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OF 

S  LIBRARY 
4iMA-CHAMPAIGN 
ILL  HIST.  SURVEY 


The  gift  &¥  James'  R^ 
and  Helen-  £ .  Davie's  in 
memory  of  Attorney  ai 
Mrs.  Joseph  L.  Shaj 


University  of  Illinois 
at  Urbana-Champaign 

J,'~' 


Sfatthbonks  of  Ammran 


EDITED    BY 

Hatart  nee  IB.  Enatw,  ^Jj.S. 

PROFESSOR    OF   HISTORY   IN   TUFTS   COLLEGE 


The   Government  of   Illinois 


HANDBOOKS  OF  AMERICAN  GOVERNMENT 


The 


Government    of    Illinois 


Its  History  and  Administration 


BY 


EVARTS   BOUTELL  GREENE 

PROFESSOR  OF  HISTORY  IN  THii 
UNIVERSITY  OF  ILLINOIS 


SECOND  EDITION 


gorfc 

THE  MACMILLAN  COMPANY 

LONDON:    MACMILLAN  &  CO.,  LTD. 
1904 

All  Rights  Rtstrved 


COPYRIGHT,  igoc 
By   THE   MACMILLAN  COMPANY 


Set  up  and  Electrotyped.     Published  October.  1904 
Reprinted  September,  igoj 


THE  MASON  PRESS 
Syracuse,  New  York,  U.S.A. 


••   ' 


To 

JEREMIAH  EVARTS  GREENE 

IN  GRATEFUL  RECOGNITION 
OF  THE  EXAMPLE  WHICH  HE  GAVE 

OF  LOYAL  SERVICE 
TO  THE  COMMONWEALTH 


PREFACE 

This  volume  is  one  of  a  series  of  handbooks  dealing 
with  the  constitutional  development  and  present  gov- 
ernment of  particular  states  of  the  American  Union. 
It  conforms,  therefore,  in  its  main  outlines  to  the  gen- 
eral plan  of  the  series.  As  a  text-book  on  American 
government,  it  assumes  a  complementary  volume  on 
the  Federal  system,  which  is  here  only  incidentally 
considered. 

In  the  first  part,  dealing  with  the  history  of  the 
state,  the  emphasis  is  laid  upon  constitutional  and  po- 
litical development,  but  the  effort  has  been  made  to 
treat  that  development  broadly  in  its  natural  relation 
to  economic  and  social  experience.  This  section, 
though  necessarily  brief,  may  perhaps  serve  as  a  con- 
venient guide  for  more  extended  study  based  upon  the 
references  for  collateral  reading.  The  history  of  Illi- 
nois is  full  of  interest,  not  only  for  its  own  citizens,  but 
for  all  Americans  who  wish  to  understand  the  sectional 
forces  at  work  in  our  national  development.  The  sec- 
ond part  is  a  study  of  the  constitutional  mechanism 
and  of  the  financial  system  by  which  it  is  kept  in  opera- 
tion. The  last  group  of  chapters  describes  the  public 
services  which  the  state  performs  and  for  which  its 
complex  mechanism  was  created.  . 

This  little  book  is  not  designed  to  meet  the  require- 
ments of  the  specialist.  It  is  hoped,  however,  that  it 
may  prove  useful  to  the  general  reader  and  especially  to 
young  people  beginning  a  serious  study  of  American 


viii  Preface 

government  as  illustrated  in  their  own  State.  In  deal- 
ing with  so  broad  a  field,  there  is  ample  room  for  mis- 
conceptions of  every  kind,  but  so  far  as  possible,  the 
author  has  sought  to  go  beyond  the  formal  terms  of 
constitution  and  statute  and  to  make  clear  the  real 
working  of  institutions.  For  such  measure  of  success 
as  may  have  been  achieved  in  this  respect,  the  author 
is  largely  indebted  to  some  of  his  colleagues,  who  have 
given  him  the  benefit  of  their  expert  judgment  by  read- 
ing certain  parts  of  the  manuscript.  Special  acknowl- 
edgments for  such  service  are  due  to  Mr.  William  L. 
Pillsbury,  Registrar  of  the  University  of  Illinois,  Pro- 
fessor James  B.  Scott  of  the  Columbia  University  Law 
School,  and  Professor  M.  B.  Hammond  of  the  Univer- 
sity of  Ohio. 

For  the  guidance  of  teachers  and  students,  reference 
lists  have  been  given  at  the  beginning  of  each  chapter. 
It  is  needless  to  say  that  these  lists  make  no  pretensions 
to  completeness ;  and  there  will  doubtless  be  differences 
of  opinion  as  to  certain  selections.  In  addition  to 
books  dealing  specifically  with  Illinois,  a  few  general 
works  have  been  listed  which  may  suggest  to  the 
teacher  some  applications  of  the  historical  and  compara- 
tive method  which  were  not  possible  within  the  neces- 
sary limits  of  this  volume.  The  following  books  will 
be  found  serviceable  for  general  reference  on  the  his- 
tory and  government  of  Illinois : 

1.  Moses,  Illinois  Historical  and  Statistical,  2  vols., 
Fergus  Printing  Company,  Chicago,  1889-1892   (2nd 
ed.  1895). 

2.  Hurd,  Revised  Statutes,  The  Legal  News  Com- 
pany, Chicago,  1903.     This  has  been  issued  at  inter- 
vals of  two  years  by  the  Editor  of  the  last  official 
revision  (1874). 


Preface  ix 

3.  Starr  and  Curtis,  Annotated  Statutes  of  the  State 
of  Illinois,  3  vols.,  Chicago,  1896.     Useful  as  a  guide 
to  the  decisions  of  the  courts  on  disputed  points  of 
law. 

4.  Blue  Book  of  the  State  of  Illinois,  Springfield, 
The  Secretary  of  State,  1903,  and  other  years.     A  reg- 
ister of  state  officials  and  a  convenient  manual  of  refer- 
ence regarding  the  state  and  its  government. 

These  special  books  on  Illinois  should  of  course  be 
supplemented  by  general  works  on  American  govern- 
ment, such  as  Bryce,  American  Commonwealth,  pub- 
lished in  various  editions  (Macmillan)  ;  and  Hart, 
Actual  Governments  Applied  Under  American  Condi- 
tions, Revised  edition,  New  York,  Longman's,  1904. 
The  latter  contains  elaborate  bibliographies. 

In  conclusion,  the  author  wishes  to  acknowledge  his 
indebtedness  for  many  useful  suggestions  received 
from  the  writers  of  previous  volumes  in  this  series  and 
especially  from  the  editor,  Professor  Lawrence  B. 
Evans  of  Tufts  College. 

EVARTS  B.  GREENE. 

University  of  Illinois,  September,  1904. 


CONTENTS 


PART  FIRST 

THE  HISTORY  OF  ILLINOIS 

CHAPTER  I 
THE  ILLINOIS  COUNTRY  AND  ITS  PEOPLE — 1673-1818 

§  I.  References.  §  2.  The  Physiography  of  Illinois. 
§3.  The  Indians  of  Illinois.  §  4.  The  French  in  Illi- 
nois, 1673-1765.  §  5.  British  Dominion  and  Its  Over- 
throw, 1765-1783.  §  6.  The  Northwest  Territory,  1784- 
1800.  §  7.  Illinois  in  the  Indiana  Territory,  1800-1809. 
§  8.  The  Illinois  Territory,  1809-1818  ....  I 

CHAPTER  II 
THE  OLD  FRONTIER  STATE — 1818-1848 

§  9.  References.  §  10.  The  Organization  of  the  State. 
§  ii.  Frontier  Conditions.  §  12.  Progress,  1818-1848. 
§  13.  Problems  of  Government,  1818-1847.  §  14.  Early 
Politics  of  the  State.  §  15.  The  Convention  of  1847 
and  the  New  Constitution 21 

CHAPTER  III 
THE  NEW  INDUSTRIAL  STATE — 1848-1901 

§  16.  References.  §  17.  Sectional  Controversies  in  State 
and  National  Politics,  1848-1870.  §  18.  Economic  De- 
velopment, 1848-1870.  §  19.  The  Constitution  of  1870. 
§  20.  The  People  and  Their  Government,  1870-1901  .  42 


Contents  xi 

PART  SECOND 
THE  MACHINERY  OF  STATE  GOVERNMENT 

CHAPTER  IV 
UNDERLYING  PRINCIPLES  OF  STATE  GOVERNMENT 

§  21.  References.  §  22.  The  Field  of  State  Government. 
§  23.  The  State  Constitution.  §  24.  The  Distribution 
of  Powers.  §  25.  Reserved  Rights  of  the  People  .  56 

CHAPTER  V 

ELECTIONS 

§  26.  References.  §  27.  The  Suffrage.  §  28.  The  Con- 
duct of  Elections.  §  29.  The  Counting  of  Votes. 
§30.  Nominations ...'  .  64 

CHAPTER  VI 
THE  CENTRAL  GOVERNMENT 

§  31.  References.  §  32.  The  Organization  of  the  Legis- 
lature. §  33.  The  Making  of  Laws.  §  34.  The  Execu- 
tive Power.  §  35.  The  Judiciary 76 

CHAPTER  VII 

THE  LOCAL  GOVERNMENTS 

§  36.  References.  §  37.  County  Government.  §  38. 
Town  Government.  §  39.  Municipal  Governments. 
§  40.  Minor  Local  Governments 95 


§  41.  References.  §  42.  The  Government  of  Cook 
County.  §  43.  The  Government  of  Chicago.  §  44. 
Minor  Local  Governments  108 


xii  Contents 

CHAPTER  IX 
THE  FINANCES  OF  THE  STATE 

§  45.  References.  §  46.  The  Taxing  Power.  §  47.  The 
General  Property  Tax.  Assessment.  §  48.  Collection 
of  Taxes.  §  49.  Minor  Sources  of  Revenue.  §  50. 
Regulation  of  Expenditure  .  .  .  .  .  .  .  121 

PART  THIRD 
THE  WORK  OF  THE  STATE 

CHAPTER  X 
THE  POLICE  POWER 

§  51.  References.  §  52.  State  Action  and  Self-Help. 
§  53.  The  Police  Power.  §  54.  Protection  of  Health 
and  Morals.  §  55.  The  Enforcement  of  Law  .  .  134 

CHAPTER  XI 
THE  ADMINISTRATION  OF  JUSTICE 

§  56.  References.  §  57.  Law  and  Equity.  §  58.  Pro- 
cedure in  Civil  Cases.  §  59.  Procedure  in  Criminal 
Cases 146 

CHAPTER  XII 
THE  WARDS  OF  THE  STATE 

§  60.  References.  §  61.  Treatment  of  the  Criminal  Class. 
§  62.  Poor  Relief.  §  63.  Care  of  Defectives  .  .  160 

CHAPTER  XIII 

THE  ECONOMIC  SERVICES  OF  THE  STATE 

§  64.  References.  §  65.  State  Regulation  of  Private  En- 
terprise. §  66.  Industrial  Combinations  and  Labor 
Legislation.  §  67.  State  Aid  to  Private  Enterprise. 
§  68.  Public  Ownership 173 


Contents  xiii 

CHAPTER  XIV 
PUBLIC  EDUCATION 

69.  References.  §  70.  Reasons  for  Public  Education. 
§  71.  Growth  of  the  School  System.  §  72.  Principles 
of  the  School  System.  §  73.  The  School  Funds.  §  74. 
Local  School  Administration.  §  75.  State  Educa- 
tional Institutions.  The  State  Superintendent.  §  76. 
Public  Libraries 190 


APPENDIX  A 

CHRONOLOGICAL  TABLES 

77.  Important  Historical  Events.  §  78.  Governors  of 
Illinois,  with  Places  of  Birth,  Dates  of  Accession,  and 
Party  Affiliations 207 

APPENDIX  B 

HISTORICAL  DOCUMENTS 

79.  The  Northwest  Ordinance,  July  13,  1787.  §  80. 
Illinois  Territorial  Organization  Act,  February  3, 
1809.  §  81.  The  Enabling  Act,  April  18,  1818.  §  82. 
Joint  Resolution  for  the  Admission  of  Illinois  into  the 
Union,  December  3,  1818.  §  83.  The  Constitution  of 
Illinois,  1870  (Excerpts) 213 

APPENDIX  C 
POLITICAL  DIVISIONS  OF  THE  STATE 

84.  Counties  in  the  Order  of  Their  Erection.  §  85. 
Senatorial  Districts.  §  86.  Judicial  Districts  and  Cir- 
cuits   254 


xiv  Contents 

APPENDIX  D 

SYNOPTICAL  REVIEW  OF  THE  STATE  GOVERNMENT 

§  87.  The  Central  Government  of  the  State.  §  88.  The 
Local  Governments  of  the  State  outside  of  Cook 
County.  §  89.  The  Local  Governments  of  Cook 
County 259 

APPENDIX  E 

STATISTICAL  TABLES 

§  90.  Population  by  Counties.  §  91.  Cities  of  10,000  or 
More  Inhabitants,  1850-1900.  §  92.  The  Population  of 
Illinois  and  Chicago  Classified  According  to  Nativity. 
§  93.  The  Presidential  Vote  of  Illinois.  §  94.  State 
Finances,  October  i,  1900,  to  September  30,  1902. 
§  95.  Finances  of  the  City  of  Chicago,  1902  .  .  .  274 


PART  I 

THE  HISTORY  OF  ILLINOIS 

CHAPTER  I 
THE  ILLINOIS  COUNTRY  AND  ITS  PEOPLE— 1673-1818 

i.    REFERENCES 

Physiography:  Moses,  Illinois  Historical  and  Statistical,  I. 
ch.  i ;  Leverett,  The  Illinois  Glacial  Lobe,  ch.  i  (U.S.  Geolog- 
ical Survey  Monographs)  ;  Worthen,  Geological  Survey  of  Illi- 
nois, I. ;  Leverett,  "The  Water  Resources  of  Illinois"  ( U.  S. 
Geological  Survey,  i8th  Annual  Report,  Pt.  II.) ;  Palmer, 
Waters  of  Illinois. 

Indians :  Moses,  Illinois  Historical  and  Statistical,  I.  ch.  2 ; 
Beckwith,  The  Illinois  and  Indiana  Indians  (Fergus  Historical 
Series).  See  also  index  and  bibliography  in  Thwaites,  Jesuit 
Relations  and  Allied  Documents. 

The  French  in  Illinois :  Parkman,  Works,  especially  his  La 
Salle  and  the  Discovery  of  the  Great  West;  Winsor,  Cartier  to 
Frontenac  and  The  Mississippi  Basin,  passim ;  Winsor,  Narra- 
tive and  Critical  History  of  America,  IV.  ch.  5;  V.  ch.  i  (im- 
portant for  bibliography)  ;  Shea,  Discovery  and  Exploration  of 
the  Mississippi  Valley;  Shea,  Early  Voyages  up  and  down  the 
Mississippi;  Shea,  The  Catholic  Church  in  Colonial  Days,  Book 
III.  ch.  5,  and  Book  VI.  ch.  I ;  Mason,  Chapters  from  Illinois 
History,  1-249,  and  other  articles  by  him  in  the  Fergus  Histor- 
ical Series;  Wallace,  Illinois  and  Louisiana  under  the  French 
Rule;  Breese,  The  Early  History  of  Illinois;  Moses,  Illinois 
Historical  and  Statistical,  I.  chs.  3-6.  Among  the  most  impor- 
tant printed  sources  for  this  period  are  the  reports  of  the  Jesuit 
Missionaries  found  in  Thwaites,  The  Jesuit  Relations  and  Al- 
lied Documents,  73  vols.  (Originals  with  translations,  good 
index  and  bibliography).  Other  sources  are  in  Margry,  Decou- 
vertes  et  Etablissements,  6  vols. ;  and  in  French,  Historical  Col- 
lections of  Louisiana. 

i  I 


2  Government  of  Illinois 

British  Period  :  Winsor,  Narrative  and  Critical  History  of 
America,  VI.  ch.  9  (important  for  bibliography  of  this  and  the 
succeeding  period) ;  Winsor,  The  Westward  Movement,  ch.  3; 
Moses,  Illinois  Historical  and  Statistical,  I  chs.  7,8;  Davidson 
and  Stuve,  A  Complete  History  of  Illinois,  chs.  14,  15  ;  Park- 
man,Tke  Conspiracy  of  Pontiac ;  Mason,  Chapters  from  Illinois 
History,  232-249.  Sources  :  Mason,  Philippe  de  Rocheblave 
and  the  Rocheblave  Papers  (Fergus  Historical  Series);  Pitt- 
man,  The  Present  State  of  the  European  Settlements  on  the 
Mississippi  (1770) ;  Hutchins,  A  Topographical  Description  of 
Virginia  (1778).  For  published  papers  from  the  Canadian  Ar- 
chives, see  Illinois  Historical  Collections,  I.,  and  various  vol- 
umes of  the  Wisconsin  Historical  Society  Collections;  the 
Michigan  Pioneer  Collections;  the  Chicago  Historical  Society 
Collections,  and  Brymner,  Reports  on  Canadian  Archives.  See 
also  Documents  relative  to  the  Colonial  History  of  New  York, 
VII.,  VIII. 

Virginia  Period,  1778-1784:  Boyd,  "The  County  of  Illinois" 
(in  American  Historical  Review,  IV.  623-635) ;  Hinsdale,  The 
Old  Northwest,  ch.  9;  Mason,  Chapters  from  Illinois  History, 
250-292  ;  Moses,  Illinois  Historical  and  Statistical,  chs.  9,  10; 
Roosevelt,  The  Winning  of  the  West  (1889)  II.,  chs.  1-4,0; 
III.,  ch.  2;  English,  Conquest  of  the  Country  Northwest  of  the 
River  Ohio  and  Life  of  George  Rogers  Clark;  Thwaites,  Essays 
in  Western  History,  ch.  i.  Sources:  Hening,  Statutes  at 
Large  (Virginia),  IX. -XII.;  Calendar  of  Virginia  State 
Papers,  I. -1 1 1.;  George  Rogers  Clark's  Sketch  of  his  Campaign 
in  the  Illinois  in  1778-9.  See  also  ' '  Clark  Papers' '  in  American 
Historical  Review ,  I.  90-96;  VIII.  491-506;  W.  W.  Henry,  Pat- 
rick Henry,  Life,  Correspondence  and  Speeches;  "John  Todd's 
Record  Book"  (in  Chicago  Historical  Society  Collections,  IV.). 

Illinois  in  the  Northwest  and  Indiana  Territories  :  Hinsdale, 
The  Old  Northwest,  chs.  14-16,  18  ;  Roosevelt,  The  Winning  of 
theWest,  III.,  IV.;  Moses,  Illinois  Historical  and  Statistical, I. , 
chs.  11-14;  Perkins  and  Peck,  Annals  of  the  West;  Burnet, 
Notes  on  the  Early  Settlement  of  the  Northwest  Territory; 
Dunn,  Indiana  (American  Commonwealth  Series) ;  Dillon,  His- 
tory of  Indiana;  Winsor,  Narrative  and  Critical  History  of 
America,  VII.  Appendix  I.  (with  bibliography).  Sources: 
The  Ordinance  of  1787  and  other  important  documents  are  con- 
veniently collected  in  Hart  and  Channing,  Documents  relating 
to  Territorial  Administration  (American  History  Leaflets), 
and  in  Hurd,  The  Revised  Statutes  (Illinois);  Smith,  The  St. 
Clair  Papers,  2  vols. ;  American  State  Papers(  Volumes  on  Pub- 


The  Illinois  Country  and  Its  People  3 

lie  Lands,  Indian  Affairs,  Military  Affairs).  For  a  bibliography 
of  Territorial  records,  see  Starr  and  Curtis,  Annotated  Statutes. 
The  Territory  of  Illinois.  1809-1818:  Moses,  Illinois  His- 
torical and  Statistical,  I.,  chs.  15-18  and  Appendix ;  Davidson 
and  Stuve,  A  Complete  History  of  Illinois,  chs.  21-25.  Sources : 
Reynolds,  Pioneer  History  of  Illinois  (to  be  used  with  care)  ; 
Reynolds,  My  Own  Times  (2nd  ed.)  ;  Edwards,  History  of  Illi- 
nois from  1778-1833  and  Life  and  Times  of  Ninian  Edwards, 
chs.  1-6,  15,  16;  Washburne,  The  Edwards  Papers  (in  Chicago 
Historical  Society's  Collections,  III.)  ;  see  also  various  numbers 
of  the  Fergus  Historical  Series;  Forsyth,  "Letter  Book"  (in 
Wisconsin  Historical  Society,  Collections,  XL  316-355 ;  James, 
"Information  relating  to  the  Territorial  Laws  of  Illinois"  (in 
Publications  of  the  Illinois  State  Historical  Library,  No.  2)  ; 
"The  Territorial  Records  of  Illinois"  (in  Publications  of  the 
Illinois  State  Historical  Library,  No.  3).  For  other  information 
about  Territorial  Laws,  see  Starr  and  Curtis,  Annotated  Stat- 
utes of  Illinois,  I.,  Introduction,  and  Bowker,  State  Publications, 
Part  II. ;  American  State  Papers  (Public  Lands,  Indian  Affairs, 
Military  Affairs). 


2.    THE  PHYSIOGRAPHY  OF  ILLINOIS 

A  practical  and  really  living  constitution  must  rest  in  Relation  of 
the  main  upon  the  experience  of  the  people  who  frame  ^^ 
it,  and  must  be  so  framed  as  to  serve  those  wants  which  economic 
they  have  come  to  realize  as  the  result  of  that  experi- 
ence.     It  is  clear  then  that  constitutional  development 
can  not  be  understood  without  knowing  something  of 
the  economic  and  social  facts  and  problems  with  which 
governments  have  to  deal.     Constitutional  history  can 
be  most  profitably  studied  not  by  itself,  but  in  close 
connection  with  economic  and  social  history. 

The  first  great  factor  in  the  experience  of  any  people  Area  and 
is  the  land  on  which  they  live.     The  State  of  Illinois  has  boundaries- 
within  its  limits  to-day  a  total  land  area  of  over  56,000 
square  miles,  and  is  therefore  neither  one  of  the  largest, 
nor  yet  one  of  the  smaller  states  of  the  American 


4  Government  of  Illinois 

union.1  This  area  is  largely  marked  off  by  natural 
boundaries.  Its  southern  and  western  limits  are  formed 
by  two  great  rivers,  the  Ohio  and  the  Mississippi.  Its 
eastern  boundary  is  also  partly  'of  this  kind,  being 
marked  by  the  Ohio  and  the  Wabash,  and  a  line  drawn 
due  north  from  Vincennes.  Since  this  line  runs  into 
Lake  Michigan,  that  lake  may  for  most  purposes  be 
regarded  as  a  part  of  the  State  boundary.  The  northern 
boundary  of  42°  30'  is,  of  course,  an  imaginary  line  so 
drawn  as  to  give  the  State  a  frontage  on  Lake  Michi- 
gan.2 

Geographical  One  of  the  most  important  geographical  facts  about 
position.  Illinois  is  its  central  position  combined  with  its  great 
extension  from  north  to  south.  From  the  northern  line 
of  42°  30'  to  Cairo,  which  lies  almost  exactly  on  the 
parallel  of  37°  north  latitude,  is  a  distance  of  nearly 
four  hundred  miles.  These  parallels  continued  to  the 
Atlantic  coast  include  Boston  on  the  north  and  nearly 
all  of  Virginia  on  the  south.  The  great  water  highways 
of  the  State  have  also  connected  it  almost  equally  with 
the  north  and  the  south.  The  first  Europeans  came  to 
Illinois  by  way  of  the  Great  Lakes.  Later  the  French 
settlements  of  this  region  were  connected  most  closely 
with  New  Orleans  and  the  lower  Mississippi.  The 
early  American  settlers  came  mainly  by  way  of  the  Ohio 
river  from  the  border  southern  States  and,  later  still, 
the  Erie  canal  and  the  lake  steamboats  brought  to 
northern  Illinois  immigrants  from  New  York  and  New 

1  Commissioner  of  the  General  Land  Office,  Annual  Report, 
1901,  318  The  total  land  and  water  area,  including  a  part  of 
Lake  Michigan,  is  58,354  square  miles. 

1  Constitution  of  Illinois,  1870,  Art.  I. ;  cf.  Constitution  of  In- 
diana, 1851,  Art.  XIV.  (both  in  Poore,  Charters  and  Constitu- 
tions, I.). 


The  Illinois  Country  and  Its  People  5 

England.  These  geographical  facts  have  given  to 
Illinois  politics  a  sectional  character  somewhat  like  that 
of  the  country  at  large. 

The  physical  characteristics  of  this  territory  are  sim-  Physical 
pie  and  may  be  summarized  briefly.  The  first  is  a  ^fcrsacter" 
comparatively  level  surface.  At  the  south,  Cairo  stands 
about  three  hundred  feet  above  the  ocean  level.  Be- 
tween this  and  the  highest  points  in  the  State,  which 
are  to  be  found  in  the  northwestern  counties,  there  is  a 
difference  of  less  than  a  thousand  feet.  The  slope  from 
north  to  south  is  gradual  except  in  the  southern  part  of 
the  State,  where  one  range  of  hills  rises  somewhat 
abruptly  from  the  plains  to  the  height  of  over  one 
thousand  feet.1  A  second  characteristic,  especially  of 
the  northern  and  central  sections,  is  the  absence  of 
heavy  forests,  so  that  a  large  part  of  the  surface  is  open 
prairie.  Thirdly,  the  soil  is  well  watered,  rich,  and 
adapted  to  the  production  of  the  great  staple  grains. 
Finally,  the  coal  mines  of  the  State  have  proved  an 
important  source  of  wealth. 

The  even  surface,  wide  areas  of  open  prairie,  abun-  influence  of 
dance  of  water,  and  richness  of  soil  made  Illinois  first  a  these 

physical 

great  agricultural  State.     Its  central  position   in  the  character- 
Union,  with  convenient  access  to  great  interior  water-  lstlcs- 
ways,  laid  the  foundation  of  its  commercial  prosperity; 
and  these  advantages,  taken  together  with  the  newly 
developed  coal  deposits,  have  made  it  also  one  of  the 
chief  manufacturing  States  of  the  Union.     Out  of  this 
many-sided  economic  development  have  come  many  of 
the  characteristic  features  of  our  social  and  political  life. 

Gannett,  A  Dictionary  of  Altitudes  in  the  United  States; 
World  Almanac,  1901, 65 ;  Leverett,  The  Glacial  Lobe  of  Illinois, 
ch.  2. 


6  Government  of  Illinois 

3.     THE  INDIANS  OF  ILLINOIS 

The  Indians.  Two  hundred  and  fifty  years  ago  the  territory  of  the 
theTistoV  '"  Present  State  had  been  occupied  only  by  a  few  thousand 
of  the  state.  Indians.  One  of  these  tribes,  the  Winnebagoes,  was 
related  to  the  Sioux  or  Dakotas  of  the  Northwest,  but 
most  of  them  belonged  to  the  Algonquin  family,  which 
included  nearly  all  of  the  Indians  east  of  the  Mississippi. 
The  best  known  of  these  Algonquin  tribes  are  those  of 
the  Illinois  Confederacy.  During  the  seventeenth  and 
eighteenth  centuries,  they  were  settled  along  the  Illinois 
and  Mississippi  rivers,  and  they  have  left  their  mark 
upon  the  map  of  the  State  in  such  names  as  Cahokia, 
Kaskaskia,  and  Peoria.  It  was  among  them  that  the 
first  permanent  white  settlements  were  founded,  and 
there  are  still  in  southern  Illinois  a  few  people  of  mixed 
race  who  are  descended  from  this  Indian  stock.  The 
Illinois  suffered  seriously  from  the  invasions  of  the 
Iroquois  and  the  efforts  of  the  French  missionaries  to 
civilize  and  Christianize  them  met  with  little  permanent 
success.  In  the  eighteenth  and  nineteenth  centuries  the 
most  stubborn  opposition  to  white  settlement  came  from 
the  Sacs  and  Foxes  of  northern  Illinois  and  southern 
Wisconsin.  These  Indian  tribes  scarcely  occupied  this 
country  at  all.  Though  they  cultivated  the  soil,  they  de- 
pended largely  upon  hunting  and  fishing  and  were  con- 
stantly changing  the  location  of  their  villages.  Their 
numbers  were  always  insignificant  as  compared  with  the 
vast  areas  over  which  they  roamed,  and  they  had  only 
the  slightest  political  organization.  They  are  important 
in  the  history  of  the  State  chiefly  because  of  the  obsta- 
cles which  they  placed  in  the  progress  of  the  white 
pioneers.  This  opposition  continued  for  fifteen  years 
after  the  State  was  admitted  to  the  Union,  until,  soon 


The  Illinois  Country  and  Its  People  7 

after  the  close  of  the  Black  Hawk  War,  the  last  tract  of 
Indian  lands  in  Illinois  was  surrendered  to  the  whites. 


4.    THE  FRENCH  IN  ILLINOIS.     1673-1675 

The  first  European  visitors  to  Illinois,  of  whom  we 
have  any  certain  knowledge,  were  Louis  Joliet,  who  Mariuette- 
represented  the  French  government  at  Quebec,  and 
Father  Marquette,  the  Jesuit  missionary.  They  ex- 
plored together  in  1673  the  Mississippi  and  Illinois 
rivers.  Before  Marquette  died,  in  1675,  he  had  made 
a  second  visit  to  the  Indians  on  the  Illinois  River  and 
founded  a  Catholic  mission,  which  was  continued  after 
his  death  by  other  Jesuit  missionaries.1 

Meanwhile  the  Illinois  country  had  also  been  entered  La  Saiie. 
by  a  number  of  French  traders  and  adventurers.  Of 
these  the  most  important  was  the  famous  explorer,  La 
Salle,  who  had  been  authorized  by  Louis  XIV  to  make 
discoveries  and  establish  posts  in  this  western  country.2 
By  1682  he  had  made  his  way  from  the  Great  Lakes 
down  the  Illinois  and  the  Mississippi  to  the  Gulf  of 
Mexico.  In  1680,  he  built  Fort  Crevecoeur  on  the  Illi- 
nois River  near  Peoria.  This  was  soon  abandoned, 
however,  and  in  1683  Fort  St.  Louis  was  built  higher 
up  the  river  between  Ottawa  and  La  Salle.  This  post 
La  Salle  proposed  to  make  a  great  center  of  French 
influence  in  the  West.  He  soon,  however,  left  the 
Illinois  country;  and  his  post  on  the  Illinois,  though 


1  Jesuit  Relations    (Thwaites   ed.)    LVIII.-LXII,   especially 
LIX.,  Doc.  No.  86;  cf.  Shea,  Discovery  and  Exploration  of  the 
Mississippi  Valley  and  his  Catholic  Church  in  Colonial  Days, 
260,  327,  535- 

2  Patent  in  Margry,  Decouvertes  et  Etablissements,  11-337-338. 


8  Government  of  Illinois 

kept  up  for  some  years  by  his  lieutenant,  Tonty,  was 
finally  abandoned.1 

Before  1700  the  French  had  established  a  few  mis- 
sions and  trading  posts  in  Illinois,  but  there  was  hardly 
any  real  colonization.  In  or  about  the  year  1700,  how- 
ever, the  Kaskaskia  Indians  on  the  Illinois  River  near 
Peoria  moved  southward  and  established  themselves 
near  the  junction  of  the  Kaskaskia  and  Mississippi 
rivers.  Here,  as  on  the  Illinois  river,  the  Indian  vil- 
lages attracted  the  French  traders  and  missionaries. 
Gradually  the  wandering  traders  began  to  make  homes 
for  themselves  and  there  grew  up  the  French  village  of 
Kaskaskia.  Something  like  this  took  place  about  the 
same  time  at  Cahokia,  opposite  the  present  city  of  St. 
Louis.2  At  first  these  settlements  in  Illinois  were  left 
very  much  to  themselves,  though  subject  in  a  general 
way  to  the  authorities  at  Quebec.  In  1717,  however, 
they  were  definitely  annexed  to  the  new  province  of 
Louisiana.  In  1718  a  commandant  was  sent  up  to 
govern  the  Illinois  country,  which  became  one  of  the 
districts  of  Louisiana.3  By  1720  Fort  Chartres  was 
built  on  the  Mississippi  between  Cahokia  and  Kaskaskia 
and  three  new  villages  soon  grew  up.  These  five  vil- 
lages lying  between  the  Kaskaskia  and  Mississippi 
rivers  and  a  few  obscure  settlers  on  the  Illinois  were 


1  Parkman,  La  Salle;  Mason,  Chapters  from  Illinois  History, 
1-211;  Winsor,  Cartier  to  Frontenac,  ch.  15;  Documents  in 
Margry,  V.  51,  55,  65. 

*  Mason,  Kaskaskia  and  her  Parish  Records  (in  Fergus  His- 
torical Series,  12)  ;  Thwaites,  ed.,  Jesuit  Relations,  LXV.,  No. 
75- 

*  Patent  to  Crozat  in  French,  Historical  Collections  of  Loui- 
siana, III.  38-42;  Patent  to  Company  of  the  West,  ibid.,  49-59; 
Hart  and  Channing,  American  History  Leaflets,  No.  16,  p.  22; 
Gayarre,  Histoire  de  la  Louisiane,  I.  184-185. 


The  Illinois  Country  and  Its  People  9 

practically  all  that  the  French  accomplished  in  the  way 
of  colonization  in  Illinois.1 

In  1750,  the  Jesuit  Vivier  estimated  that  in  the  five  character- 
French  villages  there  might  be  "eleven  hundred  white  ^^  the 
people,  three  hundred  blacks  and  about  sixty  red  colonists, 
slaves."  These  people  were  chiefly  farmers  and  trad- 
ers. They  cultivated  wheat  and  corn  and  bred  some 
livestock,  supplying  the  settlements  on  the  lower  Mis- 
sissippi with  flour,  pork,  and  numerous  other  articles.2 
On  the  whole  they  were  ignorant  and  unenterprising. 
They  knew  nothing  of  representative  institutions  as 
they  existed  in  the  English  colonies,  and  their  govern- 
ment was  of  the  simplest  kind.  From  1717  to  1731, 
Illinois  with  the  other  districts  of  Louisiana  was  under 
the  authority  of  the  French  Company  of  the  West.  In 
the  latter  year,  the  company  ceded  its  rights  to  the  king 
and  Louisiana  became  a  royal  province,  with  a  royal 
governor  at  its  head.  The  chief  officers  of  the  Illinois 
district  were  a  military  commandant  and  a  civil  judge.3 
A  few  French  officers  and  missionaries  had  seen  the  pos- 
sibilities of  this  region,  but  they  were  for  the  most  part 
undeveloped  when,  at  the  close  of  a  long  and  desperate 
war,  France  was  compelled  by  the  Treaty  of  Paris  in 
1763  to  give  up  to  England  her  claims  to  the  territory 
between  the  Ohio  and  the  Mississippi.  The  uprising 
of  the  western  Indians  under  Pontiac  prevented  the 

1  Mason,  Old  Fort  Chartres,  in  Chapters  from  Illinois  His- 
tory; (also  in  Fergus  Historical  Series,  No.  12). 

2  Vivier  in  Thwaites,  Jesuit  Relations,  LXIX.,  No.  220. 

'Gayarre,  Histoire  de  la  Louisiane,  I.  184-185,  270,  271,  287- 
288;  cf.  Mason,  Chapters  from  Illinois  History,  217-226;  Breese, 
Early  History  of  Illinois,  Appendix  E,  F,  G ;  Pittman,  Present 
State  of  the  European  Settlements  on  the  Mississippi,  53-54. 


IO  Government  of  Illinois 

'British  from  taking  possession  for  two  years,  but  in 
1765  a  British  commandant  entered  Fort  Chartres.1 

5.     BRITISH  DOMINION  AND  ITS  OVERTHROW. 
1765-1783 

British  During  the  next  thirteen  years,  the  people  of  the 

Illinois^1  Illinois  country  were  subjects  of  the  King  of  England. 
Though  claims  were  made  by  different  colonies,  the 
King's  proclamation  of  1763  left  Illinois,  for  a  time  at 
least,  outside  the  limits  of  any  of  them.2  In  1774,  how- 
ever, the  whole  Northwest  was  included  in  the  Canadian 
Province  of  Quebec,  much  to  the  disgust  of  the  other 
English  colonies.  In  the  meantime,  the  Illinois  country 
was  governed  by  British  commandants  supported  by 
British  garrisons.  A  court  was  organized  on  the  Eng- 
lish model,  but  the  Quebec  Act  of  1774  recognized 
the  old  French  civil  law.3  Though  under  British  sov- 
ereignty, the  Illinois  settlements  kept  their  French 
character.  There  were  few  new  settlers  and  many  of 
the  French  inhabitants  left  Illinois  and  took  refuge 
across  the  river  in  the  new  settlements  of  St.  Louis  and 
St.  Genevieve,  which  France  was  just  giving  up  to 
Spain.  Two  of  the  old  villages  were  almost  deserted 
in  a  few  years.  On  the  eve  of  the  American  Revolution 
there  were  in  Kaskaskia  and  the  neighboring  villages 
nine  hundred  white  people  and  about  half  as  many  negro 
slaves.* 

1  Documents  rel.  to  Colonial  History  of  New  York,  VII.  619, 
685-690,  711,  765,  808,  816. 

z  Proclamation  in  Annual  Register,  1763,  208-213. 

8  Coffin,  The  Quebec  Act,  ch.  5  and  Appendix  I ;  Mason,  Chap- 
ters from  Illinois  Plistory,  232-242. 

*  Hutchins,  Topographical  Description  of  Virginia,  36-40  and 
Appendix  I ;  Pittman,  Present  State  of  the  European  Settle- 
ments on  the  Mississippi,  42-55. 


The  Illinois  Country  and  Its  People  1 1 

On  the  outbreak  of  the  American  Revolution,  the  Clark's  con- 
British  withdrew  their  troops  from  the  Illinois  country,  S"?st.of 

J '    Illinois. 

leaving  a  Frenchman  by  the  name  of  Rocheblave  in  Illinois  a 
charge  of  British  interests.1  The  frontiersmen  of  Vir-  Virginia, 
ginia  and  Kentucky  soon  became  convinced  that  the  Brit- 
ish agents  were  instigating  the  Indians  to  attack  the 
American  settlers.  One  of  these  frontiersmen,  George 
Rogers  Clark,  secured  from  Governor  Patrick  Henry 
of  Virginia  a  commission  authorizing  him  to  raise  a 
force  for  the  purpose  of  attacking  the  Illinois  posts. 
Under  this  commission  Clark  captured  Kaskaskia  and 
the  adjoining  villages  in  the  summer  of  1778;  and  in 
1779  he  made  a  brave  winter  march  across  Illinois  to 
Vincennes,  where  he  captured  Henry  Hamilton,  the 
British  governor  at  Detroit.2  Virginia  then  laid  claim 
to  the  whole  Northwest  as  granted  by  her  colonial 
charter  of  1609.  In  October,  1778,  the  legislature 
passed  an  act  recognizing  the  French  inhabitants  of 
Illinois  as  citizens  of  Virginia,  and  organizing  the  whole 
country  north  of  the  Ohio  into  the  "County  of  Illinois."3 
In  1779  Captain  John  Todd  was  appointed  command- 
ant and  organized  a  temporary  government  under  the 
authority  of  Virginia.  This  Virginia  government, 
however,  soon  went  to  pieces.4  In  1783  the  treaty  of 
peace  with  Great  Britain  gave  the  Northwest  to  the 

1  "Haldimand  Papers"  (in  Michigan  Pioneer  Collections,  IX. 
349-35O. 

2  See  references  for  Virginia  period,  §  i. 

*  Hening,  Statutes  at  Large,  IX.  552-555- 

*  Henry,  Patrick  Henry,  III.  212-216;  John  Todd,  "Record 
Book  and  Papers"  (in  Chicago  Historical  Society,  Collections, 
IV.  289-359)  '»  Boyd,  "County  of  Illinois"  (in  American  Histor- 
ical Review,  IV.  623-635). 


12 


Government  of  Illinois 


Ordinances 
for  the  gov- 
ernment of 
the  North- 
west. 


The  Ordi- 
nance of 
1787. 


thirteen  United  States  and  in  the  following  year  Vir- 
ginia ceded  her  special  claim  to  the  Union.1 

6.    THE  NORTHWEST  TERRITORY.     1784-1800 

The  first  act  passed  by  Congress  for  the  government 
of  the  Northwest  Territory,  including  Illinois,  was  the 
ordinance  of  1784  which,  however,  never  went  into 
effect.  Congress  then  passed  the  land  ordinance  of 
1785,  establishing  the  principles  of  the  township  survey 
system,  under  which  the  lands  of  the  Northwest  have 
been  laid  out  in  townships  of  thirty-six  square  miles. 
The  first  practical  measure  adopted  by  Congress  for 
the  government  of  Illinois  was  the  famous  ordinance 
of  1787,  one  of  the  last  acts  of  the  old  Confederation. 

This  ordinance  provided,  first,  a  temporary  form  of 
civil  government  for  the  whole  Northwest.  The  chief 
officers  of  this  first  organized  Territory  of  the  United 
States  were  the  governor,  the  judges,  and  a  secretary, 
all  to  be  appointed  by  Congress.  After  the  adoption  of 
the  new  constitution,  it  was  provided  that  these  appoint- 
ments should  be  made  by  the  President.2  At  the  be- 
ginning there  was  to  be  no  representative  assembly,  but 
the  governor  and  judges  were  to  adopt  such  laws  of  the 
original  thirteen  States  as  they  thought  desirable  for 
the  new  Territory.  When  there  were  five  thousand 
free  male  inhabitants  in  the  territory,  there  was  to  be  a 
representative  assembly  chosen  by  the  freeholders  and 
a  legislative  council  of  five  members  selected  by  the 
federal  government  from  a  list  nominated  by  the  repre- 
sentatives. This  legislature  of  two  houses  could  then 

1  Text  of  the  deed  in  Hening,  Statutes  at  Large,  XI.  571-575. 
Claims  made  to  other  parts  of  the  territory  by  Massachusetts 
and  Connecticut  were  ceded  in  1785  and  1786. 

3  U.  S.  Statutes  at  Large,  I.  50-53. 


The  Illinois  Country  and  Its  People  13 

choose  a  delegate  to  Congress  who  had  a  right  to  be 
heard,  but  not  to  vote.  Finally,  the  people  of  the  North- 
west could  look  forward  to  membership  in  the  Union 
on  an  equal  footing  with  the  original  States.  Out  of 
the  whole  territory  there  were  to  be  formed  not  less 
than  three,  nor  more  than  five  States,  any  one  of  which 
might  be  admitted  to  the  Union  whenever  it  had  sixty 
thousand  inhabitants,  or  even  earlier,  if  Congress 
thought  best.  The  Articles  of  Compact  laid  down  a 
few  general  principles  on  which  these  governments 
should  always  rest.  Their  constitutions  must  be  re- 
publican. They  must  respect  religious  liberty  and 
secure  to  every  man  those  rights  of  personal  liberty 
and  protection  to  property  which  Englishmen  and 
Americans  have  long  considered  essential.  Religion 
and  education  were  to  be  encouraged.  The  Indians 
were  to  be  fairly  treated  and  their  land  was  not  to  be 
taken  from  them  without  their  consent. 

Three  clauses  of  the  ordinance  are  especially  impor-  Special  pro- 
tant  for  Illinois.     The  first  secured  to  the  settlers  of  ^°^^' 
the  old  French  villages  "who  have  heretofore  professed  nois.    Pro- 
themselves  citizens  of  Virginia"  their  existing  laws  and  hlblt 
customs  with  regard  to  the  transfer  of  property.     The 
second  had  to  do  with  boundaries.     The  western  State 
of  the  Northwest  Territory  was  to  be  bounded,  as 
Illinois  now  is,  by  the  Mississippi,  the  Ohio,  and  the 
Wabash ;  but  its  northern  boundary  might  be  pushed 
northward  to  the  Canadian  frontier.     Congress  might, 
however,  form  one  or  two  States  out  of  the  region 
north  of  a  line  drawn  through  the  southerly  bend  of 
Lake  Michigan.     If  this  line  had  been  finally  drawn 
between  the  northern  and  southern  tiers  of  States,  Chi- 
cago would  have  been  a  part  of  Wisconsin.     The  third 
clause  of  special  interest  to  Illinois  was  the  sixth  article 


14  Government  of  Illinois 

of  the  compact,  which  provided  that  "there  shall  be 
neither  slavery  nor  involuntary  servitude  in  the  said 
Territory  otherwise  than  in  punishment  of  crimes, 
whereof  the  party  shall  have  been  duly  convicted." 
This  clause,  if  literally  enforced,  would  have  deprived 
the  people  of  the  old  French  villages  of  a  considerable 
number  of  slaves  which  they  then  held  as  property.  It 
really  helped  to  make  Illinois  ultimately  a  free  State. 
Organization  Government  under  this  ordinance  was  set  up  in  1788 
governments  ky  Governor  St.  Clair  at  Marietta  in  what  is  now  Ohio, 
in  Illinois.  and  in  1790  the  Illinois  country  was  organized  as  St. 
Clair  County  and  received  a  regular  local  government. 
The  county,  however,  included  only  the  southwestern 
part  of  Illinois,  and  the  eastern  part  was  combined  with 
the  Vincennes  settlements  (now  a  part  of  Indiana)  in 
the  county  of  Knox.  Five  years  later  the  southern 
part  of  St.  Clair  County  was  set  apart  as  Randolph 
County  with  Kaskaskia  as  its  county  seat.  The  chief 
officers  of  each  county  were  appointed  by  the  governor 
of  the  Territory.1 

Early  The  beginnings  of  American  government  in  Illinois 

problems.  were  unsatisfactory.  The  French  settlers  feared  that 
their  slaves  would  be  taken  from  them,  and  many  of 
them  left  Illinois  for  the  Spanish  territory  across  the 
river.  In  order  to  check  this  emigration  Governor 
St.  Clair  declared  that  the  ordinance  was  not  intended 
to  affect  slaves  already  held  in  the  Territory.  There 
was  also  much  confusion  about  land  titles,  which  was 
not  cleared  up  for  many  years.2  Finally,  the  country 
was  disturbed  by  the  hostility  of  the  Indians.  In  1795 
General  Wayne  compelled  the  Indians  to  negotiate  the 
treaty  of  Greenville,  opening  up  new  territory  for  white 

1  Smith,  St.  Clair  Papers,  IT.  137,  164-180. 
"Ibid.,  117-120,  176,  396-403. 


The  Illinois  Country  and  Its  People  15 

settlers,  but  still  reserving  nearly  all  of  Illinois  to  the 
Indians.1 

In  spite  of  these  discouragements,  a  few  American  American 
settlers  had  come  from  the  seaboard  States  into  Illinois,  Ploneers- 
including  a  few  of  Clark's  soldiers.  Some  of  them 
settled  in  the  old  French  villages,  but  others  founded 
new  American  communities,  almost  all  of  them  near 
the  Mississippi  between  Kaskaskia  and  Cahokia.  These 
American  settlers,  however,  hardly  more  than  made  up 
for  the  French  who  had  crossed  the  river.  In  1800 
there  were  scarcely  three  thousand  people,  not  includ- 
ing Indians,  within  the  present  limits  of  Illinois.  In 
the  political  life  of  these  frontier  villages  Americans 
were  already  taking  the  lead.  When,  in  1798,  the  two 
Illinois  counties  chose  each  its  representative  to  the  first 
assembly  of  the  Northwest  Territory,  neither  sent  a 
Frenchman.2 

7.     ILLINOIS  IN  THE  INDIANA  TERRITORY.     1800-1809 

In  1800  the  people  of  Ohio  were  anxious  for  admis-  The  Indiana 
sion  to  the  Union  as  a  State.     The  first  step  in  this  Territory-. 
direction  was  the  division  of  the  Territory,  the  western 
part,  including  Illinois,  being  organized  into  the  Terri- 
tory of  Indiana.     This  Indiana  Territory,  like  the  "Old 
Northwest,"  was  at  first  governed  by  a  governor  and 
judges  appointed  by  the  President.     In  1804,  however, 
the  freeholders  voted  in  favor  of  a  representative  assem- 
bly, which  was  organized  in  1805.     The  Illinois  counties 

1  Text  of  the  treaty  in  U.  S.  Statutes  at  Large,  VII.  (Indian 
Treaties)  ;  also  in  Moses,  Illinois  Historical  and  Statistical,  I., 
Appendix. 

