges guaranteed by the United States constitution; and we urge upon our Eepresentatives the great impoi'tance of maintaining inviolate all those rights conferred upon citizens of the United States, irrespective of race, color or previous condition; and we plead for equal justice to all citizens of this nation in the administration of the law the fair, free and full exercise of the right to vote at any and all local, state and national elections, and the entire enjoyments without let or hindrance, of life and liberty.
Adopted bv the House of Representatives February 24, 1898.
Concurred in by the Senate February 24, 1898.
58 JOINT RESOLUTIONS.
Endorsing Charles Page Bryan.
Whereas, The President having appointed Charles Page Bryan as Minis- ter to China,
Besolvedby the Senate, the Hoiise of Be^resentatives concurring therein: That, recognizing his high character, steiiing integrity and special fitness for diplo- matic service, we do hereby heartily endoi'se his selection.
Adopted by the Senate December 21, 1897.
Concurred in by the House of Representatives December 21, 1897.
Hawaiian Islands.
Whereas, On June 15, 1897, the President of the United States caused an annexation treaty to be negotiated with the Republic of Hawaii, which was, on the 16th day of June, 1897, transmitted to the Senate of the United States for confirmation; and
Whereas, There are material advantages incidental to the possession and control of the Hawaiian Islands because of the recognized strategic value of their geographical position, and their commercial impoi-tance; and
Whereas, Hawaiian civilization, commerce, education, material and social development are the direct result of American effort, making annexation de- sired on the part of both the peoples of the United States and the Hawaiian Republic; therefore be it
JResolved, By the House of Bepresentatives of the Fortieth General Assembly, the Senate concurring therein: That we heartily commend the position taken by the Senators from this State in favor of annexation, and request their con- tinued exertion in this direction; and, should tlie matter be presented to Con- gress in the form of legislation, we i-equest the cooperation of the members from this State in the lower House of Congress; and
Besolved, That this preamble and resolution be printed, and that the Clerk of the House directed to forward copies to the Senators and Representatives in Congress from this State.
Adopted by the House of Representatives February 3, 1898.
Concurred in by the Senate February 9, 1898.
Law Students.
Whereas, By a recent ruling of the Supreme Court of this State, law' students attending law colleges of the State, or otherwise studying law, have been deprived of the privilege of applying for a license to practice law unless they have read laAv for a period of three years; and
Whereas, At the time of the matriculation of the aforesaid students in the aforesaid law colleges they were studying law under the then existing rule of the Supreme Court, and had made preparations, some of them at a great expense to them-elves and families, to graduate at the expiration of a two- years' course; and
Whereas, The entering of the present rule works in the nature of an ex post facto or retroactive law ; and
Whereas, The rule now existing is deemed an excellent one, and well cal- culated to promote the science and the study of the law, nevertheless works as to the students studying before the entering of the present rule a great hardship; be it therefore
Besolved by the House of Bepresentatives of the Fortieth General Assembly, the Senate concurring therein: That it is the sense of this Assembly that the Supreme Court should so modify Rule 39 that said rule should not apply to
JOINT RESOLUTIONS.
any student who entered upon his studies in a law office or matriculated in a duly organized class in a law school in conformity to then existing laws and rules prior to the promulgation of said rule.
Adopted by the House January 25, 1898.
Concurred in by the Senate February 1, 1898.
Levees in Mississippi Valley.
Whereas, The unprecedented and long continued season of high water which has recently prevailed in the Mississippi river has caused the overflow of vast areas of country in the Mississippi valley, producing much suffering and loss of property, especially among the poorer classes of people; and
Whereas, We recognize that the levees have been the only protection in the past, and are necessary for the protection of life and property in the Mississippi valley in the future; and
Whereas, It is necessary that the present levees be heightened and be made Avider to give them sufficient strength to prevent breakage in extreme high floods; be it
Hesolred Inj the Senate of the State of Illinois, the House of JRej^resentatives concurring therein: That our Senators and Eepresentativesin Congress be re- quested to use their efforts and influence to secure favorable action in Con- gress providing for the construction and improvement of the levee system to the Mississipi^i valley.
Adopted by the Senate May 26, 1897.