'  Mason,  Lists  of  Early  Illinois  Citizens  (in  Chicago  Histor- 
ical Society's  Collections,  IV.)  ;  Perkins  and  Peck,  Annals  of 
the  West,  Appendix,  ch.  2,  §  i ;  Second  U.  S.  Census;  Smith, 
St.  Clair  Papers,  II.  438-439- 


i6 


Government  of  Illinois 


The 

Louisiana 

Purchase. 


Indian 
treaties. 


Land  titles. 


chose  three  of  the  seven  members  of  the  House  of 
Representatives  and  had  two  of  the  five  Councillors.1 

During  this  short  period  some  important  changes 
took  place.  One  of  these  events  was  the  purchase  of 
Louisiana.  For  forty  years  the  west  bank  of  the  Mis- 
sissippi had  belonged  to  Spain.  When  the  Illinois 
settler  crossed  the  river  to  do  business  in  St.  Louis,  he 
entered  a  foreign  country.  When  he  sent  his  products 
to  the  Gulf  of  Mexico,  his  trade  was  liable  to  restric- 
tions imposed  by  the  same  power  which  also  held  New 
Orleans.  In  1803  the  Province  of  Louisiana,  after 
being  first  ceded  to  France,  was  then  sold  by  the  Em- 
peror Napoleon  to  the  United  States  and  the  Illinois 
country  was  for  the  first  time  in  its  history  surrounded 
on  every  side  by  the  territories  of  the  American  Union. 

A  second  important  event  of  this  period  was  the  nego- 
tiation of  several  Indian  treaties  which  opened  to  white 
settlement  a  large  part  of  southern  Illinois  which 
Wayne's  treaty  of  1795  had  reserved  to  the  Indians.2 
William  Henry  Harrison,  the  governor  of  the  Territory 
during  the  whole  of  this  period,  was  very  active  in  this 
work,  which  was  probably  the  most  important  feature 
of  his  administration.  These  large  land  cessions,  how- 
ever, caused  serious  dissatisfaction  among  the  Indians. 
Tecumseh  and  other  far-seeing  Indian  chiefs  tried  to 
get  combined  action  by  the  tribes,  in  order  to  prevent 
the  piece-meal  surrendering  of  their  land  to  the  United 
States,  and  the  constant  friction  between  the  two  races 
led  in  1811  to  another  Indian  war.3 

Settlement  in  the  Territory  was  still  checked  by  the 

1  U.  S.  Statutes  at  Large,  6th  Cong.,  ist  sess.,  ch.  41 ;  Dillon, 
History  of  Indiana,  414-416. 

2  U.  S.  Statutes  at  Large,  VII.  78-79. 
'Dillon,  History  of  Indiana,  ch.  33. 


The  Illinois  Country  and  Its  People  17 

old  confusion  with  regard  to  land  titles.  In  1804,  how- 
ever, Congress  established  land  offices  at  Vincennes,  on 
the  Indiana  side  of  the  Wabash,  and  at  Kaskaskia. 
Commissioners  were  appointed  to  examine  the  old  land 
claims  in  order  that  future  grants  might  be  made  in  an 
orderly  way.  Several  years  passed,  however,  before 
they  made  their  final  report.1 

Many  people  in  the  Territory  believed  that  more  The  slavery 
settlers  would  come  in  if  slavery  could  be  made  legal.  que! 
A  number  of  efforts  were  made  to  repeal  the  famous 
"Sixth  Article"  of  the  ordinance,  and  in  1806  a  com- 
mittee of  the  federal  House  of  Representatives  reported 
in  favor  of  the  proposal.  Congress  refused  to  repeal 
the  article  prohibiting  slavery,  but  there  was  no  inter- 
ference with  the  slaves  already  in  the  Territory,  and 
the  Territorial  legislature  passed  indenture  laws,  which 
made  possible  the  holding  of  negroes  on  terms  little 
better  than  slavery,  even  if  not  technically  in  conflict 
with  the  ordinance.2 

The  Indiana  Territory  had  scarcely  been  organized  The  Indiana 
when  the  people  of  the  western  counties  began  to  think  ^"^y 
it  inconvenient  to  transact  legal  and  official  business  at 
Vincennes,  then  the  seat  of  government.     After  several 
unsuccessful  efforts,  a  bill  was  passed  by  Congress  on 
February  3,  1809,  dividing  the  Indiana  Territory  into 
two  governments.3 

1  U.  S.  Statutes  at  Large,  II.,  337-338;  American  State  Papers, 
Public  Lands,  I.  285,  590;  II.  123-127. 

2  Hinsdale,  The  Old  Northwest,  ch.  18 ;  Dillon,  History  of  In- 
diana, chs.  31,  32;  American  State  Papers,  Public  Lands,  I.  160; 
Annals  of  Congress,  Qth  Cong.,  1st  session,  466-468. 

8 House  Journals   (Reprints),  V.  611;  Annals  of  Congress, 
9th   Cong.,  passim;   loth  Cong.,  2nd  session,  971,   1093-1095; 
U.  S.  Statutes  at  Large,  II,  514. 
2 


18 


Government  of  Illinois 


Area  and 
population. 


The  govern- 
ment of  the 
Territory. 


8.     THE  ILLINOIS  TERRITORY.     1809-1818 

The  act  of  1809  defined  the  new  Territory  of  Illinois 
as  "all  that  part  of  the  Indiana  Territory  which  lies  west 
of  the  Wabash  River,  and  a  direct  line  drawn  from  the 
said  Wabash  River  and  Post  Vincennes,  due  north  to 
the  territorial  line  between  the  United  States  and  Can- 
ada." This  meant  that  outside  the  present  limits  of 
the  State,  the  Territory  included  all  of  Wisconsin  ex- 
cept the  northern  end  of  the  Green  Bay  peninsula,  a 
large  part  of  the  northern  peninsula  of  Michigan,  and 
all  of  Minnesota  east  of  the  Mississippi.  In  this  Terri- 
tory there  were,  according  to  the  census  of  1810,  12,282 
people,  all  but  a  few  hundred  of  whom  were  in  southern 
Illinois  on  or  near  the  Ohio  and  Mississippi  rivers. 
The  majority  of  the  settlers  were  now  Americans  from 
the  older  parts  of  the  Union.  They  came  chiefly  from 
the  slave  holding  States,  but  the  number  of  slaves  was 
small.  There  were,  however,  about  six  hundred  other 
negroes,  many  of  whom  were  probably  held  much  like 
slaves  under  the  so-called  "indenture  law."1 

For  the  first  three  years  of  separate  government,  the 
people  of  Illinois  went  back  to  the  first  stage  of  Terri- 
torial government,  conducted  without  a  representative 
assembly,  by  a  governor,  a  secretary,  and  judges,  all 
appointed  by  the  President,  the  governor  being  Ninian 
Edwards  of  Kentucky.  In  April,  1812,  the  people  voted 
in  favor  of  a  representative  assembly,  which  was  grant- 
ed to  them  by  Congress  in  the  same  year.  The  new 
Territorial  constitution  of  Illinois  was  more  liberal  than 
the  Ordinance  of  1787.  All  male  taxpayers,  who  had 
lived  in  the  Territory,  could  vote.  The  people  could 


1  Return  of  the  Whole  Number  of  Persons,  1810  (Third  cen- 
sus), 87. 


The  Illinois  Country  and  Its  People  19 

elect  directly  the  Councillors  as  well  as  the  members  of 
the  House  of  Representatives.  The  people  also  chose 
directly  their  Territorial  delegate  to  Congress.  The 
first  representative  legislature  of  the  new  Territory  met 
at  Kaskaskia  on  November  25,  I8I2.1 

During  the  early  years  of  the  Illinois  Territory,  its  Border 
growth  was  checked  by  serious  Indian  troubles,  which  war£are< 
finally  resulted  in  open  war.  In  1811  General  Harri- 
son defeated  the  Indians  at  Tippecanoe,  but  when  the 
War  of  1812  broke  out  the  Indians  generally  took  the 
British  side.  The  most  terrible  affair  of  this  war  in 
Illinois  was  the  Massacre  of  Fort  Dearborn,  on  the 
present  site  of  Chicago,  in  which  not  only  soldiers  but 
also  women  and  children  were  killed  or  taken  captive 
by  the  Indians.2  The  border  warfare  continued  through 
the  next  two  years,  but  after  the  treaty  with  England 
had  been  signed  several  Indian  treaties  were  negotiated, 
restoring  peace  and  opening  the  way  for  new  settle- 
ments.3 

The  immigration  which  had  been  checked  by  the  war  Public 
increased  rapidly  after  it  was  over  and  was  encouraged  lands- 
by  the  action  of  the  United  States  government  with 
regard  to  the  public  lands.     The  claims  of  the  settlers 
under  the  British,  French,  and  Virginian  governments 
were  finally  cleared  up,  so  that  the  incoming  settlers 
could  have  secure  titles  to  their  lands.     A  preemption 
law  was  passed  granting  those  who  had  already  settled 
on  the  public  lands  a  first  right  to  buy,  thus  giving  them 
an  advantage  over  speculators.     Lands  could  be  bought 

1  Executive  Register  (in  Illinois  State  Hist.  Library,  Publica- 
tions, III.  23,  26,  27)  ;  Journal  of  Legislative  Council,  ibid.,  62. 

2  Wentworth,  Fort  Dearborn  (Fergus  Historical  Series),  Ap- 
pendix. 

8  U.  S.  Statutes  at  Large,  VII.  (Indian  Treaties)  123-147. 


2O  Government  of  Illinois 

at  the  low  price  of  two  dollars  an  acre  and  payments 
could  be  made  in  istallments.  Two  new  land  offices 
were  established  in  Illinois,  one  at  Shawneetown  on  the 
Ohio,  and  another  at  Edwardsville  on  the  Mississippi 
above  Kaskaskia.1  All  these  measures  resulted  in  large 
sales  of  public  lands.  In  the  last  year  of  the  War  of 
1812  about  eight  thousand  acres  were  sold  at  the  Illi- 
nois land  offices.  Four  years  later  the  total  amount 
sold  for  the  year  was  more  than  half  a  million  acres.2 
New  county  As  the  Territory  grew  new  county  governments  were 
governments.  organize(j.  jn  jgog  there  were  only  two;  in  the  next 
nine  years  thirteen  new  counties  were  organized,  almost 
all  of  which  were  for  the  government  of  settlements  in 
the  southern  third  of  the  State  near  the  great  rivers.3 
The  growth  of  population  shown  in  the  organization  of 
these  new  counties  had  also  been  preparing  the  Ter- 
ritory for  another  advance  in  self-government.  When 
Congress  met  in  the  winter  of  1817-1818,  it  was  asked 
to  pass  a  bill  admitting  Illinois  to  the  Union  as  a  State. 

1  U.  S.  Statutes  at  Large,  II.  797 ;  Illinois  State  Historical 
Library,  Publications,  III.  109-111 ;  Donaldson,  Public  Domain, 
203-204. 

*  American  State  Papers,  Finance,  II.  657,  852 ;  III.  284,  285. 

'Executive  Register  (in  Illinois  State  Historical  Library, 
Publications,  III.  3-4,  26)  ;  Moses,  Illinois  Historical  and  Sta- 
tistical, I.  547;  cf.  map  at  I.  277. 


CHAPTER  II 

THE  OLD  FRONTIER  STATE— 1818-1848 

9.    REFERENCES 

Secondary  Authorities :  Harris,  Negro  Servitude  in  Illi- 
nois; Moses,  Illinois  Historical  and  Statistical,  I.,  chs.  19-31 
and  Appendix ;  II.,  ch.  32  and  Appendix ;  Davidson  and  Stuve, 
History  of  Illinois,  chs.  XXVI.-XLV. ;  Blanchard,  Discovery 
and  Conquests  of  the  Northwest  with  the  History  of  Chicago; 
Anthony,  Constitutional  History  of  Illinois,  chs.  12-21 ;  Wash- 
burne,Governor  Coles  and  the  Slavery  Struggle  in  Illinois; 
Edwards,  History  of  Illinois  from  1778-1833  and  Life  of 
Ninian  Edwards. 

Sources  :  ( i )  Contemporary  writers :  Ford,  History  of  Illi- 
nois; Brown,  History  of  Illinois;  Reynolds,  Pioneer  History  of 
Illinois;  Reynolds,  My  Own  Times;  Illinois  in  1837;  Gerhard, 
Illinois  As  It  Is;  Washburne,  ed.,  The  Edwards  Papers;  Pat- 
terson, Early  Society  in  Southern  Illinois  {Fergus  Historical 
Series,  No.  14).  See  also  various  other  numbers  in  the  same 
series,  especially  on  Chicago.  (2)  Documents  :  Annals  of  Con- 
gress, i$th  Congress;  House  Journal  and  Senate  Journal  of  the 
same  Congress ;  Enabling  act  and  first  and  second  constitutions 
in  Hurd,  Revised  Statutes  of  Illinois;  Journal  of  the  Constitu- 
tional Convention  (1847)  ;  Laws  of  the  State  of  Illinois  (the 
"session  laws")  1818-1848;  House  Journals  and  Senate  Journals 
of  the  General  Assembly;  Reports  to  the  General  Assembly. 
For  list  of  State  documents,  see  Bowker,  State  Publications, 
Part  II.,  229-249. 

10.    THE  ORGANIZATION  OF  THE  STATE 

On  January  16,  1818,  Mr.  Nathaniel  Pope,  the  Illi-  The  enabling 
nois  delegate  in  Congress,  presented  to  the  House  of   ctngrew. 
Representatives  a  petition  from  the  Territorial  legisla- 
ture asking  for  State  government  and  admission  to  the 
Union,  and  this  petition  was  referred  to  a  committee, 

21 


22  Government  of  Illinois 

of  which  Mr.  Pope  was  chairman.  He  soon  reported 
a  bill  "to  enable  the  people  of  the  Illinois  territory  to 
form  a  constitution  and  state  government  and  for  the 
admission  of  such  state  into  the  Union  on  an  equal 
footing  with  the  original  states."1  Two  important 
amendments  were  afterwards  adopted  on  motion  of 
Mr.  Pope  himself.  The  first  fixed  the  northern  bound- 
ary at  42°  30',  thus  disregarding  the  Ordinance  of  1787 
which  proposed  a  line  drawn  through  the  southerly 
bend  of  Lake  Michigan.  This  amendment  gave  to 
Illinois  its  present  frontage  on  the  lake  with  fourteen 
of  the  present  northern  counties,  including  Chicago. 
Mr.  Pope  argued  that  this  would  give  Illinois  a  closer 
connection  with  the  middle  States  and  so  "would  afford 
additional  security  for  the  perpetuity  of  the  Union." 
He  also  thought  that  in  this  way  more  attention  would 
be  drawn  to  the  plans  for  a  canal  between  Lake  Michi- 
gan and  the  Illinois  River  and  for  improving  the  harbor 
of  Chicago.  A  second  important  amendment  provided 
that  a  part  of  the  proceeds  of  the  sales  of  public  lands 
in  Illinois  should  be  given  to  the  State  for  the  support 
of  education.2  A  few  other  amendments  were  made, 
but  there  was  little  opposition  to  the  bill,  which  after 
being  passed  by  both  houses  was  signed  by  President 
Monroe  April  18,  1818. 

Provisions          This  enabling  act  gave  to  the  people  the  right  to 
of  the  form  a  State  constitution  on  certain  conditions   laid 

enabling  act. 

1  House  Journal,  isth  Cong.,  ist  sess.,  151,  174. 

2  Ibid.,  423-424,  428,  492 ;  Annals  of  Congress,  isth  Cong.,  II. 
1677-1678;  Senate  Journal,  328,  342,  354,  357.     For  the  Wis- 
consin view  of  this  change  from  the  ordinance  of  1787,  see 
Thwaites,  The  Boundaries  of  Wisconsin  (in  Wisconsin  Histor- 
ical   Society,    Collections,   XI.   494-501).     Efforts    were   made 
(1838-46)  to  restore  the  old  boundary  line. 


The  Old  Frontier  State  23 

down  by  Congress.  There  was  to  be  a  constitutional 
convention,  the  members  of  which  were  to  be  chosen  by 
the  white  male  citizens  who  had  been  six  months  in 
the  Territory.  The  delegates  must  first  decide  whether 
they  would  have  a  State  government  at  all.  After  that 
had  been  decided,  they  could  either  call  a  new  conven- 
tion to  frame  the  constitution  or  they  could  do  the  work 
themselves.  Nothing  was  said  about  giving  the  people 
a  chance  to  vote  on  the  constitution.  The  only  condi- 
tions imposed  by  Congress  with  regard  to  the  form  of 
the  government  were  that  it  must  be  republican  in  form 
and  not  in  conflict  with  the  Ordinance  of  1787  except 
in  the  matter  of  boundaries.  Congress  did  not,  how- 
ever, promise  to  recognize  the  new  State  unless  a  spe- 
cial census  should  show  at  least  forty  thousand  inhab- 
itants.1 

A  rather  doubtful  census  was  taken  which  was  made  The  conven- 
to  show  a  little  over  the  required  number.2  The  con-  tlon  of 
vention  was  elected  in  July  and  assembled  at  Kaskaskia 
in  August,  1818.  Thirty-two  members  signed  the  fin- 
ished constitution.  Most  of  them  were  farmers,  but 
among  the  very  few  lawyers,  there  was  one  young  man, 
Elias  Kent  Kane,  who  probably  had  the  most  influence 
in  forming  the  constitution.  The  journal  of  the  con- 
vention has  been  lost,  but  the  most  exciting  debate  was 
probably  on  the  subject  of  slavery.  A  compromise  was 
finally  adopted  providing  that  "neither  slavery  nor  in- 
voluntary servitude  shall  hereafter  be  introduced  into 
this  State."  The  old  indentures  of  negroes  were  rec- 
ognized, but  future  ones  of  a  similar  kind  were  forbid- 

1  U.  S.  Statutes  at  Large,  III.  428. 

2  Brown,  Early  History  of  Illinois  (in  Fergus  Historical  Se- 
ries, XIV.)  ;  Moses,  Illinois  Historical  and  Statistical,  I.  282. 


24  Government  of  Illinois 

den.     Until  1825,  negro  slaves  from  other  States  might 
be  employed  in  the  salt  works  about  Shawneetown.1 
The  first  There  was  little  originality  about  the  constitution. 

00'  ^  was  m°deled  on  those  of  the  neighboring  States  of 
Ohio,  Indiana,  and  Kentucky,  though  one  important 
provision  was  taken  from  New  York.2  The  powers  of 
government  were  to  be  distributed  among  three  depart- 
ments, executive,  judicial  and  legislative,  which  were  to 
be  kept  as  distinct  as  possible  from  each  other.3  The 
chief  executive  power  was  given  to  the  governor,  elected 
by  the  people  for  a  four  year  term,  with  a  lieutenant- 
governor  to  take  his  place,  if  necessary.4  The  legisla- 
tive power  was  given  to  the  general  assembly  consisting 
of  a  house  of  representatives  and  a  senate.  Both  the 
governor  and  the  members  of  the  general  assembly  were 
chosen  on  a  very  liberal  suffrage.  All  white  male  in- 
habitants who  had  lived  in  the  State  six  months  were 
allowed  to  vote.  Bills  which  had  been  passed  by  both 
houses  of  the  general  assembly  were  sent  to  a  Council 
of  Revision  consisting  of  the  governor  and  the  judges. 
If  the  Council  objected  to  the  bill,  it  might  still  become 
law  if  passed  again  by  a  majority  of  all  the  members 
elected  in  each  house.5  The  judicial  power  was  given 
to  a  supreme  court  and  such  inferior  courts  as  the  leg- 
islature might  establish.  The  judges  were  elected  by 
the  general  assembly,  and  like  the  Federal  judges  held 

1  Brown,  Early  History  of  Illinois,  86-88;  Ford,  History  of 
Illinois,  24;  Moses,  Illinois  Historical  and  Statistical,  I.  282- 
283 ;  Constitution  of  Illinois,  1818,  Art.  VI.,  in  Kurd,  Revised 
Statutes. 

3  Compare  these  constitutions  in  Poore,  Charters  and  Consti- 
tutions. 

*  Constitution  of  Illinois,  1818,  Art.  I. 

•Ibid.,  Art.  III. 

6  Ibid.,  Art.  II.,  Art.  III.  §  19. 


The  Old  Frontier  State  25 

office  during  good  behavior.  They  could  be  removed 
by  impeachment  or  by  an  address  agreed  to  by  two- 
thirds  of  the  members  of  each  house.1  The  most  im- 
portant area  of  local  government  in  the  State  as  a  whole 
was  the  county,  which  was  governed  by  three  elective 
county  commissioners.  The  people  of  each  county 
elected  also  a  sheriff  and  a  coroner.2  On  the  whole, 
however,  comparatively  few  officers  were  elected  by 
the  people.  The  governor's  appointing  power  was  also 
comparatively  small  under  this  constitution.  The  re- 
sult was  that  most  appointments  came  to  be  made  by 
the  general  assembly,  an  experiment  which  does  not 
seem  to  have  worked  well.3 

The  constitution  was  signed  August  26  and  the  first  First  State 
election  for  State  officers  was  held  in  September.    Shad-  electlons- 
rach  Bond,  formerly  a  Territorial  delegate,  was  elected 
governor,  and  Pierre  Menard,  the  most  prominent  of 
the  French  settlers,  lieutenant-governor.     A  represent- 
ative in  Congress  was  also  chosen,  and  in  October  the 
newly  elected  legislature  chose  two  United  States  sen- 
ators.    The  governor  and  all  three  of  the  State's  repre- 
sentatives in  Congress  were  natives  of  slave-holding 
States.4 

The  State  now  presented  itself  with  its  new  constitu-  The  state 
tion  for  final  admission  into  the  Union.     Some  anti-  ldmiT"ed  to 

the  Union. 

slavery  congressmen  objected  because  slavery  was  not 
altogether  prohibited,  but  the  joint  resolution  recogniz- 
ing Illinois  as  a  State  of  the  Union  was  finally  passed 
by  large  majorities  in  both  houses,  and  on  December  3, 

1  Constitution  of  Illinois,  1818,  Art.  IV. 
'Ibid.,  Art.  III.  §  11 ;  Schedule,  §  4. 
klbid.;  cf.  Art.  III.  §  22  with  the  schedule  §  10. 
'Ford,  History  of  Illinois,  26-29;  Moses,  Illinois  Historical 
ind  Statistical,  I.  ch.  20. 


26 


Government  of  Illinois 


the  resolution  became  a  law  by  the  signature  of  Presi- 
dent Monroe.  On  the  next  day,  the  Illinois  members 
were  admitted  to  both  houses  of  Congress  and  Illinois 
was  at  last  in  full  possession  of  all  the  rights  and  privi- 
leges of  Statehood  in  the  American  Union.1 


The 
frontier. 


The  people 
of  the  new 
State. 


ii.     FRONTIER  CONDITIONS 

The  people  of  the  new  State  lived  on  the  border  line 
between  settled  life  and  the  wilderness.  Beyond  them 
to  the  northwest  in  what  afterwards  became  the  States 
of  Iowa  and  Wisconsin  there  were  for  many  years  only 
a  few  hundred  white  people  living  in  widely  scattered 
garrisons  or  trading  posts.  In  1818,  the  northern  half 
of  Illinois  was  almost  wholly  unoccupied  by  white  set- 
tlers, and  even  in  the  southern  half  the  settlements  were 
often  separated  by  long  stretches  of  wilderness.  Com- 
munication with  the  seaboard  was  slow  and  difficult  and 
was  for  many  years  carried  on  mainly  by  the  Ohio  and 
Mississippi  rivers.  Steamboats  were  just  beginning  to 
ply  on  the  western  waters. 

The  people  of  this  frontier  State  were  chiefly  Ameri- 
cans from  the  older  States.  Governor  Ford,  who  was 
then  living  in  the  State,  estimated  that  in  1818,  there 
were  only  about  two  thousand  descendants  of  the  orig- 
inal French  settlers.  They  were  kindly,  social  people, 
but  unenterprising  for  the  most  part,  and  they  exerted 
only  a  very  slight  influence  on  the  subsequent  develop- 
ment of  the  State.  There  were  also  comparatively  few 
immigrants  of  foreign  birth.  The  American  settlers 
had  come  almost  wholly  from  Pennsylvania,  Ohio,  and 

1  Annals  of  Congress,  15th  Cong.,  2nd  sess.,  I.  296-298,  305- 
311;  Resolution  No.  i  in  U.  S.  Statutes  at  Large,  III.  536; 
House  Journal,  60,  61,  and  Senate  Journal,  52. 


The  Old  Frontier  State  27 

the  South.  The  most  important  immigration  came 
from  the  border  slave-holding  States,  Maryland,  Vir- 
ginia, Kentucky  and  Tennessee.  Few  of  these  southern 
immigrants,  however,  belonged  to  the  rich  slave-holding 
class  of  the  tide-water  country.  They  were  partly  poor 
whites  and  partly  of  the  "small-farmer"  class.  Some, 
at  least,  had  felt  the  demoralizing  influence  of  slavery 
upon  free  white  labor  and  were  glad  to  come  to  a 
country  where  slavery  was  prohibited.  In  1820,  there 
were  only  about  fourteen  hundred  negroes  in  the  State 
out  of  a  total  population  of  over  fifty-five  thousand. 
Of  these  fourteen  hundred,  917  were  counted  as  slaves.1 

The  more  restless  part  of  the  population  could  still  Economic 
devote  themselves  largely  to  hunting  and  fishing,  but 
the  great  majority  were  farmers.  There  were  no  man- 
ufactures of  any  importance  and  little  commerce  either 
within  the  State  or  with  places  outside  of  it.  The  aver- 
age family  had  to  supply  its  own  needs  in  large  part; 
not  only  in  food,  but  in  clothing  and  furniture.  Not  a 
single  town  in  the  State  had  more  than  a  few  hundred 
inhabitants  and  the  most  important  trading  centre 
within  easy  reach  of  Illinois  people  was  St.  Louis.  The 
political  wants  of  such  a  people  were  naturally  few  and 
simple.2 

12.     PROGRESS.     1818-1848 

One  of  the  most  important  factors  in  the  development  Public  land 
of  the  State  as  well  as  of  the  Territory  was  the  public  ^united 

1  Ford,  History  of  Illinois,  35-38;  Patterson,  Early  Society  in 
Southern  Illinois  (in  Fergus  Historical  Series,  XIV.),  104-105, 
112-114;  Reynolds,  My  Own  Times  (ed.  1855),  60-65;  U.  S. 
Census  for  1820. 

1  Patterson,  Early  Society  in  Southern  Illinois;  Reynolds,  My 
Own  Times,  ch.  35;  Ford,  History,  41-45. 


28  Government  of  Illinois 

land  policy  of  the  United  States  government.  In  1818 
there  were  two  serious  difficulties  in  the  management 
of  the  public  lands  in  Illinois.  One  was  the  inability 
of  many  settlers,  who  had  bought  their  land  partly  on 
credit,  to  make  their  payments.  These  payments  could 
hardly  have  been  enforced  without  causing  dangerous 
discontent  in  all  the  western  States.  Another  was  the 
occupation  of  public  lands  by  "squatters"  who  had  no 
intention  of  paying  anything  themselves  and  were  likely 
to  make  it  disagreeable  for  anyone  who  might  after- 
wards buy  the  land  from  the  United  States.  The  gov- 
ernment met  these  difficulties  by  a  series  of  important 
measures.  Those  who  were  already  in  debt  were  given 
somewhat  easier  terms  of  payment,  but  for  the  future 
all  public  lands  had  to  be  paid  for  in  full  when  they 
were  bought.  At  the  same  time,  the  price  was  reduced 
from  $2.00  an  acre  to  $1.25.  A  few  years  later,  Con- 
gress took  another  important  step  by  adopting,  as  a 
general  policy,  the  principle  of  preemption  or  preference 
to  existing  settlers,  which  had  already  been  applied  to 
settlers  who  had  come  into  Illinois  before  1813.  The 
result  of  all  these  measures  was  that  the  settlers  who 
now  came  to  Illinois  could  secure  at  low  prices  land 
which  was  surveyed  according  to  a  definite  and  con- 
venient system  and  to  which  they  could  obtain  safe 
titles.1 

The  Indian         For  some  years  after  the  admission  of  the  State,  the 

problem.         Indian  problem  was  still  important.     The  United  States 

government  steadily  carried  out  its  policy  of  buying  up 

the  Indian  claims  and  transferring  the  tribes  to  land 

1  U.  S.  Statutes  at  Large,  III.  566,  612 ;  Burnet,  Notes  on  the 
Early  Settlement  of  the  Northwest  Territory,  450-455 ;  Patter- 
son, Early  Society  in  Southern  Illinois,  107 ;  Donaldson,  Public 
Domain,  ch.  10. 


The  Old  Frontier  State  29 

west  of  the  Mississippi ;  but  the  final  withdrawal  of  the 
Indians  was  not  accomplished  without  some  outbreaks. 
In  1827,  there  was  a  small  outbreak  of  the  Winnebagoes 
and  a  few  other  Indians  in  the  northwestern  part  of  the 
State,  which  was  easily  disposed  of.1  A  more  serious 
affair  was  the  war  with  the  Sacs  and  Foxes,  which  is 
best  known  as  the  Black  Hawk  War.  The  Sacs  and 
Foxes  who  occupied  territory  in  northern  Illinois  had 
ceded  their  lands  in  1804  and  the  cession  had  been  con- 
firmed after  the  War  of  1812.  The  Indians,  however, 
were  allowed  to  occupy  these  lands  until  they  were  sold 
by  the  United  States  government  to  private  settlers.2 
As  settlers  began  to  come  in,  there  was  as  usual  trouble 
between  them  and  the  Indians.  The  Federal  Govern- 
ment then  tried  to  get  the  Indians  to  move  across  the 
Mississippi  and  most  of  them  did  so;  but  a  warlike 
party  among  them  led  by  Black  Hawk,  a  Sac  chief,  re- 
fused to  recognize  the  treaties  or  to  give  up  their  lands 
on  the  Illinois  side.  In  1831,  Governor  Reynolds 
called  on  the  regular  army  and  the  militia  to  defend  the 
State  against  what  he  called  the  invasion  of  Black 
Hawk  and  his  followers.  The  Indians  could  not  resist 
this  force  and  agreed  to  leave  the  State.  The  next  year, 
however,  Black  Hawk  came  back  and  a  small  war 
resulted  in  northern  Illinois  and  Wisconsin.  The  final 
result  was,  of  course,  the  crushing  defeat  of  the  In- 
dians; many  of  them  were  killed  and  Black  Hawk 
himself  became  a  prisoner.3  The  "Black  Hawk  War" 

1  Ford,  History  of  Illinois,  66-69.    War  Department  reports  in 
American  State  Papers,  Military  Affairs,  III.  617;  IV.  i. 

2  U.  S.  Statutes  at  Large,  VII.  (Indian  Treaties),  84-87,  134- 
136,  140-142. 

'Report  of  the  Secretary  of  War  (1832),  in  American  State 
Papers,  Military  Affairs,  V.  18,  23-25;  reports  of  the  Major- 


30  Government  of  Illinois 

is  important  chiefly  because  it  was  the  last  stand  of 
the  Indian  against  the  white  settler  in  Illinois.  In 
his  annual  report  for  1833,  Lewis  Cass,  the  Secretary 
of  War  under  Jackson,  was  able  to  say  that  with  a 
few  exceptions,  none  of  which  were  in  Illinois,  the 
States  of  the  Northwest  had  been  "cleared  of  the  em- 
barrassments of  Indian  relations,  and  the  Indians  them- 
selves have  either  already  emigrated,  or  have  stipu- 
lated to  do  so  within  limited  periods."  This  meant 
a  clear  field  in  Illinois  for  the  white  settler.1 

Not  only  was  Illinois  becoming  more  attractive  to 
new  settlers;  it  was  also  being  brought  nearer  to  the 
seaboard  by  improved  means  of  travel.  On  the  Ohio 
river,  which  had  been  the  great  highway  between  the 
East  and  West,  steamboats  were  crowding  out  the  old 
barges  and  flatboats.  By  1836,  a  small  part  of  the 
overland  journey  from  the  east  could  be  made  by  steam 
railroads  and  these  were  being  gradually  extended. 
The  Erie  Canal  and  steamboats  on  the  lakes  made  it 
possible  to  go  by  water  from  Albany  to  Chicago  and 
so  encouraged  immigration  into  Illinois  from  New 
York  and  New  England.2 

As  a  result  of  these  changes  the  population  of  Illinois 
increased  from  a  little  over  55,000  in  1820  to  over 
850,000  in  1850,  or  about  fifteen  times.  This  new 
population  came  largely  from  the  free  States  of  the 
Northeast  and  settled  in  the  northern  half  of  the  State. 
There  were,  however,  many  foreign  immigrants,  chiefly 

General  commanding  the  Army,  ibid.,  IV.  717;  V.  29-31 ;  Ford, 
History,  chs.  4-5 ;  Reynolds,  My  Own  Times,  chs.  72-93. 

1  American  State  Papers,  Military  Affairs,  V.  172. 

2  Hall,  The  West;  Its  Commerce  and  Navigation,  ch.  8;  Peck, 
A  New  Guide  for  Emigrants  to  the  West,  ch.  15  (ed.  1837). 


The  Old  Frontier  State  31 

German  and  Irish.  One  of  the  most  striking  features 
of  this  development  was  the  growth  of  Chicago.  It 
was  incorporated  as  a  village  in  1833  and  as  a  city  in 
1837,  but  even  in  1840,  there  were  less  than  four  thou- 
sand inhabitants.  It  was  developing  rapidly,  however, 
as  a  lake  port,  and  by  1850  had  a  population  of  nearly 
thirty  thousand.1 

13.     PROBLEMS  OF  GOVERNMENT.     1818-1847 

Slavery  had  existed  among  the  French  settlers  of  Slavery. 
Illinois  long  before  it  became  American  territory,  and 
their  right  to  this  kind  of  property  had  been  respected 
by  the  United  States  government  in  spite  of  the  Ordi- 
nance of  1787.  Still  the  "Sixth  Article"  remained  on 
the  statute  books  in  spite  of  all  attempts  to  repeal  it. 
Slavery  continued  to  exist,  but  its  growth  was  effect- 
ually checked.  The  constitution  of  1818  had  been  a 
compromise  and  so  did  not  satisfy  either  party.  A 
determined  effort  was  soon  made  to  break  down  the 
barrier  against  slavery  in  Illinois.  In  1823,  the  legisla- 
ture passed  and  submitted  to  the  people  a  resolution 
calling  for  a  convention  to  amend  the  constitution.  It 
was  understood  that  the  constitution  was  to  be  made 
more  favorable  to  slavery.  Fortunately  the  anti-slavery 
party  had  a  strong  leader  in  Governor  Edward  Coles,  a 
former  Virginia  slave  owner  who  had  freed  his  slaves. 

The  vote  was  not  taken  until  1824,  and  in  the  mean-  The  slavery 

time  there  was  a  vigorous  debate  all  over  the  State.   c°ntroversy- 

1823-1824. 
The  proslavery  men  claimed  that  while  Illinois  was 

suffering  from  "hard  times,"  desirable  immigrants  were 
passing  through  to  Missouri,  which  had  just  been  ad- 

1  Compendium  of  the  Seventh  Census,  40;  cf.  Moses,  Illinois 
Historical  and  Statistical,  I.,  II.,  Appendices. 


Government  of  Illinois 


Status  of 
the  negro 
after  1824. 


The  Mor- 
mons in 
Illinois. 


mitted  as  a  slave  State.  The  southern  born  settlers 
were  not  all,  however,  on  the  proslavery  side.  Next  to 
Governor  Coles,  the  most  important  politician  of  the 
anti-slavery  party  was  probably  Congressman  Cook, 
who  came  from  Kentucky.  Two  other  important  anti- 
slavery  leaders  were  Morris  Birkbeck,  one  of  the 
founders  of  an  English  colony  in  Edwards  County,  and 
Rev.  John  M.  Peck,  a  Baptist  minister  from  Connecti- 
cut. The  majority  in  the  older  southern  counties  of 
the  State  was  in  favor  of  the  convention,  but  the  new 
counties  to  the  north  gave  so  overwhelming  a  majority 
against  it,  that  the  pro-slavery  party  was  decisively 
beaten.1 

The  people  of  Illinois  were  not,  however,  radical 
abolitionists  or  believers  in  the  equality  of  the  races. 
Though  the  number  of  slaves  gradually  diminished, 
slavery  was  not  absolutely  abolished  until  1848.  The 
free  negro  could  not  vote,  or  give  his  testimony  against 
a  white  man  and  he  was  treated  in  general  as  belonging 
to  an  inferior  race.  Yet  after  all,  the  great  fact  was 
that  Illinois  was  to  be  a  free  State,  where  the  labor  of 
freemen  would  not  have  to  come  into  degrading  com- 
petition with  the  labor  of  slaves. 

The  anti-slavery  victory  in  1824  had  prevented  the 
immigration  of  one  undesirable  element,  the  negro 
slaves.  Twenty  years  later,  the  people  of  the  State  by 
various  means,  lawful  and  unlawful,  excluded  another 
class  of  people  who  seemed  to  them  objectionable.  The 
Mormon  Church  founded  by  Joseph  Smith  in  New 
York  had  been  set  up  for  a  time  in  Missouri.  This 
settlement,  however,  was  soon  broken  up  and  they  took 
refuge  in  Illinois.  Thomas  Ford,  then  governor,  esti- 


1  Washburne,  Sketch  of  Edward  Coles. 


The  Old  Frontier  State  33 

mated  that  by  1843  there  were  16,000  of  these  people 
in  Hancock  County,  besides  a  large  number  in  other 
counties.  They  secured  liberal  charters  from  the  State 
legislature,  and  set  up  at  Nauvoo  on  the  Mississippi  a 
peculiar  and  largely  independent  government  of  their 
own,  with  Joseph  Smith  at  its  head.  Soon,  however, 
they  got  into  trouble  with  their  neighbors  and  were 
charged  with  polygamy  and  other  kinds  of  lawless  con- 
duct. By  1844,  a  small  civil  war  had  broken  out  in 
Hancock  County  between  the  Mormons  and  their 
enemies.  The  State  government  tried  to  settle  the 
difficulties  in  an  orderly  way,  but  the  spirit  of  mob 
violence  was  too  strong.  Joseph  Smith  and  his  brother, 
who  had  been  arrested  and  put  in  jail,  were  taken  out 
by  a  mob  and  murdered.  After  two  years  of  confusion 
and  bloodshed,  the  Mormons  were  finally  forced  out 
of  the  State  in  I846.1 

During  these  early  years,  the  State  government  made  Financial 
some  unfortunate  business  experiments.  One  of  these 
was  State  banking.  In  1821,  when  money  was  scarce 
and  people  were  suffering  from  hard  times,  the  gen- 
eral assembly  chartered  a  State  bank,  with  several 
branches,  which  was  intended  to  do  business  on  the 
credit  of  the  State.  The  bank  was  to  issue  notes  and 
lend  them  on  easy  terms  to  private  individuals.  The 
experiment  was  an  utter  failure.  The  bank  finally 
went  to  pieces,  and  in  1831  its  affairs  were  cleared  up 
by  the  State,  which  had  to  borrow  what  was  then  con- 
sidered a  large  sum  of  money  to  redeem  the  depre- 

1  Ford,  History  of  Illinois,  chs.  10,  n,  13 ;  Moses,  Illinois  His- 
torical and  Statistical,  I.,  ch.  30;  Illinois  Senate  Reports,  1846-7, 


34  Government  of  Illinois 

dated  notes.1  In  1835,  another  State  bank  was  chart- 
ered. This  also  was  badly  managed  and  during  the 
great  panic  of  1837  na^  to  suspend  payment.  Its  notes 
depreciated  in  value  until  finally  it  went  to  pieces  in 
1842.  This  was  the  last  attempt  of  the  State  to  go 
into  the  banking  business.2 

internal  im-  The  State  also  undertook  to  carry  out  great  plans  of 
provements.  jnternai  improvement.  One  of  these,  the  Illinois  and 
Michigan  Canal,  was  successful.  The  idea  of  a  canal 
connecting  Lake  Michigan  with  the  Illinois  River  and 
so  with  the  Mississippi  had  been  talked  of  for  many 
years.  Grants  of  land  were  made  for  this  purpose  by 
the  United  States,  and  in  1835  the  legislature  finally 
authorized  a  loan  for  the  building  of  the  canal.  Work 
was  begun  in  1836 ;  by  April,  1848,  the  canal  was  ready 
for  use  along  its  whole  length;  and  during  the  next 
twenty  years  it  was  an  important  highway  of  com- 
merce.8 In  other  schemes,  the  State  was  much  less 
successful.  In  1837,  tne  legislature  appropriated  ten 
millions  of  dollars  for  a  great  system  of  railroads  and 
other  internal  improvements.  Money  was  borrowed 
and  some  work  was  actually  begun ;  but,  after  running 
up  a  heavy  debt  and  bringing  the  State  to  the  verge  of 
bankruptcy,  the  great  "system"  was  finally  abandoned 
in  1840.  About  fifty  miles  of  railroad  had  been  finished 
and  this  was  afterwards  sold  by  the  State  at  a  heavy 
loss.4 

x  Ford,  History  of  Illinois,  45-48;  Laws  of  Illinois,  1821,  80- 
93 ;  1831,  178-185. 

1  Ford,  History  of  Illinois,  chs.  6,  7;  Laws  of  Illinois,  1835, 
7-22 ;  1843,  21-26. 

8  Moses,  Illinois  Historical  and  Statistical,  I.,  ch.  29 ;  Ford, 
History  of  Illinois,  179-181,  370-395. 

4  Laws  of  the  State  of  Illinois,  1837,  121-151 ;  ibid.,  1840,  166- 
168;  Ford,  History  of  Illinois,  182-198;  Moses,  Illinois  His- 


The  Old  Frontier  State  35 

As  a  result  of  these  reckless  experiments,  the  State  The  state 
had  incurred  a  heavy  debt,  its  credit  was  seriously  in-  debt 
jured  and  its  bonds  were  selling  below  par.  The  fever 
for  speculation  and  the  depreciated  currency  had  left 
the  people  so  poor  that  they  could  hardly  find  ready 
money  to  pay  the  existing  taxes,  even  without  the  new 
ones  which  were  needed  if  the  debt  was  to  be  paid. 
There  was  some  talk  of  repudiating  either  the  whole 
debt  or  a  part  of  it.  From  this  disgrace,  the  State  was 
saved  largely  by  the  courage  and  intelligent  leadership 
of  Governor  Thomas  Ford,  who  came  into  office  in 
December,  1842.  Acting  largely  on  his  advice,  the 
legislature  adopted  a  plan  by  which  the  debt  could  be 
gradually  reduced  without  imposing  too  heavy  a  burden 
of  taxes  upon  the  people  at  any  one  time.  Illinois  had 
passed  through  a  trying  crisis,  but  she  had  come  out  of 
it  with  honor.1 

While  the  State  was  working  at  these  financial  and  Public 
industrial  problems,  some  progress  had  also  been  made  schools- 
with  public  education.  At  first  the  school  lands  which 
had  been  granted  by  the  United  States  had  brought  in 
little  or  no  revenue,  and  a  law  passed  in  1825  authoriz- 
ing the  people,  of  each  locality  to  tax  themselves  for  the 
support  of  schools  was  so  unpopular  that  it  was  soon 
repealed.  A  little  later,  however,  many  of  the  towns 
sold  their  school  lands  and  used  the  money  for  the  sup- 
port of  free  public  schools.  In  the  meantime  a  few 
colleges  had  been  founded  by  people  connected  with 

torical  and  Statistical,  I.,  ch.  28;  Davidson  and  Stuve,  History 
of  Illinois,  442-448. 

1  Senate  Journal,  1842-3,  33-34  (Governor  Ford's  message)  ; 
Session  Laws,  1843,  21-36,  287,  191-194;  Ford,  History  of  Illi- 
nois, 291-310;  Moses,  Illinois  Historical  and  Statistical,  I., 
ch.  29. 


Government  of  Illinois 


Formation 
of  political 
parties. 


Illinois  con- 
servative on 
the  slavery 
question. 


various  religious  denominations  and  the  teachers  in 
them  took  an  active  part  in  awakening  public  opinion 
in  favor  of  a  complete  school  system.  At  first,  how- 
ever, these  colleges  were  looked  upon  with  suspicion 
and  had  great  difficulty  in  securing  charters  of  incor- 
poration.1 

14.     EARLY  POLITICS  OF  THE  STATE 

At  first  political  contests  in  Illinois  were  almost  wholly 
personal.  Prominent  politicians  had  their  followers 
but  there  were  no  organized  parties  as  there  are  to-day. 
During  the  thirties,  however,  the  two  great  national 
parties  calling  themselves  Democrats  and  Whigs  ap- 
peared in  Illinois  as  in  other  parts  of  the  country.  The 
Democratic  party  was  the  first  to  adopt  the  policy  of 
nominating  conventions,  which  was  afterwards  taken 
up  by  the  Whigs.  The  Democrats  always  had  a  much 
stronger  organization  and  the  Whigs  were  never  able 
to  elect  a  governor  or  more  than  a  small  minority  of  the 
congressmen.2 

For  a  quarter  of  a  century,  the  political  leaders  of 
the  State  were  mainly  men  of  southern  birth.  Every 
one  of  the  first  six  governors  came  to  Illinois  from  the 
South  and  all  but  one  were  natives  of  slave-holding 
States.  During  the  same  period,  Illinois  elected  eight 
men  as  senators  and  eight  men  as  representatives  in 
Congress.  Of  the  eight  senators  one  was  born  in 
Illinois  and  one  in  New  York.  The  rest  came  from 
Maryland,  North  Carolina,  and  Kentucky.  Of  the 
eight  representatives,  all,  with  possibly  one  exception, 

1  Pillsbury,£ar/y  Education  in  Illinois  (in  i6th  Biennial  Report 
of  the  Superintendent  of  Public  Instruction),  CIV.-CLXIV. 

2  Ford,  History  of  Illinois,  especially  chs.  2,  3,  8 ;  cf.  Sheahan, 
Douglas,  chs.  2,  3. 


The  Old  Frontier  State  37 

came  to  Illinois  from  Kentucky  or  Tennessee.1  It  was 
natural,  therefore,  that  Illinois  should  have  little  sym- 
pathy with  radical  views  on  the  slavery  question.  In 
1837  both  houses  of  the  legislature  passed  resolutions 
condemning  anti-slavery  agitation.  In  the  same  year, 
Elijah  P.  Love  joy  was  murdered  by  a  mob  at  Alton  and 
conservative  men  like  the  governor  of  the  State,  while 
condemning  mob  violence,  thought  Lovejoy  himself 
largely  responsible.2  In  Congress,  the  Illinois  repre- 
sentatives voted  solidly  for  the  first  of  the  so-called 
"gag  rules"  intended  to  prevent  the  consideration  of 
abolitionist  petitions,  and  when  the  last  of  these  rules 
was  repealed  in  1844,  only  two  of  the  seven  Illinois 
representatives  voted  on  the  anti-slavery  side.3  These 
two  men,  however,  stood  for  a  minority  which  was 
steadily  gaining  in  strength,  especially  in  northern  Illi- 
nois, largely  as  the  result  of  the  increasing  "Yankee" 
immigration. 

15.    THE  CONVENTION  OF  1847  AND  THE  NEW 
CONSTITUTION 

After  nearly  thirty  years  of  growth  and  experiment  The  second 
constitutional  changes  were  naturally  thought  desirable,  Constitution 
partly  to  correct  mistakes  and  partly  to  meet  the  changed  adopted, 
conditions.     Under  the  first  constitution,  amendments 
could  only  be  made  by  the  calling  of  a  convention.     In 
1841,  the  legislature  voted  in  favor  of  such  a  conven- 

1  Moses,  Illinois  Historical  and  Statistical,  passim;  Bateman 
and  Selby,  Historical  Encyclopaedia  of  Illinois. 

2  Kirby,  Biographical  Sketch  of  Joseph  Duncan  (Fergus  Hist. 
Series,   29);   Nicolay   and   Hay,   Lincoln,   I.,   ch.  8;   Lincoln, 
Works,  I.  15. 

3  Cong.  Globe,  24th  Cong.,  ist  sess.,  505 ;  ibid.,  28th  Cong.,  2nd 
sess.,  7. 


38  Government  of  Illinois 

tion,  but  the  resolution  was  not  ratified  by  the  people. 
In  1846,  however,  another  resolution  was  ratified  by  a 
large  majority.1  The  convention  met  June  7,  1847, 
and  finished  its  work  August  31.  Among  its  members, 
there  was  a  considerable  number  of  eminent  lawyers. 
Two  had  served  as  judges  of  the  State  Supreme  Court 
and  one  (David  Davis)  afterwards  became  a  justice 
of  the  Supreme  Court  of  the  United  States.  The  new 
constitution  was  submitted  to  a  vote  of  the  people  at  a 
special  election  held  in  March,  1848,  and  was  ratified 
by  a  majority  of  nearly  four  to  one.  Two  articles  to 
which  there  had  been  opposition  were  submitted  sepa- 
rately and  these  also  were  adopted  by  somewhat  smaller 
majorities.  The  new  constitution  finally  went  into 
effect  April  I,  i848.2 

The  work  of  the  convention  of  1847  can  be  best  un- 
derstood by  comparing  the  constitution  which  it  adopted 
with  that  of  1818.  In  one  respect,  it  was  less  demo- 
cratic. The  constitution  of  1818  gave  the  right  to  vote 
to  all  free  white  male  inhabitants  and  under  this  pro- 
vision foreigners  were  allowed  to  vote  before  being 
naturalized.  The  new  constitution  allowed  only  citi- 
zens of  the  United  States  to  vote.3  In  general,  how- 
ever, the  new  constitution  was  much  more  democratic, 
because  it  provided  for  more  direct  action  by  the  people 
themselves  in  the  work  of  government.  This  is  seen, 
first,  in  the  provision  that  the  new  constitution  should 
be  submitted  to  the  people  for  their  approval.  This 

1  Laws  of  Illinois,  1841,  359 ;  ibid.,  1847,  33-36 ;  Senate  Reports, 
1846-7,  73-76. 

2  Journal  of  the  Convention,  1847;  Laws  of  the  State  of  Illi- 
nois, 1849,  3 ;  Moses,  Illinois  Historical  and  Statistical,  II.,  ch. 
32 ;  Davidson  and  Stuve,  History  of  Illinois,  ch.  44. 

*  Constitution  of  Illinois,  1848,  Art.  VI.  §  i ;  cf.  Sheahan,  Ste- 
phen  A.  Douglas,  44-47. 


The  Old  Frontier  State  39 

had  not  been  done  in  iSiS.1  Even  in  the  making  of 
laws,  the  legislature  was  required  in  certain  cases  to 
submit  its  action  to  a  popular  vote,  or  what  would  be 
called  today  a  referendum.2  The  people  also  had  much 
more  to  do  with  the  choice  of  public  officers.  Under 
the  constitution  of  1818,  some  were  appointed  by  the 
governor,  a  very  large  number  by  the  legislature,  and 
very  few  by  the  people.  This  system  had  worked  badly 
and  the  legislature  particularly  had  been  demoralized 
by  having  so  much  patronage  to  distribute.  Under  the 
new  constitution,  nearly  all  important  State  and  local 
officers  were  to  be  elected  by  the  people.  Even  the 
judges  who  had  previously  been  elected  by  the  legisla- 
ture for  life  and  could  be  removed  only  by  impeachment 
or  by  a  two-thirds  vote  of  both  houses  of  the  legislature, 
were  now  to  be  elected  by  the  people  directly  for  fixed 
terms,  judges  of  the  Supreme  Court  serving  for  nine 
years  and  others  for  shorter  terms.3 

Under  the  constitution  of  1818,  the  legislature  had  Power  of 
been  given  large  powers  and  almost  complete  freedom  t^lfmit 
in  the  use  of  them.     The  new  constitution  was  full  of 
restrictions  upon  the  power  of  the  legislature.     It  was 
forbidden  to  charter  State  banks,  to  make  appropria- 
tions in  excess  of  revenue,  to  borrow  more  than  $50,000, 
unless  authorized  to  do  so  by  a  special  vote  of  the  people, 
or  to  lend  the  credit  of  the  State  for  private  enterprises.4 
These  provisions  show  clearly  how  the  mistakes  of  the 
early  legislatures  had  made  the  people  suspicious  of 

1  Constitution  of  Illinois,  1848,  Preamble  and  Schedule,  §§  4, 
10. 

2  Ibid.,  Art.  III.  §  37 ;  Art.  X.  §  5. 

'Ibid.,  Art.  IV.  §  12;  Art  V.;  cf.  with  Constitution  of  1818, 
Schedule,  §  10,  and  Art.  IV.  §§  4,  5- 

4  Constitution  of  Illinois,  1848,  Art.  III.  §§  37,  38;  Art.  IV.  §§ 
5,  22-24;  Art.  V.  §  10 ;  Art.  X.  §  3. 


4O  Government  of  Illinois 

their  representatives  and  disposed  to  tie  their  hands. 
Probably  the  most  honorable  thing  in  these  constitu- 
tional restrictions  was  the  determination  shown  to 
guard  the  financial  honor  of  the  State.  This  was  also 
provided  for  by  Article  XV  which  established  a  special 
annual  tax  of  two  mills  on  the  dollar  to  be  used  exclu- 
sively for  the  payment  of  the  State  debt. 

Powers  of  The  powers  of  the  governor  were  not  much  changed, 
he  governor.  except  ^at  j^  was  given,  for  the  first  time,  an  independ- 
ent veto  power,  the  old  council  of  revision  being  abol- 
ished. This  was,  however,  a  very  weak  veto,  for  a 
majority  in  each  of  the  houses  could  pass  a  bill  after 
the  governor  had  rejected  it.1 

Legal  dis-  An  important  part  of  the  constitution  of  1848  was  its 

crimination     treatment  of  the  colored  people.     Slavery  was  now.  for 

against  the  * 

negro.  the  first  time,  absolutely  prohibited  in  the  State,  but  the 

negro  was  not  yet  given  the  ordinary  duties  and  privi- 
leges of  citizenship.  He  was  not  liable  to  militia  ser- 
vice or  the  payment  of  poll  taxes  and  he  could  not  vote. 
The  strong  feeling  against  free  negroes  was  best  shown 
by  Article  XIV  of  the  constitution  which  required  the 
legislature  to  adopt  at  once  laws  which  would  prevent 
the  immigration  of  free  negroes  into  the  State  and 
would  also  prevent  slaveholders  from  bringing  in  their 
slaves,  as  Governor  Coles  had  done,  in  order  to  set  them 
free.2 

Township  The  constitution  of  1848  is  also  noteworthy  because 

it  made  possible  a  radical  change  in  the  system  of  local 
government.  The  early  settlers  of  the  State  coming 
largely  from  the  South  had  been  accustomed  to  what  is 
called  the  county  system,  in  which  the  county  was  the 

1  Constitution  of  Illinois,  1848,  Art.  IV.  §  21. 
'Ibid.,  Art.  XIII.  §  16;  Art.  VI.  §  i ;  Art.  VIII.  §'i ;  Art.  IX. 
§  i ;  Art.  XIV. 


The  Old  Frontier  State  41 

unit  of  local  government,  without  any  township  organ- 
ization.1 The  new  settlers  from  New  York  and  New 
England  were,  however,  accustomed  to  some  form  of 
township  government  and  through  their  influence  the 
constitution  now  provided  that  the  legislature  should 
pass  a  law  authorizing  the  majority  of  the  voters  in  any 
county  to  adopt  the  township  system.  Under  this  sys- 
tem the  county  board  was  to  be  made  up  of  supervisors 
representing  the  various  towns.  During  the  next  few 
years,  the  northern  and  central  counties  were  generally 
organized  on  this  plan,  which  has  sometimes  been  called 
the  county-township  plan  because  it  is  a  compromise  be- 
tween the  Virginia  and  New  England  principles.2 

The  new  constitution  was  much  longer  and  more  constitu- 
elaborate  than  that  of   1818.     There  was,  therefore,  tional 

amendments. 

greater  need  for  a  comparatively  simple  way  of  cor- 
recting mistakes  which  might  be  found  by  experience. 
The  new  constitution  made  it  somewhat  easier  to  cor- 
rect particular  articles.  One  article  at  a  time  might  be 
amended,  if  the  amendment,  after  being  recommended 
by  two  successive  legislatures,  the  first  time  by  a  two- 
thirds  vote,  should  be  ratified  by  the  people  at  a  general 
election.8 

'The  word  town  was  used  before  1848  in  nearly  the  same 
sense  as  the  word  -village  to-day.  Thus  the  town  government  of 
Chicago  in  1833  was  what  would  now  be  called  a  village  govern- 
ment. See  below,  ch.  7. 

*  Constitution  of  Illinois,  1848,  Art.  VII.  §  6. 

•Ibid.,  Art  XII. 


CHAPTER  III 

THE   NEW   INDUSTRIAL   STATE— 1848-1901 

16.    REFERENCES 

Secondary  Authorities:  Moses,  Illinois  Historical  and  Sta- 
tistical, II. ;  Davidson  and  Stuve,  Complete  History  of  Illinois; 
Dresbach,  Young  People's  History  of  Illinois;  Anthony,  Consti- 
tutional History  of  Illinois,  chs.  22-36 ;  Lusk,  Politics  and  Poli- 
ticians of  Illinois;  Andreas,  History  of  Chicago,  3  vols. ;  county 
and  other  local  histories ;  Smith,  Liberty  and  Free  Soil  Parties 
in  the  Northwest;  Nicolay  and  Hay,  Abraham  Lincoln,  A  His- 
tory, and  the  numerous  other  lives  of  Lincoln ;  Sheahan,  Ste- 
phen  A.  Douglas;  see  also  lives  or  memoirs  of  other  public  men, 
e.  g.,  Wentworth,  Palmer,  Logan,  Grant. 

Sources  :  Lincoln,  Works  (ed.  Nicolay  and  Hay)  ;  The  Amer- 
ican Annual  Cyclopaedia,  1861-1903;  General  Assembly  of  Illi- 
nois, Journals  of  the  House  and  Senate,  and  Reports;  The  Laws 
of  the  State  of  Illinois,  1849-1903  (session  laws)  ;  Supreme  Court 
of  Illinois,  Reports;  Constitutional  Convention  (1862),  Pro- 
ceedings; Constitutional  Convention  (1869-70),  Proceedings 
and  Debates;  Report  of  the  Adjutant-General  of  Illinois,  1861- 
66,  8  vols.,  esp.  I.  (For  bibliography  of  State  publications,  see 
Bowker,  State  Publications,  Part  II.,  229-249)  ;  U.  S.  Census 
Reports  (1850-1900)  ;  Official  Records  of  the  Union  and  Confed- 
erate Armies,  Third  Series,  I.,  IV. 

17.     SECTIONAL  CONTROVERSIES  IN   STATE  AND  NA- 
TIONAL POLITICS.     1848-1870 

The  anti-  During  the  next  twenty  years  after  the  adoption  of 

slavery  ^    seconj  State  constitution,  the  most  prominent  thing 

movement. 

in  Illinois  politics  is  the  conflict  of  parties  in  the  State 
on  great  national  issues  of  a  sectional  character,  par- 
ticularly those  relating  to  slavery.  During  the  early 

42 


The  New  Industrial  State  43 

years  of  Statehood,  Illinois  had  been  very  conservative 
on  these  questions.  There  had  been  radical  anti- 
slavery  men  and  anti-slavery  societies,  but  the  general 
sentiment  of  the  State  was  against  them.1  This  was 
particularly  true  of  the  Democratic  party.  Already, 
however,  there  were  indications  of  a  change.  The 
northern  counties  of  the  State  grew  much  more  rapidly 
than  the  southern  and  these  northern  counties  were  rap- 
idly being  filled  by  settlers  from  New  York  and  New 
England  who  were  strongly  northern  in  their  views 
of  the  slavery  question.  The  German  immigrants  who 
were  coming  to  Illinois  in  large  numbers,  had  at  first 
supported  the  Democratic  party,  but  they  did  not  like 
the  pro-slavery  and  extreme  States-rights  views  of  the 
Southern  Democrats.  When  the  Kansas-Nebraska  bill 
of  1854  repealed  the  Missouri  Compromise  prohibiting 
slavery  in  the  old  Louisiana  Territory  north  of  36°  30', 
many  of  these  German  Democrats,  together  with  other 
moderate  anti-slavery  men,  joined  the  radical  abolition- 
ists in  forming  the  new  Republican  party,  which  held 
its  first  State  convention  at  Bloomington  in  i856.2 

During  the  next  four  years,  the  State  was  pretty  Lincoln  and 
evenly  divided  between  the  two  parties,  the  most  in-  D°u«las- 
teresting  single  event  being  the  great  senatorial  con- 
test of  1858  between  Stephen  A.  Douglas,  the  author 
of  the  Kansas-Nebraska  bill,  and  Abraham  Lincoln, 
the  Republican  candidate.     Douglas  was  able  to  keep 
his  place  in  the  Senate  of  the  United  States,  but  the 
election  showed  that  Illinois  was  becoming  more  and 
more  northern  in  its  political  sympathies.      These  two 
Illinois  men  became  in  1860  the  leaders  of  the  two 

1  See  on  this  subject  Smith,  Liberty  and  Free  Soil  Parties  in 
the  Northwest. 

2  Cf.  Koerner,  Das  Deutsche  Element,  ch.  13. 


44 


Government  of  Illinois 


great  political  parties  of  the  North.  The  presidential 
election  was  hotly  contested  in  this  State,  the  northern 
counties  generally  going  for  Lincoln  and  those  of  the 
south  for  Douglas.  Lincoln,  however,  gained  many 
votes  in  the  central  counties  and  so  was  able  to  carry 
the  State. 

Though  the  State  was  divided  on  the  question  of 
slavery  and  though  many  Illinois  people  believed  that 
the  policy  of  the  Republicans  was  unjust  to  the  South, 
few  of  them  were  ready  to  accept  secession.  When 
in  April,  1861,  the  southerners  fired  on  Fort  Sumter 
and  Lincoln  issued  his  famous  call  for  troops,  the  Illi- 
nois Democrats  generally  followed  their  leader,  Stephen 
A.  Douglas,  in  pledging  their  support  to  the  Union. 
During  the  Civil  War,  Illinois  furnished  to  the  Union 
armies  the  equivalent  of  214,133  men  enlisted  for  three 
years  service,  or  about  238  three  year  enlistments  for 
every  thousand  of  the  male  population  in  1860.  Nearly 
35,000  of  these  men  were  killed  or  died  of  disease  in 
the  service  or  died  in  southern  prisons.1 

Though  the  State  responded  generously  to  the  call 
for  volunteers  and  its  governor,  Richard  Yates,  was  an 
aggressive  supporter  of  the  national  administration, 
there  was  during  the  war  much  dissatisfaction,  espe- 
cially in  southern  Illinois,  with  the  policies  of  President 
Lincoln  and  his  party.  This  feeling  was  first  shown 
clearly  in  the  constitutional  convention  of  1862.  The 
people  had  voted  in  favor  of  this  convention  before  the 
outbreak  of  the  war,  and  there  was  real  need  of  con- 
stitutional reforms.  The  convention,  however,  was 

1  War  Department,  Official  Records  of  the  Union  and  Confed- 
erate Armies,  Third  Series,  IV.  1269;  Report  of  Provost  Mar- 
shal General,  1866  (in  House  Ex.  Doc.  3Qth  Cong.,  ist  sess., 
IV)  ;  Moses,  Illinois  Historical  and  Statistical  II.  731. 


The  New  Industrial  State  45 

controlled  largely  by  Democrats  from  the  southern 
counties  and  much  of  its  time  was  spent  in  discussing 
the  conduct  of  the  State  and  national  governments. 
The  Republicans  believed  also  that  the  constitution 
which  was  formed  by  the  convention  was  largely  in- 
tended for  the  advantage  of  the  Democratic  party. 
The  constitution  as  a  whole  was  defeated  by  a  large 
majority,  but  separate  articles  prohibiting  the  immi- 
gration of  free  negroes  and  limiting  the  suffrage  to 
whites  were  carried.1 

Lincoln's  emancipation  proclamation  of  September,  The 
1862,  was  at  first  very  unpopular  in  Illinois  and  in  the  l*^rt  of 
next  elections  the  Republicans  were  badly  beaten.  The 
legislature  of  1863  voted  to  ratify  an  amendment  to  the 
Constitution  of  the  United  States  providing  that  no 
amendment  should  ever  be  made  interfering  with  slav- 
ery in  the  States,2  and  the  House  of  Representatives 
even  passed  resolutions  calling  for  an  armistice  between 
the  Union  and  Confederate  armies.  This  legislature 
was  finally  prorogued  or  adjourned  by  Governor  Yates. 
Some  of  the  members  of  this  opposition  party  were 
honest  and  patriotic  men  who  were  simply  opposing 
what  they  considered  to  be  unwise  or  unconstitutional 
measures  of  the  Federal  and  State  governments. 
There  was,  nevertheless,  some  real  disloyalty  as  was 
shown,  for  example,  in  1864  by  what  is  known  as  the 
"Camp  Douglas  Conspiracy"  to  set  free  Confederate 
prisoners  kept  at  Chicago. 

1  Journal  of  the  Convention ;  Dickerson,  The  Illinois  Consti- 
tutional Convention  of  1862  (Mss.  thesis  in  library  of  the  Uni- 
versity of  Illinois).  The  convention  of  1862  is  also  notable  be- 
cause it  claimed  the  right  not  only  to  frame  a  constitution,  bat 
to  exercise  all  the  powers  of  the  State  government. 

"Public  Laws,  1863,  41,  42. 


46 


Government  of  Illinois 


Anti-slavery  feeling  was  steadily  growing,  however. 
In  the  presidential  election  of  1864,  Illinois  again  gave 
to  the  negro,  its  electoral  votes  to  Lincoln.  In  1865  the  new  legisla- 
ture exactly  reversed  the  policy  of  the  last  one  and  was 
the  first  in  the  Union  to  ratify  the  "thirteenth  amend- 
ment," as  we  now  know  it,  prohibiting  slavery  every- 
where under  the  American  flag.1  The  same  legislature 
of  1865  repealed  the  so-called  "black  laws"  which  had 
refused  the  negro  equal  rights  before  the  law.  A  little 
later,  Illinois  ratified  the  fourteenth  and  fifteenth  amend- 
ments to  the  Federal  Constitution  which  were  particu- 
larly intended  to  give  full  civil  and  political  rights  to 
the  negroes  of  the  southern  States.  Thus  Illinois  ac- 
cepted for  itself  and  for  the  nation  the  principle  of  the 
political  and  legal  equality  of  the  races.2 

18.    ECONOMIC   DEVELOPMENT.     1848-1870 

Growth  of  This  period  of  sectional  conflict  was  also  a  period  of 
population.  rapjd  growth  in  population  and  wealth.  The  popula- 
tion of  the  State  in  1870  was  about  two  and  a  half 
millions,  about  three  times  that  of  1850.  Chicago  grew 
out  of  all  proportion  to  the  rest  of  the  State.  During 
the  war  decade,  Cook  County  increased  at  the  rate  of 
about  140  per  cent,  as  against  less  than  40  per  cent,  for 
the  rest  of  the  State.  About  four-fifths  of  the  people 
of  this  county  were  either  foreign  born  themselves  or 
the  children  of  foreign  fathers  or  mothers.3 
industrial  The  occupations  and  interests  of  these  people  had. 

interests. 

1  Documentary  History  of  the  Constitution,  II.  523 ;  cf.  pp. 

522ff. 

2  Public  Laws,  1865,  105,  135.     Cf.  Senate  Journal,  319,  320; 
House  Journal,  470,  490;  Documentary  History  of  the  Constitu- 
tion, II.  690,  808. 

8  Ninth  Census,  I.,  xvii.,  23,  no,  307,  308. 


The  New  Industrial  State  47 

changed  greatly  since  the  frontier  period.  Then 
farming  had  been  almost  their  only  occupation. 
These  farming  interests  continued  to  be  very  impor- 
tant and  by  1860,  Illinois  had  become  the  first  grain 
producing  State  of  the  Union.  Other  interests, 
however,  had  developed,  giving  the  State  a  broader 
industrial  development.  During  the  twenty  years 
from  1850  to  1870,  Illinois  rose  from  the  sixteenth  to 
the  sixth  place  among  the  States  in  the  value  of 
manufactured  products.1 

One  of  the  most  important  factors  in  this  develop-  Railroads, 
ment  was  the  building  of  railroads.  The  first  great 
railroad  enterprise  which  was  successfully  carried 
out  in  this  State  was  the  building  of  the  Illinois 
Central.  This  was  made  possible  by  an  act  of  Con- 
gress in  1850  granting  large  tracts  of  land  to  the 
States  of  Illinois,  Mississippi,  and  Alabama,  "in 
aid  of  the  construction  of  a  railroad  from  Chicago  to 
Mobile."2  In  1851,  the  State  granted  these  lands  to 
the  Illinois  Central  Railroad  Company,  for  the  build- 
ing of  railroads  which  should  connect  Cairo  on  the 
south  with  Chicago  and  Galena  on  the  north.  By 
one  of  the  conditions  of  this  grant,  the  Company  is 
still  required  to  pay  to  the  State  not  less  than  seven 
per  cent,  of  its  "gross  receipts."3  During  the  next 
five  years,  these  lines  were  actually  built.  The  rich 
prairie  lands  of  eastern  and  central  Illinois  were  now 
for  the  first  time  made  easily  accessible  to  settlers, 
and  something  was  done  to  break  down  the  sectional 
division  between  the  northern  and  southern  coun- 

1  Ninth  Census,  III.  392,  451,  452,  458,  588. 

*  U.  S.  Statutes  at  Large,  3ist  Cong.,  1st  sess.,  ch.  61. 

3  Private  Laws,  1851,  61-74. 


48  Government  of  Illinois 

ties.1  In  the  year  of  the  Illinois  Central  land  grant 
(1850),  there  were  about  one  hundred  miles  of  rail- 
road in  the  State.  During  the  next  ten  years,  Illi- 
nois did  more  railroad  building  than  any  other  State 
in  the  Union,  and  by  1870  had  risen  to  the  first  place 
among  the  States  in  the  total  number  of  miles  of 
railway.  In  the  meantime  water  communication 
with  the  east  had  been  supplemented  by  through 
railroad  lines  and  the  products  of  the  State  were 
brought  within  more  convenient  reach  of  eastern 
and  European  markets.2 

Public  With  material  progress,  there  came  also  higher 

ofigss1^  standards  of  life.  One  of  the  best  evidences  of  this 
is  the  passage  of  the  school  law  of  1855  upon  which 
our  present  school  system  is  founded.  This  act  pro- 
vided for  the  first  time  a  State  tax  for  schools,  gave 
the  various  districts  the  right  to  tax  themselves  for 
the  same  purpose,  and  provided  also  "for  a  free 
school  in  every  district  for  six  months  of  the  year." 
The  new  law  was,  on  the  whole,  very  successful  and 
"the  free  school  made  its  way  rapidly  to  every  part 
of  the  State."3 

19.    THE  CONSTITUTION  OF  1870 

Constitu-  The  immense  industrial  development  of  the  State 

jonai  brought  with  it  new  problems  of  government,  par- 

ticularly those  resulting  from  the  growth  of  great 

1  Ackerman,  Early  Illinois  Railroads  (in  Fergus  Historical 
Series,  No.  23)  ;  Sanborn,  Congressional  Grants  in  Aid  of  Rail- 
ways, ch.  2 ;  Gerhard,  Illinois  As  It  Is,  406-408. 

1  Poor,  Railroad  Manual,  1871-72,  xxxiv. ;  cf.  Eighth  Census, 
Mortality  and  Miscellaneous  Statistics,  331. 

1  Pillsbury,  Early  Education  in  Illinois  (in  i6th  Biennial 
Report  of  the  Superintendent  of  Public  Instruction},  CXC- 
CXCIII. ;  Public  Laws,  1855,  51-91. 


The  New  Industrial  State  49 

corporations.  Many  of  them  had  secured  from  the 
legislature  special  privileges  of  various  kinds,  often,  it 
was  thought,  without  enough  regard  for  the  interests  of 
the  people.  There  was  particularly  strong  feeling 
against  the  railroads  which  had  received  great  privi- 
leges from  the  State  and  Federal  governments  and 
it  was  thought  that  they  ought  to  be  much  more 
liberal  in  their  charges.  Some  attempt  was  made 
to  solve  these  problems  through  acts  of  the  legisla- 
ture, but  it  was  generally  agreed  that  the  new  con- 
ditions called  for  a  new  constitution.1 

The  question  of  calling  a  constitutional  conven-  Convention 
tion  had  been  submitted  to  the  people  in  the  election  of  l86$>-7°- 
of  1868  and  a  majority  voted  in  favor  of  the  call. 
The  legislature  then  provided  that  the  members  of 
the  convention  should  begin  their  sessions  at  Spring- 
field in  December,  i86o,.2  The  new  convention  was 
smaller  than  that  of  1847  and  so  was  better  fitted  for 
practical  discussion.  A  considerable  majority  of  the 
members  were  lawyers,  many  of  them  of  very  high 
standing.  This  fact  taken  together  with  the  experi- 
ence of  half  a  century  in  State  government  resulted 
in  a  new  constitution  much  better  than  those  which 
had  gone  before.  The  convention  finished  its  work 
in  May,  1870.  The  constitution  which  they  had 
formed  was  ratified  by  the  people  in  July  and  went 
into  effect  in  August  of  the  same  year.3 

Probably  the  most  important  new  provisions  of  Special 
this  constitution  were  those  which  had  to  do  with 


. 

prohibited. 


1  Governor  Palmer's  Message  (in  House  Journal,  1869,  1.  202- 
208)  ;  Public  Laws,  1869,  308-312. 

3  House  Journal,  1869,  I.  642-643  ;  Public  Laws,  1869,  97. 

*  Journal  of  the  Convention  of  1870;  Kurd,  Revised  Statutes, 
1903,  53- 
4 


Government  of  Illinois 


Other  con- 
stitutional 
limitations. 


The  courts. 


Disappear- 
ance of  the 
color  line. 
Public  edu- 
cation. 


the  treatment  of  private  corporations.  In  order  to 
prevent  the  legislature  from  granting  special  privi- 
leges which  might  be  obtained  by  corrupt  methods 
and  prove  injurious  to  the  public,  the  new  constitu- 
tion contained  a  very  sweeping  provision  against 
special  laws,  requiring  that  all  such  matters  should 
be  regulated  by  general  laws.  New  clauses  were 
also  introduced  requiring  the  legislature  to  regulate 
railway  rates.1 

The  constitution  contained  other  careful  provis- 
ions to  protect  the  people  against  unwise  or  corrupt 
representatives.  Hereafter  no  bill  could  be  passed 
over  the  governor's  veto  without  a  two-thirds  ma- 
jority in  each  house  of  all  the  members  elected.2 
Counties,  cities,  and  other  local  governments  were 
limited  in  the  amount  of  taxes  they  could  raise  or 
the  amount  of  money  they  could  borrow.3 

The  increasingly  complicated  needs  of  the  State 
were  also  shown  by  the  development  of  the  judicial 
department.  The  legislature  was  given  the  right  to 
organize  new  appellate  courts,  standing  between  the 
circuit  courts  and  the  supreme  court.  A  special 
judicial  system  was  provided  for  the  great  popula- 
tion and  complicated  business  interests  of  Cook 
County.  In  other  respects  also  the  peculiar  charac- 
ter of  this  county  was  recognized  by  special  provis- 
ions for  its  government.4 

There  were  two  other  things  in  the  constitution 
which  show  in  a  striking  way  the  growth  of  public 

1  Constitution  of  Illinois  (1870),  Art.  IV.  §  22;  Art.  XI.  (Cor- 
porations) ;  Art.  XIII.  (Warehouses). 
3  Ibid.,  Art.  V.  §  16. 
'Ibid.,  Art.  IX.  §§8,  12. 
'Ibid.,  Art.  VI.,  §§  11-20,  23-28;  Art.  X.  §  7. 


The  New  Industrial  State  51 

opinion  away  from  old  ideas.  One  of  these  is  the 
complete  disappearance  of  the  color  line.  The  right 
to  vote  and  the  duty  of  militia  service  were  recog- 
nized as  the  same  for  blacks  and  whites.1  The 
other  was  the  recognition  for  the  first  time  in  the 
constitution  that  it  was  the  duty  of  the  State  to 
provide  a  "system  of  free  schools,  whereby  all  children 
of  this  State  may  receive  a  good,  common-school  educa- 
tion."2 

20.  THE  PEOPLE  AND  THEIR  GOVERNMENT.   1870-1901 

During  the  closing  decades  of  the  nineteenth  Growth  in 
century,  the  population  of  Illinois  was  nearly  dou-  P°Pulatlon- 
bled,  and  in  that  respect  it  is  now  the  third  State  in 
the  Union.  This  growth  has  been  mainly  in  one 
county.  In  1870,  Cook  County  had  about  one-sev- 
enth of  the  population  of  the  State ;  in  1900,  the 
proportion  was  nearly  two-fifths.  In  these  thirty 
years,  the  State  outside  of  Cook  County  gained  only 
thirty-six  per  cent.,  but  Chicago  gained  over  five 
hundred  per  cent.3  Though  Chicago  is  the  only 
great  city  in  Illinois,  city  or  town  life  has  increased 
throughout  the  State.  In  the  year  1860,  about  one 
person  in  every  eight  lived  in  a  town  of  four  thou- 
sand or  more  people.  By  1900,  the  ratio  had  in- 
creased to  more  than  one-half.*  This  tendency  to 
city  life  has  had  an  important  influence  in  the  con- 

1  Constitution  of  Illinois  (1870),  Art.  VII.  §  i ;  Art.  XII.  §  i. 

9  Ibid.,  Art.  VIII.  §  i. 

8  Twelfth  Census  of  the  United  States,  I.,  xxii.,  16.  A  part  of 
the  increased  population  of  Chicago  was  due  to  the  annexation 
of  adjoining  territory. 

4  Ibid.,  I.,  Ixxxiv.-xc.  Cf.  The  Eighth  Census,  Population, 
88-101. 


Government  of  Illinois 


Influence  of 
foreign  im- 
migration. 


Broader 
industrial 
develop- 
ment 


stitutional  development  of  the  State.  It  has  made 
the  problems  of  municipal  government  infinitely 
more  important  than  they  were  before  the  Civil  War 
and  it  is  making  the  task  of  passing  general  laws  for 
the  State,  which  shall  also  fit  the  special  needs  of 
Chicago,  more  and  more  difficult. 

The  foreign  elements  in  this  population  have  also 
largely  increased,  until  in  1900,  more  than  one-half 
the  people  of  Illinois  and  more  than  three-fourths 
of  those  in  Chicago  were  either  foreign  born  them- 
selves or  the  children  of  foreign  parents.  The  Ger- 
mans and  the  Irish  were  at  first  the  most  important ; 
then  came  a  great  wave  of  Scandinavian  immigra- 
tion ;  and,  in  recent  years,  the  Italians  and  the  Slavs 
have  come  in  large  numbers.1  To  a  large  extent, 
these  newcomers  have,  with  the  help  of  our  public 
school  system,  been  trained  in  American  political 
ideas,  but  many  who  do  not  understand  or  appre- 
ciate American  institutions  are  easily  influenced  by 
dangerous  or  corrupt  political  leaders.  In  many 
ways,  good  or  bad,  the  foreign  population  has  in- 
fluenced the  law  making  of  recent  years.  This  in- 
fluence has  been  felt  particularly  on  such  questions 
as  the  proper  regulation  of  the  liquor  business,  and 
the  proper  relation  of  church  schools  to  our  public 
school  system.  In  both  these  matters  the  foreign- 
born  voters  have  stood  out  strongly  against  what 
they  have  considered  undue  State  interference  with 
private  business. 

Even  before  1870,  it  was  clear  that  Illinois  was  no 
longer  a  wholly  agricultural  State,  though  the  cen- 
sus of  that  year  gave  more  people  as  engaged  in 

1  Twelfth  Census  of  the  United  States,  I.,  clxxxv.,  clxxxvii., 
cxciv. 


The  New  Industrial  State  53 

agriculture  than  in  all  other  occupations  put  to- 
gether.1 Since  that  time  there  has  been  a  constantly 
broadening  industrial  development.  In  1900,  the 
three  great  branches  of  industry,  "agriculture," 
"manufacturing  and  mechanical  pursuits,"  and 
"trade  and  transportation,"  stood  on  a  nearly  equal 
footing  as  measured  by  the  number  of  people  en- 
gaged in  them.2  Two  great  factors  in  this  develop- 
ment have  been  the  building  of  six  thousand  miles 
of  railway,  and  the  growth  from  very  small  begin- 
nings in  1870  of  the  great  coal  mining  industry.3 
All  these  things,  taken  together  with  the  prosperity 
of  the  whole  northwest,  have  made  Chicago  one  of 
the  chief  financial  centres  of  the  country.  In  the 
last  year  of  the  nineteenth  century,  the  banking  busi- 
ness of  Chicago  was  greater  than  that  of  Boston  or 
Philadelphia  and  second  only  to  that  of  New  York.4 

Great  industrial  changes  like  these  cannot  take  Conflicts  of 
place  without  much  friction,  particularly  between 
labor  and  capital.  Among  these  unfortunate  con- 
flicts, there  are  a  few  which  stand  out  more  promi- 
nently than  the  rest.  One  of  these  is  the  great  eight- 
hour  strike  of  1886,  ending  in  the  so-called  anarchist 
riots.5  The  year  1894  is  also  especially  to  be  remem- 
bered, because  of  the  coal  mining  strikes  in  central 
Illinois  and  the  great  railroad  strikes  centering  in 
Chicago.  In  the  last  case,  United  States  troops 
were  called  out  by  President  Cleveland,  though 

1  Ninth  Census  of  the  United  States,  I.  '670-674. 

2  Twelfth  Census  of  the  United  States,  II.  508-50(3 

8  Poor,  Railroad  Manual,  1901 ;  U.S. Statistical  Abstract,  1900, 

343- 

*  World  Almanac,  1901,  187. 

*  Annual  Cyclopaedia,  1886,  1887,  1893. 


54  Government  of  Illinois 

Governor  Altgeld  thought  such  interference  by  the 
Federal  government  unnecessary  and  unjustifiable. 
In  several  of  these  conflicts,  the  State  militia  has 
been  called  out  by  the  governor  to  protect  persons 
and  property.1 

State  con-  These   conflicts  of   labor  and   capital,  taken  to- 

gether with  the  increasing  power  of  the  great  in- 
and  in-  dustrial  combinations,  have  made  it  more  and 
dustry.  more  necessary  for  the  general  public  to  protect 

itself  by  using  the  authority  of  the  State.  Some- 
times this  has  been  done  by  general  rules  of  law. 
Thus  the  State  legislature  has  passed  laws  prohibit- 
ing child  labor  and  regulating  railway  rates,  and  it 
has  made  some  not  very  successful  attempts  to 
prevent  certain  kinds  of  industrial  combinations, 
popularly  known  as  "trusts."  Sometimes  executive 
boards  have  been  established  by  law  in  order  to 
supervise  certain  kinds  of  business  and  see  that  they 
are  properly  conducted.  In  1871,  the  Board  of  Rail- 
road and  Warehouse  Commissioners  was  organized 
which  now  has  the  power  to  fix  maximum  railway 
rates.  A  State  insurance  department  has  been  cre- 
ated to  supervise  insurance  companies  and  the  State 
Board  of  Factory  Inspectors  is  expected  to  enforce 
the  laws  regarding  the  employment  of  labor  in  fac- 
tories. The  State  has  also  tried  to  prevent  strikes 
and  lockouts,  in  some  cases  at  least,  by  establishing 
a  State  Board  of  Arbitration.2  Thus  the  State  gov- 
ernment is  constantly  being  given  new  work  to  do 
and  organizing  new  offices  or  departments  for  that 
purpose.  As  population  has  increased  and  the  in- 

1  Annual  Cyclopaedia,  1893,  1894;  Message  of  Governor  Alt- 
geld  in  Reports  to  the  General  Assembly,  1894. 
*  See  on  this  subject  Part  III.,  ch.  14. 


The  New  Industrial  State  55 

terests  of  the  people  have  grown  broader  and  more 
complex,  they  have  been  obliged  to  make  more  elab- 
orate and  complex  the  machinery  of  their  govern- 
ment. 


PART  II 

THE  MACHINERY  OF  STATE  GOVERNMENT 
CHAPTER  IV 

UNDERLYINa  PRINCIPLES  OF  STATE  GOVERNMENT 

21.    REFERENCES 

Bryce,  American  Commonwealth,  I.  chs.  36-39,  44,  45 ;  Hart, 
Actual  Government,  Part  I.;  Wilson,  The  State,  §§  1087-1115; 
Cooley,  The  General  Principles  of  Constitutional  Law,  ed.  1898, 
ch.  18 ;  Cooley,  Constitutional  Limitations,  chs.  3,  4,  9-13 ;  Black, 
Handbook  of  American  Constitutional  Law,  chs.  18,  19;  Hitch- 
cock, American  State  Constitutions;  Patterson,  The  United 
States  and  the  States  under  the  Constitution;  Schouler,  Consti- 
tutional Studies,  Part  III. ;  Borgeaud,  Adoption  and  Amend- 
ment of  Constitutions,  Part  III.,  Book  I. ;  Jameson,  A  Treatise 
on  Constitutional  Conventions;  Thorpe,  Constitutional  History 
of  the  American  People;  Oberholtzer,  The  Referendum  in 
America.  Documents :  Starr  and  Curtis,  Annotated  Statutes  of 
the  State  of  Illinois  (this  gives  the  text  of  the  constitution,  with 
foot  notes  citing  important  cases  in  constitutional  law)  ;  cf. 
Moore,  An  Index-Digest  of  the  Illinois  Reports,  2  vols. 

22.     THE  FIELD  OF  STATE  GOVERNMENT 

state  au-  In  the  study  of  any  government  it  is  important  to 

ited'by lM       understand  clearly  the  foundation  principles  upon 

the  Federal     which  it  rests,  the  fundamental  laws  to  which  all 

lon-   lesser  laws  must  conform.     For  Illinois,  as  for  every 

other  State  of  the  Union,  the  Constitution  of  the 

United  States  and  all  Federal  laws  and  treaties  made 

in   accordance   with    that    Constitution    are   the    "su- 

56 


Underlying  Principles  of  State  Government     57 

preme  law  of  the  land;"  and  the  judges  are  ''bound 
thereby,  anything  in  the  constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding."  Thus  the 
people  of  Illinois  are,  strictly  speaking,  not  sover- 
eign. By  this  "supreme  law"  some  of  the  most 
important  departments  of  government  action  are 
taken  from  the  State  altogether  and  given  to  the 
United  States.  This  is  particularly  true  in  such 
matters  of  general  interest  as  our  foreign  policy  and 
the  regulation  of  foreign  and  interstate  commerce, 
in  which  action  by  separate  States  would  lead  to 
great  confusion.  The  Constitution,  however,  goes 
much  farther  than  this  and  even  in  the  general  field 
of  action  reserved  to  the  States  insists  that  they 
shall  observe  certain  general  principles.  Their  gov- 
ernment, for  example,  must  be  republican.  They 
must  not  establish  any  order  of  nobility.  They  may 
charter  corporations,  but  they  can  not,  generally 
speaking,  compel  them  to  give  up  privileges  once 
granted.  One  of  the  most  important  results  of  the 
Civil  War  was  to  limit  still  farther  the  freedom  of 
the  States  in  what  were  previously  supposed  to  be 
purely  State  affairs.  Thus  no  State  may  permit 
slavery  within  its  limits,  nor  refuse  the  right  to  vote, 
even  in  State  elections,  on  account  of  race,  color,  or 
previous  condition  of  servitude.  The  Constitution 
of  the  United  States  now  determines  what  shall 
make  any  person  a  citizen  of  a  State,  and  to  a  con- 
siderable extent,  places  his  rights  as  such  a  citizen 
under  the  protection  of  Federal  law. 

Though  large  powers  within  each  State  are  thus  importance 

of  the  State. 

given  to  the  Federal  government,  yet  those  interests 
of  the  people  which  are  left  in  the  care  of  the  State 
are  more  numerous  and  not  less  important.  The  State 


58  Government  of  Illinois 

government  as  a  whole  is  not  sovereign  because  it  is 
not  independent,  but  in  many  departments  it  does  ex- 
ercise really  sovereign  power.  It  must  be  remembered, 
too,  that  the  people  of  a  State,  through  the  choice  of 
presidential  electors  and  of  senators  and  representa- 
tives in  Congress,  have  a  part  in  the  exercise  of  sov- 
ereign authority,  whether  that  authority  is  State  or 
Federal. 


The  adoption 
constitution. 