Concurred in by the House of Eepresentatives June 4, 1897.
[Note— The foregoing resolution, passed at the regular session of the 40th General Assembly, was not filed with the Secretary of State in time to be printed with the Session Laws passed at the said regular session.]
Lincoln Monumext in Washington.
Whereas, The Hon. William Lorimer has introduced a bill in Congress appropriating $500,000 for the purpose of erecting a monument in Washington City to the memory of one who was once an honored citizen of our State, who was not only great in peace but great in war, who led this nation through four years of strife, who struck the shackles from four million enslaved human beings, who gave his life that "a nation of the people, by the people and for the people might not perish from the earth," the martyred President, Abraham Lincoln; and
Whereas, It is meet and proper that such a monument should be erected at the capital of our country that the world may see and know that we love, honor and revere his memory, because he first loved and honored this nation; and
Whereas, Illinois should be the first State to express approval of said bill; therefore, be it
Resolved by tJte Senate, the Hottsc concurring therein: That we extend to the Hon. William Lorimer our sincere thanks for his patriotic action in intro- ducing said bill; and we respectfully request and urge our Senators and Eep- resentatis'esin Congress to work and vote to secure the early passage of said bill.
Resolved, That the Secretary of the Senate is hereby instructed to send a certified copy of these resolutions to each of the Senators and members of Congress from this State.
Adopted by the Senate February 10, 1898.
Conctirred in by the House February 24, 1898.
■60 JOINT RESOLUTIONS.
National Military Park.
Whereas, Fifty-four regiments of Illinois infantry, eleven regiments of Illi- nois cavalry and thirteen batteries of Illinois artillery participated in the cam- paign and siege of Vicksburg; and
Whereas, No other operation of the war of the rebellion assembled under one command so great a number of Illinois soldiers; and
Whereas, Illinois was preeminent in the campaign and siege of Vicksburg, in that she furnished the commander of the Union forces there engaged, many gallant and distinguished subordinate commanders and a greater number of troops than any other state; and
Whereas, The establishment of a National Military Park at Vicksburg will be an enduring memorial to the patriotism and valor of Illinois soldiers and an appropriate monument to the great Illinois commander whose genius planned the A^icksburg campaign and brilliantly carried it to a successful issue; therefore
Resolved, by the Hoiise of Bepresentatives, the Senate concurring therein: That the General Assembly of the State of Illinois again endorses the bill to estab- lish a National Military Park to eommemorate the campaign, siege and defense of Vicksburg, respectfully petitions that it be passed during the present ses- sion of Congress, and requests the Senators and members of the House of Representatives in Congress from Illinois to labor earnestly to secure its passage.
Hesolvecl, That the Secretary of State be and is hereby instructed to send a copy of this resolution to the Senators and members of the House of Repre- sentatives in Congress from Illinois; to William McKinley, President of the United States; to Thomas B. Reed, speaker of the House of Representatives; to Joseph R. Hawley, chairman of the Senate committee on military affairs, and to John A. T. Hull, chairman of the House committee on military aflPairs.
Adopted by the House of Representatives February 16, 1898.
Concurred in by the Senate February 23, 1898.
Postal Savings Banks.
Eesoloed bij the House of Representatives of the State of Illinois, the Senate concurring therein : That our Senators and Representatives in the Congress of the United States be and they are hereby requested and urged to use every effort for the enactment into law of the postal savings bank bill, recom- mended by Pi'esident McKinley and endorsed by the people throughout the country, now pending before Congress.
Adopted by the House of Representatives February 2, 1898.
Concurred in by the Senate February 10, 1898.
Urging Appropriation for Corn Exhibitions.
Whereas, There are great accumulations of corn in the granai'ies of this country, with correspondingly low prices; any increase of the market for this product of the farm would tend toward better prices, and would directly benefit the farmers of the great corn growing states, of which Illinois is one; and
Whereas, Success in almost all lines of business is largely dependent upon a prosperous agriculture; and
Whereas, It is proposed that corn expositions shall be held in some of the principal cities of this and foreign countries, where all the products of corn shall be exhibited, and where free schools will be held for the instruction in
JOINT RESOLUTIONS. 61
the domestic use of corn as food, and efforts made whereby the market for corn and its products shall be extended in this and foreig'n countries; there- fore, be it
Resolved bi/ the Senate, the House of Representatives concurring therein: That we coi'dially favor and endorse the movement for such corn expositions, and join in the request to Congress to take favorable action upon this im- portant subject, either by direct appropriation, or by setting aside for this purpose the sum of $100,000 now annually expended in seed distribution.