23.     THE  STATE  CONSTITUTION 

Next  in  authority  to  the  Constitution  and  laws  of 
^e  United  States  is  the  constitution  of  the  State. 
This  fundamental  law  was  framed  by  a  convention 
chosen  by  the  people  for  that  purpose  and  had  finally 
to  be  submitted  to  them  for  their  approval.  In 
some  States,  constitutions  have  been  finally  adopted 
by  conventions  without  being  submitted  to  the  peo- 
ple, but  in  Illinois  the  present  constitution  expressly 
forbids  such  action.1  Thus  the  constitution  is  a 
part  of  the  law  of  the  State,  made  directly  by  the 
people  themselves  and  so  above  any  other  law  which 
may  be  enacted  by  their  representatives. 
Constitu-  The  constitution  may  be  amended  in  two  ways. 

tional  11111  . 

conventions.  The  first  may  be  called  the  convention  method. 
When  two-thirds  of  the  members  of  each  house  of 
the  general  assembly  agree  that  it  is  necessary  to 
revise  the  constitution,  they  may  submit  the  ques- 
tion to  a  vote  of  the  people  at  the  next  general  elec- 
tion. If  a  majority  of  all  those  who  vote  in  that 
general  election  vote  in  favor  of  a  convention,  the 
legislature  must  provide  for  it  at  its  next  meeting. 
When  the  members  of  the  convention  have  done 

1  Constitution  of  Illinois,  1870,  Art.  XIV.  §  i. 


Underlying  Principles  of  State  Government     59 

their  work,  they  must  submit  their  proposed  consti- 
tution or  amendments  to  the  voters  of  the  State  for 
their  approval  at  a  special  election  called  for  that 
purpose.  This  somewhat  slow  and  difficult  method 
is  intended  to  prevent  hasty  or  partisan  changes  in 
the  constitution.1 

Where  there  is  no  strong  demand  on  the  part  of  Amend- 
the  people  for  a  general  revision,  a  simpler  method  ments  Pr°- 

posed  by  the 

may  be  used.  Amendments  may  be  proposed  in  legislature, 
either  house  of  the  general  assembly  and,  if  agreed 
to  by  a  two-thirds  vote  of  all  the  members  elected 
in  each  house,  they  must  be  submitted  to  the  people 
at  the  next  general  election.  A  majority  of  all  who 
vote  in  that  election  must  vote  for  the  amendment. 
Thus  an  amendment  may  be  lost  though  more  peo- 
ple vote  for  it  than  vote  against  it.  In  order  that 
such  amendments  may  not  be  forgotten  by  the  voter, 
the  secretary  of  State  is  required  to  have  published 
a  careful  explanation  of  their  provisions.2  In  the 
first  thirty  years  after  the  adoption  of  the  constitu- 
tion of  1870,  five  constitutional  amendments  have 
been  adopted.  A  number  of  others  proposed  by  the 
legislature  were  not  ratified  by  the  people.  No 
comprehensive  changes  can  be  made  in  this  way 
because  amendments  can  not  be  proposed  to  more 
than  one  article  at  the  same  time.3 

24.    THE  DISTRIBUTION  OF  POWERS 

Though  the  people  are  the  source  of  authority,  Depart- 
ments of 

1  Constitution  of  Illinois,  1870,  Art.  XIV.  §  i.  government. 

"Ibid.,  Art.  XIV.  §  2;  Kurd,  Revised  Statutes,  ch.  ;a. 

3  An  important  amendment  giving  the  legislature  greater  free- 
dom in  making  laws  for  Chicago  was  agreed  to  by  the  legisla- 
ture in  1903  and  will  be  submitted  to  the  voters  in  1904.  See 
below  p.  253. 


60  Government  of  Illinois 

the  only  power  which  can  make  and  change  consti- 
tutions, the  actual  work  of  government  must  be 
done  by  their  chosen  representatives.  One  of  the 
most  important  purposes  of  a  constitution  is,  there- 
fore, to  organize  the  departments  of  the  State  and 
to  distribute  among  their  officers  the  various  powers 
and  duties  of  government.  Following  the  example 
of  the  Federal  government  and  of  the  older  States, 
Illinois  has  provided  for  the  distribution  of  consti- 
tutional powers  in  three  departments :  the  legisla- 
tive, the  executive,  and  the  judicial.1  Roughly 
speaking,  it  is  the  duty  of  the  legislative  department 
to  make  the  laws,  of  the  executive  to  see  that  they 
are  obeyed,  and  of  the  judiciary  to  interpret  the  law 
and  apply  it  to  special  cases.  It  is  the  purpose  of 
this  distribution  that  these  different  departments 
shall  check  each  other  and  so  prevent  unwise  or 
dangerous  action.  Thus  the  governor  can  prevent 
the  passage  of  laws  by  the  use  of  his  veto  power. 
The  judges  may  declare  unconstitutional  and  there- 
fore of  no  force  the  acts  both  of  the  executive  and 
the  legislature.  Finally,  the  legislature  may  im- 
peach and  remove  from  office  the  governor  and 
judges  for  misconduct  in  the  performance  of  their 
duties. 

AH  repre-  Though  these  great  departments  are  more  or  less 

:nt  the  distinctly  separated,  they  are  not  wholly  so  and  they 
do  not  generally  represent  different  interests,  as 
they  do,  for  example,  in  a  strongly  monarchical  gov- 
ernment where  the  higher  executive  officers  and  the 
judges  derive  their  authority  from  the  king,  where 
there  is  an  upper  house  to  represent  the  nobility  and 

1  Constitution  of  Illinois,  1870,  esp.  Art.  III. 


Underlying  Principles  of  State  Government     61 

only  the  lower  house  represents  the  people.  In 
Illinois,  the  higher  officers  in  each  one  of  the  great 
departments  are  chosen  directly  by  the  people  and 
are  supposed  to  represent  their  interests. 

Cutting  across  these  dividing  lines  which  separate  Central  and 
the  legislative,  executive,  and  judicial  departments  local  gov' 
of  the  State,  there  are  what  we  may  call  latitudinal 
lines,  which  mark  off  the  field  of  the  central  govern- 
ment from  those  of  the  local  governments.  The 
constitution  provides  for  county,  town,  city  and 
other  local  governments,  partly  to  meet  the  local 
needs  of  each  of  these  districts  and  partly  to  help 
the  State  in  its  work.  Their  field  of  authority  is 
not  always  clearly  marked  out  by  the  constitution; 
but  they  are  in  all  things  distinctly  subordinate  to 
the  State  government,  and  their  jurisdiction  is 
largely  determined  for  them  by  the  legislature.  Yet 
they  have  some  legal  rights  which  not  even  the 
legislature  can  take  away.  Thus,  the  legislature 
can  not  give  the  right  to  build  a  street  railway  in 
any  city  or  town  without  the  consent  of  the  local 
government.1 

25.    RESERVED  RIGHTS  OF  THE  PEOPLE 

This  distribution  of  political  powers  among  dif-  BUI  of 
ferent  sets  of  officers  has  sometimes  been  called  a 
system  of  "checks  and  balances,"  in  which  every 
officer  or  department  is  checked  in  the  exercise  of 
his  power  by  the  natural  jealousy  of  some  other 
department  or  officer.  But  not  even  to  all  of  these 
officers  taken  together  have  the  people  given  unre- 
stricted power.  To  protect  the  rights  of  individuals 

1  Constitution  of  Illinois,  1870,  Art.  XI.  §  4. 


62  Government  of  Illinois 

against  the  possible  tyranny  of  their  own  represent- 
atives, even  in  the  law-making  body,  they  have 
placed  in  the  constitution  what  is  sometimes  known 
as  a  "bill  of  rights."  Many  of  these  rights  were 
recognized  by  the  first  colonists  in  America  as  a 
part  of  their  old  English  inheritance.  Others  were 
either  recognized  for  the  first  time  or  more  clearly 
stated  as  a  result  of  early  American  experience. 
With  generally  unimportant  differences,  they  are 
to-day  set  forth  in  the  constitution  of  every  Amer- 
ican State. 

Rights  of  The   most  important  of  these  rights  are  those 

which  protect  the  personal  liberty  of  the  individual, 
his  rights  of  property,  his  freedom  in  religious 
opinion  and  worship,  and  his  liberty  of  speech  and 
publication.  To  secure  the  personal  liberty  of  the 
individual,  it  is  provided  that  he  shall  not  be  deprived 
of  life  or  liberty  without  due  process  of  law,  and 
the  right  of  trial  by  jury  is  guaranteed.  Private 
property  also  may  not  be  taken  except  by  due  pro- 
cess of  law,  and  when  needed  for  public  uses  it  must 
be  paid  for.  Every  man  is  guaranteed  liberty  of 
conscience  and  public  worship.  No  one  may  be 
compelled  to  support  any  church  and  no  preference 
can  be  given  by  law  to  any  religious  denomination. 
To  protect  free  discussion  of  all  public  questions,  it 
is  provided  that  "every  person  may  freely  speak, 
write  and  publish  on  all  subjects,"  though  he  is 
"responsible  for  the  abuse  of  that  liberty"  and  may 
be  punished  for  libel.1  Thus  the  old  safeguards 
which  protected  subjects  against  arbitrary  kings  are 

1  Constitution  of  Illinois,  1870,  Art.  II. 


Underlying  Principles  of  State  Government     63 

still  considered  necessary  even  in  a  government  of 
the  people  by  the  people. 

Besides  securing  each  individual  in  these  personal  other  con 
and  property  rights,  the  constitution  contains,  as  we  *tltutl°nal 

*  limitations 

shall  see  later,  a  number  of  provisions  intended  to 
protect  the  interests  of  the  people  as  a  whole  against 
unwise  or  corrupt  legislation  by  their  chosen  repre- 
sentatives. Certain  general  principles  are  laid  down 
to  which  all  future  laws  must  conform,  and  even  in 
some  cases  where  no  constitutional  amendment  is 
necessary,  the  legislature  is  required  to  submit  its 
measures  to  the  people  for  their  approval.1 

Thus,  within  the  sphere  of  government  left  to  the  The  people 
State,  the  people  are  the  supreme  power.  They 
have  made  the  constitution  and  they  alone  can 
change  it.  They  have  given  large  powers  to  their 
officers  or  agents,  but  these  powers,  large  as  they 
are,  are  jealously  guarded  to  protect  the  rights  of 
individual  citizens  and  those  of  the  people  as  a 
whole. 

1  Under  a  recent  act  of  the  legislature,  the  voters  of  the  State 
may  express  their  opinion  on  public  questions  by  means  of  what 
is  called  the  "little  ballot."  This  opinion  has  no  legal  force,  but 
it  may  influence  somewhat  the  action  of  the  legislature.  Three 
such  questions  were  voted  upon  in  the  general  elections  of  1902. 


CHAPTER  V 


ELECTIONS 


Meaning  of 
the  term, 
people. 


Qualifica- 
tions of 
voters. 


26.    REFERENCES 

Bryce,  American  Commonwealth,  I.,  ch.  46;  II.,  Part  III.; 
Hart,  Actual  Government,  Part  II. ;  Hinsdale,  American  Gov- 
ernment, ch.  54;  Cooley,  Constitutional  Limitations,  ch.  17; 
Commons,  Proportional  Representation,  esp.  ch.  4;  Dallinger, 
Nominations  for  Elective  Office;  Ostrogorsky,  Democracy  and 
the  Organization  of  Political  Parties,  especially  II.,  Part  V.; 
Political  Science  Quarterly  XIV.  224-233.  For  comparison 
with  European  political  methods,  see  Lowell,  Governments 
and  Parties  in  Continental  Europe  (Vol.  I.  of  Ostrogorsky 
describes  English  politics).  Documents:  Constitution  of 
Illinois,  1870,  Art.  VII.;  Kurd,  Revised  Statutes,  1903,  ch.  46 
(Elections);  Starr  and  Curtis,  Annotated  Statutes  (ed.  1896), 
161-162  and  Notes  on  ch.  46;  the  Secretary  of  State,  The  Elec- 
tion Law. 

27.     THE  SUFFRAGE 

The  word  "people"  as  found  in  the  constitution 
is  often  carelessly  used  without  any  definite  knowl- 
edge of  its  real  meaning.  Just  what  is  meant  by 
saying  that  the  "people"  are  the  supreme  authority 
in  State  affairs?  The  term  does  not  include  all 
persons  who  live  in  the  State,  but  is  practically  lim- 
ited to  those  who  take  part  in  the  government  as 
voters,  and  this  class  is  clearly  defined  by  the  con- 
stitution. 

The  first  important  condition  of  the  voting  privi- 
lege is  citizenship.  All  new  voters  must  show  that 
they  are  natural-born  or  naturalized  citizens  of  the 

64 


Elections  65 

United  States.  According  to  the  Federal  Constitu- 
tion, "all  persons  born  or  naturalized  in  the  United 
States  and  subject  to  the  jurisdiction  thereof  are 
citizens  of  the  United  States  and  of  the  State  where- 
in they  reside."  A  second  qualification  is  residence. 
A  voter  must  have  lived  long  enough  in  the  place  in 
which  the  election  takes  place  to  have  a  real  interest 
in  it  and  to  be  able  to  vote  intelligently.  So  he  must 
have  lived  in  the  State  one  year,  in  the  county  ninety 
days,  and  in  the  election  district  in  which  he  votes 
at  least  thirty  days  before  the  election  is  held.  There 
are  also  restrictions  of  age  and  sex.  The  constitu- 
tion gives  the  right  of  voting  only  to  men  twenty- 
one  years  old.  Consequently,  women  are  not  al- 
lowed to  vote  for  any  officer  named  in  the  constitu- 
tion. They  now  have,  however,  the  right  to  vote 
for  certain  school  officers  not  mentioned  in  the  con- 
stitution, including  the  members  of  local  school 
boards  and  trustees  of  the  University  of  Illinois. 
Finally,  the  right  to  vote  may  be  forfeited  for  mis- 
conduct. Following  the  requirement  of  the  consti- 
tution, the  law  now  makes  it  a  penal  offense  for  any 
person  to  attempt  to  vote  who  has  been  convicted  of 
bribery,  felony,  "or  other  infamous  crime  under  the 
laws  of  any  State,"  unless  he  has  been  duly  par- 
doned.1 

28.     THE  CONDUCT  OF  ELECTIONS 

Since  the  people  control  the  government  chiefly  Election 
through  their  powers  to  choose  officers,  it  is  impor-  lawa" 

1  Constitution  of  Illinois,  1870,  Art.  VII. ;  Kurd,  Revised  Stat- 
utes, ch.  46,  §§  65-70,  83,  332;  Starr  and  Curtis,  Annotated  Stat- 
utes, 161,  162,  1741,  1742;  Plummer  v.  Yost,  144  Illinois  Reports, 
68-77- 

5 


66 


Government  of  Illinois 


Times  of 
elections. 


Rights  of 
voters  on 
election 
days. 


tant  that  elections  should  be  carried  on  freely  and 
honestly,  so  that  they  may  express  the  real  will  of 
the  majority.  For  this  purpose  an  elaborate  code 
of  election  laws  has  been  enacted. 

Elections  in  Illinois  are  held  at  different  times. 
The  general  elections  for  the  choice  of  State  execu- 
tive officers,  members  of  the  legislature,  and  county 
officers  are  held  on  the  first  Tuesday  after  the  first 
Monday  in  November  in  the  even-numbered  years. 
This  means  that  they  are  always  held  in  connection 
with  the  presidential  or  congressional  elections,  and 
that  they  are  more  influenced  by  national  politics 
than  they  might  be  if  held  separately.  For  supreme 
and  circuit  court  judges,  elections  are  held,  at  inter- 
vals of  nine  and  six  years  respectively,  on  the  first 
Monday  in  June.  Township,  village,  and  city  elec- 
tions are  held  every  year  in  April.  When,  as  in 
Chicago,  the  city  limits  include  one  or  more  whole 
townships,  all  these  elections  are  held  on  the  first 
Tuesday  in  April.  Other  city  or  village  elections  are 
held  on  the  third  Tuesday,  two  weeks  after  the  town- 
ship elections.  Township  school  trustees  and  members 
of  district  school  boards  are  chosen,  respectively,  on  the 
second  and  third  Saturdays  in  April.1 

In  order  that  the  voter  may  not  be  prevented  from 
casting  his  ballot,  the  law  has  made  some  special 
provisions  for  election  days.  On  any  general  elec- 
tion day,  a  voter  has  a  right  to  absent  himself  for 
two  hours  from  any  employment  in  which  he  may 
be  engaged,  without  a  deduction  in  his  wages.2  In 
Chicago  and  in  any  other  city  where  the  provisions 

1  Hurd,  Revised  Statutes,  ch.  24,  §§  48,  190 ;  ch.  122,  §§  34,  125 ; 
ch.  139,  §  51. 

2  Ibid.,  ch.  46,  §312. 


Elections  67 

of  the  city  election  law  are  in  force,  the  day  set  for 
any  general,  State,  county,  or  city  election  is  a  legal 
holiday.1  The  voter  is  also  entitled  to  freedom  from 
arrest  in  attending,  in  going  to,  and  returning  from, 
the  place  of  election;  and,  except  in  case  of  war  or 
public  danger,  he  can  not  be  compelled  to  perform 
military  service  on  election  day.2 

The  law  governing  the  management  of  elections  The  general 
is  not  the  same  for  all  parts  of  the  State.    In  Chicago  *™  ™dc ^ 
and  East  St.  Louis  they  are  held  under  the  so-called  law. 
city  election  law,  and  any  other  city  or  village  may 
by  special  vote  adopt  this  system.3     In  other  parts 
of  the  State,  the  general  election  law  is  in  force.     Un- 
der the  city  law,  all  elections  are  under  the  super- 
vision of  three  election  commissioners  appointed  by 
th  county  court.     Both  of  the  two  leading  political 
parties  must  be  represented  on  this  board.4     Under 
the  general  law,  this  work  of  supervision  is  given  to 
the  county  boards  of  supervisors  or  commissioners. 

These  supervising  authorities  must  then   divide  Electoral 
the  city  or  county  into  election  precincts  or  districts,  distncts- 
select  the  polling  place  in  each  precinct,  and  appoint 
the  election  judges.     In  choosing  the  judges  and 
clerks,  each  of  the  two  leading  political  parties  must 
be  given  representation. 

One  of  the  first  duties  of  these  election  officers  is  Registration 
the    registration   of   voters.     Under   the    city    law,  of  voters- 
voters  must  be  registered  on  one  of  two  days  fixed 
by  law  a  few  days  before  each  general  election.     No 

1  Kurd,  Revised  Statutes,  ch.  46,  §  190. 

a  Constitution  of  Illinois,  1870,  Art.  VII.  §  3. 

8  Kurd,  Revised  Statutes,  ch.  46,  §§  iss-287d,  (esp.  §  168). 

'Ibid.,  ch.  46,  §§  170,  171. 


68  Government  of  Illinois 

one  who  is  not  registered  is  allowed  to  vote.1  Un- 
der the  general  election  law,  voters  need  not  registei 
in  person.  The  election  officers  must  make  up  theii 
registration  lists  three  weeks  before  the  election 
including  all  persons  still  living  in  the  precinct  whc 
voted  at  the  last  election,  and  any  other  persons  whc 
are  "well-known"  to  be  voters.  The  list  must  ther 
be  posted  and  an  opportunity  is  given  for  any  legal 
voter  who  is  not  registered  to  add  his  name  to  the 
list.  Even  if  he  fails  to  register  before  election  day 
he  may  still  "swear  in"  his  vote  by  swearing,  01 
affirming,  that  he  is  a  legal  voter  and  having  his 
statement  corroborated  on  oath  by  some  household- 
er who  is  already  a  registered  voter.2  The  purpose 
of  all  registration  is  to  make  it  certain  that  no  one 
shall  cast  a  vote  unless  he  is  entitled  to  do  so.  In  a 
large  city  the  danger  of  illegal  voting  is  much  greater 
and  a  more  stringent  law  is  therefore  needed  than  in 
the  country. 

29.     THE  COUNTING  OF  VOTES 

Legal  safe-  Every  precaution  is  also  taken  to  ensure  the  legal 
guards.  voter  a  free  and  fairly  counted  vote.  This  is  secured 
partly  by  choosing  the  judges  and  clerks  from  both 
the  leading  parties,  so  that  no  party  can  have  the 
opportunity  to  control  the  election.  Each  party  is 
also  entitled  to  keep  at  least  one  "challenger"  at  the 
polling  place  while  the  votes  are  being  cast  and 

1  The  first  of  these  days  is  "the  Saturday  immediately  preced- 
ing the  Tuesday,  four  weeks  before"  the  election.  The  second 
day  is  just  three  weeks  before  the  election.  There  is  also  some 
provision  made  for  correcting  errors  in  registration  and  for  the 
registration  of  new  voters  at  the  intervening  local  elections. 
Kurd.  Revised  Statutes,  ch.  46,  §§  195-234. 
d.,  ch.  46,  §§  I35-I49- 


Elections  69 

counted,  and  under  the  city  election  law  each  party 
may  also  have  two  additional  persons  as  "watchers."1 

One  of  the  most  important  safeguards  of  free  The  Austral- 
voting  is  the  secret  ballot.  The  constitution  re-  ianballot- 
quires  that  the  voting  in  all  elections  shall  be  by 
ballot.2  Under  the  old  method  of  voting,  however, 
the  ballot  was  not  always  secret.  Ballots  were  then 
furnished  to  the  voter  by  one  or  the  other  party  in 
the  election.  It  was  then  comparatively  easy  for  any 
one  who  wished  to  intimidate  or  to  bribe  a  voter  to 
see  how  he  voted.  In  order  to  lessen  as  much  as 
possible  the  danger  of  such  bribery  or  intimidation, 
the  present  "Australian  ballot"  law  is  intended  to 
make  voting  absolutely  secret.3 

All  the  ballots  are  now  provided  at  public  expense.  The  official 
Each  voter  having  received  his  ballot  goes  to  a 
booth  where  he  can  mark  it  without  being  observed. 
This  official  ballot  contains  the  names  of  all  candi- 
dates who  have  been  regularly  nominated.  All  the 
candidates  of  one  party  are  arranged  in  a  single 
column  with  the  name  of  that  party  at  its  head.  If 
the  voter  is  a  strong  party  man  and  wishes  to  vote 
a  "straight  ticket,"  he  puts  his  cross  before  the  name 
of  his  party,  and  his  vote  will  be  counted  for  all  its 
candidates.  If  he  wishes  to  vote  for  the  party  ticket 
as  a  whole  with  a  few  exceptions,  he  may  mark  the 
name  of  the  party  as  in  the  first  case,  but  he  will  also 
set  his  cross  before  the  names  of  such  individual 
candidates  of  other  parties  as  he  may  wish  to  vote 
for.  Finally,  without  paying  any  attention  to  the 
party  names,  he  may  mark  simply  the  names  of  indi- 

1  Hurd,  Revised  Statutes,  ch.  46,  §§  64,  235. 
a  Constitution  of  Illinois,  1870,  Art.  VII.  §  2. 
3  This  law  does  not  apply  to  school  elections. 


DEMOCRATIC.    Q  REPUBLICAN. 


Por  PmMot  «l  UM  UnttW  kt«t«S, 

WILLIAM  J.  BRYAN 


ARTHUR  SEWALL 


FRANCIS  M.  YODNQBLOOD 
HOWARD  S.  TAYLOR 
WILLIAM  H.  RUSSELL 
LAWRENCE  M.  ENN1S 
HERMAN  ALSCHDLER 
THOMAS  A.  SMYTH 
MAURICE  M.  O'CONNOR 

I        I  11  A  DTIW    DPnfPR 


WILLIAM  McKINLEY 

fW  Vk«-Pr*»l««it  «f  the  U»Ke4  »Utt«, 

GARRETT  A.  HOBART 


1M 


^TSON 


EMIL  0.  HIRSCH 
HORACE  S.  CLARK 
NOBLE  B.  JUDAH 
DAYTON  G.  GRAY 
CHARLES  L.  SHERLOCK 
FREDERICK  M.  BLOUNT 
EPHRAIM  BANNING 

PWli'QTIi'R   M   H4WRS 


EUAN 


Elections  71 

vidual  candidates  or  even  write  in  the  name  of  some 
one  who  is  not  on  the  list.  This  choice  of  methods 
provides  for  the  convenience  both  of  the  partisan  and 
the  independent  voter.  From  the  booth  where  the 
ballot  is  marked  and  folded,  the  voter  goes  to  the 
ballot  box,  where  he  gives  his  name  and  deposits  his 
vote.  No  electioneering  of  any  kind  is  allowed  in 
the  polling  place,  and  the  voter  who  shows  his  ballot 
is  guilty  of  a  penal  offense.1 

Great  care  is  taken  to  secure  the  prompt  and  accu-  The  canvass 
rate  counting  of  votes.  It  is  conducted  by  the  judges 
and  clerks  in  the  presence  of  the  "challengers"  of 
both  parties.  It  must  begin  as  soon  as  the  polls 
close  and  must  not  be  interrupted  until  it  is  finished. 
Under  the  general  election  law,  the  votes  of  all  the 
precincts  for  all  county  and  State  officers  are  can- 
vassed by  the  county  clerk  assisted  by  two  justices 
of  the  peace.  Under  the  city  election  law,  all  returns 
are  canvassed  by  the  county  judge  assisted  by  the 
city  attorney  and  the  board  of  election  commission- 
ers. In  the  case  of  members  of  the  legislature, 
judges  of  the  supreme  and  circuit  courts,  and  State 
officers  generally,  all  the  returns  are  finally  sent  to 
the  secretary  of  state.  Within  twenty  days  after 
the  election  they  must  be  canvassed  in  the  presence 
of  the  governor  by  a  board  consisting  of  the  secre- 

1  The  only  exception  to  the  rule  that  voters  must  mark  their 
ballots  alone  is  in  the  case  of  persons  who  are  willing  to  swear 
that  they  can  not  read  English  or  are  physically  unable  to  make 
the  necessary  marks.  Even  then  the  voter  must  be  assisted  by 
election  officers  of  different  political  parties.  Hurd,  Revised 
Statutes,  ch.  46,  §§  288-326.  An  act  approved  May  14,  1903, 
allows  the  use  of  voting  machines  in  places  where  they  may  be 
adopted  by  popular  vote.  Hurd,  Revised  Statutes,  ch.  46,  §§ 
430-451. 


Government  of  Illinois 


Penalties 
for  corrupt 
practices. 


Contested 
elections. 


History  of 
political 
parties  in 
Illinois. 


tary  of  state,  the  auditor,  the  treasurer,  and  the 
attorney  general.  The  successful  candidates  then 
receive  their  commissions  on  certificates  of  election 
from  the  governor.1 

Every  step  in  the  election  process  is  thus  carefully 
guarded  by  law,  and  there  are  heavy  penalties  for 
illegal  interference  with  the  freedom  and  honesty  of 
elections.  Under  the  general  election  law,  the  solic- 
iting or  receiving  of  bribes  is  punishable  by  impris- 
onment and  disfranchisement.  In  the  case  of  a 
second  offense,  the  disfranchisement  is  for  life. 
Under  the  city  election  law,  the  intimidation  or 
bribery  of  a  voter  is  punishable  by  imprisonment. 
There  are  other  penalties  for  corrupt  conduct  or 
negligence  on  the  part  of  election  officers.2 

Even  with  all  these  precautions,  there  is  still  dan- 
ger of  unfairness  or  carelessness.  The  constitution 
and  laws,  therefore,  provide  methods  for  the  trial  of 
contested  elections.  Contests  in  the  elections  for 
governor  and  other  State  executive  officers  are  de- 
cided by  a  joint  meeting  of  the  two  houses  of  the 
legislature.  Each  house  of  the  legislature,  acting 
separately,  decides  disputes  regarding  the  election 
of  its  own  members.  Other  contested  elections  are 
determined  by  the  circuit  and  county  courts.3 

30.     NOMINATIONS 

The  right  of  the  people  to  vote  for  public  officers 
will  mean  little  unless  they  are  able  also  to  control 
the  nomination  of  candidates.  In  any  large  State 
with  hundreds  of  thousands  of  voters,  there  can  be 

*  Kurd,  Revised  Statutes,  ch.  46,  §§  71-78,  248-254. 
'Ibid.,  ch.  46,  §§  81-93  K',  255-280. 
8  Ibid.,  ch.  46,  §§  94-123. 


Elections  73 

no  intelligent  choice  at  the  ballot  box  unless  in  some 
way  a  few  names  are  brought  before  the  people  of 
the  whole  State  as  candidates.  In  the  early  days, 
candidates  nominated  themselves  or  were  put  for- 
ward in  an  informal  way  by  their  admirers.  For 
many  years  there  were  no  nominating  conventions 
in  Illinois  and  no  really  organized  political  parties. 
As  the  population  increased,  this  informal  way  of 
making  nominations  became  impossible,  and  politi- 
cal parties  grew  up  with  elaborate  machinery  for  the 
purpose  of  nominating  candidates  for  office.  These 
parties  in  Illinois,  as  in  other  parts  of  the  Union,  are 
generally  divisions  of  great  national  organizations. 
For  about  half  a  century,  the  great  majority  of  the 
voters  have  cast  their  ballots  for  the  candidates 
either  of  the  Republican  or  Democratic  parties. 

The  subdivisions  of  each  party  organization  cor-  Party  con- 
respond  closely  with  those  of  the  government.  The 
township  convention  nominates  candidates  for 
township  offices,  but  it  also  appoints  and  sometimes 
instructs  delegates  to  the  county  convention.  The 
county  convention  in  turn,  besides  nominating  can- 
didates for  county  offices,  usually  sends  its  delegates 
to  the  State  convention.  In  Chicago,  the  delegates 
to  the  State  convention  are  chosen  directly  by  the 
voters  in  the  "primary  elections."  The  State  con- 
vention is  the  highest  authority  in  the  State  in  mat- 
ters of  party  policy.  It  prepares  the  party  platform 
and  nominates  candidates  for  State  offices.  There 
are  also  city  and  ward  conventions  for  the  nomina- 
tion of  municipal  officers ;  senatorial  district  conven- 
tions where  candidates  for  the  legislature  are  chosen ; 
and  congressional  conventions  where  congressmen 


74 


Government  of  Illinois 


Party  com- 
mittees. 


"Primary 
elections" 
regulated 
by  law. 


are  nominated  and  delegates  chosen  to  national  con- 
ventions. 

Only  a  small  part,  however,  of  the  business  of  any 
party  can  be  transacted  by  conventions  of  any  kind. 
The  real  work  of  pushing  candidates  is  done  by 
comparatively  few  men  organized  in  political  com- 
mittees. Each  party  has  its  township,  city,  county, 
and  "State  central"  committees.  At  the  head  of 
each  committee  is  a  chairman,  who  may  be  the  lead- 
er or  "boss"  of  his  party,  though  the  real  power  is 
often  in  the  hands  of  a  stronger  man  behind  the 
scenes. 

It  is  now  generally  understood  that  political  par- 
ties are  an  essential  part  of  the  system  of  choosing 
public  officers.  In  some  districts  where  one  party 
has  an  overwhelming  majority,  the  nomination  of 
that  party  is  said  to  be  "equivalent  to  an  election," 
and  is  practically  more  important  than  the  election 
itself.  Because  of  these  facts,  the  "primary  elec- 
tions," in  which  the  voters  of  each  party  nominate 
their  local  candidates  for  office  and  choose  delegates 
to  the  higher  conventions,  are  now  partially  regu- 
lated by  law.  The  most  thorough  measure  of  this 
kind  is  that  which  is  now  in  force  in  Chicago,  and 
which  may  be  adopted  elsewhere  if  the  voters  desire 
it.  Primary  elections  under  this  act  may  be  held  by 
any  party  which  polled  not  less  than  ten  per  cent,  of 
the  total  number  of  votes  cast  at  the  last  general 
election.  These  "primary  elections"  are  then  placed 
under  the  supervision  of  the  regular  board  of  election 
commissioners  and  conducted  under  rules  much  like 
those  prescribed  by  law  for  general  elections,  includ- 


Elections  .  75 

ing  penalties  for  the  bribery  or  intimidation  of  voters 
and  any  interference  with  an  honest  count.1 

Though   the  law  recognizes  political   parties,   it   independent 

.«....,  i      11  •       j.'  nominations. 

does  not  limit  the  voter  wholly  to  party  nominations. 
If  he  does  not  sympathize  with  the  policy  of  any 
existing  party,  or  if  he  is  dissatisfied  with  any  par- 
ticular candidate,  he  may  join  with  others  in  the 
making  of  independent  nominations.  In  the  case 
of  a  candidate  for  any  State  office,  a  nomination 
paper,  signed  by  one  thousand  legal  voters,  is  suffi- 
cient to  place  his  name  on  the  official  ballot.  A 
smaller  number  is,  of  course,  allowed  for  local  offi- 
ces. This  independent  method  of  nomination, 
though  of  little  importance  in  State  elections,  is 
sometimes  successful  in  municipal  elections  and  in 
the  choice  of  members  of  the  legislature.  In  any 
case,  it  is  clear  that  the  man  who  merely  votes  on 
election  day  will  have  little  influence  in  the  choice 
of  his  representatives.  He  must  first  do  his  part  in 
seeing  that  the  right  kind  of  men  are  nominated  for 
public  office. 2 

1  Kurd,  Revised  Statutes,  ch.  46,  §§  380-427. 
*  Ibid.,  ch.  46,  §§  292-294. 


CHAPTER  VI 

THE  CENTRAL  GOVERNMENT 
31.     REFERENCES 

Bryce,  American  Commonwealth,  I.,  chs.  40-42;  Hart,  Actual 
Government,  Part  III.;  Wilson,  The  State,  §§  1126-1208;  Hins- 
dale,  The  American  Government,  chs.  51-53;  Goodnow,  Com- 
parative Administrative  Law,  especially  Book  I.,  ch.  4,  Book  II., 
Division  I.,  ch.  3 ;  Cooley,  Constitutional  Limitations,  chs.  5-7 ; 
Black,  Handbook  of  American  Constitutional  Law,  chs.  11-13; 
Andrews,  American  Law,  chs.  22,  23. 

Documents :  Constitution  of  Illinois,  especially  Arts.  III.- 
VI. ;  Kurd,  Revised  Statutes;  Starr  and  Curtis,  Annotated 
Statutes  and  Supplements;  cf.  Moore,  An  Index-Digest  of  the 
Illinois  Reports,  and  [Reed  Adams],  The  Citator  (a  conven- 
ient guide  to  recent  decisions  of  the  Illinois  Supreme  and 
Appellate  Courts) ;  Rules  of  the  House  and  Senate  (in  House 
and  Senate  Journals} ;  the  Secretary  of  State,  Elue-book  of  the 
State  of  Illinois;  Pickering,  Official  Directory,  42nd  General 
Assembly. 

32.    THE  ORGANIZATION  OF  THE  LEGISLATURE 

Distribution  The  officers  of  the  State  have  been  already  divided 
of  powers.  jnto  two  ma{n  groups,  those  who  act  for  the  State  as 
a  whole  and  those  who  represent  the  various  sub- 
divisions of  the  State  in  the  work  of  local  govern- 
ment. The  central  government  and,  somewhat  less 
clearly,  the  local  governments  are  also  divided  into 
executive,  legislative  and  judicial  departments.  This 
distinction  is  emphasized  by  the  constitution,  which 
declares  that  "'no  persons,  or  collection  of  persons, 
being  one  of  these  departments,  shall  exercise  any 

76 


The  Central  Government  77 

power  properly  belonging  to  either  of  the  others."1 
The  highest  power  within  the  State,  next  to  that 
of  the  people  themselves,  has  been  given  to  the  law- 
making  body.  In  Illinois,  this  is  officially  known 
as  the  General  Assembly  and,  more  popularly,  as 
the  Legislature.  To  it  belongs  "every  power  in 
State  affairs  not  delegated  to  some  other  depart- 
ment, or  expressly  denied  to  it  by  the  constitution."2 

The  general  assembly,  like  the  Federal  congress,  The  general 
consists  of  two  houses,  the  Senate  and  the  House  of  assembly- 
Representatives ;  but  in  the  State  legislature,  both 
senators  and  representatives  are  chosen  directly  by 
the  same  people  grouped  in  the  same  districts.  In 
some  respects,  however,  the  two  houses  are  quite 
different.  Both  senators  and  representatives  must 
be  citizens  of  the  United  States  and  must  have  lived 
in  the  State  five  years  and  in  their  districts  two  years 
before  their  election ;  but  senators  must  be"  at  least 
twenty-five  years  old,  while  the  representatives  need 
be  only  twenty-one.  Again,  the  Senate  with  only 
fifty-one  members  is  a  small  body  as  compared  with 
the  House,  which  has  three  times  that  number.  The 
senators'  term  is  four  years,  while  that  of  the  repre- 
sentatives is  only  two.  At  the  close  of  every  bien- 
nial period,  half  of  the  senators  retire,  but  the  other 
half  remain  as  "hold-over"  members  of  the  next 
general  assembly.  Hence  senators  are  more  likely 
than  representatives  to  be  experienced  in  public 
business.3 

For  the  election  of  the  general  assembly,  the  State   Senatorial 

districts. 

1  Constitution  of  Illinois,  1870,  Art.  III. 

a  Winch  v.  Tobin,  107  Illinois  Reports,  215   (citing  earlier 
decisions). 
*  Constitution  of  Illinois,  1870,  Art.  IV.  §§  1-7. 


78  Government  of  Illinois 

is  divided  into  fifty-one  senatorial  districts,  marked 
out  by  the  legislature  every  ten  years  and  having  as 
nearly  as  possible  equal  population.1  The  districts 
must,  however,  be  bounded  by  county  lines  except 
when  one  county  is  entitled  to  more  than  one  sena- 
tor. Cook  County  now  has  eighteen  senatorial  dis- 
tricts, or  a  little  more  than  one-third  of  the  total  for 
the  State.  No  other  county  has  more  than  one. 
Each  senatorial  district  has  one  senator  and  three 
representatives.  It  is  commonly  charged  that  the 
apportionment  is  unequally  made  or  "gerryman- 
dered;" but  the  courts  will  not  declare  such  an  act 
unconstitutional  except  in  very  clear  cases.2 

The  three  representatives  are  chosen  according 
to  the  plan  of  "minority  representation."  Each 
voter  may  cast  three  votes  for  representatives  and 
may  cast  them  all  for  one  candidate  or  give  one  and 
one-half  votes  to  each  of  two  candidates  or  one  vote 
to  each  of  three.  Thus  any  party  supported  by 
more  than  one-fourth  of  the  voters  of  a  district  can 
always,  by  uniting  on  one  candidate,  secure  his  elec- 
tion. Each  party  usually  designates  on  the  official 
ballot  the  precise  way  in  which  it  wishes  the  votes 
divided  and  in  close  districts  the  party  vote  is  usual- 
ly divided  equally  between  two  candidates.  Voters, 
however,  frequently  show  their  personal  preferences 
by  "plumping"  their  votes  for  a  single  candidate. 

No  one  can  be  legally  elected  to  either  house  who 
has  been  convicted  of  bribery,  perjury,  or  any  other 
"infamous  crime,"  or  who,  having  held  public  funds, 
has  not  satisfactorily  accounted  for  them.  The  hold- 

1  As  shown  by  the  last  Federal  census. 

8  Constitution  of  Illinois,  1870,  Art.  IV.  §§  6-8;  Starr  and  Cur- 
tis, Annotated  Statutes,  123. 


The  Central  Government  79 

ing  of  lucrative  State  or  Federal  offices  is  also  a 
disqualification.  Each  member  must,  before  he  can 
take  his  seat,  declare  on  oath  that  he  has  not  given 
any  bribe  to  secure  his  election  and  that  he  will 
accept  none  during  his  term  of  service.  Any  mem- 
ber who  refuses  to  take  this  oath  or  who  swears 
falsely  or  violates  his  oath,  forfeits  his  seat.  All 
questions  as  to  the  right  of  any  member  to  his  seat 
are  decided  by  each  house  for  its  own  members.1 

The  election  of  the  general  assembly  takes  place  Sessions  of 
on  the  Tuesday  after  the  first  Monday  in  November 
in  the  even-numbered  years.  Their  regular  session 
begins  on  the  first  Wednesday  after  the  first  Monday 
in  the  following  January.  Other  sessions  can  be 
held  only  when  called  by  the  governor  on  what  the 
constitution  calls  "extraordinary  occasions."  The 
governor  then  in  his  proclamation  states  the  busi- 
ness for  which  the  session  is  called  and  no  other 
business  can  be  transacted.2  The  sessions  of  the 
legislature  are  held  at  Springfield  which  is  also  the 
seat  of  the  chief  executive  offices  and  of  the  Supreme 
Court. 

During  the  sessions,  members  of  each  house  have  Privileges 
a  privileged  character.     Except  for  "treason,  felony,  of  members- 
or  breach  of  the  peace,"  they  can  not  be  arrested 
while  in  attendance  or  while  going  to  or  returning 
from  any  session.     They  can  also  not  be  held  to 
account   elsewhere  for  anything  said  by  them   in 
either  house.3     Their  salaries  are  fixed  by  law.     At 
present  each  representative  or  senator  is  entitled  to 
a  fixed  salary  of  $1,000  for  his  attendance  at  a  regu- 

1  Constitution  of  Illinois,  1870,  Art.  IV.  §§  3,  4,  5,  9. 
'Ibid.,  Art.  IV.  §9;  Art.  V.  §8. 
3  Ibid.,  Art.  IV.  §  14. 


8o 


Government  of  Illinois 


Officers  of 
the  House 

and  Senate™ 


Semi-judi- 
cial powers. 


The  making 
of  laws. 


lar  session.  For  special  sessions,  members  receive 
five  dollars  a  day.  There  is  also  an  allowance  for 
traveling  expenses.1 

When  the  general  assembly  meets,  its  first  work 
is  to  organize  itself  for  the  orderly  transaction  of 
business.  The  Senate  is  presided  over  by  the  lieu- 
tenant governor,  but  it  also  elects  a  president  pro  tern. 
to  preside  in  his  absence.  The  House  of  Repre- 
sentatives is  called  to  order  by  the  secretary  of  state, 
who  presides  until  a  temporary  speaker  is  chosen. 
This  temporary  organization  is,  however,  soon  suc- 
ceeded by  the  choice  of  a  permanent  speaker  and 
other  permanent  officers  of  the  House,  of  whom  the 
most  important  is  the  clerk.  Similar  subordinate 
officers  are  appointed  for  the  Senate. 

Either  house  may  by  a  two-thirds  vote  expel  one 
of  its  members  and  may  even  impose  small  penalties 
for  improper  conduct  in  the  house  by  persons  who 
are  not  members.  It  may  also  compel  the  attend- 
ance of  witnesses  and  punish  by  fine  any  one  who 
refuses  to  obey.  Thus  the  two  houses  of  the  general 
assembly  have  some  of  the  powers  of  a  court  of  law.2 

33.    THE  MAKING  OF  LAWS 

The  chief  purpose  of  the  general  assembly  is  to 
pass  laws.  This  requires  the  consent  of  the  major- 
ity of  the  members  elected  in  each  house.  A  bill  so 
passed  must  be  presented  to  the  governor,  who  can 
either  approve  or  veto  it.  If  he  does  not  act  upon 
the  bill  within  ten  days  after  it  is  presented  to  him, 

1  Constitution  of  Illinois,  1870,  §  21 ;  Kurd,  Revised  Statutes, 
ch.  63,  §§  15,  16. 

2  Constitution  of  Illinois,  1870,  Art.  IV.  §  9 ;  Kurd,  Revised 
Statutes,  ch.  63,  §§  6-14;  Rules  of  the  House  in  House  Journal, 
1901. 


The  Central  Government  8l 

it  becomes  a  law  without  his  approval.  If  he  vetoes 
it,  it  may  still  become  a  law  if  passed  over  his  veto 
by  a  vote  of  two-thirds  of  the  members  elected  to 
each  house.1 

These  general  principles  are  simple,  but  the  real  Legislative 
work  of  passing  laws  is  difficult  and  is  governed  by  r 
elaborate  rules  laid  down  partly  in  the  constitution 
and  partly  in  rules  of  each  house.  These  rules  are 
adopted  at  the  opening  of  every  general  assembly 
but  are  ordinarily  continued  with  slight  changes 
from  year  to  year.  In  order  to  secure  an  accurate 
record,  the  constitution  requires  each  house  to  keep 
a  journal.  Since  the  people  are  entitled  to  know 
what  their  representatives  are  doing,  the  journals 
must  be  published;  the  votes  of  individual  members 
must  always  be  recorded  in  the  final  passage  of  all 
bills  and  on  any  other  occasion  when  called  for  by 
a  sufficient  number  (five  in  the  House  and  two  in  the 
Senate).  The  purpose  of  each  bill  must  be  stated 
in  the  title,  the  bill  must  be  "read  at  large  on  three 
different  days  in  each  house,  and  before  its  final 
passage  it  must  be  printed  with  all  of  its  amend- 
ments." In  passing  bills,  the  two  houses  have  equal 
rights.  A  bill  may  be  introduced  in  either  house 
and  after  its  passage  there  it  may  be  amended  or 
rejected  by  the  other.2 

An  important  feature  of  legislative  business  is  the  The  commit- 
committee  system.     In  1901  the  Senate  had  thirty-  * 
eight  standing  committees  and  the  House  fifty-eight. 

1  Constitution  of  Illinois,  1870,  Art.  IV.  §  12;  Art.  V.  §  16  (as 
amended,  1884). 

2  Ibid.,  Art.  IV.  §§  10-13.     The  constitutional  provision  that 
any  five  members  may  demand  the  yeas  and  nays  has  sometimes, 
however,  been  evaded  by  the  speaker's  refusing  to  recognize 
members  for  this  purpose. 

6 


82  Government  of  Illinois 

In  the  State,  as  in  the  Federal,  Senate,  committees  are 
appointed  by  resolution  of  the  Senate.  In  the  House, 
this  great  power  is  given  to  the  speaker.  Among 
the  most  important  committees  are  those  of  each 
house  on  the  judiciary,  appropriations,  finance,  rev- 
enue, and  corporations.  Each  house  has  a  compar- 
atively small  Committee  on  Rules,  which  has  gen- 
eral oversight  over  methods  of  conducting  business.1 
In  some  large  committees  much  important  work  is 
done  by  sub-committees. 

Party  cau-  The  conduct  of  business  is  also  influenced  by 
committed  Party  machinery.  Most  measures  passed  are  non- 
partisan  ;  that  is,  they  are  not  made  issues  between 
the  parties ;  but  in  some  matters,  such  as  the  election 
of  United  States  senators,  party  lines  are  always 
drawn.  Even  in  matters  naturally  non-partisan, 
one  party  or  the  other  sometimes  thinks  it  desirable 
to  have  a  definite  party  policy.  A  caucus  of  the 
members  of  that  party  may  then  be  held.  To  carry 
out  such  party  policies  and  to  look  after  party  inter- 
ests generally,  there  are  Republican  and  Democratic 
"steering  committees"  appointed  in  each  house.2 
The  history  These  legislative  methods  may  be  illustrated  by 
of  a  bill.  taking  as  an  example  an  imaginary  bill  introduced 
in  the  House.  It  is  first  read  by  title  and  referred  to 
a  committee.  Some  bills  never  get  farther  than  this. 
If  the  committee  approves  of  the  bill,  it  will  be 
reported  to  the  House  with  a  recommendation  that 

1  These  committees  vary  greatly  in  size.    In  1901  the  impor- 
tant House  committee  on  rules  had  only  nine  members,  and  the 
Senate  committee,  only  seven.    The  committees  on  appropria- 
tions  are  always  large.     In   1901   the   Senate   committee  had 
eighteen  members  and  the  House  committee  thirty-three.    House 
Journal,  IQOI,  97-98;  Senate  Journal,  1901,  213,  206-208. 

2  Pickering,  Official  Directory,  42nd  General  Assembly. 


The  Central  Government  83 

it  be  passed.  If  the  members  of  the  committee  ap- 
prove of  the  bill  as  a  whole,  but  not  in  all  its  details, 
they  will  either  report  the  bill  with  their  amendments 
or  propose  a  substitute. 

A  bill  reported  favorably  by  the  committee  is 
usually  read  a  first  time  in  full  and  ordered  to  be 
read  a  second  time  on  a  subsequent  day.  On  the 
second  reading,  amendments  may  be  made,  after 
which  the  bill  with  the  amendments  adopted  is  or- 
dered to  a  third  reading.  After  that,  it  can  not  be 
amended  except  by  unanimous  consent  of  the  mem- 
bers present,  or  by  sending  it  back  to  a  committee. 
On  some  later  day  the  bill  is  read  a  third  time  and 
the  vote  taken  on  its  final  passage. 

Throughout  these  House  proceedings,  the  speaker  Power  of 
has  great  influence ;  not  only  because  he  appoints  the 
committees,  but  because  he  may  recognize  or  ignore 
members  according  as  he  approves  or  disapproves 
their  motions.  He  also  declares  the  result  of  the 
vote,  and  if  he  is  an  unscrupulous  partisan,  he  may, 
except  when  the  yeas  and  nays  are  taken,  declare 
motions  carried  which  on  a  fair  vote  would  be  de- 
feated. In  other  cases,  however,  the  speaker  uses 
these  large  powers  as  the  representative  of  the  ma- 
jority, in  order  to  hasten  the  passage  of  measures 
desired  by  them. 

After  passing  the  House,  the  bill  goes  to  the  Sen-  Senate  pro- 
ate,  is  again  referred  to  a  committee  and  is  otherwise  0^^^ 
treated  much  as  in  the  House.     The  Senate  may  committees. 
then  pass  the  bill  as  a  whole  or  with  amendments. 
If  amendments  are  adopted,  the  House  must  agree 
to  them.     If  it  does  not  do  so,  a  conference  is  held 
by  committees  of  the  two  houses  and  they  try  to 
patch  up  their  differences. 


84 


Government  of  Illinois 


Governor's 
veto. 


Law-making 

power 

limited. 


Prohibition 
of  special 
legislation 
evaded. 


If  they  finally  agree,  the  bill  goes  to  the  governor, 
who  may  still  defeat  it  by  veto.  In  most  cases  the 
governor  must  either  veto  or  approve  the  bill  as  a 
whole.  He  may,  however,  veto  objectionable  items 
in  an  appropriation  bill  while  approving  the  bill  as 
a  whole.1  The  number  of  bills  vetoed  is  usually 
small  as  compared  with  those  which  are  killed  in  the 
House  or  Senate.  In  1901,  out  of  more  than  twelve 
hundred  bills  introduced,  only  187  passed  both 
houses  and  were  presented  to  the  governor,  and  all 
but  eight  of  these  were  signed  by  him  and  became 
law.  These  statistics  do  not,  however,  show  fully 
the  influence  of  the  governor,  which  is  often  strongly 
used  for  or  against  bills  in  which  he  is  interested.8 

Powerful  as  the  legislature  is,  its  law-making 
power  is  carefully  defined  and  limited.  One  of  the 
most  important  differences  between  the  present 
constitution  of  Illinois  and  that  of  1818  is  the  great 
increase  in  the  number  of  these  limitations.  Thus 
the  legislature  is  forbidden,  in  most  cases,  to  pass 
special  laws.  It  may  not  incorporate  a  particular 
railroad  or  pass  a  law  referring  specifically  to  a 
particular  city.  All  such  laws  must  be  general,  that 
is,  they  must  apply  to  all  persons,  or  places,  or  cor- 
porations in  the  State,  or  to  all  those  of  a  given 
class.3 

The  needs  of  certain  places,  particularly  those  of 

1  Constitution  of  Illinois,  1870,  Art.  V.  §  16,  as  amended  in 


2  Rules  of  the  House  (  in  House  Journal,  1901,  95-102;  Senate 
Rules  (in  Senate  Journal,  1901,  210-216).  Trace  also  the  his- 
tory of  House  Bill  798  (primary  election  law),  using  the  indexes 
of  the  House  and  Senate  Journals.  See  also  statistics  in  House 
Journal,  1069. 

s  Constitution  of  Illinois,  1870,  Art.  IV.  §  22 ;  X ;  XL 


The  Central  Government  85 

Chicago,  are  so  different  from  those  of  others  that 
this  restriction  has  proved  inconvenient  and  has 
sometimes  been  evaded.  This  may  be  done  by  pass- 
ing a  law  which,  though  general  in  its  language,  can 
really  apply  only  to  one  city  or  county.  Thus  the 
primary  election  law  of  1901  provided  that  certain 
rules  should  apply  unconditionally  in  any  county 
with  more  than  125,000  inhabitants.  This  could 
only  mean  Cook  County.  Sometimes  also  it  is 
provided  that  a  particular  act  shall  apply  only  in 
those  counties  which  vote  in  favor  of  it.1  Though 
in  some  respects  this  prohibition  of  special  legisla- 
tion is  inconvenient,  it  has  probably  prevented  much 
reckless  and  corrupt  legislation  in  aid  of  private 
interests.  Another  important  clause  forbids  the  in- 
curring of  a  large  debt  without  a  special  vote  of  the 
people.2  These  restrictions  seem  to  show  that  in 
Illinois  as  in  other  American  States  the  people  do 
not  have  unlimited  confidence  in  the  wisdom  and 
integrity  of  their  representatives. 

34.    THE  EXECUTIVE  POWER 

The  general  assembly  makes  the  laws,  but  it  can  The 
not  itself  enforce  them.  For  the  purpose  of  seeing 
that  the  general  rules  of  the  law  are  actually  carried 
into  effect,  the  constitution  has  established  the 
executive  and  judicial  departments.  Though  the 
judges  must  be  looked  to  to  decide  just  what  the  law 
is  in  any  particular  case,  it  is  the  executive  which  in 
the  long  run  has  the  force  necessary  to  compel  obedi- 
ence. 

1  Kurd,  Revised  Statutes,  ch.  46,  §§  287,  28;a,  428 ;  Starr  and 

Curtis,  Annotated  Statutes,  781. 

2  Constitution  of  Illinois,  1870,  Art.  IV.  §  18. 


86 


Government  of  Illinois 


Federal  and 
State 

executives 
compared. 


Qualifica- 
tions and 
tenure  of 
office.     Im- 
peachment. 


There  is  one  great  difference  between  the  State 
executive  and  that  of  the  Union.  The  constitution 
of  the  United  States  adopts  the  principle  of  a  single 
executive  head  and  says,  "The  executive  power  shall 
be  vested  in  a  president  of  the  United  States  of 
America."  Hence  the  other  executive  officers  de- 
rive their  authority,  directly  or  indirectly,  from  the 
president,  who  is  responsible  for  all  executive  poli- 
cies. The  constitution  of  Illinois  says,  indeed,  that 
"the  supreme  executive  power  shall  be  vested  in  the 
governor,"  but  it  declares  also  that  the  "executive 
department  shall  consist  of  a  governor,  lieutenant 
governor,  secretary  of  state,  auditor  of  public  ac- 
counts, treasurer,  superintendent  of  public  instruc- 
tion and  attorney  general."  Each  of  these  additional 
officers  is  chosen  directly  by  the  people,  quite  inde- 
pendently of  the  governor.  Nevertheless,  the  gov- 
ernor does  have  the  duty  of  general  oversight,  and 
it  is  his  peculiar  duty  "to  take  care  that  the  laws  be 
faithfully  executed."1 

The  governor  of  Illinois  must  be  at  least  thirty 
years  old  and  must  have  been  for  five  years  a  citizen 
of  the  State  and  of  the  United  States.  His  term  of 
four  years  is  the  same  as  that  of  the  president  and 
longer  than  those  of  most  American  governors.  He 
may  also  be  reflected  for  one  or  more  terms,2  though 
few  have  actually  been  so  reflected.  Like  other 
State  executive  and  judicial  officers,  he  may  be 
removed  by  impeachment.  This  requires,  first,  the 
votes  of  a  majority  of  all  the  representatives.  The 
impeachment  is  then  tried  by  the  Senate  and  in  the 
trial  of  a  governor  the  chief  justice  would  preside. 

1  Constitution  of  Illinois,  1870,  Art.  V.  §§  i,  s,  6. 

2  Ibid.,  Art.  V.  §5- 


The  Central  Government  87 

Two-thirds  of  all  the  senators  elected  must  consent 
in  order  to  secure  a  conviction.1  No  governor  of 
Illinois  has  yet  been  impeached. 

The  governor  exercises  a  general  supervision  over  Supervision 
the  State  government  in  order  that  the  laws  may  be  of  oth?r 

•*  executive 

"faithfully   executed."     All    executive    officers   and  officers.    Ap- 
the  governing  boards  of  the  State  institutions  must  P°intments 

0  t  .         and  remov- 

therefore  report  to  him  regularly  and  on  such  special  ais. 
occasions  as  he  thinks  necessary.2  Closely  connect- 
ed with  this  duty  is  the  governor's  power  of  appoint- 
ing and  removing  officers.  Though  some  of  the 
more  important  State  officers  are  elected,  a  very 
large  proportion  of  all  the  officers  of  the  central 
government  are  appointed  by  the  governor  with  the 
consent  of  the  Senate,  and  may  be  removed  by  him. 
The  number  of  officers  appointed  by  the  governor 
has  steadily  increased  during  recent  years  and  he 
may  justly  be  held  responsible  for  their  management 
of  the  public  interests.3 

If  the  authority  of  legal  officers  is  anywhere  re-  The  governor 
sisted,  the  governor  as  commander-in-chief  may  call  mander-in- 
the  State  militia  into  service  for  the  preservation  of  chief, 
order  and  the  enforcement  of  law.     In  the  exercise 
of  this  authority  as  commander-in-chief,  the  gover- 
nor is  assisted  by  an  officer  appointed  by  him  called 
the  adjutant  general.4 

The  governor  has  also  the  power  in  individual  Pardoning 

power. 

1  Constitution  of  Illinois,  1870,  Art.  IV.  §  24. 

"Ibid.,  Art.  V.  §§6,  21. 

3  Even  in  the  case  of  such  State  officers  as  the  secretary  of 
state  and  the  treasurer,  the  governor  may  make  temporary  ap- 
pointments to  fill  vacancies.  Ibid.,  Art.  V  §§  10-12,  20. 

*  Ibid.,  Art.  V.  §  14;  The  Military  and  Naval  Code  of  Illinois 
(Act  approved  May  14,  1903),  especially  §§  2-32  (in  Kurd,  Re- 
vised Statutes,  ch.  129). 


88 


Government  of  Illinois 


cases  to  pardon  offenses  against  the  State.  He  may 
pardon  a  criminal  outright,  or  delay  his  punishment 
by  a  reprieve,  or  commute  (lessen)  the  penalty.  The 
legislature,  however,  may  lay  down  rules  as  to  the 
method  of  applying  for  pardons  and  such  applica- 
tions must  now  be  passed  upon  first  by  the  State 
Board  of  Pardons.  The  report  of  the  Board  does 
not,  however,  bind  the  governor.1 

The  governor  has  a  considerable  power  over  the 
general  assembly  through  his  right  of  veto.  He 
can  also  fix  the  date  of  adjournment  when  the  two 
houses  can  not  agree.  He  calls  special  sessions  of 
the  legislature  at  his  discretion  and  decides  what 
subjects  may  then  be  acted  upon.  He  may  also 
recommend  measures  to  the  general  assembly  and 
his  influence  over  it  is  often  very  great,  especially 
with  those  members  who  belong  to  his  own  party. 
On  the  other  hand,  the  general  assembly  is  entitled 
to  have  from  the  governor  at  the  opening  of  each 
session  a  general  report  on  the  condition  of  the 
State  and  a  particular  account  of  money  spent  by 
his  order.  He  must  also  transmit  to  the  general 
assembly  the  reports  which  he  has  received  from 
other  State  officers.2 

The  governor  is  the  usual  representative  of  the 
State  in  its  relation  with  the  United  States  and  with 
other  State  governments.  One  of  his  most  impor- 
tant duties  of  this  kind  is  that  of  delivering  up  fugi- 
tives from  justice  on  the  demand  of  other  States,  or 
himself  issuing  requisitions  upon  other  governors 

1  Constitution  of  Illinois,  1870,  Art..V.  §  13;  Revised  Statutes, 
ch.  1043. 

2  Constitution  of  Illinois,  1870,  Art.  V.  §§  7-9,  16,  20,  21. 


The  Central  Government  89 

for  fugitives  charged  with  offenses  against  the  laws 
of  Illinois.1 

If  the  governor  dies  or  resigns,  or  is  removed  from  Lieutenant 
office  by  impeachment,  his  place  is  filled  for  the  s°vernor- 
remainder  of  his  term  by  the  lieutenant  governor, 
who  also  acts  for  him  if  he  is  unable,  because  of 
absence  from  the  State  or  for  any  other  reason,  to 
perform  his  duties.  At  other  times  the  lieutenant 
governor's  only  duty  is  that  of  presiding  over  the 
Senate.  He  does  not  appoint  the  committees,  but 
may  give  the  casting  vote  in  case  of  a  tie.2  When 
there  is  neither  a  governor  nor  a  lieutenant  governor, 
the  work  and  the  authority  of  the  governor  pass  in 
succession  to  the  president  pro  tern,  of  the  Senate 
and  the  speaker  of  the  House  of  Representatives.3 

There  are  five  other  State  executive  officers  elected  Other  execu' 
by  the  people,  all  but  one  chosen  for  the  term  of  four  elected  by" 
years.4     The  secretary  of  state  has  charge  of  the  the  people, 
records  of  the  State  and  certifies  the  official  proceed- 
ings of  the  governor  and  assembly.     He  also  issues 
charters  to  corporations  under  the  general  State  laws 
and  is  expected  to  exercise  a  certain  supervision  over 
them.5     The  attorney  general  is  the  legal  adviser 
of  the  other  State  officers  and  acts  as  counsel  for  the 
State  in  important  cases.     He  may  also  be  called 
upon  to  give  legal  advice  to  the  general  assembly.8 
The    State    superintendent    of    public    instruction, 
though  classed  as  an  executive  officer,  has  little  real 

1  Constitution  of  the  United  States,  Art.  IV.  §  2. 

3  Constitution  of  Illinois,  1870,  Art.  V.  §§  17-18. 

'Ibid.,  §19. 

'Ibid.,  §  i. 

5  Kurd,  Revised  Statutes,  ch.  124 ;  32,  §  2. 

•Ibid.,ch.  14. 


90  Government  of  Illinois 

executive  power.  His  work  is  chiefly  that  of  super- 
vision and  advice.1 

The  two  officers  who  are  specially  entrusted  with 
the  finances  of  the  State  are  the  State  treasurer  and 
the  auditor  of  public  accounts.  The  State  treasurer 
receives  the  public  money  and  pays  it  out  in  accord- 
ance with  law,  giving  heavy  bonds  in  order  to  insure 
the  State  against  loss.  Unlike  the  other  elective 
State  officers,  his  term  is  limited  to  two  years  and 
he  can  not  serve  two  consecutive  terms.  The  treas- 
urer is  checked  by  the  auditor,  who  keeps  the  ac- 
counts of  the  State.  No  money  can  be  received  or 
paid  out  by  the  treasurer  without  the  auditor's  order 
or  warrant.2 

To  these  officers  who  do  their  work  at  the  capital, 
we  must  add,  as  the  only  other  officers  who  are 
elected  by  the  people  of  the  State  as  a  whole,  the 
trustees  of  the  University  of  Illinois.3  Most  of  the 
other  State  officers  are  appointed  either  by  the  gov- 
ernor or  by  some  other  elective  State  officer. 

35.    THE  JUDICIARY 

In  the  enforcement  of  the  law,  questions  con- 
stantly arise  either  as  to  its  meaning  or  as  to  the 
facts  in  any  particular  case  to  which  that  law  is 
supposed  to  apply.  Has  an  officer  acted  within  his 
rights?  Is  John  Smith  guilty  of  theft?  Does  a 
particular  piece  of  land  belong  to  John  Doe  or 
Richard  Roe?  Such  questions  must  be  answered 
by  the  courts  of  law. 

There  are  now  three  kinds  of  courts  whose  au- 

1  Kurd,  Revised  Statutes,  ch.  122,  §§  1-6.    See  below  ch.  14. 
'Ibid.,  chs.  15,  130. 
*  Ibid.,  ch.  144. 


The  Central  Government  91 

thority  extends  over  districts  larger  than  a  single 
county  and  which  may  therefore  be  considered  as 
State  rather  than  local  courts.  These  are  the  circuit 
courts,  the  appellate  courts,  and  the  supreme  court. 
Two  general  principles  apply  to  them  all.  First, 
they  are  not  appointed  by  the  governor,1  as  the 
Federal  judges  are  by  the  president,  but  are  elected 
by  the  people.  Secondly,  instead  of  holding  office 
for  life  or  during  good  behavior  like  the  Federal 
judges,  they  have  definite  terms  of  six  or  nine  years. 
The  State  judges  are  thus  more  dependent  upon  the 
people.  During  their  terms  of  office,  however,  they 
can  not  be  removed  except  by  impeachment,  or  by 
a  three-fourths  vote  of  all  the  members  elected  to 
each  house  of  the  general  assembly.  Their  inde- 
pendence is  also  protected  by  the  constitutional  pro- 
vision that  their  salaries  can  not  be  changed  during 
the  terms  for  which  they  are  elected.2 

For  the  organization  of  the  circuit  courts,  the  Circuit 
State  is  now  divided  into  eighteen  judicial  circuits.  courts> 
Cook  County  makes  a  circuit  by  itself,  but  elsewhere 
three  or  more  counties  are  combined.  In  each  cir- 
cuit except  Cook  County  three  judges  are  elected  on 
a  "general  ticket"  once  in  six  years.  The  sessions 
of  the  circuit  court  are  held  in  succession  in  each 
county  of  the  circuit  and  at  every  such  session  or 
term  one  of  the  circuit  judges,  and  one  only,  must 
preside.  The  distribution  of  this  work  is  arranged 
by  the  judges  among  themselves.3  In  Cook  County, 
legal  business  is  so  much  greater  that  the  number  of 
judges  is  made  larger.  Provision  is  also  made  for 

1  Except  to  fill  vacancies  for  short  periods. 
3  Constitution  of  Illinois,  1870,  Art.  VI. 
*  Hurd,  Revised  Statutes,  ch.  37,  §§  73-81. 


92  Government  of  Illinois 

two  special  courts  known  as  the  Superior  Court  of 
Cook  County  and  the  Criminal  Court  of  Cook  County, 
each  of  which  does  some  of  the  work  which  would 
elsewhere  be  done  by  the  circuit  judges.1  The  gen- 
eral rule  of  the  constitution  is  that  the  circuit  courts 
have  "original  jurisdiction  of  all  causes  in  law  and 
equity."  This  means  that  the  trial  of  any  case  may 
be  begun  in  these  courts.  The  circuit  judges  may 
also  hear  appeals  from  decisions  of  the  county  and 
other  local  courts.2 

Next  above  the  circuit  courts  are  the  appellate 
courts.  The  law  now  provides  for  four  appellate 
court  districts.  Cook  County  again  constitutes  one 
district  and  there  is  one  each  for  the  northern,  cen- 
tral, and  southern  sections  of  the  State.  No  judges 
are  specially  elected  for  this  service,  but  in  each  dis- 
trict three  circuit  judges  are  assigned  by  the  supreme 
court  for  three  years'  work  in  the  appellate  court. 
These  three  judges  then  choose  one  of  themselves 
as  presiding  justice.  The  appellate  courts  hear  ap- 
peals, in  certain  cases,  from  the  circuit  and  county 
courts.3  On  account  of  the  overcrowding  of  the 
appellate  court  of  Cook  County,  the  legislature  in 
1897  provided  for  a  branch  appellate  court  to  be 
formed  by  the  assignment  of  three  more  circuit 
judges.4 

1  Constitution  of  Illinois,  1870,  Art.  VI.  §§  23-28.  In  a  few 
cities  of  the  State,  there  are  so-called  "city  courts,"  which  have 
a  jurisdiction  like  that  of  the  circuit  courts.  Blue  Book,  1903, 

19- 

8  Kurd,  Revised  Statutes,  ch.  37,  §§  36-82C.  The  circuit  court 
also  appoints  in  each  county  a  judicial  officer  called  the  master 
in  chancery.  Revised  Statutes,  ch.  90. 

8  Ibid.,  ch.  37,  §§  i8-35a.  In  Cook  County  superior  court 
judges  may  be  so  assigned. 

*Ibid.t  ch.  37,  §§  35b-35k. 


The  Central  Government  93 

The  highest  State  court  is  the  supreme  court,  con-  Supreme 
sisting  of  seven  judges,  one  from  each  of  seven  judi- 
cial districts.  The  elections  in  the  different  districts 
are  held  in  different  years,  but  each  judge  is  elected 
for  a  term  of  nine  years.  Since  judges  are  frequent- 
ly reflected,  the  court  is  made  up  largely  of  men 
who  have  had  long  experience.  Of  the  five  judges 
elected  in  1897,  f°ur  nacl  already  been  members. 
The  office  of  chief  justice  is  held  in  turn  by  different 
members  and  four  judges  must  agree  in  order  to 
decide  any  case.  In  a  few  cases,  the  supreme  court 
may  exercise  original  jurisdiction,  that  is,  it  may  act 
upon  a  suit  which  has  not  been  heard  in  the  lower 
courts.  In  general,  however,  it  is  a  court  of  appeals 
either  from  the  appellate  court,  or  directly  from  the 
circuit  and  county  courts.1 

Though  the  work  of  the  judges  consists  chiefly  in  Advice  on 
the  trial  of  individual  cases,  the  constitution  also  lesislatlon- 
requires  them  to  give  advice  on  general  principles 
of  law.     Thus,  the  judges  of  the  lower  courts  are 
required  to  report  to  the  supreme  court  every  year 
such  defects  in  the  law  as  they  may  have  observed. 
The  supreme  court  judges,  besides  pointing  out  such 
defects  in  the  constitution  and  laws,  are  required  to 
submit  "forms  of  bills  to  cure  such  defects  and  omis- 
sions in  the  laws."2 

For  the  assistance  of  the  judges,  certain  clerical  clerks, 
and  administrative  officers  are  provided.     The  su- 
preme court  has  a  clerk  elected  by  the  people  of  the 


1  Constitution  of  Illinois,  1870,  Art.  VI.  §§  2-10;  The  Blue 
Book,  1903,  263-264. 

2  Ibid.,  Art.  VI.  §31- 


94  Government  of  Illinois 

State  for  a  term  of  six  years  and  a  reporter  chosen 
by  the  court  itself.  The  appellate  and  circuit  court 
clerks  are  also  elected  by  the  people.1 

1  Constitution  of  Illinois,  1870,  §§  9,  100;  Kurd,  Revised  Stat- 
utes, ch.  25,  §  5 ;  ch.  37,  §§  3a,  20,  21. 


CHAPTER  VII 

THE  LOCAL  GOVERNMENTS 

36.    REFERENCES 

Bryce,  American  Commonwealth,  L,  chs.  48-52;  Hinsdale, 
The  American  Government,  ch.  55 ;  Hart,  Actual  Government, 
Part  IV. ;  Wilson,  The  State,  §§  1209-1259;  Goodnow,  Compara- 
tive Administrative  Law,  Book  III. ;  Cooley, Constitutional  Lim- 
itations, ch.  8;  Black,  Handbook  of  American  Constitutional 
Law,  ch.  17;  Andrews,  American  Law,  chs.  24,  25;  Commons, 
Proportional  Representation,  ch.  8;  Dillon,Commentaries  on  the 
Law  of  Municipal  Corporations,  especially  I.,  ch.  5 ;  How  and 
Bemis,  Municipal  Police  Ordinances;  Brooks,  "Bibliography  of 
Municipal  Administration  and  City  Conditions"  (in  Municipal 
Affairs,  L,  with  supplementary  lists  in  later  issues)  ;  Howard, 
Local  Constitutional  History  of  the  United  States,  chs.  4,  10; 
Goodnow,  Municipal  Home  Rule;  Wilcox,  Study  of  City  Gov- 
ernment; Shaw,  "Local  Government  in  Illinois"  (in  Johns 
Hopkins  University  Studies  in  History  and  Political  Science,  I., 
No.  10)  ;  Haines,  Township  and  County  Organisation;  James, 
The  Charters  of  the  City  of  Chicago,  Part  L,  ch.  i.  Compare 
for  suggestions  from  European  experience  Shaw,  Municipal 
Government  in  Continental  Europe  and  Municipal  Government 
in  Great  Britain,  and  Fairlie,  Municipal  Administration. 

Documents:  Hurd,  Revised  Statutes,  ch.  24;  Starr  and 
Curtis,  Annotated  Statutes;  revised  ordinances  of  particular 


37.    COUNTY  GOVERNMENT 

It   is   one  of  the   most  important   principles  of  Principles 
American  politics  that  the  people  of  any  particular 
district  or  community  ought,  so  far  as  possible,  to 
manage  their  own  affairs.     On  the  other  hand,  the 
different  parts  of  a  State,  being  much  more  closely 

95 


Government  of  Illinois 


The  county. 


County 
boards. 


related  to  each  other  than  are  the  different  States 
of  the  Union,  must  be  largely  governed  by  general 
laws  adopted  by  and  for  the  State  as  a  whole.  To 
a  large  extent,  also,  local  officers  have  not  only  to 
manage  local  affairs,  but  must  also  act  as  agents  of 
the  State,  as,  for  example,  in  laying  taxes  and  keep- 
ing order. 

The  largest  subdivision  for  purposes  of  local  gov- 
ernment is  the  county.  There  are  now  102  counties 
in  Illinois,  differing  greatly  in  area,  one  county 
(McLean)  having  about  the  same  land  area  as 
Rhode  Island.  The  differences  in  population  are 
even  greater.  Cook  County  had  in  1900  nearly 
2,000,000  inhabitants,  and  a  few  of  the  smaller 
counties  had  less  than  10,000. 

The  chief  authority  in  each  county  is  the  county 
board  which  has  general  charge  of  county  property 
and  has  the  right  to  lay  a  limited  amount  of  taxes 
for  county  purposes.1  There  are  now  three  distinct 
kinds  of  county  boards  in  Illinois.  The  county  com- 
missioner system  is  in  force  in  nineteen  counties 
where  no  township  governments  have  been  organ- 
ized. The  board  there  consists  of  three  commis- 
sioners elected  by  the  people  of  the  county.2  Under 
the  township-county  system,  the  county  is  divided 
into  townships  and  is  governed  by  a  board  of  super- 
visors, one  or  more  supervisors  being  elected  by  the 
people  of  each  township.3  Finally,  Cook  County, 
with  its  great  city  population  and  immense  business 

1  Kurd,  Revised  Statutes,  ch.  34,  §§  25-28 ;  Constitution  of  Illi- 
nois, 1870,  Art.  IX.  §§  8,  12. 

2 Constitution  of  Illinois,  1870,  Art.  X.  §  6;  Hurd,  Revised 
Statutes,  ch.  34,  §§  42-48;  Blue  Book,  1903,  377-380. 

3  Constitution  of  Illinois,  1870,  Art.  X.  §  5;  Hurd,  Revised 
Statutes,  ch.  34,  §§  50-58. 


The  Local  Governments  97 

interests,  is  given  a  peculiar  government  of  its  own, 
which  will  be  discussed  later. 

These  different  systems  have  had  an  interesting  History  of 
history.  The  early  settlers,  having  come  largely  ^nfzTtio 
from  the  south,  naturally  adopted  the  southern  policy 
of  making  the  county  the  important  unit  of  local  gov- 
ernment. On  the  other  hand,  the  later  settlers  from 
New  England  and  the  Middle  States  were  accus- 
tomed to  some  form  of  township  government  and 
they  were  finally  able  to  secure  in  the  constitution  of 
1848  a  provision  giving  each  county  which  desired  it 
the  right  to  adopt  a  township  organization.  This 
system  was  soon  established  in  all  the  northern 
counties  and  finally  in  a  majority  even  of  the  south- 
ern and  central  counties.1 

Though  the  county  board  has  general  super-  The  sheriff 
vision  over  all  county  administration,  it  is  pri- 
marily a  legislative  body  and  its  orders  must  be 
carried  out  by  executive  officers.  The  most  impor- 
tant of  these  is  the  sheriff,  elected  by  the  people  for 
a  term  of  four  years.  It  is  his  duty  to  execute  the 
orders  of  the  county  courts.  The  law  also  calls  him 
a  "conservator  of  the  peace,"  and  makes  him  chiefly 
responsible  for  preventing  crime  and  seeing  that 
peace  and  order  are  maintained.  In  counties  with- 
out township  organization  he  is  also  the  collector  of 
taxes  for  the  county.  The  other  county  officers  and 
their  duties  may  be  briefly  summarized  :2 

i.     The   county   clerk   has   charge   of   the   county  County 

Clerk. 

1  See  Shaw,  "Local  Government  in  Illinois"  (in  Johns  Hop- 
kins University  Studies,  I.)  ;  Constitution  of  Illinois,  1848,  Art. 
VII.  §  6. 

2  Constitution  of  Illinois,  1870,  Art.  X.  §  8 ;  Kurd,  Revised 
Statutes,  ch.  125. 

7 


98  Government  of  Illinois 

records,  sends  out  notices  of  election,  issues  mar- 

riage  licenses,   and  has   some   important   work   in 

connection  with  the  assessment  and  collection  of 

taxes.     He  also  serves  as  clerk  of  the  county  court.1 

County  2.     The  county  treasurer  holds  the   funds  of  the 

treasurer.        county.     In  counties  without  township  organization, 

he  assesses  the  taxes.     In  "township-counties"  he 

supervises  the  work  of  the  township  assessors  and 

acts  as  county  collector.2 

Coroner.  3.     The  coroner  may  sometimes  acts  as  substitute 

for  the  sheriff,  but  his  most  important  duty  is  that 
of  holding,  with  a  jury  of  six  men,  the  coroner's  in- 
quest to  determine  in  suspicious  cases  whether  the 
death  of  any  person  is  due  to  other  than  natural 
causes.3 


state's  4.  The  State's  attorney  does  for  the  county  much 

the  same  kind  of  work  which  the  attorney  general 
does  for  the  State.  He  prosecutes  violators  of  law, 
acts  as  counsel  for  the  county,  and  gives  legal  advice 
to  county  officers.4 

Recorder  of        5-     The  recorder  of  deeds.     In  a  few  of  the  larger 

deeds.  counties  (having  more  than  60,000  inhabitants),  a 

separate  recorder  of  deeds  is  elected,  but  generally 
land  titles  are  recorded  by  the  clerk  of  the  circuit 
court.6 

County  su-  6.  The  county  superintendent  of  schools  supervises 
sntl  the  schools  of  the  county  and  examines  teachers. 

Surveyor.  j  ,     The  county  surveyor6  must  mark  out  the  lines 

1  Kurd,  Revised  Statutes,  ch.  35  ;  cf.  ch.  25,  §  2. 

2  Ibid.,  ch.  36;  cf.  ch.  120,  §§  144,  296. 

3  Ibid.,  ch.  31. 

4  Ibid.,  ch.  14. 

5  Ibid.,  ch.  46,  §  27;  ch.  115. 
*Ibid.,  ch.  133. 


The  Local  Governments  99 

of  any  piece  of  land  in  the  county  when  asked  to 
do  so. 

All  these  officers  are  elected  for  terms  of  four  Tenure  of 
years.     As  a  special  precaution  sheriffs  and  treas-  office* 
urers,  after  serving  one  term,  are  made  ineligible  for 
the  next  four  years.1 

The  judicial  authority  in  the  county  government  County 
is  chiefly  exercised  by  the  county  court,  held  by  a  courts- 
single  judge  who  is  elected  for  a  term  of  four  years. 
The  county  judge  has  original  jurisdiction  in  some 
cases,  but  he  also  hears  appeals  from  justices  of  the 
peace  and  police  magistrates.  Among  the  most  im- 
portant matters  in  which  he  has  original  jurisdiction 
are  taxes,  assessments,  and  inheritance  cases.  From 
the  county  court,  appeals  may  be  taken,  according 
to  the  circumstances,  to  the  circuit,  appellate,  or 
supreme  courts  of  the  State.2  In  some  of  the  larger 
counties,  the  probate  business  is  given  to  a  separate 
court.  The  judge  of  this  probate  court  is  then 
elected  for  the  same  term  as  the  county  judge.3 

38.     TOWN  GOVERNMENT 

The  great  majority  of  all  Illinois  counties  are  now  The  town 
divided,    for    purposes    of    local    government,    into  " 
towns  or  townships,  corresponding  roughly,  but  not 
exactly,  with   the  "congressional  townships"   into 
which  the  western  public  lands  were  subdivided  by 
the  Federal  government,  and  which,  before  the  organ- 

1  Constitution  of  Illinois,  1870,  Art.  X.  §  8  (as  amended). 

'Ibid.,  Art.  VI.  §§  18,  19;  Hurd,  Revised  Statutes,  ch.  46, 
|  Id 

'Ibid.,  Art.  VI.  §  20;  Hurd,  Revised  Statutes,  ch.  37,  §§  216- 
2396.  Probate  cases  are  those  which  have  to  do  with  the  settle- 
ment of  property  after  death. 


ioo  Government  of  Illinois 

ization  of  regular  township  governments,  had  al- 
ready been  organized  for  school  purposes.1  The 
chief  authority  in  each  town  belongs  to  the  voters 
in  town  meetings,  the  annual  meeting  being  held  on 
the  first  Tuesday  in  April.  In  the  morning,  the 
town  officers  for  the  year  are  elected,  and  in  the 
afternoon  other  business  is  attended  to,  including 
the  laying  of  taxes  for  local  purposes.2 

Town  The  principal  executive  officers  of  the  town  are 

the  supervisor,  the  town  clerk,  the  assessor,  the  col- 
lector, and  the  highway  commissioners.  The  super- 
visor, besides  representing  the  town  in  the  county 
board,  has  charge  of  township  funds,  and  is  also, 
except  in  the  larger  towns,  overseer  of  the  poor?  The 
larger  towns  are  entitled  to  more  representatives  on 
the  county  board,  but  these  assistant  supervisors 
have  no  authority  in  strictly  town  affairs.  The  town 
clerk  has  charge  of  all  town  records.  He  also  serves 
with  the  supervisor  and  the  justice  of  the  peace  on 
a  board  of  auditors  to  examine  the  accounts  of  town 
officers.  The  highway  commissioners  have  general 
charge  of  roads  and  bridges  and  have  the  right  to  lay 
a  special  tax  for  this  purpose.4  The  town  assessor 
and  collector  have  to  do  largely  State  and  county 
work.  The  assessor  determines  the  valuation  of 
property  according  to  which  all  State,  county  and 
local  taxes  are  laid,  and  the  town  collector  has  to 
collect  state  and  county  as  well  as  town  taxes.5  All 
these  officers  are  chosen  by  the  voters  of  the  town 

aHurd,  Revised  Statutes,  ch.  139,  §§  1-20. 
2  Ibid.,  §§38-83. 

"Ibid.,  ch.  139,  §§  loi-ui;  ch.  107,  §  18. 
*  Ibid.,  ch.  139,  §§  112-1263.     See  also  §§  132-149,  and  ch.  121, 
§§  i-ii. 
8  Ibid.,  ch.  139,  Art.  XII.,  and  ch.  120  passim. 


IOI 

at  the  annual  meeting  and  serve  for  one  year,  except 
the  three  highway  commissioners,  of  whom  one  is 
elected  each  year  for  a  three  year  term. 

The  judicial  business  of  the  town  is  done  by  the  Justices  and 
justices  of  the  peace,  who,  with  or  without  a  jury,  constables- 
try  petty  civil  and  criminal  cases.  The  number  of 
justices  in  each  town  varies  from  two  to  five.  They 
are  elected  by  the  voters  of  each  township  and  serve 
four  years.  The  orders  of  the  justices  are  enforced 
by  the  constables,  who  are  elected  in  the  same  way. 
It  is  their  duty  also  to  keep  the  peace  and  bring 
offenders  before  the  courts.  In  counties  without 
township  organization,  justices  and  constables  are 
chosen  in  each  election  precinct.1 

The  purely  local  business  of  the  town  is  on  the   Character 
whole  not  important.     Town  officers  do  their  most  °f  t.own 

r  business. 

important  work  as  agents  of  the  state  and  county 
governments,  especially  in  the  assessment  and  col- 
lection of  taxes. 

39.     MUNICIPAL  GOVERNMENTS 

Wherever  there   is   a  considerable   gathering  of  Reasons  for 
people,  the  simple  machinery  of  town  and  county  mumciPal 

*      government. 

governments  needs  to  be  supplemented  by  that  of 
the  village  or  city.  These  municipal  governments 
unlike  the  towns  are  intended  largely  to  serve  the 
special  local  needs  of  the  community  for  which  they 
were  organized.  When  a  city  becomes  large  enough 
to  include  one  or  more  townships,  a  large  part  of 
the  purely  local  town  business  is  transferred  to  the 
city,  and  the  town  becomes  more  than  ever  a  mere 
agency  of  the  county  government. 

1  Hurd,  Revised  Statutes,  ch.  79,  especially  §§  16-33 ;  cf.  ch. 
38,  §§  339-346. 


IO2  Government  of  Illinois 

Municipal  The  general  principles  of  city  and  village  govern- 

mentTregu-    ment    are    laid    down    by    acts    of    the    legislature. 

lated  by  Before  the  adoption  of  the  present  constitution,  it 
law&  was  customary  to  grant  special  charters  to  particular 
villages  and  cities.  The  constitution  now  provides 
that  all  cities  and  villages  must  be  incorporated 
under  general  laws.  The  special  needs  of  different 
communities  can,  however,  be  met  to  a  certain  ex- 
tent either  by  passing  laws  applying  to  cities  of  a 
certain  population,  or  by  allowing  the  people  of  any 
particular  town  to  decide  whether  they  will  accept 
for  themselves  certain  parts  of  a  general  law.1  Thus 
Chicago  has  been  able  to  get  the  benefit  of  certain 
laws  without  forcing  them  upon  the  cities  where 
they  are  not  necessary  or  desirable.  It  is  not  always 
easy,  however,  to  frame  these  in  such  a  way  that 
they  will  be  sustained  by  the  courts.2 

Village  Though  the  general  principles  of  city  and  village 

government  are  much  alike,  they  are  differently 
organized.  The  chief  officers  of  the  village  are  the 
president  and  the  board  of  trustees.  The  board  is 
composed  of  six  members  besides  the  president,  all 
elected  by  the  voters  of  the  whole  village  for  a  term 
of  two  years.  Three  of  the  six  trustees  retire  each 

1  Constitution  of  Illinois,  1870,  Art.  IV.  §  22.  This  did  not  af- 
fect the  government  of  cities  which  preferred  to  keep  their  for- 
mer special  charters.  There  are  now  nearly  one  thousand  mu- 
nicipal governments  in  Illinois,  of  which  only  seventy-five  are 
organized  under  special  laws.  Blue  Book,  381-382.  See  notes 
on  this  article  in  Starr  and  Curtis,  Annotated  Statutes,  I.  134- 
137.  There  are  still  a  few  municipal  governments  which  are 
called  towns,  but  which  are  really  villages  or  cities  in  the  sense 
in  which  these  words  are  used  in  this  section. 

3  See  Devine  v.  Commissioners  of  Cook  County,  84  Illinois 
Reports,  590,  and  Cummings  et  al.  v.  City  of  Chicago,  144  Illi- 
nois Reports,  563. 


The  Local  Governments  103 

year.  This  board  passes  the  necessary  ordinances 
for  the  regulation  of  local  affairs.  In  the  passage 
of  ordinances,  the  president  has  the  casting  vote  and 
also  the  right  to  veto,  but  four  of  the  six  trustees 
may  pass  ordinances  over  his  veto.  The  president 
is  the  chief  executive  officer  of  the  village.1  The 
village  clerk  is  elected  by  the  people,  but  the  treas- 
urer and  some  minor  officers  are  appointed  by  the 
president  with  the  approval  of  the  board.  The  judi- 
cial business  of  the  village  is  done  partly  by  justices 
of  the  peace  and  partly  by  a  special  village  officer, 
the  police  magistrate,  chosen  by  the  people,  and 
having  an  authority  like  that  of  a  justice  of  the 
peace.2 

The   village   government   is   intended   for   small  Conditions 
communities.     Any  area  not  exceeding  two  square  "nia^e  or  '^ 
miles,    not   yet    included   in   any   incorporated    place,  city  govem- 
and  having  not  less  than  three  hundred  inhabitants,  ^organi^d 
may  be  incorporated  as  a  village,  if  a  majority  of 
the  legal  voters  desire  it.3     Such  a  government  may 
be  continued  so  long  as  the  people  desire  it,  but 
when  the  population  is  not  less  than  one  thousand, 
village  organization  may  be  changed  for  the  more 
elaborate  city  government.4 

The  representative  body  in  a  city  is  called  the  city  City  govern- 
council  or  board  of  aldermen.     For  the  purpose  of  " 
electing  aldermen,  the  city  is  divided  into  wards, 
which  should  be  roughly  equal  in  population.     Each 
ward  is  usually  allowed  two  aldermen,  one  of  whom 


,  Revised  Statutes,  ch.  24,  §§  178-19311. 
"Ibid.,  §§  191-192. 
f/Wrf.,§§  178-184. 
4  Ibid.,  §§  i-iac. 


IO4  Government  of  Illinois 

is  elected  each  year  for  a  term  of  two  years.1  Sub- 
ject to  the  veto  of  the  mayor,  the  council  makes  the 
local  laws  or  regulations  of  the  city,  which  are  com- 
monly called  ordinances.2 

Powers  of  The  subjects  upon  which  a  city  council  may  act 
counclf.  are  carefully  defined  by  State  law.3  A  brief  sum- 
mary of  these  provisions  will  show  what  are  the 
general  purposes  for  which  village  and  city  govern- 
ments are  instituted.  In  the  first  place,  the  city 
council  is  responsible  for  good  order.  It  therefore 
organizes  the  police  and  makes  such  other  rules  as 
are  necessary  to  suppress  disturbance.  It  also  pro- 
vides places  of  detention  for  petty  offenders.  In 
the  second  place,  it  has  charge  of  the  safety  and 
health  of  the  people.  Under  this  head  come  pro- 
visions for  the  fire  department  and  health  regulations 
of  various  kinds.  In  the  third  place,  the  council 
makes  provision  for  the  proper  care  of  streets,  and 
regulates  the  use  of  them  by  gas  companies,  by  rail- 
ways, and  by  vehicles  of  all  sorts.  In  the  fourth 
place,  the  city  regulates  various  kinds  of  business 
within  its  limits  by  requiring  licenses  from  those 
engaged  in  them,  as  in  the  case  of  hackmen,  pedlars, 
and  liquor  dealers.  The  proper  management  of  all 
this  business  requires  the  spending  of  money.  The 
council  has  therefore  the  right  to  lay  taxes  and  to 
borrow  money.  These  financial  powers  are,  how- 

1  Except  in  cities  where  the  plan  of  minority  representation 
has  been  adopted. 

2  Kurd,  Revised  Statutes,  ch.  24,  §§  29-61. 

8  A  municipal  corporation  has  only  those  powers  which  have 
been  clearly  delegated  to  it  by  the  State  law.  "Any  fair,  reas- 
onable doubt  concerning  the  existence  of  power  is  resolved  by 
the  courts  against  the  corporations,  and  the  power  is  denied." 
Dillon,  Municipal  Corporations  (ed.  1890),  I.  145. 