Adopted by the Senate December 138, 1897.
Concurred in by the House January 4, 1898.
62
CERTIFICATE.
UNITED STATES OF AMERICA, i ., State of Illinois, i'*^"'
Office of the Secretary of State.
I, James A. Rose, Secretary of State of the State of Illinois, do hereby cer- tify that the foregoing: Acts aad Joint Resolutions of the Foi'tieth G-eneral Assembly of the State of Illinois, passed and adopted at the Extra Session thereof, are true and correct copies of the original acts and joint resoluious, now on file in the office of the Secretary of State, save and except such words, letters and figures as are printed in brackets, thus: [ ].
In Witness Whereof-, I hereunto set my hand and affix tlie [seal] Great Seal of State. Done at the Capitol, in the city of
Springfield, this 9th day of March, A. D. 1898.
'€^-^LJU^
Secretary of State.
INDEX.
63
INDEX TO LAWS.
Page
ABSTRACTS:
To be obtained by Auditor by April 1st 5;
APPORTIONMENT:
Senatorial I
APPROPRIATIONS :
Attorney General 6
Charitable Institutions—
Soldiers' and Sailors' Home 9 i
General Assembly—
Employes 7,8
Extra printing- and binding 8
Incidental expenses 9
Members and officers 7
ASSESSMENT:
Act for, of property.
34
ASSESSORS:
Act of 1898, relating to. repealed 54
Board of. created , 37
County treasurers to be ej\ officio 36
ATTORNEY GENERAL:
Appropriation tJ
AUDITOR:
To obtain abstracts by April 1st 53
BOARD OF REVIEW:
Created
Duties
46
BOARDS, STATE:
Et(ualization, date of annual meeting 52
CANDIDATES, NOMINATION OF:
Amends section 3, Act 1891 10
CHARITABLE INSTITUTIONS: Appropriation— Soldiers' and Sailors' Home
COUNTY TREASURER:
-£'.'• officio assessor
-Ex officio supervisor of assessments.
ELECTIONS:
Nomination of candidates. Act 1891 amended 10
Page. ELECTIONS-C'oHc?(((?(;(?.
Primary—
Regulating 11
EXPENSES, INCIDENTAL:
Appropriation 9
GENERAL ASSEMBLY: Appropriations—
Employes 7,8
Extra printing and binding 8
Incidental expenses 9
Members and officers 7
INHERITANCE TAX CASES:
Appropriation 6
PRIMARY ELECTIONS:
Regulating u
PRINTING:
Appropriation for extra ^i
REVENUE:
Act for asses.smeut of property 34
Anntial tax levy for school purposes. 54
SCHOOLS:
Act 1889. relating to annual tax levy.
amended 54
Taxes levied for school buildings 52
SENATORIAL:
, Districts.^ 3
SOLDIERS' AND SAILORS' HOME:' Appropriation 9
STATE BOARD OF EQUALIZATION: Date of annual meeting 52
STATE'S ATTORNEYS:
To punish violators of "Assessment Act 51
SUPERVISOR OF ASSESSMENTS:
County treasurer shall be e.r officio ... 36
TREASURER, COUNTY.
Ex officio assessor 36
JiJx officio supervisor of assessments. 36
INDEX TO JOINT EESOLUTIONS.
Page.
Adjournment from December 24 to Janu- ary 4, 1898 56
Adjournment sine die 56
Battleship Maine 56
Bryan, Charles Page 58
Corn exhibitions 60
Disfranchisement of voters 57
Page .
Hawaiian Islands 58
Hospital for Insane. B^-.rtonville 57
Law students 58
Levees in Mississippi V^ alley 59
Lincoln monument in Washington 59
NatiouHl Military Park CO
Postal savings banks 60
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