The  Local  Governments  105 

ever,  carefully  limited  and  guarded  by  the  constitu- 
tion and  laws  of  the  State.1 

The  chief  executive  officer  of  the  city  is  the  The  mayor. 
mayor,  who  is  chosen  for  a  term  of  two  years,  but 
may  be  indefinitely  reflected.  In  recent  years  the 
tendency  has  been  to  increase  his  power  in  order 
that  he  may  be  held  accountable  for  the  proper 
administration  of  city  affairs.  Though  a  few  city 
officers  are  elected  by  the  people,  the  majority  of 
the  important  ones  are  appointed  by  the  mayor  with 
the  approval  of  the  council.  He  may  also  remove 
such  officers  but  must  give  his  reasons  for  doing  so 
and  the  council  may  by  a  two-thirds  vote  of  all  its 
members  restore  the  persons  removed.  The  mayor 
can  thus  generally  control  the  policy  of  the  impor- 
tant city  departments.  He  has  also  a  general  right 
to  supervise  other  city  officers  not  appointed  by  him 
and  is  bound  to  see  that  the  laws  and  ordinances  are 
faithfully  executed.  For  the  preservation  of  order 
within  the  city  limits,  he  has  powers  somewhat  like 
those  of  the  sheriff.2 

The  mayor  is  also  a  part  of  the  city  legislature.  His  relation 
He  presides  over  the  council  and  in  case  of  a  tie  *? the  coun" 
may  give  the  casting  vote.     He  may  also  veto  ordi- 
nances, or  particular  items  in  them  when  they  pro- 
vide for  the  spending  of  money.     The  veto  must, 
however,  be  sent  to  the  council  within  five  days  and 
the  ordinance  may  then  be  passed  by  a  vote  of  two- 
thirds  of  all  the  members  elected.3 

To  guard  against  abuse  of  powers,  mayors  and  all  His  account- 
ability to 

1  Kurd,  Revised  Statutes,  ch.  24,  §§  62-71.    See  also  below,  the  court9' 
ch.  g. 

2  Ibid.,  §§  14-28. 

3  Ibid.,  §§  46,  47- 


io6  Government  of  Illinois 

other  city  officers  who  "may  be  guilty  of  a  palpable 
omission  of  duty  or  shall  willfully  and  corruptly  be 
guilty  of  oppression"  or  other  misconduct,  may  be 
tried  in  any  court  of  law  and  if  guilty  may  be  re- 
moved by  the  court.1 

Minor  offi-  Besides  the  mayor,  the  people  of  each  city  elect  a 
ciTcivii16  c^y  clerk,  a  city  treasurer,  and  a  city  attorney, 
service  law.  The  executive  officers  appointed  by  the  mayor  vary 
greatly  in  different  cities.  Among  the  most  impor- 
tant are  the  city  collector,  the  corporation  counsel, 
who  is  the  chief  legal  adviser  of  the  city,  the  super- 
intendent of  streets,  and  the  chiefs  of  the  police  and 
fire  departments.  Sometimes  certain  kinds  of  city 
business  are  entrusted  to  boards  or  commissions. 
Thus  the  law  now  allows  the  people  of  any  city 
which  desires  it  to  appoint  a  Board  of  Fire  and 
Police  Commissioners.2  Any  city  'which  desires  it 
may  adopt  a  system  of  competitive  examinations  for 
places  in  the  city  service  under  the  supervision  of  a 
city  civil  service  commission.  This  civil  service 
law,  however,  has  not  yet  been  generally  accepted 
in  the  cities  of  the  State.  It  does  not  in  any  case 
affect  the  appointment  of  the  important  heads  of 
departments.3 

Police  mag-         In  most  cities  the  only  judicial  officers  who  belong 
istrates.          distinctly  to  the  city  government  are  the  police  mag- 
istrates, whose  authority  is  substantially  the  same  in 
a  city  as  in  a  village.4 

1  Hurd,  Revised  Statutes,  ch.  24,  §  27. 

2 Ibid.,  §§  72-87,  4343-434!.  See  Revised  Ordinances  and  of- 
ficial directory  of  any  city. 

3  Ibid.,%%  446-485- 

* Ibid.,  §§  249,  250.  The  so-called  city  courts  have  a  jurisdic- 
tion similar  to  that  of  the  circuit  courts  and  exist  only  in  a  few 
cities.  See  above,  p.  92,  note. 


The  Local  Governments  107 

40.     MINOR  LOCAL  GOVERNMENTS 

The  county,  the  town,  and  the  village  or  city  are  the  Electoral 
only  local  governments  which  have  any  general  author-  subdivi- 

.  sions. 

ity.  There  are,  however,  certain  other  subdivisions 
of  the  State  for  certain  clearly  specified  purposes. 
For  example,  the  State  is  divided  into  judicial  dis- 
tricts and  circuits  for  the  election  of  judges  and  into 
congressional  districts  for  the  choice  of  congress- 
men. In  connection  with  the  system  of  taxation, 
the  State  is  again  divided  into  districts,  each  of 
which  elects  a  member  of  the  State  board  of  equali- 
zation. All  these,  however,  are  merely  conven- 
iences for  the  administration  of  the  central  govern- 
ment, and  not  local  governments  at  all 

Other  divisions  have  been   made  for  distinctly  Drainage 
local  purposes.     One  of  these  is  the  drainage  dis-  *nd  ?ark 

districts. 

trict,  which  is  organized  under  a  board  of  commis- 
sioners, having  charge  of  the  building  of  drains 
either  as  an  agricultural  improvement  or  in  the 
interest  of  the  public  health.1  Similarly  also  the 
laws  allow  the  people  of  a  given  area  to  organize  a 
park  district  and  to  elect  park  commissioners.  These 
commissioners  have  authority  to  maintain  parks  and 
to  lay  taxes  for  that  purpose.2 

By  far  the  most  important  governments  organized  School  di§- 
for  a  specific  local  work  are  the  school  townships  * 
and  the  school  districts.     The  history  and  present 
organization  of  this  branch  of  local  government  will 
be  considered  in  a  later  chapter;  but  it  may  "be  noted 
here  that  the  school  board  of  every  district  except 
Chicago  has  the  important  governmental  power  of 
laying  taxes. 

1  Kurd,  Revised  Statutes,  ch.  42. 

2  Ibid.,  ch.  105. 


CHAPTER  VIII 

THE  LOCAL  GOVERNMENTS  OF  COOK  COUNTY 

41.    REFERENCES 

(See  also  the  general  references  under  Sec.  36) 
Secondary  Authorities  :  Andreas,  History  of  Chicago,  3  vols. ; 
Sparling,  Municipal  History  and  Present  Organisation  of  the 
City  of  Chicago  (University  of  Wisconsin,  Bulletin  No.  23)  ; 
Gage,  "Chicago  and  Its  Administration"  (in  Open  Court,  XL 
I93~2I3)  5  James,  The  Charters  of  the  City  of  Chicago;  Gray, 
"Greater  Chicago"  (in  Annals  of  the  American  Academy  of  Po- 
litical and  Social  Science,  XVII.  291)  ;  McVeagh,  City  Govern- 
ment of  Chicago  (in  Municipal  League  Publications,  Philadel- 
phia, 1894).  Much  material  on  municipal  government  in  Illi- 
nois and  elsewhere  is  to  be  found  in  the  periodical  called  Mu- 
nicipal Affairs  and  in  the  Proceedings  of  the  National  Munic- 
ipal League.  There  is  also  a  good  working  bibliography  in 
Sparling,  Municipal  History. 

Documents:  The  Revised  Code  of  Chicago  (1897)  ;  Hurd, 
Revised  Statutes,  ch.  24;  Starr  and  Curtis,  Annotated  Statutes, 
ch.  24;  Chicago,  Department  of  Finance,  46th  Annual  Report 
(1003)  ;  see  also  the  Reports  of  other  heads  of  city  departments, 
especially  those  of  the  commissioner  of  public  works  which  con- 
tain messages  of  the  mayor. 

42.    THE  GOVERNMENT  OF  COOK  COUNTY 

Though  the  constitution  lays  down  the  principle 
that  legislation  regarding  local  government  should 
be  the  same  throughout  the  State,  it  is  generally 
understood  that  the  great  metropolitan  district  of 
Chicago  requires  legislation  suited  to  its  special 
needs.  This  is  recognized  to  a  certain  extent  even 

108 


The  Local  Governments  of  Cook  County       109 

in  the  constitution  itself.  Furthermore,  laws  really 
intended  particularly  for  Chicago,  may  be  so  framed 
that  they  do  not  conflict  with  the  constitutional  pro- 
hibition of  special  legislation. 

The  result  of  these  special  needs  may  be  seen  first  Cook  County 
in  the  government  of  Cook  County.     Unlike  other  ^oard.of 

»  Commis- 

counties  in  which  township  organization  has  been  sioners. 
adopted,  Cook  County  is  governed  by  a  Board  of 
Commissioners.  Of  these  fifteen  commissioners,  each 
elected  for  a  two  year  term,  ten  are  chosen  by  the  city 
of  Chicago,  and  five  by  the  country  towns,  which  are 
thus  given  a  representation  far  out  of  proportion  to 
their  population.  Under  the  present  law,  the  voters 
may  select  one  of  the  candidates  for  commissioner  as 
President  of  the  County  Board.1 

Though  the  powers  of  these  commissioners  are  Powers  of 
like  those  of  the  supervisors  elsewhere,  they  are  *e  com™ls- 

sioners  de- 

much  more  exactly  defined  and  limited,  doubtless  fined, 
because  they  have  to  do  business  on  a  so  much 
larger  scale.  This  is  seen  particularly  in  money 
matters.  Thus  two-thirds  of  the  commissioners 
must  agree  in  order  to  appropriate  more  than  $500. 
During  the  first  quarter  of  every  financial  year,  the 
annual  appropriation  bill  must  be  passed.  This  must 
specify  the  different  items  in  detail,  and  no  addi- 
tional appropriations  may  be  made  except  in  a  few 
clearly  defined  cases.  On  the  passage  of  this  bill 
the  votes  of  the  commissioners  must  be  taken  by 
yeas  and  nays. 

The  President  of  the  Board  of  Commissioners  is  The  Presi- 
in  some  respects  like  an  ordinary  commissioner,  and  ?ent  °f  the 

board. 

as  such  has  the  right  to  vote,  but  he  has  also  impor- 
1  Kurd,  Revised  Statutes,  ch.  34,  §§  42-63. 


no 


Government  of  Illinois 


Other 
county  offi- 
cers. 


Judicial  of- 
ficers. Jus- 
tices of  the 
peace. 


tant  special  powers.  He  may  veto  appropriation 
bills  and  other  acts  which  incur  financial  obligations. 
He  may  also  veto  specific  items  in  appropriation 
bills.  Four-fifths  of  the  commissioners  must  agree 
in  order  to  overcome  this  veto.  The  President  also, 
with  the  approval  of  the  Board,  appoints  such  im- 
portant officers  as  the  county  attorney  (not  the  State's 
attorney),  the  superintendent  of  service  (who  buys 
the  county  supplies)  and  the  heads  of  some  of  the 
county  institutions.  He  also  appoints  three  county 
civil  service  commissioners  who  have  charge  of  the 
system  of  competitive  examinations  established  for 
the  choice  of  subordinate  officers.  Not  more  than 
two  of  these  commissioners,  however,  may  be  ap- 
pointed from  the  same  political  party. 

The  county  executive  officers  chosen  by  the  people 
elsewhere,  the  sheriff,  county  clerk,  county  treas- 
urer, State's  attorney,  coroner,  recorder  of  deeds, 
and  surveyor,  are  similarly  chosen  by  the  people  of 
Cook  County.  In  general,  they  have  similar  work 
to  do,  but  the  clerk  of  Cook  County  has  specially 
important  financial  duties  and  is  given  the  additional 
title  of  comptroller.  A  few  county  officers  not  elected 
by  the  people  elsewhere,  are  so  elected  in  Cook 
County.  These  are  the  county  assessors,  five  in 
number,  and  the  County  Board  of  Review,  chosen 
for  the  purpose  of  securing  a  proper  assessment  of 
taxes,  as  will  be  explained  in  a  later  chapter. 

All  the  courts  which  do  business  within  the  limits 
of  Cook  County  show  clearly  the  influence  of  city 
conditions  and  it  will,  therefore,  be  convenient  to 
treat  them  together,beginning  with  the  lowest  grade. 
The  office  of  police  magistrate  still  exists  in  the 
smaller  cities  and  towns  of  the  county,  but  it  has 


Ill 

been  abolished  in  Chicago  where  the  work  of  that 
officer  is  done  by  the  justices  of  the  peace.1  The 
Chicago  justices  instead  of  being  elected  by  the  peo- 
ple of  each  town,  as  they  are  elsewhere,  are  appoint- 
ed by  the  governor  on  the  recommendation  of  the 
Cook  County  judges  (those  of  the  circuit,  superior, 
probate,  and  county  courts)  and  with  the  approval 
of  the  Senate.  There  were  in  1903  over  fifty  of  these 
justices  apportioned  roughly  in  proportion  to  popu- 
lation among  the  various  towns  or  parts  of  towns 
which  make  up  the  City  of  Chicago.  A  certain 
number  of  justices  are  assigned  by  the  mayor  to  the 
trial  of  petty  cases  in  the  police  courts  of  the  various 
districts  into  which  the  city  is  divided.  There  has 
been  much  criticism  of  this  part  of  the  judicial  sys- 
tem and  some  radical  reforms  have  been  proposed.2 

As  in  the  other  larger  counties  of  the  State  there  other  courts 
is  one  county  judge  and  one  probate  judge,  each  m  the 
elected  by  the  people.  The  State  courts,  however, 
have  been  much  influenced  by  the  great  mass  of 
business  in  Cook  County.  Cook  County  forms  a 
circuit  by  itself  and  has  instead  of  three  circuit 
judges,  fourteen  of  this  class  beside  twelve  judges 
of  the  Superior  Court  exercising  a  similar  jurisdic- 
tion. Some  of  the  Circuit  and  Superior  Court  judges 
are  also  assigned  to  duty  in  a  special  Criminal  Court. 
Finally  the  Appellate  Court  of  Cook  County  has 
been  relieved  of  a  part  of  its  business  by  the  creation 
of  a  branch  appellate  court. 

1  Starr  and  Curtis,  Annotated  Statutes,  I.  158  (note  on  Con- 
stitution, Art.  VI.  §28). 

2  The  Revised  Code  of  Chicago,  ch.  52.     See  list  of  Police 
Courts  in  1003  in  Department  of  Finance,  46th  Annual  Report, 
15,  16. 


112  Government  of  Illinois 

43.     THE  GOVERNMENT  OF  CHICAGO 
Early  gov-          The  constitutional  history  of  Chicago  begins  with 

Chicago!  °  t^ie  year  :^33-  ^n  tnat  year>  while  still  a  small  trad- 
ing post,  it  was  incorporated  as  a  village  under  a 
general  law  passed  by  the  State  legislature  in  1831. 
The  needs  of  this  little  village  were  simple  and  it 
had  a  simple  government  under  a  board  of  trustees 
elected  by  the  freeholders.  The  town  grew  fast 
during  the  next  few  years  and  in  1837,  it  received  a 
city  charter.  Its  needs,  however,  were  still  simple, 
and  the  change  from  village  to  city  government 
meant  little  more  than  a  change  of  name.  The 
Board  of  Trustees  became  the  City  Council.  There 
was  also  a  mayor,  elected  by  the  freeholders,  but  he 
was  hardly  more  than  the  chairman  of  the  council. 
Later  For  nearly  forty  years,  the  growing  needs  of 

charters.  Chicago  were  largely  provided  for  by  special  laws 
or  charters.  The  powers  of  the  council  were  in- 
creased in  order  that  it  might  deal  properly  with  new 
problems.  The  mayor  gradually  became  an  impor- 
tant executive  officer  and  administrative  depart- 
ments were  organized  to  manage  particular  interests 
of  the  city.  Thus  the  simple  government  of  a  coun- 
try village  gradually  gave  way  to  the  complicated 
and  expensive  machinery  of  a  modern  city. 

Organiza-  The  State  constitution  of  1870  forbade  new  char- 

thtTiiTw  of       ters   to   particular   cities ;   in    1872,   the    legislature 

1872-  passed  a  general  law  for  the  organization  of  all  cities 

which  chose  to  accept  it;  and  in  1875  this  law  was 

accepted  by  the  people  of  Chicago.1     Even  under 

this  general  law,  there  is  some  recognition  of  the 

1  Sparling,  Municipal  History  of  Chicago,  Part  I. ;  James,  The 
Charters  of  the  City  of  Chicago,  Part  I. 


The  Local  Governments  of  Cook  County       113 

special  needs  of  a  large  city.  The  act  of  1872  itself 
was  largely  based  upon  the  experience  of  Chicago 
and  since  the  general  law  does  not  prescribe  all  the 
details  of  government,  these  are  left  to  be  filled  out 
by  ordinances  of  the  city  council,  which  may  be  very 
different  in  different  cities.  Finally  Chicago  may 
get  a  kind  of  special  legislation  even  under  the 
present  constitution.  Laws  may  be  passed  which 
apply  only  in  cities  which  choose  to  adopt  them,  or 
which  apply  only  to  cities  of  a  certain  population. 
It  is  always  hard,  however,  to  be  certain  that  any 
particular  law  of  this  kind  will  not  be  declared  un- 
constitutional and  an  amendment  has  therefore  re- 
cently (1903)  been  submitted  to  the  people  which 
if  adopted  by  them  will  give  the  legislature  greater 
freedom.1 

Chicago  like  other  cities  is  governed  by  a  mayor  The  city 
and  a  city  council.  The  council  is  made  up  of  sev-  counci1- 
enty  aldermen,  two  from  each  of  the  thirty-five 
wards.2  The  average  area  of  a  ward  is  about  six 
square  miles  and  its  average  population  in  1900  was 
about  50,000.  Thus  two  aldermen  represented  more 
people  than  the  two  United  States  senators  from  Neva- 
da. The  Chicago  city  council  like  other  representa- 
tive bodies  works  largely  through  committees  elect- 
ed by  the  whole  council  every  year.  The  commit- 
tees on  finance,  judiciary,  streets  and  alleys,  licenses, 
and  police  are  important  examples. 

The  mayor  of  Chicago  is  a  powerful  officer.     He  The  mayor, 
is  elected  by  the  voters  of  the  city  for  a  term  of  two 
years,  but  he  may  be  indefinitely  reflected.     His 
salary  is  fixed  by  the  city  council  and  cannot  be 

3  See  the  note  at  the  close  of  this  chapter. 
2  Kurd,  Revised  Statutes,  ch.  24,  Art.  III. 
8 


114  Government  of  Illinois 

changed  during  his  term.  He  presides  over  the 
council  and  has  the  right  to  veto  ordinances,  includ- 
ing items  in  an  appropriation  bill.  A  two-thirds 
vote  of  all  the  aldermen  elected  is  necessary  to  pass 
an  ordinance  over  the  veto.1 

His  appoint-  The  superior  power  of  the  mayor  of  Chicago  as 
compared  with  those  of  smaller  cities  is  due  not  so 
much  to  any  special  constitutional  or  legal  provisions, 
but  rather  to  the  immense  interests  placed  under  his 
care,  and  the  large  number  of  officers  necessary  to 
care  for  such  interests.  This  is  shown  especially 
in  his  appointing  power.  The  general  State  law 
provides  for  the  election  of  a  city  treasurer,  the  city 
attorney,  and  the  city  clerk,  but  the  manner  of 
choosing  other  city  officers  is  determined  by  the 
council.  In  Chicago,  the  important  department 
officers  are  now  appointed  by  the  mayor  with  the 
approval  of  the  city  council.  They  may  be  removed 
by  the  mayor,  but  he  must  report  his  reasons  to  the 
council  which  may,  by  a  two-thirds  vote  restore  to 
office  any  one  who  has  been  removed.  Usually  the 
mayor's  action  both  in  appointing  and  removing 
officers  is  accepted  by  the  council.2  Thus  the  coun- 
cil, though  having  the  power  to  restrict  seriously 
the  powers  of  the  mayor  has  actually  enabled  him 
to  become  the  real  head  of  the  city  administration.3 
Administra-  In  organizing  the  various  departments,  the  coun- 
mlntsepar  c^  ^as  a  great  deal  °f  freedom.  City  offices  are 

•  Kurd,  Revised  Statutes,  ch.  24,  §§  14-47,  72~&7- 
z  Ibid.,  ch.  24,  §§  14-28,  72-87.     Cf.  Sparling,  Municipal  His- 
tory, Part  II. 

8  The  mayor  is  somewhat  less  independent  of  the  council  in 
Chicago  than  in  other  large  American  cities.  James,  The  Char- 
ters of  the  City  of  Chicago,  Part  I.,  9. 


The  Local  Governments  of  Cook  County       115 

therefore,  with  a  few  exceptions  established  by  city 
ordinances  which  may  be  and  are  frequently 
changed.  It  was  formerly  customary  to  place  the 
important  departments  in  charge  of  boards  of  com- 
missioners, but  this  system  was  gradually  aban- 
doned and  now  the  departments  are  generally  in 
charge  each  of  a  single  commissioner.  Since  these 
commissioners  are  appointed  and  removed  by  the 
mayor,  he  may  fairly  be  held  responsible  for  their 
conduct.1 

Perhaps  the  most  important  of  these  departments  Finance, 
is  that  of  Finance.  The  chief  of  this  department  is 
the  comptroller,  appointed  by  the  mayor  with  the 
approval  of  the  council.  Other  important  officers 
of  the  department  are  the  city  treasurer  elected  by 
the  people  and  the  city  collector  appointed  by  the 
mayor.  The  comptroller  oversees  all  officers  who 
have  to  do  with  the  receiving  and  paying  out  of  city 
funds,  prepares  the  annual  financial  report  of  the 
city,  and  furnishes  the  council  with  estimates  of  the 
amount  of  money  needed  for  the  various  depart- 
ments. Closely  associated  with  this  department  is 
that  of  Supplies,  with  the  Business  Agent  at  its  head 
whose  duty  it  is  to  buy  the  various  kinds  of  supplies 
needed  by  the  city.2 

An  important  group  of  departments  is  that  classed  The  public 
under  the  general  head  of  The  Public  Safety.     This  s 
includes  the  Police  Department,  with  the  General 
Superintendent  at  its  head,  whose  duty  it  is,  not  only 
to  protect  the  city  against  crime  and  disorder,  but 
also    to    cooperate    with    other    city    departments    in 

1  Sparling,  Municipal  History  of  Chicago,  Part  I. 

2  Kurd,  Revised  Statutes,  ch.  24,  §§  88-110;  Revised  Code  of 
Chicago,  ch.  4;  Department  of  Finance,  46th  Annual  Report. 


u6  Government  of  Illinois 

their  work.1  The  Fire  Department,  in  charge  of  the 
Fire  Marshal,  protects  the  people  against  another  kind 
of  danger  and  has  earned  an  excellent  reputation.2  The 
Health  Department  tries  to  guard  the  city  against  dis- 
ease and  unhealthful  conditions  of  every  kind.  Its 
chief  officer  is  the  Health  Commissioner  and  he  has  as- 
sociated with  him  among  others,  the  city  physician  and 
the  smoke-inspector.3  The  danger  of  improper  build- 
ings is  especially  guarded  against  by  the  Department  of 
Buildings.  The  Commissioner  is  required  to  see  that 
buildings  of  all  kinds  are  safely  constructed.4 
Public  The  city  is  also  engaged  in  various  kinds  of  construc- 

works.  tjye  work      it  is  expected  to  provide  the  people  with 

water,  light,  sewerage,  and  proper  streets.  There  are 
also  public  buildings  to  be  built  and  kept  in  order.  Most 
work  of  this  kind  falls  under  the  jurisdiction  of  the 
Commissioner  of  Public  Works.  This  is  a  very  large 
department  and  is  divided  into  several  bureaux,  in- 
cluding among  others  those  of  Water,  Sewers,  and 
Streets  and  the  office  of  the  City  Engineer.  The  work 
of  electric  lighting  for  the  streets  and  for  city  business 
generally  is  in  the  hands  of  the  City  Electrician,  who 
is  now  at  the  head  of  an  independent  Department  of 
Electricity.5 

1  Revised  Code,  ch.  51;  list  of  officers  in  Department  of  Fi- 
nance, 46th  Annual  Report,  4,  5. 

3  Revised  Code,  ch.   26 ;   list  of  officers   in   Department  of 
Finance,  Annual  Report. 

'Revised  Code,  ch.  35,  and  list  of  officers  as  above. 

4  Thus  a  commissioner  of  buildings  was  recently  criticised  be- 
cause of  alleged  carelessness  in  allowing  an  unsafe  grand-stand 
on  an  athletic  field.     There  are  also  a  few  minor  officers  who 
have  to  do  with  the  Public  Safety,  as,  for  example,  the  oil  in- 
spector and  the  boiler  inspector.    Revised  Code,  chs.  17,  45,  65 ; 
list  of  officers  as  above. 

B  Revised  Code,  ch.  54 ;  list  of  officers  as  above ;  Sparling,  M u- 


The  Local  Governments  of  Cook  County       117 

A  city,  having  these  immense  business  interests  needs  Department 
the  constant  service  of  expert  legal  advisers.     In  Chi-  oflaw> 
cago,  as  in  other  cities,  there  is  a  city  attorney  elected 
by  the  people,  but  the  real  head  of  the  Department  of 
Law  is  the  Corporation  Counsel,  appointed  by  the  mayor 
with  the  consent  of  the  council.1 

In  the  management  of  the  city  schools,  the  board  School  and 
system  is  still  in  force.     The  Chicago  Board  of  Educa-  j^dl 
tion  consists  of  twenty-one  members  appointed  by  the 
mayor,  with  the  approval  of  the  council.     Though  it 
does  not  have  the  power  to  levy  a  tax  directly  like  other 
school  boards  of  the  State,  it  is  in  most  respects  inde- 
pendent of  the  general  city  administration.     The  Pub- 
lic Library  is  also  managed  by  a  Board  of  Directors 
appointed  by  the  mayor.2 

In  the  various  city  departments,  there  is  now  a  large  City  civil 
body  of  subordinate  employees,  usually  appointed  by  service  law> 
the  heads  of  departments.  To  guard  against  partisan 
appointments,  the  city  civil  service  law  was  passed  by 
the  legislature  and  accepted  by  the  city  of  Chicago. 
Under  this  law,  most  subordinate  officers  are  now  in- 
cluded in  the  so-called  "classified  service"  and  are 
chosen  by  means  of  competitive  examinations  conduct- 
ed by  the  City  Civil  Service  Commission.  The  three 
members  of  this  commission  are  appointed  by  the 
mayor,  but  it  is  provided  that  not  more  than  two  may 
be  members  of  the  same  political  party.8 

nicipal  History,  ch.  12;  Reports  of  the  Commissioner  of  Public 
Works. 

1  Revised  Code,  ch.  5. 

2  See  below,  ch.  14. 

*  Kurd,  Revised  Statutes,  ch.  24,  §§  446-485.  This  act  was 
passed  by  the  legislature  in  1895  and  adopted  by  the  voters  of 
Chicago  at  the  city  election  of  that  year.  See  People  v.  Kip- 
ley,  171  Illinois  Reports,  44-93. 


n8 


Government  of  Illinois 


44.     MINOR  LOCAL  GOVERNMENTS 

The  city  and  county  are  by  far  the  most  important 
local  governments  exercising  authority  within  the  city 
limits  of  Chicago;  but  they  are  by  no  means  the  only 
ones.  In  fact  the  great  variety  of  different  govern- 
ments operating  within  the  same  territory  is  one  of  the 
most  serious  problems  of  the  municipal  reformer. 

Of  these  minor  governments,  the  first  in  order  of 
time  is  the  town.  Within  the  city  of  Chicago,  there 
are  now  seven  whole  towns  and  parts  of  three  others. 
In  all  of  these  towns  forms  of  government  have  until 
very  recently  been  kept  up  similar  to  those  in  other 
parts  of  the  State.  The  system  is  not,  however,  well 
adapted  to  the  needs  of  a  large  city  and  has  for  the 
most  part  been  abandoned.  In  1898  the  new  revenue 
law  took  the  assessment  of  taxes  within  the  city  away 
from  the  town  assessors  and  gave  it  to  a  board  of  five 
county  assessors.  In  1901,  an  act  of  the  State  legis- 
lature provided  that  in  towns  lying  wholly  within  cities 
of  more  than  50,000  inhabitants,  the  powers  of  the 
town  meeting  might  be  exercised  by  the  city  Council ; 
that  the  city  clerk  might  be  made  ex-ofUcio  town  clerk 
and  town  assessor ;  and  the  county  treasurer,  ex-ofhcio 
collector  and  supervisor  in  each  township.  The  offices 
of  highway  commissioners  might  also  be  abolished. 
This  law  was  soon  after  accepted  by  the  voters  of 
the  Chicago  township  and  town  government  was 
thus  practically  abolished.1 

1Hurd,  Revised  Statutes,  ch.  120,  §§  297-323;  ch.  25,  §§  643- 
650;  cf.  pp.  407-408;  Gray,  "Greater  Chicago"  (in  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  XVII.  291). 
One  of  the  surviving  evils  of  the  system  is  the  method  of  choos- 
ing constable?.  At  a  recent  election,  "there  were  elected  in  the 


Two  other  kinds  of  local  governments  in  Chicago  Park 
have  been  created  more  recently.  These  are  the  park  cts* 
districts  and  the  sanitary  district.  Some  of  the  smaller 
parks  are  cared  for  by  the  city,  but  the  most  important 
ones  are  managed  by  separate  park  boards  organized 
under  special  laws.  These  are  the  Board  of  South 
Park  Commissioners,  the  Board  of  Lincoln  Park  Com- 
missioners, and  the  Board  of  West  Park  Commission- 
ers. Each  of  these  Boards  has  charge  of  the  parks 
within  a  particular  district  of  the  city  and  exercises 
some  other  governmental  authority.  It  may  levy  taxes 
for  park  purposes  and  employ  a  special  police  force. 
Instead  of  being  under  the  control  of  either  the  city 
government  or  the  citizens,  the  commissioners  are 
appointed  either  by  the  governor  with  the  approval  of 
the  Senate,  or,  as  in  the  case  of  the  South  Park  Com- 
missioners, by  the  circuit  judges  of  Cook  County.1 

The  sanitary  district  of  Chicago  was  organized  under  Sanitary 
an  act  of  the  legislature  passed  in  1889,  in  order  to  pro-  dlstnct- 
vide  for  the  construction  of  a  drainage  canal  to  carry 
the  sewage  of  the  city  from  Lake  Michigan  and  the 
Chicago  river  into  the   Illinois.     The  affairs   of  the 
district  are  managed  by  a  board  of  nine  trustees  elected 
by  the  people  of  the  district  for  a  term  of  four  years. 
This  sanitary  or  drainage  district  includes  large  parts 
both  of  the  city  and  of  the  county  outside  the  city.     Its 
board  of  trustees  has  the  power  to  maintain  a  police 

town  of  West  Chicago,  on  a  single  ballot,  sixty-four  constables." 
Gage,  "Chicago  and  Its  Administration"  (in  The  Open  Court, 
XL  203).  See  also  below,  p.  270. 

1  Kurd,  Revised  Statutes,  ch.  105,  §§  20-64 1  Sparling,  Munic- 
ipal History  of  Chicago,  ch.  15;  Private  Laws,  1869,  I.,  342-376; 
South  Park  Commissioners,  Municipal  Code  (1897),  especially 
p.  in.  Park  districts  have  also  been  organized  in  Chicago 
under  the  general  law.  See  above,  p.  107. 


120 


Government  of  Illinois 


Proposed 
consolida- 
tion of  local 
govern- 
ments. 


force  and  to  levy  both  special  assessments  and  a  gen- 
eral tax.  It  thus  exercises  real  governmental  author- 
ity.1 

Thus  it  will  be  seen  that  instead  of  having  one  com- 
pactly organized  local  government,  the  people  of  Chi- 
cago are  subjected  to  a  great  variety  of  local  govern- 
ments organized  for  different  purposes,  acting  inde- 
pendently of  each  other,  and  in  many  cases  exercising 
an  independent  right  of  taxation.  It  is  generally  agreed 
that  this  system  ought  to  be  simplified,  but  the  consti- 
tutional rule  against  special  legislation  makes  it  difficult 
to  frame  a  law  which  will  not  be  declared  unconstitu- 
tional by  the  courts.  It  is  difficult  also  to  interest  the 
people  in  other  parts  of  the  State  sufficiently  to  secure 
such  constitutional  changes  as  may  be  thought  neces- 
sary by  the  people  of  Chicago.  The  general  assembly 
voted  in  1903  to  submit  to  the  people  a  constitutional 
amendment  authorizing  the  legislature,  with  the  consent 
of  the  people  of  Chicago,  to  simplify  somewhat  this 
system  of  local  governments.  The  proposed  amend- 
ment does  not,  however,  provide  for  the  consolidation 
of  the  city  and  county  governments  which  many  re- 
formers think  desirable.2 

1Hurd,  Re-vised  Statutes,  ch.  24,  §§  337-369111.  This  district 
was  considerably  enlarged  in  1903,  and  now  includes  the  city  of 
Evanston. 

3  See  the  text  of  this  amendment  below  in  Appendix  B.  It 
was  to  be  submitted  to  a  vote  of  the  people  at  the  general  elec- 
tions of  1904. 


CHAPTER  IX 

THE  FINANCES  OF  THE  STATE 

45.    REFERENCES 

Bryce,  American  Commonwealth,  I.,  ch.  43 ;  Hart,  Actual 
Government,  Part  VII. ;  Black,  Handbook  of  American  Consti- 
tutional Law,  ch.  15  ;  Lalor,  Cyclopedia  of  Political  Science  (ar- 
ticle on  Taxation,  by  D.  A.  Wells)  ;  Plehn,  Introduction  to  Pub- 
lic Finance;  Daniels,  Public  Finance;  Adams,  Public  Debts; 
Adams,  Science  of  Finance;  Cooley,  A  Treatise  on  Taxation; 
Ely,  Taxation  in  American  States  and  Cities,  especially  Part  II., 
ch.  8;  Seligman,  Essays  in  Taxation;  Wells,  Report  on  Taxa- 
tion (soth  Cong.,  ist  session,  House  Ex.  Doc.  No.  40)  ;  Tooke, 
The  "New  Revenue  Law"  of  Illinois  (in  Proceedings  of  the  Na- 
tional Conference  on  Taxation,  89-97,  Buffalo,  1901)  ;  Whitten, 
"Assessment  of  Taxes  in  Chicago"  (in  Journal  of  Political 
Economy,  V.  175). 

Documents :  [Illinois]  Bureau  of  Labor  Statistics,  Eighth 
Biennial  Report  (1896)  ;  Hurd,  Revised  Statutes,  ch.  120,  with 
notes  on  the  same  chapter  in  Starr  and  Curtis,  Annotated  Stat- 
utes; Auditor  of  Public  Accounts,  Biennial  Reports. 

46.    THE  TAXING  POWER 

Just  as  a  complicated  machine  cannot  be  worked  The  need 
without  fuel,  so  government  cannot  long  be  carried  on  ° 
without  money.    Though  some  of  this  money  may  come 
from  such  minor  sources  as  gifts  or  fines,  and  though 
it  may  sometimes  be  borrowed,  modern  governments 
must  in  the  long  run  be  supported  by  some  kind  of 
taxes. 

In  Illinois  the  taxing  power  is  exercised  by  a  large  Taxing 
number  of  bodies  varying  in  importance  from  a  village  £™erd 

121 


122  Government  of  Illinois 

board  of  trustees  to  the  general  assembly  and  the  Fed- 
eral Congress.  All  of  them,  however,  are  subject  to 
some  important  restrictions.  Thus  the  Federal  Con- 
stitution prevents  any  State  from  raising  money  by 
import  or  export  duties,  or  taxing  any  property  or 
other  agency  of  the  United  States.  The  Federal  taxes 
on  tobacco  and  spirits  deprive  the  State  of  another 
method  of  raising  revenue  of  which  they  might  other- 
wise make  use.  The  State  constitution  also  defines  and 
limits  the  taxing  power.  Thus  county  boards  may  not, 
except  by  special  vote  of  the  people  or  for  the  payment 
of  a  debt  incurred  before  the  adoption  of  the  present 
constitution,  lay  a  tax  of  more  than  75  cents  for  each 
100  dollars  of  property.  There  are,  furthermore,  pro- 
visions of  State  law  limiting  the  rate  of  taxation  which 
may  be  required  by  various  other  local  governments.1 

47.     THE  GENERAL  PROPERTY  TAX.     ASSESSMENT 
General  The  various  governments  of  Illinois  are  supported 

mainly  by  the  general  property  tax.  The  theory  of  this 
tax  as  stated  by  the  constitution  is,  "that  every  person 
or  corporation  shall  pay  a  tax  in  proportion  to  the  value 
of  his,  her  or  its  property."  For  this  purpose,  all 
property  is  divided  into  two  main  classes,  real  property 
(including  lands,  buildings,  and  railroad  tracks)  and 
personal  property  (including  money,  stocks  and  bonds, 
and  all  other  movable  articles). 

1  Thus  city  governments  are  limited  to  two  per  cent,  of  the 
total  value  of  property ;  park  boards  to  four  mills  on  the  dollar ; 
school  boards  to  a  total  of  five  per  cent.  In  Chicago,  the  total 
taxes  for  city,  school  (except  school  buildings),  drainage  dis- 
trict, park,  and  county  purposes  must  not  exceed  five  per  cent. 
In  other  parts  of  the  State,  school  taxes  need  not  be  counted 
within  this  limit.  Kurd,  Revised  Statutes,  ch.  24,  §  in  ;  ch.  105, 
§  183 ;  ch.  120,  §§  3433,  343b ;  ch.  122,  §  208;  Constitution  of  Illi- 
nois, 1870,  Arts.  VIII.,  IX. 


The  Finances  of  the  State  123 

In  order  to  tax  any  property,  it  is  first  necessary  to  Principles 
determine  as  nearly  as  possible  what  its  value  is.  This  ^enje" 
is  called  assessment.  It  was  originally  intended  that 
property  should  be  assessed  at  its  "fair  cash  value," 
which  in  the  case  of  real  estate  is  interpreted  to  mean 
"the  price  it  would  bring  at  a  fair  voluntary  sale." 
Practically,  however,  property  was  assessed  far  below 
its  real  value,  partly  because  the  local  assessor  tried  to 
keep  down  the  proportion  of  taxes  paid  by  his  own 
town  or  county  and  partly  also  because  individual  tax 
payers  failed  to  pay  their  just  share.  The  present  law 
tries  to  establish  a  uniform  proportion  throughout  the 
State  by  calling  the  "assessed  value"  upon  which  all 
taxes  should  be  calculated  one-fifth  of  the  "full  value." 
Even  this  attempt  has  only  been  partially  successful.1 

The  work  of  assessment  is  done  mainly  by  county  Assessors. 
and  town  officers.  In  counties  under  the  general  town- 
ship organization  law  property  is  assessed  first  by  the 
town  assessors.  They  are,  however,  subject  to  the 
instructions  of  the  county  treasurer,  who  is  called  the 
supervisor  of  assessments.  In  Cook  County,  taxes  are 
assessed  by  a  board  of  five  assessors  elected  by  the 
people  of  the  county.  In  those  towns  which  are  wholly 
within  the  city  of  Chicago  the  town  assessors  no  longer 
assess  property.  In  other  Cook  County  towns,  they 
still  act  subject  to  the  authority  of  the  county  assessors. 
In  counties  without  town  governments,  the  county 
treasurer  acts  as  assessor  with  the  right  of  appointing 
deputies  for  the  various  districts.2 

Between  April  I  and  June  i  of  each  year,  the  assessor  Methods 

of  assess- 

1  Kurd,  Revised  Statutes,  ch.  120,  §§  1-4,  309-313  ;  8th  Biennial   ment. 
Report  of  Bureau  of  Labor  Statistics  of  Illinois,  passim.     Pro- 
ceedings of  Buffalo  National  Conference  on  Taxation,  89-97. 
"Ibid.,  ch.  120,  §§  72-94,  295-320,  348. 


124  Government  of  Illinois 

must  call  upon  every  owner  of  taxable  property  and 
secure  from  him  a  sworn  statement  of  the  amount  of 
his  personal  property.  If  the  owner  refuses  to  give 
such  a  statement,  the  assessor  must  estimate  the  value 
himself  adding-  fifty  per  cent,  to  that  valuation.  The 
making  of  a  false  statement  is  punishable  as  perjury. 
Real  estate  is  somewhat  differently  assessed.  The 
county  clerk  first  makes  up  every  four  years  a  list  of 
all  taxable  lands  in  the  county.  The  assessor  takes  this 
list  arid  estimates  the  value  of  the  real  estate  within  his 
town  or  district.  Though  the  regular  assessment  is 
made  once  in  four  years,  some  changes  may  be  made 
in  the  interval,  as  in  the  case  of  improvements,  or  the 
destruction  of  property.  Real  estate,  unlike  personal 
property,  is  thus  assessed  not  according  to  the  state- 
ment of  the  tax  payer,  but  simply  according  to  the 
opinion  of  the  assessor.1 

Revision  Assessments  are  examined  and  revised  by  a  higher 

authority  in  each  county  known  as  the  Board  of  Re- 
view. In  Cook  County  this  board  is  composed  of  three 
citizens  elected  by  the  people,  one  being  chosen  every 
two  years  for  a  term  of  six  years.  In  other  counties, 
having  township  organization,  the  board  consists  of 
the  chairman  of  the  Board  of  Supervisors  and  two 
other  citizens  appointed  by  the  county  judge.  In 
counties  without  township  organization,  this  work  is 
done  by  the  county  commissioners.  Under  the  present 
law,  the  powers  of  the  Board  of  Review  are  very  great. 
They  may  increase  or  reduce  the  assessments  either  of 

xHurd,  Revised  Statutes,  ch.  120,  §§  301-314.  Certain  kinds 
of  property  are  exempted  by  law  from  the  payment  of  taxes. 
This  is  the  case  with  property  used  exclusively  for  educational, 
religious,  charitable,  or  scientific  purposes.  Cemeteries  and  pub- 
lic grounds  or  buildings  are  also  exempted.  Ibid.,  §  2. 


The  Finances  of  the  State  125 

individual  persons  or  corporations,  or  of  particular 
classes  of  property  or  of  particular  parts  of  the  county. 
The  law,  however,  provides  for  an  appeal  to  the  State 
Supreme  Court,  either  by  any  person  who  considers 
that  he  has  been  treated  unfairly  or  by  the  State  audi- 
tor if  he  thinks  the  assessment  is  too  low.1 

Just  as  the  county  Board  of  Review  is  intended  to  The  state 
secure  equal  assessments  within  the  county,  so  the 
State  Board  of  Equalization  is  established  for  the  pur- 
pose of  distributing  the  State  taxes  fairly  among  the 
different  counties.  It  consists  of  the  State  Auditor 
and  one  additional  member  from  each  congressional 
district  of  the  State,  elected  by  the  people  of  that  dis- 
trict. This  Board  examines  the  summary  or  "abstract 
of  assessments"  sent  in  by  the  clerk  of  each  county  and 
may  increase  or  reduce  the  total  assessment  of  different 
classes  of  property  in  any  county.  It  cannot,  however, 
reduce  the  assessment  of  the  State  as  a  whole  nor  in- 
crease it  more  than  one  per  cent.2  Besides  this  work, 
of  revision,  the  State  Board  also  makes  the  original 
assessment  on  railroad  tracks  and  rolling  stock  (loco- 
motives, cars,  etc.),  and  in  certain  other  cases.  In 
the  case  of  railroad  tracks  and  rolling  stock,  the  State 
Board  assesses  the  value  of  the  property  for  the  State 
as  a  whole  and  allows  each  county  for  purposes  of 
taxation  an  assessed  value  in  proportion  to  the  number 
of  miles  of  track  in  that  county.  There  is  a  similar 
plan  for  telegraph  lines.3 

48.     COLLECTION  OF  TAXES 
When  this  complicated  process  of  assessment  has  The  tax 

rate. 

1  Kurd,  Revised  Statutes,  ch.  120,  §§  324-337. 
'Ibid.,  §§  100-116. 
8  Ibid.,  §§  40-52. 


f26  Government  of  Illinois 

been  finished,  the  governor,  auditor,  and  treasurer  must 
calculate  the  rate  per  cent,  of  the  property  assessed, 
which  is  necessary  to  raise  the  amount  of  taxes  called 
for  by  the  General  Assembly.  The  auditor  then  notifies 
the  clerk  of  each  county  who  adds  to  the  State  tax  the 
rates  of  taxation  authorized  by  the  county  board  and 
by  other  bodies  having  the  power  to  levy  taxes.  The 
sum  of  these  rates  will  then  be  the  per  cent,  of  his 
property  required  of  each  tax  payer  for  the  support  of 
the  State  and  local  governments.1  The  practical  work- 
ing of  this  plan  will  be  made  clearer  by  taking  as  an 
example  a  particular  tax  paid  in  1901  upon  a  piece  of 
land  in  one  of  the  smaller  cities  of  the  State.  The  "full 
value"  of  the  land  was  estimated  at  $200.00  The  "as- 
sessed value"  was  one-fifth  of  that,  or  $40.00.  The 
total  tax  on  that  property  was  $2.98,  which  was  about 
7^2  per  cent,  of  the  "assessed  value"  or  about  il/2  per 
cent,  of  the  "full  value."  The  exact  amounts  required 
for  each  purpose  are  set  down  below : 

State  tax  $    .20 

County  tax   40 

Town  tax 04 

Roads  and  bridges  tax 14 

School  district  tax .90 

City  tax 1.14 

Registered  bond  tax 16 


Total   $  2.98 

Relative  de-        It  will  be  seen  that  the  State  takes  only  about  one- 
mands  of        fifteenth  of  the  total,  that  the  city  tax  is  the  largest  item, 

State  and  •'«.«•  i 

local  gov-       and  that  the  school  and  city  taxes  taken  together  make 
emments.       Up  more  than  two-thirds. 

lHurd,  Revised  Statutes,  ch.  120,  §§  117-132. 


The  Finances  of  the  State  127 

When  the  amount  of  taxes  has  thus  been  determined,  Collection 
the  tax  lists  are  made  up  by  the  county  clerk,  and  the 
work  of  collection  begins.  In  counties  under  township 
organization,  including  Cook  County,  this  is  done  by 
town  collectors.  In  counties  without  township  organ- 
ization, the  sheriff  is  the  collector.  The  collectors 
receive  their  lists  in  December  of  each  year  and  are 
expected  to  finish  their  collections  and  settle  their  ac- 
counts by  the  end  of  March.  If  any  person  refuses  to 
pay  his  taxes,  so  much  of  his  property  may  be  sold  as  is 
necessary  to  raise  the  amount.  Having  collected  the 
tax,  the  town  collector  pays  the  State  and  county  money 
over  to  the  county  treasurer,  who  in  turn  pays  the  State 
money  over  to  the  State  treasurer.  In  counties  without 
township  organization,  this  payment  is  made  by  the 
sheriff.  The  various  local  governments  or  boards  also 
receive  from  the  collectors  their  proper  share  of  the 
general  tax.1 

Few  parts  of  our  system  of  government  have  worked  Defects  of 
so  badly  as  this  general  property  tax.  Though  each  the  system- 
person  is  supposed  to  pay  an  equal  percentage  of  his 
property,  the  assessments  actually  made  are  very  un- 
equal as  between  different  places  and  different  individ- 
uals. There  is  much  unfairness  even  in  the  assessment 
of  real  estate,  but  the  most  serious  evil  is  the  under- 
valuation of  personal  property,  which,  especially  in  the 
case  of  stocks  and  bonds,  can  be  easily  concealed.  Only 
a  small  fraction  of  this  kind  of  property  has  really  been 
taxed  for  the  support  of  the  government.  While  many 
people  of  wealth  escape  their  just  share  of  taxation, 
honest  people  of  moderate  means  are  often  made  to  pay 
more  than  their  just  share.  The  evils  of  the  system 

1  Hurd,  Revised  Statutes,  ch.  120,  §§  133-177. 


128 


Government  of  Illinois 


Special 
taxes. 


Inheritance 
tax. 


Illinois 
Central  tax. 


have  been  most  clearly  seen  in  Chicago.  In  spite  of 
the  wonderful  increase  in  population  and  wealth  during 
the  twenty-five  years  from  1869  to  1894,  the  assessed 
valuation  of  the  city  actually  diminished.  Notwith- 
standing some  improvements  made  in  recent  years,  the 
system  is  still  unsatisfactory  as  a  means  of  distributing 
equally  the  burdens  of  the  State.1 

49.     MINOR  SOURCES  OF  REVENUE 

Though  the  expenses  of  State  and  local  governments 
have  been  largely  paid  by  the  general  property  tax, 
there  are  some  other  sources  of  income.  The  most 
important  of  these  for  the  State  government  are  the 
inheritance  tax  and  the  special  tax  on  the  Illinois  Cen- 
tral Railroad. 

The  inheritance  tax  is  laid  upon  property  which  at 
the  death  of  its  owner  passed  into  the  hands  of  others 
and  it  varies  according  to  the  relationship  of  those  who 
inherit  the  property.  Such  near  relatives  as  wives  or 
children  pay  a  comparatively  small  tax.  The  rate  of 
taxation  also  increases  with  the  amount  of  property  and 
small  amounts  are  not  taxed  at  all.  This  tax  is  much 
less  easily  evaded  than  the  ordinary  personal  property 
tax,  because  when  anyone  dies,  the  condition  of  his 
property  generally  becomes  a  matter  of  record.2 

The  special  tax  on  the  Illinois  Central  is  a  part  of 
the  original  bargain  made  between  the  company  and 
the  State.  In  return  for  the  public  lands  made  over  by 
the  State  to  the  railroad,  the  company  agreed  to  pay 
the  State  at  least  seven  per  cent,  of  its  gross  earnings 

1  Eighth  Biennial  Report  of  Bureau  of  Labor  Statistics  of  Illi- 
nois, 22  and  passim;  C.  W.  Tooke  in  Proceedings  of  the  Buf- 
falo National  Conference  on  Taxation.  80-07. 

2  Kurd,  Revised  Statutes,  ch.  120,  §§  366-388. 


The  Finances  of  the  State  129 

or  total  income.  This  is,  therefore,  an  income  tax 
rather  than  a  property  tax,  such  as  is  paid  by  other 
railroad  companies.1 

The  State  also  secures  some  income  from  fees  paid  Fees, 
to  State  officers  which  are  turned  into  the  State  treasury 
and  amount  practically  to  taxes.  The  most  important 
are  the  corporation  fees  paid  to  the  secretary  of  state 
and  those  paid  by  insurance  companies  to  the  State 
Commissioner  of  Insurance.2  The  local  governments 
have  some  special  methods  of  raising  money  for  local 
purposes.  A  considerable  part  of  the  expenses  of  city 
government  is  paid  by  means  of  license  fees.  Of 
these  the  most  important  are  those  paid  by  liquor  deal- 
ers for  the  privilege  of  carrying  on  their  business.8 

Another  tax  used  especially  in  cities  and  villages  is  Special  as- 
the  special  assessment.     This   is  a  tax  laid   for  the  8 
purpose  of  building  sidewalks,  or  paving  streets,  or 
making  other  similar  local  improvements.     Such  asses- 
ments  or  taxes  may  be  laid  not  upon  all  residents  but  . 
only  upon  those  whose  property  will  be  benefited  by 
the  improvement.4 

Many  reformers  favor  separation  between  State  and  Proposed 
local  taxation,  setting  apart  certain  taxes  for  State  pur-  ^  Of 
poses  and  others  for  local  purposes.     This  has  been  and  local 
done  to  a  certain  extent  in  other  States  and  a  step  has  fc 
been  taken  in  that  direction  here  by  the  adoption  of  the 

1  Hurd,  Revised  Statutes,  ch.  120,  §§  364,  365.    See  above  ch.  3. 

2  Auditor's  Biennial  Report,  1902,  1-3;  Secretary  of  State,  Bi- 
ennial Report,  1902,  3. 

8  In  Chicago,  nearly  a  third  of  the  city's  revenue  comes  from 
licenses.  Department  of  Finance,  46th  Annual  Report,  19,  88. 
There  is  also  a  poll  tax  levied  in  the  towns  for  the  maintenance 
of  roads.  See  Engineering  Record,  47  .'431. 

4  See  notes  in  Starr  and  Curtis,  Annotated  Statutes  (1896), 
on  Art.  IX.  of  the  Constitution. 
9 


130  Government  of  Illinois 

State  inheritance  tax.  In  the  main,  however,  State  and 
local  governments  in  Illinois  are  supported  by  the  same 
kind  of  taxation. 

Loans.  Any  government  may  at  times  find  it  necessary  and 

proper  to  borrow  money.  This  is  particularly  true 
when  unusual  expense  is  required  for  some  object  of 
permanent  importance  to  the  welfare  of  the  community. 
In  this  way,  the  additional  burden  of  taxation  may 
fairly  be  distributed  over  a  considerable  number  of 
years.  The  experience  of  Illinois  has  shown,  however, 
that  there  is  danger  of  reckless  borrowing  both  by 
State  and  local  governments.  A  good  example  is  the 
heavy  expenditure  for  internal  improvement,  which,  as 
was  noted  in  a  previous  chapter,  almost  destroyed  the 
credit  of  the  State.1 

Borrowing  The  constitution  now  limits  carefully  the  borrowing 
limited.  powers  of  the  State  and  local  governments.  The  State 
legislature  is  forbidden  to  contract  any  debts  of  its  own. 
authority  except  in  the  following  cases:  (i)  To  meet 
merely  temporary  deficits  in  the  revenues,  the  State 
may  borrow  not  more  than  $250,000.00.  The  legisla- 
ture has  provided  by  law  that  in  such  a  case,  the  gov- 
ernor, treasurer,  and  auditor  may  borrow  the  money; 
but  not  for  a  longer  time  than  two  years.  (2)  For  th*1 
purpose  of  "repelling  invasion,  or  defending  the  stat* 
in  war."  In  all  other  cases,  where  it  seems  necessary 
to  borrow  money,  the  law  for  this  purpose  must  be 
submitted  to  the  people  at  the  next  election  for  members 
of  the  general  assembly.  With  this  law  there  must  be 
submitted  a  provision  for  some  tax  or  other  kind  01 
revenue  to  pay  the  interest  on  the  debt,  and  this  tax 
cannot  be  repealed  until  the  debt  has  been  fully  paid. 

1  Above,  ch.  2. 


The  Finances  of  the  State  131 

The  State  is  also  forbidden  to  lend  its  credit  to  any 
person  or  corporation.1 

The  local  authorities  are  similarly  restricted.     No  Restrictions 
county  or  other  local  government  may  borrow  money  onv^I.local 
amounting  to  more  than  five  per  cent,  of  the  assessed  ments. 
value  of  the  taxable  property  under  its  jurisdiction. 
Moreover,  when  any  debt  is  incurred,  a  direct  tax  must 
at  once  be  laid  large  enough  to  pay  not  only  the  interest 
but  the  debt  in  full  within  a  period  of  twenty  years.2 
Under  the  actual  working  of  the  revenue  laws,  the 
assessed  value  can  never  be  more  than  one-fifth  of  the 
real  value  of  property  and  is  generally  much  less  than 
that.     The  local  governments  are,  therefore,  more  re- 
stricted than  the  framers  of  the  constitution  intended. 
In  fact,  many  people  believe  that  the  present  rule  fre- 
quently prevents  reasonable  and  safe  plans  of  public 
improvement. 

50.    REGULATION  OF  EXPENDITURE 

The  people  who  pay  taxes  have  clearly  the  right  to  Checks 
determine  how  they  shall  be  spent  and  to  make  all  uP°"ex' 

penditure. 

necessary  rules  to  prevent  corrupt  or  careless  use  of 
public  funds.  One  safeguard  against  extravagance 
is  the  restriction  of  the  borrowing  power  which  makes 
it  necessary  to  raise  money  mainly  by  increasing  taxes. 
Representatives  generally  dislike  to  risk  their  popularity 
by  unnecessarily  raising  the  tax  rate. 

There  are,  however,  other  safeguards  imposed  by  Constitu- 
the  constitution.     No  money  may  be  drawn  out  of  the  tl.onal  provj" 

.     .  stems. 

bitate  treasury  except  to  meet  appropriations  made  by 
law  and  no  appropriations  may  be  made  to  continue  for 

1  Constitution  of  Illinois,  1870,  Art.  IV.  §§  18-20. 
3  Ibid.,  Art.  IX.  §12. 


132 


Government  of  Illinois 


Statutory 
provisions. 


Financial 
safeguards 
in  the  local 
govern- 
ments. 


a  longer  time  than  the  adjournment  of  the  next  general 
assembly,  or,  in  other  words,  for  more  than  about  two 
years.  All  appropriation  bills  must  be  divided  into 
distinct  items,  indicating  in  detail  the  purposes  for 
which  the  money  is  to  be  spent,  and  the  governor  may 
veto  any  one  cf  these  items  or  the  whole  bill  as  he  sees 
fit.1 

These  general  constitutional  principles  are  enforced 
by  more  detailed  provisions  of  statute  law.  The  State 
treasurer  and  other  financial  officers  must  make  fre- 
quent and  regular  reports  and  give  heavy  bonds  to 
guard  the  State  against  any  loss  by  carelessness  or 
dishonesty.  No  money  can  be  paid  out  of  the  State 
treasury  unless  the  order  is  signed  by  the  State  auditor 
and  countersigned  by  the  treasurer.  Violations  of 
trust  by  such  officers  may  be  punished  not  only  by 
impeachment,  but  through  the  ordinary  courts  and  by 
the  ordinary  processes  of  law.2 

Similar  restrictions  are  imposed  by  law  upon  the  local 
governments.  The  mayor  of  a  city  or  the  president  of 
a  village  board  may,  like  the  governor,  veto  particular 
items  in  appropriation  ordinances.  In  Cook  County, 
the  president  of  the  county  board  has  a  similar  veto 
power.3  Local  officers  having  charge  of  funds,  such 
as,  for  example,  county,  city,  and  school  treasurers,  are 
required  to  give  special  bonds  for  the  faithful  keeping 
of  public  money,  which  must  also  be  paid  out  in  accord- 
ance with  carefully  prescribed  rules.  In  cities,  for 
example,  money  may  usually  be  paid  by  the  city  treas- 
urer only  on  a  warrant,  signed  by  the  mayor  and  the 
city  clerk  or  the  comptroller,  and  stating  the  precise 

1  Constitution  of  Illinois,  1870,  Art.  IV.  §§  16-18;  Art  V.  §  16. 
8  Kurd,  Revised  Statutes,  chs.  15,  130. 
slbid.,  ch.  24,  §§  29-47,  n6-ii8r. 


The  Finances  of  the  State  133 

fund  or  appropriation  from  which  the  money  is  taken.1 

After  this  study  of  the  forms  of  government  and  of  The  real 
the  taxes,  by  which  it  is  suported,  it  is  natural  to  ask  the  ernment^ 
familiar  question  put  by  Peterkin  after  hearing  about  be  consid- 
the  great  victory  at  Blenheim,  "But  what  good  came  of 
it  at  last?"     It  will  be  the  purpose  of  the  concluding 
chapters  of  this  book  to  answer  this  question  and  to 
show  as  far  as  possible  what  are  the  real  ends  for  which 
officers  are  elected  and  taxes  paid. 

1  Kurd,  Revised  Statutes,  ch.  24,  §§  88-89. 


Extreme 
views. 


PART  III 

THE  WORK  OF  THE  STATE 

CHAPTER  X 
THE  POLICE  POWER 

51.    REFERENCES 

Hart,  Actual  Government,  ch.  30;  Cooky,  Constitutional 
Limitations,  ch.  16;  Wilson,  The  State,  chs.  15,  16;  Willoughby, 
Nature  of  the  State,  ch.  12 ;  Hare,  Constitutional  Law,  passim, 
esp.  Lecture  34;  Black,  Handbook  of  American  Constitutional 
Law,  ch.  14;  Brannon,  The  Fourteenth  Amendment,  especially 
ch.  12 ;  Lalor,  Cyclopedia  of  Political  Science;  Woolsey,  Polit- 
ical Science,  I.,  Part  II.,  chs.  4,  5 ;  G.  M.  Price,  Handbook  on 
Sanitation;  Fairlie,  Municipal  Administration,  ch.  8. 

Documents :  McClain,  Cases  on  Constitutional  Law;  Hurd, 
Revised  Statutes  of  Illinois,  especially  chs.  24,  34,  38,  with  notes 
on  the  same  chapters  in  Starr  and  Curtis,  Annotated  Statutes; 
Reports  of  State  Board  of  Health. 

52.     STATE  ACTION  AND  SELF-HELP 

One  of  the  most  difficult  problems  of  government  is 
that  of  drawing  the  proper  line  between  state  action 
and  private  initiative  or  self-help.1  Theories  of  almost 
every  kind  have  been  held  on  this  subject.  At  the  two 
extremes  are  the  anarchists  and  the  socialists.  The 
anarchists  believe  that  government  is  not  only  an  evil 
but  an  unnecessary  evil,  that  the  individual  man  ought 
to  be  freed  from  all  external  authority.  At  the  oppo- 
site extreme  are  the  radical  socialists  who  believe  that 

1  The  word  state  is  here  used  in  a  broad  sense  to  designate  the 
community  as  organized  for  political  purposes.  The  word  state 
action  as  here  used  includes  all  government  action,  whether 
Federal,  State,  or  local. 

134 


The  Police  Power  135 

the  work  of  the  state  ought  to  be  greatly  increased 
until  it  finally  controls  all  commerce  and  industry. 
Between  these  two  extremes,  there  are  various  shades 
of  opinion.  Roughly,  however,  men  may  be  divided 
according  to  their  opinions  on  this  subject  into  two 
classes. 

Some  men  believe  that  government  is  a  "necessary  The  police 
evil"  and  ought  to  be  limited  as  much  as  possible.   Uieory.and 

its  critics. 

One  of  the  best  American  representatives  of  this  class 
was  Thomas  Jefferson.  In  his  first  inaugural  address 
as  President,  he  declared  that  his  ideal  government  was 
one  "which  shall  restrain  men  from  injuring  one  an- 
other, shall  leave  them  free  otherwise  to  regulate  their 
own  pursuits  of  industry  and  improvement,  and  shall 
not  take  from  the  mouth  of  labor  the  bread  it  has 
earned."  This  may  be  called  the  "police  theory"  of 
government.  The  other  class  of  political  thinkers  be- 
lieves that  the  state  ought  not  merely  to  restrain  men 
from  injuring  each  other,  but  that  it  ought  also  to  be 
a  positive  factor  in  the  prosperous  development  of  the 
people ;  that  government  exists  not  merely  to  prevent 
evil,  but  to  do  good  and  to  promote  in  various  ways  the 
general  welfare. 

Our  Federal  and  State  governments  have  not  fol-  Recent 
lowed  strictly  either  of  these  theories,  but  have  acted  tendencies- 
first  on  one  theory  and  then  on  the  other.  A 
century  ago  the  popular  view  was  that  of  "laissez 
faire,"  that  is,  letting  men  alone  as  much  as  possible. 
Now  the  tendency  is  to  give  our  governments  more 
and  more  work  to  do.  This  is  seen  particularly  in 
municipal  governments,  where  the  policy  of  municipal 
ownership  of  certain  industries,  such  as  water  works, 
lighting,  and  even  street  railways,  is  becoming  more 
and  more  popular. 


136  Government  of  Illinois 

ciassifica-  In  this  study  of  the  work  of  the  State  it  will  be  con- 

er°nmentaiV  venient  to  consider  first,  those  more  negative  services 
services.  in  protecting  the  people  from  disorder  and  danger, 
which  nearly  all  men  think  necessary.  Under  this  head 
will  come  the  police  work  of  the  State,  the  administra- 
tion of  justice  and  much  of  the  public  service  for  the 
vicious  and  unfortunate  classes.  The  more  positive 
work  of  the  State  in  promoting  the  material  and  the 
ideal  interests  of  the  community  will  then  be  considered, 
including  first,  the  industrial  work  and  influence  of  the 
government,  and,  secondly,  its  share  in  the  education 
of  the  people.  This  classification  must  not  be  thought 
of  as  absolutely  fixed  and  definite.  Many  things  done 
by  the  State  are  done  from  various  motives.  Thus 
public  schools  may  be  and  are  maintained  partly  be- 
cause the  ignorant  citizen  and  voter  is  a  menace  to 
our  democratic  government.  Yet  they  are  also  thought 
of  as  organized  for  the  more  positive  purpose  of  giving 
to  all  the  children  of  the  people  equal  opportunities  of 
intellectual  development. 

53.    THE  POLICE  POWER 

Police  Whatever  theories  men  may  hold  as  to  the  proper 

firtedr  '  work  of  the  State,  few  will  deny  that  it  is  its  right  and 
duty  to  exercise  what  is  called  the  "police  power." 
Though  it  is  difficult,  and  indeed  impossible  to  give  an 
exact  definition,  it  may  be  roughly  described  as  the 
power  necessary  to  protect  the  people  from  injury, 
whether  that  injury  be  to  life,  health,  comfort,  liberty, 
property,  or  other  just  right  of  the  citizen.  So  far, 
also,  as  may  be  necessary  to  accomplish  this  protection, 
the  rights  and  liberties  of  individuals  may  be  justly  lim- 
ited by  the  State.  Every  man  must  so  use  his  own  as 
not  to  injure  others. 


The  Police  Power  137 

Under  the  Federal  Constitution,  this  power  is  main-   Reserved 
ly  reserved  to  the  individual  States.     The  Federal  gov-  ^"3^; 
ernment  protects  the  States  against  external  danger, 
and  especially  under  the  fourteenth  amendment,  guar- 
antees to  a  certain  extent  the  rights  of  citizens  within 
the  States ;  yet,  in  the  main,  these  rights  are  left  under 
the  protection  of  the  State  governments. 

Since  the  State  cannot  protect  individuals  unless  it  Power  of 
is  strong  enough  to  defend  itself  and  to  preserve  public  the  srtate, 

0  r  to  defend 

order,  it  imposes  severe  penalties  for  resistance  to  its  itself, 
authority.  Thus,  resistance  to  any  officer  serving  a 
warrant  of  arrest  is  punishable  by  fine  and  imprison- 
ment.1 The  law  also  prohibits  and  punishes  riotous 
assemblages  of  any  kind.  If  two  or  more  persons 
combine  to  do  even  "a  lawful  act  in  a  violent  and 
tumultuous  manner,"  they  are  liable  to  punishment  for 
riot.2  Riotous  assemblages  may  be  ordered  to  disperse 
by  any  magistrate  and  even  killing  is  justifiable  if 
necessary  to  enforce  such  an  order.  Finally,  the  high- 
est offense  against  the  State,  that  of  "levying  war" 
against  its  "government  and  people,"  or  giving  aid 
and  comfort  to  its  enemies  is  treason  and  is  punishable 
by  death.1 

Having  maintained  its  own  authority,  the  State  pro-  Protection 
tects  the  people  at  large  and  individuals  against  willful  of  personal 

and  prop- 
attacks  upon  their  personal  and  property  rights,  wheth-  erty  rights. 

er  these  attacks  consist  of  petty  thefts  or  serious  crimes, 
as  burglary  or  murder.  This  protection  is  given,  first, 
by  defining  such  offenses  in  the  criminal  code  and  pro- 
viding penalties  for  them ;  and,  secondly,  by  direct  pre- 
vention. Thus  the  citizen  may  not  only  secure  the 

1  Kurd,  Revised  Statutes,  ch.  38,  §  244. 
albid.,ch.  38,  §§248-255. 
*Ibid.,ch.  38,  §§263-265. 


138 


Government  of  Illinois 


punishment  of  any  attacks  made  upon  him,  but  he  may 
have  the  help  of  the  State  in  defending  himself.  Crim- 
inal acts  may  also  be  negative  as  well  as  positive.  Thus 
the  law  recognizes  and  punishes  severely  criminal  care- 
lessness on  the  part  of  persons  who  manage  public  con- 
veyances, such  as  railway  trains  or  steamboats.1 

It  is  not  enough,  however,  to  defend  men  against 
criminal  acts  or  criminal  neglect.  Individuals  may 
suffer  serious  loss  by  acts  which  may,  or  may  not,  be 
recognized  as  distinctly  criminal.  Even  when  the  act 
is  clearly  criminal,  its  punishment  does  not  compensate 
the  injured  party  for  his  loss.  In  such  a  case,  he  may 
claim  a  definite  money  compensation  from  the  person 
responsible,  and  the  claim  will  be  enforced  by  the 
courts.  Sometimes  if  there  is  no  other  way  of  pre- 
venting a  threatened  injury,  the  courts  will  issue  cer- 
tain writs  for  that  purpose.  Thus,  the  writ  of  injunc- 
tion may,  in  certain  cases,  forbid  the  doing  of  certain 
specific  acts.  The  courts  may  also  be  called  on  to 
compel  the  observance  of  contracts  or  agreements  made 
by  individuals  according  to  the  proper  forms  of  law. 
It  will  also  enforce  rights  and  duties  growing  out  of 
such  personal  relations  as  those  of  father  and  child, 
husband  and  wife,  or  master  and  servant 

Besides  protecting  men  against  direct  violations  or 
refusals  of  rights,  the  government  tries  to  guard  them 
against  indirect  and  remote  dangers.  This  precau- 
tionary legislation  may  be  illustrated  by  the  law  regu- 
lating the  storage,  sale,  and  transportation  of  explo- 
sives. Because  of  the  great  danger  of  criminal  or 
careless  use,  the  law  prescribes  carefully  the  manner  in 
which  the  business  must  be  carried  on.2  Under  this 

1  Kurd,  Revised  Statutes,  ch.  38,  §  49. 
"Ibid.,  ch.  38,  §§  54h-54n. 


The  Police  Power  139 

head  also  come  the  organization  of  city  and  village  fire 
departments  and  the  power  of  municipal  governments 
to  prevent  the  erection  of  wooden  buildings  within 
certain  limits  in  order  to  lessen  the  chance  of  destruc- 
tive fires.  So  also  the  public  safety  is  protected  by 
orders  of  city  councils  regulating  the  speed  of  railway 
trains  within  city  limits.1 


54.     PROTECTION  OF  HEALTH  AND  MORALS 
Under  the  same  police  power,  the  State  is  doing  more  The  state 

Board 

of  Health. 


and  more  to  protect  the  health  of  the  people  against  Board 


contagion  and  unhealthful  conditions  of  every  kind. 
The  legislature  has  provided  for  a  State  Board  of 
Health,  for  local  boards  in  cities  and  villages,  and  more 
recently  for  county  boards  exercising  authority  outside 
of  cities  and  villages.2  The  State  Board  consists  of 
seven  persons  appointed  by  the  governor,  with  the 
consent  of  the  senate.  They  are  supposed  to  have 
general  supervision  "of  the  health  and  life  of  the  citi- 
zens of  the  State,"  and  have  a  liberal  grant  of  power  to 
make  such  regulations  as  they  think  best,  "for  the 
preservation  or  improvement  of  public  health."  This 
Board  has  charge  of  quarantine  when  that  seems  neces- 
sary to  keep  out  contagious  diseases.  It  also  has  a 
general  supervision  of  the  medical  profession  in  the 
State  and  no  person  may  now  begin  the  practice  of 
medicine  in  Illinois  without  a  license  from  the  Board, 
given  either  on  examination  or  on  the  certificate  of 
some  reputable  medical  college.  Thus  the  people  are 
partially  protected  against  ignorant  or  dishonest  per- 
sons who  claim  to  be  physicians.  The  State  Board  is 

1  Kurd,  Revised  Statutes,  ch.  24,  §  62 ;  Revised  Code  of  Chi- 
cago, 18,  26,  45. 

'Kurd,  Revised  Statutes,  ch.  34,  §§  116-121.  (Act  approved 
May  10,  1901). 


140  Government  of  Illinois 

given  special  authority  in  Chicago,  and  is  required,  for 
instance,  to  inspect  all  hotels  and  lodging  houses  in  the 
city  to  determine  whether  the  sleeping  rooms  are  of 
proper  size  and  propertly  ventilated.1 

Local  The  powers  and   duties   of  the  municipal  boards, 

appointed  by  city  or  village  authorities  are  defined 
partly  by  law  and  partly  by  local  ordinances.  These 
local  boards  also  have  large  powers  which  may  in  time 
of  danger  be  expanded  almost  indefinitely.  Similar 
powers  are  exercised  in  Chicago  by  a  single  Health 
Commissioner,  assisted  by  the  city  physician  and  the 
superintendent  of  police.2 

Other  For  the  same  general  purpose  of  protecting  the  public 

iatk>ns.regU"  nealtn> the  law  provides  for  a  State  Board  of  Pharmacy 
and  forbids  any  person  to  engage  in  the  technical  part 
of  the  druggist's  business  without  having  been  properly 
registered.3  There  is  also  a  State  Food  Commissioner 
to  protect  the  public  from  unhealthful  and  adulterated 
food.4  Under  the  same  head  also  come  State  laws 
prohibiting  the  employment  in  factories  of  children 
under  fourteen  and  regulating  the  labor  of  women,  and 
of  men  engaged  in  certain  unhealthful  or  dangerous 
occupations.  Another  State  law  regulates  particularly 
places  in  which  clothing  of  any  kind  is  manufactured, 
the  purpose  being  to  prevent  the  possible  spread  in  this 

1  Hurd,  Revised  Statutes,  ch.  I26a.  See  also  Governor's  Mes- 
sage, Jan.  7,  1903.  The  State  Board  also  has  general  charge  of 
the  State  system  of  registering  births  and  deaths.  Hurd,  Re- 
vised Statutes,  ch.  1263,  §§  19-33. 

*  Hurd,  Revised  Statutes,  ch.  24,  §  62 ;  Revised  Ordinances  of 
Urbana,  ch.  7 :  Revised  Code  of  Chicago,  ch.  35. 

"Kurd,  Revised  Statutes,  ch.  91,  §§  19-34 

'Ibid.,  ch.  I27b.     Cf.  Governor's  Message,  Jan.  7,  1903. 


The  Police  Power  141 

way  of  infectious  diseases.1  These  are  only  a  few 
examples  of  the  various  State  and  local  regulations 
adopted  for  the  protection  of  the  public  health. 

Besides  protecting  life  and  property,  the  State  also  Protection 
tries  to  guard  the  people,  and  especially  the  young, 
against  immoral  influences.  This  power  is,  however, 
limited.  No  government  can  make  men  virtuous  by 
law,  and  the  State  will  ordinarily  punish  only  those 
wrong  acts  which  do  tangible  and  definite  harm  to 
innocent  persons,  or  are  clearly  injurious  to  the  whole 
moral  tone  of  the  community.  Thus  the  State  pro- 
hibits by  law  the  circulation  of  indecent  books  and 
pictures,  and  the  maintenance  of  gambling  houses. 
Theatres  and  other  places  of  entertainment  may  be 
regulated  by  city  or  village  governments,  and  if  con- 
sidered to  be  indecent,  may  be  suppressed.2 

One  of  the  most  difficult  problems  of  government  is 


the  regulation  of  the  manufacture  and  sale  of  intoxi-  |!on  of  the 

liquor 

eating  liquor.  Some  believe  that  its  sale  as  a  beverage  business. 
is  so  harmful  to  public  morals  and  good  order  that  it 
ought  to  be  prohibited  altogether.  Others  consider 
that  a  moderate  use  is  entirely  proper.  The  attempt 
to  prohibit  liquor-selling  altogether  by  State  law 
has  not  been  successful  ;  but  under  the  present  laws  city 
or  village  governments  actually  do  prohibit  saloons 
within  their  limits.  It  is  generally  agreed  that  the 
business  even  when  permitted  should  be  carefully  reg- 
ulated. The  present  law  provides  that  no  city,  village, 
or  county  government  may  license  any  one  to  sell  intox- 
icating liquors  without  the  payment  of  a  high  license 

1  Hurd,  Revised  Statutes,  chs.  48,  93.  See  also  the  child-labor 
and  factory  inspection  acts,  approved  May  15,  1903.  Ibid.,  ch. 
48,  §§  2O-20n,  29. 

*  Ibid.,  ch.  24,  §  i.    Cf.  Revised  Code  of  Chicago,  ch.  42. 


142 


Government  of  Illinois 


The  rela- 
tion of  the 
State  to 
religion. 


The  rela- 
tion of  law 
to  morality. 


fee.  Those  who  sell  only  malt  liquors  (beer,  etc.), 
must  pay  at  least  $150  a  year,  but  other  saloon  keep- 
ers must  pay  at  least  five  hundred  dollars.  The  license 
fee  may  be  made  still  larger  by  any  city  which  chooses 
to  do  so.  Saloons  are  also  forbidden  to  sell  liquors  to 
minors,  or  to  habitual  drunkards.  Besides  these  State 
regulations,  many  others  are  made  by  city  and  other 
local  governments,  in  order  to  guard  against  the  evils 
of  the  traffic.1 

The  State  does  not  attempt  to  regulate  religion,  but  it 
guarantees  to  every  man  entire  liberty  to  hold  and  ex- 
press religious  opinions  of  any  kind  and  it  will  protect 
him  from  disturbance  in  his  public  worship.  It  also 
recognizes  the  value  of  religion,  in  general,  by  exempt- 
ing church  property  from  taxation.2  The  law  does  not 
enforce  any  religious  observances  on  Sunday,  but  it 
does  restrict  public  amusements  and  the  doing  of  work 
in  the  interest  of  public  health,  morality,  and  good 
order.3 

It  is  generally  agreed  that  it  is  a  mistake  to  depend 
much  on  the  government  for  the  promotion  of  morality 
and  particularly  dangerous  to  enact  laws  which  are 
much  in  advance  of  public  opinion ;  for  such  laws  can- 
not be  properly  enforced  and  the  failure  to  enforce  them 
not  only  brings  the  particular  measure  into  contempt 
but  tends  to  produce  disrespect  for  all  law  and  hence  a 
spirit  of  lawlessness  or  anarchy. 

1Hurd,  Revised  Statutes,  ch.  43.  Cf.  Revised  Code  of  Chi- 
cago, ch.  39  (Liquor).  See  also  the  People  ex  rel  vs.  Cregier, 
138  Illinois  Reports,  401  (case  of  a  prohibition  district  in  Chi- 
cago). 

3  Constitution  of  Illinois,  1870,  Art.  II.  §  3;  Kurd,  Revised 
Statutes,  ch.  38,  §  58 ;  ch.  120,  §  2.  The  exemption  is  limited  to 
property  "actually  and  exclusively  used  for  public  worship." 

8  Kurd,  Revised  Statutes,  ch.  38,  §§  259-262. 


The  Police  Power  143 

55.     THE  ENFORCEMENT  OF  LAW 

For  the  most  part  men  accept  as  a  matter  of  course  Public 
the  restraints  which  the  State  imposes  on  their  per-   c 
sonal  liberty.     If  they  do  not  obey  the  law  as  a  matter ' 
of  conscience,  they  often  do  so  because  they  wish  to 
gain  the  good  opinion  of  their  neighbors.     This  power 
of  public  opinion  is  one  of  the  most  important  factors 
in  the  enforcement  of  all  law  and  without  its  support 
other  agencies  must  in  the  long  run  prove  useless. 

Yet  government  cannot  continue  and  laws  be  carried  Local  offi- 
into  effect  without  the  use  of  force,  or  at  least  the  ce"  for  the 

enforcement 

knowledge  that  force  may  be  used  if  necessary.  Of  law. 
Though  some  men  will  obey  the  law  because  it  is  right 
and  some  because  they  fear  the  reproach  of  their 
neighbors,  there  are  always  others  who  will  do  right 
only  because  they  are  forced  to  do  so.  This  duty  of 
compelling  men  to  obey  the  law  is  entrusted  first  to  the 
local  governments — the  town,  the  village,  or  the  city. 
In  the  town,  the  special  officer  for  this  purpose  is  the 
constable.1  In  the  cities  and  villages  the  work  is  done 
mainly  by  policemen  or  police  officers,  acting  under  the 
orders  first  of  the  chief  of  police  and  finally  of  the 
mayor  or  village  president.  In  a  great  city,  like  Chi- 
cago, the  police  force  would  make  a  respectable  army 
and  is  under  something  like  military  discipline.  These 
police  officers  serve  the  community  not  only  by  pre- 
venting crime  and  arresting  law  breakers,  but  in 
numerous  other  ways,  as  for  example,  by  protecting 
passers-by  on  crowded  street  crossings,  or  by  giving 
assistance  to  other  departments  of  the  local  govern- 
ment.2 

1  Kurd,  Revised  Statutes,  ch.  38,  §§  339-346 ;  ibid.,  ch.  79. 

2  Ibid.,  ch.  24,  §§  72-87.    Cf.  Revised  Code  of  Chicago,  ch.  51. 


144  Government  of  Illinois 

At  ordinary  times,  local  officers  furnish  all  the  force 
necessary  to  maintain  order.  If,  however,  they  fail 
to  do  so,  then  the  responsibility  falls  on  the  sheriff  of 
the  county.  If  the  sheriff  with  his  usual  subordinates 
cannot  cope  with  the  disturbance,  he  may  call  on  the 
citizens  to  help  him.1  The  Illinois  statute  provides 
that  in  any  such  time  of  disorder,  the  sheriff  may  com- 
pel as  many  persons  as  he  thinks  necessary  to  serve 
under  his  orders  as  deputy  sheriffs.2  When,  as  has 
frequently  happened  in  recent  years,  the  sheriff  cannot 
or  will  not  keep  order,  the  remedy  is  an  appeal  to  the 

,  governor  who,  as  commander-in-chief,  has  the  right  to 

call  out  the  militia  whenever  necessary  to  execute  the 
laws,  as  well  as  "to  suppress  insurrection  and  repel 
invasion." 

The  militia.  In  theory,  all  able-bodied  male  citizens  of  the  State 
between  the  ages  of  sixteen  and  forty-five  years,  are 
liable  to  military  duty  and  are  said  to  belong  to  the 
State  militia.  In  time  of  danger,  all  such  persons  may 
be  called  into  the  service  of  the  State  or  of  the  Union. 
Under  ordinary  circumstances,  however,  militia  duty 
is  performed  by  men  who  voluntarily  enroll  themselves 
and  receive  training  in  the  use  of  arms.  Such  vol- 
unteers are  regularly  organized  on  the  model  of  the 
United  States  Army,  and  are  known  as  the  Illinois 
National  Guard.  The  governor  is  commander-in- 
chief,  but  he  acts  ordinarily  through  the  adjutant  gen- 
eral. The  higher  officers  are  appointed  by  the  gover- 
nor; other  commissioned  officers  are  elected,  but  the 
choice  must  be  approved  by  him.  There  is  a  similar 

1  Kurd,  Revised  Statutes,  ch.  125.     Cf.  Hare,  American  Con- 
stitutional Law,  Lecture  XLI. 
1  Hurd,  Revised  Statutes,  ch.  38,  §  2s6h. 


The  Police  Power  145 

organization  of  volunteers  for  naval  service  known  as 
the  Illinois  Naval  Reserve.1 

Finally,  if  the  civil  and  military  power  of  the  State  Federal 
cannot  enforce  the  law,  the  general  assembly,  or,  when  support> 
that  is  not  in  session,  the  governor  may  call  upon  the 
President  of  the  United  States.  It  is  then  the  duty  of 
the  President  to  use  the  armed  forces  of  the  Union 
for  the  defense  of  the  State  government.2  Thus,  al- 
though a  few  policemen  may  in  most  instances  furnish 
all  the  force  necessary  to  compel  obedience,  they  have 
behind  them,  pledged  to  their  support,  if  necessary,  the 
full  military  power,  not  only  of  the  State,  but  of  the 
Union. 

1  Constitution  of  Illinois,  1870,  Art.  V.  §  14;  Military  and 
Naval  Code  of  Illinois  (Act  approved  May  14,  1903)  in  Hurd, 
Revised  Statutes,  ch.  129;  ibid.,  ch.  38,  §  2566-25611. 

1  Constitution  of  the  United  States,  Art.  IV.  §  4. 


10 


CHAPTER  XI 

THE  ADMINISTRATION  OF  JUSTICE 

56.    REFERENCES 

Cooley,  Constitutional  Limitations,  chs.  10,  n  ;  Black,  Hand- 
book of  American  Constitutional  Law,  §§  134,  212-223,  ch.  20; 
Hare,  American  Constitutional  Law,  especially  Lecture  39; 
Holmes,  The  Common  Law,  especially  Lectures  1-3 ;  Robinson, 
Elements  of  American  Jurisprudence;  McKinney,  Encyclopae- 
dia of  Pleading  and  Practice;  Bispham,  The  Principles  of 
Equity;  Eaton,  Handbook  of  Equity  Jurisprudence,  especially 
ch.  i ;  Bigelow,  The  Law  of  Torts;  Puterbaugh,  Common  Law 
Pleading  and  Practice,  especially  chs.  1-3,  25,  30-37. 

Documents  :  Hurd,  Revised  Statutes,  especially  chs.  13,  22, 38, 
78,  no,  with  notes  on  the  same  chapters  and  on  the  Constitu- 
tion, Art.  II.,  in  Starr  and  Curtis,  Annotated  Statutes. 

57.    LAW  AND  EQUITY 

The  rules  Since  the  State,  in  protecting  the  community,  exer- 

£  law*  cise  great  power  over  the  liberty,  the  property,  and  even 

the  lives  of  individuals,  it  is  clearly  necessary  to  make 
sure  that  this  power  shall  be  justly  used.  For  this 
purpose  the  constitution  has  established  the  courts  of 
law,  charged  with  the  duty  of  determining  what  the 
right  and  the  law  are  in  each  individual  case.  In  the 
doing  of  this  important  business,  the  judges  are  not 
free  to  choose  their  own  methods,  but  are  bound  by 
elaborate  and  well-established  rules  which,  though 
sometimes  criticised  as  useless  technicalities,  really 
serve  in  the  main  the  great  purpose  for  which  they  were 
intended,  namely,  to  do  justice  "decently  and  in  order." 

146 


The  Administration  of  Justice  147 

The  most  important  of  these  rules  are  those  of  the  The  com- 
common  law,  made  up  of  a  great  mass  of  legal  customs  mon  law- 
and  principles  inherited  by  the  American  people  from 
their  English  ancestors  and  applied  by  English  courts 
for  centuries  before  the  founding  of  the  American  colo- 
nies. To  a  certain  extent  these  principles  of  the  com- 
mon law  have  been  formally  stated  in  acts  of  parlia- 
ment or  congress  or  State  legislatures.  Many  of  them, 
however,  are  to  be  found,  not  in  such  acts  of  the  law 
making  body,  but  in  the  reported  decisions  of  the 
courts.  These  decisions,  in  turn,  have  been  constantly 
interpreting  and  applying  to  new  conditions  precedents 
set  by  many  generations  of  judges  on  both  sides  of  the 
Atlantic. 

The  courts  are  bound  also  by  acts  of  the  law-making  statute 
body.  Although  this  statute  law  often  merely  restates  law- 
the  principles  of  the  common  law,  it  has  other  and  more 
important  purposes.  Since  the  judges  are  expected  to 
apply,  not  the  law  as  it  ought  to  be,  but  the  law  as  it  is, 
the  law-making  body  must  make  such  changes  and 
additions  as  are  required  to  meet  the  needs  of  different 
times  and  places.  In  Illinois  this  statute  law  includes 
acts  of  Congress  and  acts  of  the  General  Assembly. 
Even  the  Federal  and  State  constitutions  may  be  in- 
cluded as  fundamental  statutes  enacted  by  the  highest 
law-making  authority,  the  people  themselves. 

Besides  following  the  rules  of  the  common  and  the  Equity, 
statute  law,  the  courts  of  Illinois  are  also  governed  in 
certain  cases  by  what  are  known  as  the  rules  of 
"equity."  To  understand  what  is  meant  by  "equity" 
in  distinction  from  "law"  we  must  again  go  far  back 
into  English  history.  It  was  then  found  that  the  rules 
of  the  common  law  as  applied  by  the  ordinary  courts 
were  sometimes  too  narrow,  or  too  hard  and  fast,  to 


148  Government  of  Illinois 

give  justice.  In  such  cases,  men  could  go  to  a  special 
court  which  came  to  be  known  as  the  High  Court  of 
Chancery,  because  it  was  presided  over  by  the  Lord 
Chancellor.  This  court,  instead  of  abiding  by  the  strict 
rules  of  the  common  law,  was  supposed  to  act  more 
freely,  according  to  the  broad  principles  of  justice  or 
"equity."  Gradually  precedents  were  set  and  definite 
rules  of  procedure  in  "equity"  cases  were  established 
by  custom  until  "equity"  became  simply  a  particular 
branch  of  the  law  applied  to  certain  kinds  of  cases.  In 
the  meantime,  as  many  of  the  principles  of  "equity" 
have  been  applied  to  the  administration  of  the  common 
law  there  has  been  less  need  for  separate  courts  of  chan- 
cery or  "equity."  In  England,  they  were  abolished  in 
1873  and  in  Illinois,  as  in  most  States  of  the  Union, 
equity  and  common  law  are  administered  in  the  same 
courts. 

Examples  It  is  difficult  to  explain  in  a  few  words,  the  character 

proceedkies.  °^  ^e  cases  to  which  these  principles  of  "equity"  are 
now  applied.  In  general,  however,  it  may  be  said  that 
there  are  certain  kinds  of  title  or  right  which  the  com- 
mon law  does  not  recognize  and  certain  other  rights  for 
which  it  does  not  provide  a  satisfactory  remedy  or 
means  of  enforcement.  The  first  principle  is  illustrat- 
ed by  the  case  of  property  held  by  trustees  for  religious 
or  other  purposes.  Though  the  legal  title  is  in  the 
trustees,  the  rules  of  equity  may  be  applied  to  prevent 
them  from  diverting  the  property  to  their  private  uses. 
The  second  principle  may  be  illustrated  by  the  use  of 
injunctions.  In  some  cases  in  which  the  ordinary 
common  law  proceedings  would  not  promptly  prevent 
a  threatened  injury,  the  rules  of  equity  allow  the  issue 
of  an  injunction  enjoining  or  forbidding  such  injurious 
action.  Disobedience  to  such  an  injunction  may  then 


The  Administration  of  Justice  149 

be  summarily  punished  as  contempt  of  court.  The 
practice  of  the  Illinois  courts  in  equity  proceedings  is 
still  largely  the  same  as  in  the  English  Chancery 
"though  modified  in  certain  particulars  by  our  stat- 
ute."1 

All  this  elaborate  machinery  and  these  complicated  Rights 
rules  of  practice  exist  for  the  purpose  of  defining  and 
protecting  rights.  It  is  important,  however,  to  remem- 
ber that  courts  do  not  concern  themselves  with  these 
rights  except  when  it  is  claimed  that  they  are  either 
actually  infringed  or  are  in  danger  of  being  infringed. 
In  some  cases,  the  courts  will  act  to  prevent  the  doing 
of  a  threatened  injury,  but  for  the  most  part  they  pro- 
tect rights  by  providing  punishments  or  remedies  for 
wrongs  already  done.2  It  is  one  of  the  famous  maxims 
of  the  law  that  wherever  there  is  a  right,  there  is  also 
a  remedy.  Wherever  a  legal  right  is  infringed,  there 
is,  or  should  be,  some  legal  process  by  which  an  injured 
party  may  claim  reparation  from  the  person  who  has 
injured  him.  It  is  for  the  courts  to  decide  whether  a 
wrong  has  been  done  and  what  remedy  may  be  applied. 

58.     PROCEDURE  IN  CIVIL  CASES 

Most  cases  which  the  courts  are  thus  required  to  Civil  and 
pass  upon  may  be  divided  into  two  main  classes.    These 
are  (i)  civil  cases  and  (2)  criminal  cases.     Civil  cases 
have  to  do  with  private  rights  and  the  court  is  then 
called  upon  to  decide  disputes  between  two  or  more 

1  Bispham,  Principles  of  Equity,  passim,  especially  chs.  I,  2 ; 
McKinney,  Encyclopaedia  of  Pleading  and  Practice,  VII.,  813 ; 
Supervisors  of  Fulton  County  v.  Mississippi  and  Wabash  Rail- 
road Co.,  21  Illinois  Reports,  365. 

2  See  Robinson,  Elements  of  American  Jurisprudence,  §§  156- 
161. 


150  Government  of  Illinois 

individuals  or  corporations.  Criminal  cases,  on  the 
other  hand,  are  those  in  which  "the  people"  or  the  State 
may  be  considered  as  the  injured  party.  Sometimes 
the  wrong  has  been  committed  against  the  State  direct- 
ly, as  in  the  case  of  treason,  but  in  the  vast  majority  of 
cases,  criminal  acts  are  wilful  wrongs  done  to  individ- 
uals. In  primitive  times,  such  acts  were  thought  of  as 
simply  private  wrongs.  The  stealing  of  an  ox,  for 
example,  was  an  offense  against  the  person  from  whom 
it  was  stolen  for  which  he  was  entitled  to  get  satisfac- 
tion. Now  it  is  recognized  that  murder  and  theft  and 
all  other  crimes  are  not  only  wrongs  against  particular 
persons,  but  offenses  against  the  authority  of  the  State 
whose  right  and  duty  it  is  to  preserve  order.  The  fact, 
however,  that  a  particular  act  is  criminal,  and  therefore 
punished  by  the  State,  need  not  prevent  the  injured 
person  from  securing  by  civil  proceedings  the  proper 
compensation  for  his  own  injury  or  loss. 

Civil  suits.  In  civil  cases  there  are  always  two  parties,  the  plain- 
Attorneys.  tiff  and  the  defendant.  The  plaintiff  has  to  show  that 
through  the  action  or  neglect  of  the  defendant  he  has 
been  denied  some  right  to  which  he  is  entitled.  If  he 
proves  his  case  he  is  entitled  to  compensation  for  the 
loss  which  he  has  suffered.  Since  a  suit  of  this  kind 
must  be  carried  on  in  accordance  with  carefully  pre- 
scribed rules,  which  are  not  familiar  to  anyone  except 
the  specially  trained  student  of  law,  the  parties  are 
generally  represented  by  attorneys  whose  duty  it  is  to 
see  that  their  clients  have  the  advantage  of  every  right 
which  the  law  allows  them.  On  the  other  hand,  the 
lawyer  is  also  regarded  as  an  officer  of  the  court.  He 
is  bound  to  conduct  his  client's  case  in  a  lawful  and 
orderly  way.  Since  the  lawyer  has  this  important  part 
in  the  administration  of  justice,  it  is  necessary  that  high 


The  Administration  of  Justice  151 

standards  of  character  and  ability  should  be  enforced. 
Anyone  who  wishes  to  begin  the  practice  of  law  in 
Illinois  must  pass  the  bar  examination  carried  on  under 
rules  prescribed  by  the  State  supreme  court1 

When  a  suit  is  to  be  begun,  the  plaintiff  must  apply  Preliminary 
to  the  clerk  of  the  proper  court  for  a  writ  summoning  P1"0066^"^- 
the  defendant  to  appear  in  court  and  meet  the  charges 
made  against  him.     This  writ  or  summons  must  then 
be  served  on  the  defendant  by  the  sheriff  or  the  coroner. 
The  clerk  must  also  issue  summons  or  subpoenas  to  all 
\vitnesses  who  may  be  desired  by  either  party.     Some- 
times, in  order  to  guard  against  prosecutions  which  are 
not  serious,  the  plaintiff  is  required  to  give  bond  that 
he  will  pay  the  costs  of  the  suit.2 

The  next  important  step  is  to  get  before  the  court  a  Pleadings, 
proper  statement  of  the  exact  points  in  controversy. 
The  plaintiff  acts  first  by  filing  with  the  court  a  state- 
ment in  legal  form  of  the  ground  of  his  suit.  This  is 
called  his  declaration.  This  may  be  answered  in 
various  ways  by  the  defendant  and  subsequent  state- 
ments may  be  made  by  the  plaintiff.  An  exact  under- 
standing of  these  various  pleadings  back  and  forth  is 
hardly  necessary  for  anyone  except  the  professional 
lawyer.  It  is  enough  to  say  that  they  are  con- 
tinued until  an  issue  is  reached,  "that  is  some  specific 
point  of  law  or  fact,  affirmed  on  one  side  and  denied  on 

1  Hurd,  Revised  Statutes,  ch.  13 ;  Cooley,  Constitutional  Lim- 
itations, ch.  10;  Puterbaugh,  Common  Law  Pleading  and  Prac- 
tice, ch.  30 ;  Rules  of  the  Supreme  Court  of  Illinois,  No.  39,  in 
204  Illinois  Reports,  20-23. 

2  Hurd,  Revised  Statutes,  ch.  no,  §§  1-13;  Puterbaugh,  Com- 
mon Law  Pleading  and  Practice,  ch.  2.     In  some  cases,  as  when 
there  has  been  a  charge  of  fraudulent  conduct,  the  defendant 
may  be  arrested  and  compelled  to  give  security  for  his  appear- 
ance at  the  proper  time. 


152  Government  of  Illinois 

the  other."     This  is  then  "the  exact  question  for  the 
court  or  jury  to  determine."1 

The  jury  In  general,  either  party  in  a  civil  case  may  demand 

cases™  a  tnal  by  jury.     This   is   not,   however,   required  in 

equity  cases  and  any  civil  case  may  be  tried  by  a  judge 
without  a  jury,  if  both  parties  consent.  Ordinarily  a 
jury  consists  of  twelve  men,  but  in  some  cases  the  par- 
ties to  the  suit  may  agree  upon  a  smaller  number.  The 
method  of  selecting  the  jury  is  carefully  regulated  by 
law  and  either  party  may  secure  the  rejection  of  objec- 
tionable jurors  by  means  of  challenges.  If  jurors  can 
be  shown  to  be  disqualified  for  intelligent  and  impartial 
service,  they  may  be  challenged  for  cause.  The  law 
also  allows  each  party  in  a  civil  case  three  peremptory 
challenges  for  which  no  cause  need  be  shown.2 
The  verdict.  After  a  jury  has  been  selected,  the  final  decision  rests 
with  it.  The  judge  presides  over  the  trial,  decides  what 
evidence  may  properly  be  presented  to  the  jury,  and 
sees  that  the  rules  of  law  are  observed  by  each  party  in 
presenting  its  case.  When  the  evidence  has  been  given 
and  the  arguments  made  on  both  sides,  the  judge  in- 
structs the  jury  in  writing  on  the  points  of  law  involved 
in  the  case.  After  receiving  their  instructions,  the  jury 
usually  retires  from  the  court  room  in  charge  of  an 
officer  of  the  court.  The  jurymen  will  usually  be  kept 
together  so  long  as  there  is  hope  of  their  being  able  to 
agree  upon  a  verdict,  but  if  after  a  reasonable  time  they 
are  still  unable  to  agree,  they  may  be  discharged  by  the 
judge.  If  the  decision  of  the  court  is  in  favor  of  the 

xHurd,  Revised  Statutes,  ch.  no;  Puterbaugh,  Common  Law 
Pleading  and  Practice,  chs.  1-3. 

2  Puterbaugh,  Common  Law  Pleading  and  Practice,  ch.  25 ; 
Constitution  of  Illinois,  1870,  Art.  II.  §  5 ;  Kurd,  Revised  Stat- 
utes, ch.  no,  §§  41-42,  49. 


The  Administration  of  Justice  153 

plaintiff,  the  verdict  is  usually  in  one  of  two  forms.  In 
the  first  case,  he  may  be  put  in  possession  of  the  par- 
ticular property  or  right  of  which  he  has  been  unjustly 
deprived.  This  would  be  done,  for  example,  in  the 
case  of  disputed  lands.  In  many  cases,  however,  it  will 
be  impossible  to  put  the  plaintiff  in  precisely  the  posi- 
tion which  he  would  have  occupied  if  the  wrong  had 
never  been  done  or  the  right  been  denied.  In  these 
cases,  the  defendant  will  be  compelled  to  give  him 
damages,  that  is,  a  definite  money  payment  for  his  loss.1 

This  decision  is  not,  however,  always  accepted  as  New  trials 
final.  Under  certain  conditions  prescribed  by  law,  the  and  *PPeals- 
judge  who  tried  the  case  will  grant  a  new  trial.  The 
dissatisfied  party  may  also  appeal  to  a  higher  court. 
Thus  cases  tried  before  a  circuit  judge  may  be  taken 
to  the  Appellate  Court  or  to  the  Supreme  Court  of  the 
State.  The  Court  of  Appeals  may  either  give  the  final 
decision  or  it  may  send  the  case  back  to  the  lower  court 
for  a  new  trial.  Cases  involving  rights  guaranteed  by 
the  Constitution  and  the  laws  of  the  United  States  may 
of  course  be  carried  from  State  to  Federal  courts.2 

59.     PROCEDURE  IN  CRIMINAL  CASES 

In  criminal  cases,  the  State  is  seeking  to  punish  pri-  crime* 
vate  persons  for  offenses  against  its  own  authority.  A 
crime  may  be  either  a  positive  illegal  act,  or  a  failure 
to  do  some  act  which  the  law  requires,  as  for  example, 
in  cases  of  "criminal  carelessness."  In  order  to  make 
any  act  criminal,  it  must  be  done  intentionally  and  by 

1Hurd,  Revised  Statutes,  ch.  no;  Puterbaugh,  Common  Law 
Pleading  and  Practice,  chs.  34,  35,  37;  Robinson,  Elements  of 
American  Jurisprudence,  §§  148-155. 

2  Kurd,  Revised  Statutes,  ch.  no,  §§  57-92;  Puterbaugh,  Com- 
mon Law  Pleading  and  Practice,  ch.  32. 


154 


Government  of  Illinois 


Legal  rights 
of  accused 
persons. 


Criminal 
prosecution 
and  arrest. 


some  one  who  has  intelligence  enough  to  understand 
what  he  is  doing.  Thus,  young  children  and  insane 
persons  cannot  be  made  to  answer  for  criminal  offenses. 
Drunkenness,  however,  is  not  a  sufficient  excuse.  The 
law  also  recognizes  two  grades  of  crime.  The  more 
serious  offenses,  punishable  by  death  or  by  imprison- 
ment in  the  penitentiary,  are  called  felonies.  Less  seri- 
ous offenses  are  called  misdemeanors* 

In  criminal  cases,  the  State  is  the  plaintiff  and  all 
proceedings  are  in  the  name  of  The  People  of  the  State 
of  Illinois.2  Nevertheless  the  State  takes  every  possi- 
ble care  of  the  rights  of  the  citizen  as  against  unjust 
prosecution  or  conviction.  The  State  will  even  provide 
an  attorney  for  a  defendant  in  a  criminal  case  who  is 
too  poor  to  pay  a  lawyer.  The  constitution  provides 
that  "No  person  shall  be  deprived  of  life,  liberty,  or 
property  without  due  process  of  law"  and  these  words 
include  a  great  variety  of  safeguards  against  injustice, 
from  the  first  arrest  until  the  final  execution  of  sen- 
tence.3 

A  criminal  prosecution  may  be  begun  in  various 
ways.  It  may  begin  with  the  complaint  of  a  private 
individual.  The  person  bringing  such  a  charge  must 
declare  on  oath  that  he  has  good  reason  for  believing 
that  the  person  accused  by  him  is  guilty  of  the  offense 
charged.  The  judge  or  justice  before  whom  the  charge 
is  made  will  then  issue  a  warrant  ordering  the  arrest  of 
the  supposed  offender.  In  the  case  of  persons  caught 
in  the  act  of  crime,  any  person  present  may  make  the 
arrest.  An  officer  may  make  an  arrest  when  he  knows 
that  a  crime  has  been  committed  and  has  "reasonable 

lHurd,  Revised  Statutes,  ch.  38  (Criminal  Code),  §§  273-293. 
*  Constitution  of  Illinois,  1870,  Art.  VI.  §  33- 
9  Ibid.,  Art.  II.  §  2. 


The  Administration  of  Justice  155 

ground  for  believing"  that  the  person  to  be  arrested 
has  committed  it.1 

The  person  arrested  must  be  taken  at  once  before  a  Examina- 
magistrate  for  examination.  Witnesses  must  be  heard  £™  and 
for  and  against  him  and  the  magistrate  may  then  either 
discharge  him  for  lack  of  evidence,  or,  if  there  is  good 
reason  for  thinking  him  guilty,  he  may  be  held  for  trial. 
When  the  accused  person  is  thus  held,  the  court  must 
give  him  his  freedom  provided  he  can  find  anyone  who 
will  give  sufficient  bail,  or  security,  for  his  appearance 
at  the  trial.  The  constitution  guarantees  this  right  of 
release  on  bail  in  all  cases  except  capital  offenses 
"where  the  proof  is  evident  or  the  presumption  great." 

Another  constitutional  safeguard  against  illegal  in-  Habeas 
terference  with  personal  liberty  is  the  writ  of  habeas  cort>us- 
corpus.     Whenever  anyone  has  been  deprived  of  his 
liberty,  a  writ  of  habeas  corpus  may  be  issued  by  any 
judge  of  a  court  of  record.     The  person  so  imprisoned 
must  then  be  brought  before  the  court  which  will  set 
him  free  unless  there  is  some  legal  ground  for  holding 
him.2 

Special  precautions  are  taken  against  unjust  prose-  indictment 
cution  in  the  case  of  persons  charged  with  felony. 
Such  persons  cannot  be  subjected  to  trial  unless  they 
have  first  been  indicted  by  a  grand  jury  of  the  county. 
The  members  of  the  grand  jury  are  selected  by  the 
county  board  and  it  is  their  duty  to  present  indictments 
for  all  criminal  acts  committed  in  the  county.  The 
full  jury  consists  of  twenty-three ;  but  only  sixteen  are 

1  For  a  discussion  of  the  legal  principles  involved,  see  Bige- 
low,  The  Law  of  Torts,  Part  2,  ch.  9.     See  also  Hurd,  Revised 
Statutes,  ch.  38,  §§  339-371- 

2  Constitution  of  Illinois,  1870,  Art.  II.  §  7;  Hurd,  Revised 
Statutes,  ch.  38,  §§  339-371,  414-420. 


156  Government  of  Illinois 

necessary  for  the  transaction  of  business  and  twelve 
must  agree  in  order  to  present  an  indictment.     Some- 
times the  persons  indicted  have  already  been  arrested. 
In  other  cases,  the  arrest  follows  the  indictment.1 
Counsel.  Having  prevented  the  arrest  of  any  person  except  for 

serious  reasons,  the  law  also  promises  the  defendant  an 
impartial  trial  and  every  possible  means  of  making  his 
defense  against  unjust  charges.  He  has  a  right  to 
know  the  exact  charges  made  and  the  names  of  the 
witnesses  who  are  to  testify  against  him.  In  defend- 
ing himself,  he  has  a  right  to  the  services  of  a  lawyer 
both  before  and  during  the  trial.  All  statements  made 
by  him,  privately,  to  his  counsel  are  protected  by  the 
law  and  cannot  be  used  against  him.  If  a  prisoner 
cannot  secure  counsel  for  himself,  one  or  more  lawyers 
will  be  appointed  by  the  court  to  defend  him.2 
First  steps  Trials  for  petty  offenses  are  tried  by  justices  of  the 
m  the  trial.  peace>  police  magistrates,  or  county  judges.  Impor- 
tant criminal  cases  are  tried  in  the  circuit  courts,  except 
in  Cook  County,  where  a  special  criminal  court  is  or- 
ganized for  that  purpose.3  The  first  step  in  the  trial 
proper  is  the  arraignment,  when  the  prisoner  is  formal- 
ly brought  before  the  court  to  answer  to  the  charge 
against  him.  He  may  then  plead  either  guilty  or,  not 
guilty.  If  he  refuses  to  plead,  the  plea  of  not  guilty 
will  be  entered  for  him.  If  the  plea  is  guilty,  sentence 
is  imposed  by  the  judge  according  to  the  provisions  of 
the  law.  If  the  prisoner  pleads  not  guilty,  he  must  be 

1  Constitution  of  Illinois,  1870,  Art.  II.  §  8;  Kurd,  Revised 
Statutes,  ch.  38,  §§  403-420.  The  constitution,  however,  gives 
the  legislature  the  right  to  abolish  grand  juries  altogether. 

'Constitution  of  Illinois  1870,  Art.  II.,  especially  §§  9,  19; 
Kurd,  Revised  Statutes,  ch.  38,  §§  421-438. 

"Kurd,  Revised  Statutes,  ch.  79,  §§  164-190;  ch.  38,  §§392-402. 


The  Administration  of  Justice  157 

tried  by  a  petit  jury,  so-called  to  distinguish  it  from  the 
grand  jury  which  makes  the  indictment.1 

Service  on  juries  is  one  of  the  duties  of  citizens,  but  Jury 
many  exceptions  are  allowed  by  law,  as  in  the  case  of  Ice* 
lawyers,  teachers,  ministers,  physicians,  and  some  pub- 
lic officers.  Others  not  legally  excepted  often  furnish 
more  or  less  reasonable  excuses  and  thus  escape  what 
they  consider  a  serious  burden.  It  is  often  difficult, 
therefore,  to  secure  men  of  good  character  and  intelli- 
gence for  jury  service.  In  Cook  County,  lists  of  jurors 
are  made  up  by  a  board  of  three  jury  commissioners 
appointed  by  the  judges  of  the  higher  courts  of  the 
county.  From  these  lists,  jurors  are  selected  both  for 
the  grand  jury  and  for  the  petit  juries.  Elsewhere, 
lists  are  made  up  by  the  county  boards.  When  in  any 
particular  trial,  twelve  competent  and  impartial  jurors 
cannot  be  found  on  the  official  lists,  the  judge  may 
order  the  sheriff  to  bring  in  other  men  for  service.2 

Before  a  jury  is  selected  in  any  particular  case,  the 


proposed  jurors  are  carefully  examined  by  the  court  *lon  o£ 
and  by  the  lawyers  on  both  sides.  In  criminal,  as  in 
civil  cases,  either  party  may  challenge  a  juror  for  cause, 
as  for  example,  when  it  is  shown  that  he  is  probably 
prejudiced  for  or  against  the  prisoner.  The  number  of 
peremptory  challenges  allowed  in  criminal  cases  is 
larger  than  in  civil  cases.  Whenever  the  penalty  in 
case  of  conviction  would  be  death  or  imprisonment  for 
life,  both  the  defendant  and  the  prosecuting  attorney 
are  allowed  twenty  peremptory  challenges.  In  less 
serious  cases,  the  number  allowed  is  smaller.  Every 

1  Constitution  of  Illinois,  1870,  Art.  II.  §  5;  Kurd,  Revised 
Statutes,  ch.  38,  §§  421-438;  Puterbaugh,  Common  Law  Plead- 
ing and  Practice,  ch.  25  ;  Starr  and  Curtis,  Annotated  Statutes, 
ch.  38,  Division  13. 

2  Kurd,  Revised  Statutes,  ch.  78. 


158  Government  of  Illinois 

possible  care  is  taken  to  prevent  the  jurymen  from 
being  influenced  in  any  way  except  by  the  regular 
proceedings  in  open  court  and  secret  or  illegal  com- 
munication with  them  is  a  penal  offense.1 

After  the  selection  of  a  proper  jury,  the  case  is  ready 
for  trial.  Usually  the  prosecuting  attorney  and  the 
counsel  for  the  prisoner  make  introductory  speeches, 
stating  what  they  expect  to  prove,  and  then  the  wit- 
nesses are  heard  on  both  sides.  Each  party  has  the 
right  to  cross-examine  the  witnesses  of  the  other.  The 
judge  may  refuse  to  allow  evidence  which  he  considers 
likely  to  influence  the  jury  unfairly.  When  the.  wit- 
nesses have  given  their  testimony,  the  lawyers  sum  up 
the  evidence  on  each  side.  Finally,  as  in  civil  cases,  the 
judge  gives  his  instructions  to  the  jury  on  the  points  of 
law.2 

When  a  criminal  case  has  finally  gone  to  the  jury, 
they  have  the  right  to  decide  all  questions  both  of  law 
and  fact,  though  they  should  ordinarily  be  guided  by 
the  judge's  instructions  on  legal  points.3  In  consider- 
ing their  verdict,  they  have  to  decide  first  whether  the 
prisoner  is  guilty  or  not  guilty.  The  prisoner  is  always 
to  be  supposed  innocent  until  his  guilt  is  proved  "be- 
yond a  reasonable  doubt,"  and  no  verdict  can  be  given 
unless  the  jury  is  unanimous.  The  jury  may  also  in 

1Hurd,  Revised  Statutes,  ch.  38,  §§  421-438;  ch.  78;  Puter- 
baugh,  Common  Law  Pleading  and  Practice,  ch.  35. 

*  Puterbaugh,  Common  Law  Pleading  and  Practice,  chs.  34, 
37;  Hurd,  Revised  Statutes,  ch.  no,  §§  52-54. 

"The  Supreme  Court  has  ruled  that  a  judge  may  instruct  a 
jury  "that  it  is  the  duty  of  the  jury  to  accept  and  act  upon  the 
law  as  laid  down  to  you  by  the  court,  unless  you  can  say  upon 
your  oaths  that  you  are  better  judges  of  the  law  than  the  court." 
Davison  v.  the  People,  90  Illinois  Reports,  223. 


The  Administration  of  Justice  159 

certain  cases  fix  the  penalty.1  When  a  verdict  of 
guilty  has  been  returned,  sentence  is  pronounced  by 
the  court  and  this  sentence  or  judgment  is  then  usually 
carried  out  by  the  sheriff  of  the  county.2 

The  constitution  of  Illinois  provides  that  no  person  New  trials 
shall  "be  twice  put  in  jeopardy  for  the  same  offense."  and  aPPeals- 
It  follows  that  an  acquittal  by  a  jury  is  final  and  that 
there  can  be  no  new  trial  and  no  appeal  to  any  higher 
court.  On  the  other  hand,  if  the  prisoner  is  found 
guilty,  the  judge  may  allow  a  new  trial  or  an  appeal 
may  be  taken  either  to  the  Appellate  Court  or,  in  more 
serious  cases  to  the  Supreme  Court  of  the  State.  This 
higher  court  will  then,  in  case  of  unfairness  or  illegality 
in  the  proceedings,  order  a  new  trial.3  Finally,  if  the 
prisoner  has  been  found  guilty  and  the  higher  court 
has  refused  to  interfere,  he  has  still  the  privilege  of 
appealing  to  the  governor  to  exercise  his  power  either 
of  giving  a  full  pardon  or  reducing  the  sentence.4 

Throughout  this  criminal  procedure,  the  State,  "The  techni- 
though  itself  the  prosecuting  party,  gives  the  accused 
person  every  opportunity  to  defend  himself,  assuming 
that  he  is  innocent  until  he  is  proved  guilty.  Doubtless 
this  system  prevents  the  punishment  of  many  people 
who  are  really  guilty  and  this  fact  often  causes  an  out- 
cry against  the  "technicalities"  of  the  law.  In  the  long 
run,  however,  most  Americans  believe  that  it  is  better 
to  let  a  few  guilty  men  escape  than  to  punish  one  inno- 
cent man  unjustly. 

1  Kurd,  Revised  Statutes,  ch.  38,  §§  431,  439-457-    Cf.  Cooley, 
Constitutional  Limitations,  ch.  10. 
1  Revised  Statutes,  ch.  38,  §§  439-457- 

3  Constitution  of  Illinois,  1870,  Art.  II.  §  10,  Art.  VI. ;  Kurd, 
Revised  Statutes,  ch.  38,  §§  458-470;  ch.  no. 

4  Constitution  of  Illinois,  1870,  Art.  V.  §  13. 


CHAPTER  XII 

THE  WARDS  OF  THE  STATE 

60.     REFERENCES 

Wines,  "Prisons  and  Prison  Discipline"  (in  Lalor,  Cyclo- 
paedia of  Political  Science,  III.  352-360)  ;  Henderson,  Introduc- 
tion to  the  Study  of  the  Dependent,  Defective,  and  Delinquent 
Classes  (full  reference  lists  in  Appendix)  ;  Holmes,  The  Com- 
mon Law,  Lecture  2;  Wines,  Punishment  and  Reformation; 
Boies,  The  Science  of  Penology;  Warner,  American  Charities. 

Documents :  Board  of  State  Commissioners  of  Public  Chari- 
ties of  the  State  of  Illinois,  Biennial  Reports,  especially  the  Re- 
ports for  1876,  1903 ;  Illinois  Conference  of  Charities  and  Cor- 
rections, Proceedings;  Hurd,  Revised  Statutes,  chs.  23,  38,  85, 
86,  107,  118,  with  notes  on  these  chapters  in  Starr  and  Curtis, 
Annotated  Statutes.  See  also  reports  of  the  various  State  penal 
and  charitable  institutions. 

61.    TREATMENT  OF  THE  CRIMINAL  CLASS 

The  guard-  Freedom,  responsibility,  and  self-reliance,  are  the 
testate*  marks  of  the  good  citizen.  In  every  community,  how- 
ever, there  are  some  who  have  forfeited  their  freedom 
because  they  have  used  it  to  the  injury  of  their  neigh- 
bors, or  of  the  State.  Others  because  of  misfortune  or 
weakness  cannot  be  expected  to  care  for  themselves. 
For  all  these  people,  the  State  has  to  act  as  a  kind  of 
guardian.  This  guardianship  of  the  State  is  necessary, 
first,  for  the  criminal  or  delinquent  class.  Though 
murder  may  be  punished  by  death  and  many  minor 
offenses  may  be  atoned  for  by  the  payment  of  fines 
without  the  loss  of  personal  freedom,  serious  offenses 

160 


are  generally  punished  by  depriving  the  criminal  of 
his  freedom  and  placing  him  in  the  custody  of  the  State, 
in  other  words  by  imprisonment. 

The  proper  treatment  of  criminals  is  a  difficult  prob-  Theories 
lem  and  the  practical  policy  adopted  will  depend  largely  m 
upon  one's  theories  as  to  the  real  purpose  for  which 
men  are  imprisoned  or  otherwise  punished.  In  old 
systems  of  punishment,  two  ideas  were  made  most 
prominent.  One  was  that  of  punishment  as  a  retribu- 
tion. In  the  earliest  times  the  man  who  was  injured 
could  get  retribution  or  vengeance  by  striking  back. 
He  was  entitled  to  an  eye  for  an  eye  and  a  tooth  for  a 
tooth.  Under  civilized  governments,  the  State  has 
taken  the  place  of  the  individual  and  has  claimed  retri- 
bution for  the  wrong  done  to  its  own  dignity  and  to 
the  rights  of  its  citizens.  A  second  idea  was  intimida- 
tion. Men  were  to  be  deterred  from  crime  by  the  fear 
of  the  penalty  imposed  by  law.  This  idea  of  punish- 
ment as  a  deterrent  is  still  an  important  element  in  our 
criminal  law.  A  third  purpose  of  imprisonment  is 
particularly  important  in  the  case  of  "habitual  crimi- 
nals" who  may  be  kept  for  longer  terms  not  merely 
because  of  what  they  have  done,  but  because,  if  set  free, 
they  would  be  a  constant  menace  to  the  community. 
These  various  theories  have  one  thing  in  common. 
They  all  regard  imprisonment  as  something  which  is 
necessary  to  protect  the  dignity  or  the  interest  of  the 
rest  of  the  community.  Recently,  however,  men  have 
come  to  lay  more  stress  upon  reformation.  Crimes  are 
now  regarded  not  only  as  offenses  to  be  punished,  but 
as  symptoms  of  a  moral  disease  which  has  to  be  cured. 
Though  this  principle  is  often  neglected  in  our  modern 
ii 


1 62 


Government  of  Illinois 


Penal 
institutions. 


State  peni- 
tentiaries. 


prisons,  it  is  at  least  constantly  held  up  as  the  ideal 
toward  which  all  penal  institutions  should  work.1 

In  Illinois  there  are  several  different  kinds  of  places 
in  which  prisoners  are  confined  by  law.  There  is, 
first,  the  police  station  in  which  prisoners  may  be  kept 
for  a  short  interval  before  they  have  been  formally 
examined  in  court.  The  county  jail  is  used  partly  for 
prisoners  charged  with  crime  and  awaiting  trial,  and 
partly  as  a  place  of  imprisonment  for  persons  convicted 
of  minor  offenses.  These  county  jails  are,  probably, 
the  most  unsatisfactory  part  of  our  prison  system. 
Young  men  and  even  children  are  sometimes  associated 
here  with  old  and  hardened  criminals.  In  some  coun- 
ties the  prisoners  are  treated  in  a  really  cruel  and  bar- 
barous way.  A  county  work-house  may  be  provided 
for  the  employment  of  prisoners  in  the  county  jail,  but 
as  a  rule  little  is  done  for  their  training  and  reforma- 
tion.2 Any  city  also  may  establish  a  prison  of  its  own, 
called  the  house  of  correction,  and  a  similar  institution 
for  women  called  a  "house  of  shelter."  In  these  places 
prisoners  may  be  kept  at  work  and  receive  more  careful 
supervision.8 

The  most  important  penal  institutions  of  Illinois  are 
those  maintained  by  the  State.  Serious  offenders  are 
kept  in  the  State  penitentiaries  at  Joliet  and  Chester, 

1  Cf.  Wines,  Punishment  and  Reformation,  especially  chs.  3, 

7,14- 

2  See  recent  reports  of  the  State  Board  of  Charities,  especially 
the  Fourth  Biennial  Report  (1876),  Appendix  II.     Cf.  Hurd, 
Revised  Statutes,  ch.  34,  §§  25-26.    The  Cook  County  jail  is  one 
of  the  best  managed  in  the  State.    Here  provision  is  made  for 
separating  older  and  younger  offenders,  and  the  younger  prison- 
ers are  given  elementary  teaching.     See  Chicago  Tribune,  May 
20,  1903. 

8  Hurd,  Revised  Statutes,  ch.  67;  Revised  Code  of  Chicago, 
ch.  36. 


The  Wards  of  the  State  163 

each  of  which  is  under  the  management  of  a  board  of 
commissioners  appointed  by  the  governor  with  the  ap- 
proval of  the  senate.  The  commissioners  are  expected 
to  meet  frequently  at  the  prison  and  make  the  necessary 
rules  for  its  management.  They  also  appoint  the 
warden,  who  is  the  chief  executive  officer.1 

The  chief  principles  of  prison  management  may  be  Principles 
brieflv  stated  :  ( I )  The  convicts  are  kept  under  a  severe  of  pnson 

manage- 

and  semi-military  discipline,  partly  in  order  to  control  ment. 
them  and  partly  for  the  purpose  of  moral  training. 

(2)  Hard  labor  is  required  of  all  convicts  physically 
able  to  do  it.     This  employment  of  prisoners  relieves 
the  State  of  a  part  of  the  heavy  expenditure  necessary 
for  their  support,  but  it  is  quite  as  much  for  the  interest 
of  the   prisoners   themselves.     The   work   given   will 
depend  in  part  on  the  prisoner's  previous  experience, 
character,  and  ability.     Formerly  convict  labor  was  let 
by  contract  to  private  individuals  or  companies,  but 
this  is  now  forbidden  and  it  is  a  serious  problem  how 
to  keep  the  prisoners  properly  employed  without  bring- 
ing them  into  unfair  competition  with  free  workmen.2 

(3)  Great  emphasis  is  laid  upon  moral  training.     Since 
the  first  thing  necessary  to  a  wise  treatment  of  any 
individual  prisoner  is  a  thorough  knowledge  of  his 
character,  every  convict  is  elaborately  examined  at  the 
outset  in  order  to  bring  out  every  possible  fact  about 
his   physical    constitution,   mental   habits,    and   moral 
character.     These    facts    are   carefully   recorded,   and 

1  Hurd,  Revised  Statutes,  ch.  108. 

2  In  1903,  the  legislature  passed  an  elaborate  law  regulating 
the  labor  of  convicts  in  the  penitentiaries  and  the  State  reforma- 
tory, and  leaving  their  enforcement  to  the  Board  of  Prison 
Industries,  consisting  of  the  governing  boards  of  the  three  insti- 
tutions.   Act  approved  May  n,  1903.    Hurd,  Revised  Statutes, 
ch.  108,  §§  75-102. 


164 


Government  of  Illinois 


Indetermi- 
nate sen- 
tences and 
the  parole 
system. 


Habitual 

criminals. 


supplemented  by  a  record  of  his  conduct  in  the  peni- 
tentiary. Religious  services  are  provided  and  some 
provision  is  also  made  for  education.1 

There  are  some  important  provisions  intended  to  en- 
courage good  conduct  in  prison  and  if  possible  to  pre- 
pare the  prisoner  for  good  citizenship  in  the  future. 
Under  the  so-called  good  time  rule,  a  prisoner  may  by 
good  conduct  reduce  his  term  of  imprisonment.2  Un- 
der the  indeterminate  sentence  law,  a  prisoner  may  be 
sentenced  for  a  term  which  must  be  at  least  one  year, 
but  after  that  may  be  long  or  short  according  to  his 
conduct  in  prison  and  the  evidence  which  he  gives  of  a 
purpose  to  live  honestly  when  released.  If  his  conduct 
is  bad,  he  may  be  confined  for  the  maximum  term  fixed 
by  law  for  the  offense  for  which  he  was  convicted.  On 
the  other  hand,  a  promising  prisoner  may  be  released 
on  parole,  with  the  understanding  that  he  may  at  any 
time  be  brought  back  for  misconduct.3 

In  spite  of- all  efforts  to  reform  them,  a  large  number 
of  the  convicts  are  or  become  what  are  called  habit- 
ual criminals.  For  this  class,  the  law  partly  provides 
by  imposing  much  longer  terms  of  imprisonment  for  a 
second  or  third  offense,  so  that  the  community  may  be 
protected,  even  though  there  may  be  little  hope  of 
reforming  the  criminal.4 

1  See  on  this  subject  Kurd,  Revised  Statutes,  ch.  108  (Peni- 
tentiary) ;  Wines,  Punishment  and  Reformation;  recent  reports 
of  Penitentiary  Commissioners ;  Biennial  Message  of  Governor 
Yates,   1903 ;   Constitutional   amendment   adopted   1886 ;   Blue 
Book  of  Illinois,  1903,  436-438. 

2  Kurd,  Revised  Statutes,  ch.  108,  §§  45-49  (Act  of  1872). 

*  Ibid.,  ch.  38,  §§  498-509.  Cf.  Wines,  Punishment  and  Refor- 
mation. In  1903,  a  bill  to  repeal  the  indeterminate  sentence  law 
was  vetoed  by  Governor  Yates. 

4  Kurd,  Revised  Statutes,  ch.  38,  §§  473-479- 


The  Wards  of  the  State  165 

Since  the  hardened  criminal  is  likely  to  have  a  Reforma- 
demoralizing  influence  on  younger  and  less  hopelessly 
vicious  men,  prison  authorities  are  giving  more  atten- 
tion to  the  proper  classification  and  separation  of  crim- 
inals. Two  State  institutions  are  now  provided  for  the 
punishment  and  reformation  of  boys  and  girls  convicted 
of  crime.  These  are  the  State  Reformatory  for  Boys 
at  Pontiac  and  the  State  Training  School  for  Girls  at 
Geneva.  Here  young  prisoners  can  receive  the  kind 
of  training  best  adapted  to  them  and  are  saved  from  the 
contaminating  influence  of  hardened  criminals.1 

Students  of  crime  and  the  criminal  classes  are  agreed  Preventive 
that  the  best  way  to  deal  with  this  problem  is  by  pre-  ™*™u*' 
ventive  measures  and  particularly  by  saving  the  chil-  court  law. 
dren  before  they  become  really  criminals  at  all.     Some 
important  laws  have  recently  been  passed  with  this  end 
in  view.     In  1899,  the  legislature  passed  the  so-called 
Juvenile  Court  Law,  which  provides  for  the  bringing 
into  court  of  children  who  are  neglected  or  vicious.2 
Such  children  may  either  be  left  with  their  own  families 
under  the  care  of  a  probation  officer  appointed  by  the 
judge  or  placed  in  some  good  home  or  in  some  State 
or  private  institution  where  they  can  be  properly  cared 
for.     In   Chicago,   a   judge   of  the   Circuit   Court  is 
selected  to  hold  the  Juvenile  Court.     In  other  counties, 
such  cases  may  be  heard  by  the  county  judge. 

The  purpose  of  the  Juvenile  Court  Law  is,  if  possible,  State  Home 
to  give  every  child  the  advantage  of  family  life.     Since 
this  is  not  always  practicable  at  once,  the  State  has 
recently  organized  for  boys  who  are  showing  criminal 
tendencies,  the  State  Home  for  Delinquent  Boys  located 

1  Hurd,  Revised  Statutes,  ch.  118;  ch.  23,  §§  216-244. 
*Hurd,  Revised  Statutes,  ch.  23,  §§  160-190.     (Act  approved 
April  21,  1899.) 


i66 


Government  of  Illinois 


at  St.  Charles.  There  can  be  no  doubt  that  this  care 
of  the  children  is  the  one  method  of  dealing  with  crime 
which  offers  the  best  hope  of  substantial  results.1 

62.     POOR  RELIEF 

The  State  has  also  to  take  under  its  special  guardian- 
ship the  pauper  or  dependent  class.  This  includes  all 
people  who,  for  any  reason,  are  not  able  to  support 
themselves  and  have  also  no  family  or  relatives  to  care 
for  them.  They  may  be  orphans  or  neglected  children, 
old  people  without  the  means  of  support,  or  widows 
who  are  unable  to  provide  for  themselves  or  their  chil- 
dren. Sometimes  they  are  good  men  and  women, 
thrown  out  of  employment  because  of  illness  and  acci- 
dent; but  in  other  cases  they  have  been  brought  to 
poverty  by  their  own  vices.  Thus  the  problem  of 
poverty,  or  pauperism,  is  closely  connected  with  that 
of  crime.  The  same  personal  habits,  the  same  demor- 
alizing surroundings  which  make  men  criminals  may 
also  make  them  paupers.  In  caring  for  the  dependent 
classes,  therefore,  the  State  has  two  very  different  ob- 
jects. One  is  to  relieve  the  suffering  of  the  poor 
themselves,  and  the  other,  hardly  less  important,  is  to 
protect  the  healthy  part  of  the  community,  and  espe- 
cially the  young,  from  the  demoralizing  influence  of  a 
pauper  class.2 

When  any  person  is  unable  to  support  himself,  the 
Illinois  law  requires  his  family  to  provide  for  him.  If 
there  are  no  relatives  or  friends  able  to  support  him, 
then  the  burden  falls  upon  the  whole  community.  In 

xHurd,  Revised  Statutes,  ch.  23,  §§  191-215;  Blue  Book  of 
Illinois,  432-433.  See  also  ch.  14  below  on  parental  schools. 

*  Warner,  American  Charities;  Biennial  Report  of  State 
Board  of  Charities,  1876,  App.  I.,  III. 


The  Wards  of  the  State  167 

some  cases,  the  town  government  provides  for  the  sup- 
port of  its  own  paupers;  but,  for  the  most  part,  the 
relief  of  the  poor  falls  upon  the  counties.  In  looking 
after  the  poor,  however,  the  county  makes  use  of  town 
officers.  Thus  in  counties  under  township  organiza- 
tion, the  town  supervisors  act  as  overseers  of  the  poor, 
except  in  the  larger  towns,  where  the  county  board  may 
appoint  a  special  overseer.  In  counties  without  town- 
ship organization,  the  county  board  appoints  a  "justice 
of  the  peace  or  some  other  suitable  person"  in  each 
precinct  to  serve  as  overseer. 

It  is  the  duty  of  the  overseer,  first,  to  provide  "out-  Outdoor 
door  relief."  That  is,  money  or  supplies  of  any  sort  rehef- 
may  be  given  to  relieve  poor  people  whom  it  would  not 
be  desirable  to  send  to  the  poorhouse.  This  kind  of 
relief  is  most  appropriate  with  honest  and  industrious 
people  who  are  temporarily  in  need  of  help,  but  who 
would  be  humiliated,  and,  perhaps,  demoralized  by 
being  sent  to  the  poorhouse.  There  is  so  much  danger, 
however,  that  this  outdoor  relief  may  be  too  freely 
given  and  so  weaken  the  spirit  of  self-help,  that  many 
people  believe  that  there  ought  to  be  no  outdoor  relief 
given  by  the  public.  They  believe  that  whenever  relief 
of  this  sort  is  absolutely  necessary,  it  can  be  provided 
by  private  charity  and  that  people  who  ask  support 
from  public  money  should  be  discouraged  as  much  as 
possible  by  requiring  them  to  go  to  the  poorhouse. 

"Indoor  relief"  is  usually  provided  at  the  expense  of  indoor 
the   county   at   the   county   poorhouse   or   almshouse.   rehef* 
These  poorhouses  vary  greatly  according  to  the  size 
and  wealth  of  the   county   and  the   intelligence   and 
humanity  of  those  in  charge.     In  some  counties,  the 
honest  poor  and  children  are  brought  together  with 
insane,  diseased,  and  vicious  paupers.     Sometimes  the 


i68 


Government  of  Illinois 


The  relief 
of  veterans 
and  their 
families. 


Defectives. 
The  insane. 


insane  are  still  treated  according  to  the  barbarous 
methods  of  former  days.  In  the  better  county  institu- 
tions special  and  separate  provision  is  made  for  differ- 
ent classes,  as  for  example  in  the  Cook  County  estab- 
lishment at  Dunning.  It  is  now  generally  recognized 
that  children  ought  so  far  as  possible  to  be  saved  from 
the  unfortunate  influence  of  life  in  the  poorhouse  and 
cared  for  in  other  ways.1 

Although  the  State  cares  for  those  who  have  no 
claim  except  that  they  need  help,  it  also  recognizes  the 
special  claim  of  those  who  have  come  to  poverty  because 
of  injuries  received  in  the  country's  service.  For  the 
disabled  soldiers  and  sailors  who  have  served  in  the 
Mexican,  Civil  and  Spanish-American  Wars,  the  State 
has  established  the  Soldiers'  and  Sailors'  Home  at 
Quincy.  The  families  of  old  soldiers  are  also  provided 
for  in  the  Soldiers'  Widows'  Home  at  Wilmington  and 
the  Soldiers'  Orphans'  Home.2  The  law  also  provides 
a  way  in  which  veterans  may  receive  special  outdoor 
relief  through  the  relief  committees  of  the  various 
Grand  Army  posts.  These  provisions  for  veterans  and 
their  families  may  be  regarded  not  as  charity  in  the 
ordinary  sense  but  as  the  discharge  of  a  public  debt.8 

63.    CARE  OF  DEFECTIVES 

There  is  another  class  of  State  institutions,  usually 
grouped  with  those  for  the  poor  as  charitable  institu- 
tions. They  belong,  however,  only  partly  under  that 

1  Kurd,  Revised  Statutes,  ch.  107 ;  Report  of  the  State  Board 
of  Charities  for  1876  and  for  recent  years.  Cf.  Warner,  Amer- 
ican Charities,  chs.  6,  7 ;  Henderson,  Dependents,  Defectives, 
and  Delinquents,  Part  II.,  chs.  2-5. 

*Hurd,  Revised  Statutes,  ch.  23,  §§  104-121,  127-139;  Laws, 
1865,  16;  Laws,  1869,  39. 

3  Kurd,  Revised  Statutes,  ch.  23,  §§  140-147. 


The  Wards  of  the  State  169 

head.  These  are  the  institutions  for  the  defective 
classes,  those  who  because  of  some  mental  or  physical 
defect  or  disease,  require  special  supervision  or  in  some 
cases  a  special  kind  of  education.  Of  these  defective 
classes,  one  of  the  most  important  is  that  of  the  insane. 
An  insane  person  cannot  usually  be  trusted  with  free- 
dom or  be  held  responsible  for  his  acts.  The  law, 
therefore,  lays  down  careful  rules  for  determining 
whether  a  particular  person  is  insane  and  whether  he 
should  be  kept  under  special  supervision  or  restraint. 
In  Illinois,  the  question  must  be  passed  upon  by  a  court 
of  law  with  the  help  of  expert  physicians.  If  the  per- 
son supposed  to  be  insane  demands  it,  he  may  have  a 
trial  by  jury.  This  is  called  an  "inquest  in  lunacy"  and 
is  held  by  the  judge  of  the  county  court  with  the  help 
of  six  jurors  of  whom  at  least  one  must  be  a  physician. 
If  no  jury  is  called  for,  the  judge  may  appoint  instead 
a  commission  of  two  physicians  to  examine  the  person 
claimed  to  be  insane.  If  the  jury  or  commission  finds 
that  he  is  insane,  the  judge  may  either  leave  him  to  the 
care  of  his  relatives  or  commit  him  to  an  asylum,  or 
send  him  to  the  insane  department  of  the  county  poor- 
house.  The  court  may  also,  if  the  patient  has  property 
which  requires  care,  appoint  a  conservator  who  will  act 
for  him  much  as  a  guardian  takes  care  of  the  property 
of  children.  Through  these  precautions,  the  State  tries 
first  to  prevent  any  sane  person  from  being  deprived  of 
his  liberty,1  and,  secondly,  to  prevent  improper  advan- 
tage being  taken  of  those  who  are  really  insane.2 

Insane  persons  may  be  cared  for  in  various  ways,    insane 

asylums. 

1  It  is  worth  noting  that  a  person  confined  on  the  ground  of 
insanity  is  entitled  to  the  benefit  of  the  writ  of  habeas  corpus, 
precisely  as  if  he  had  been  imprisoned  on  any  other  ground. 

3  Kurd,  Re-vised  Statutes,  chs.  85,  86. 


of  treat- 
ment. 


170  Government  of  Illinois 

Some  go  to  the  county  poorhouse.  In  some  cases,  as 
in  Cook  County,  there  may  be  a  county  insane  asylum 
connected  with  the  poorhouse.  Few  counties,  how- 
ever, are  able  to  provide  proper  care  for  the  insane  and 
the  burden,  therefore,  falls  largely  upon  the  State. 
There  are  now  six  State  hospitals  for  the  insane  besides 
one  for  insane  criminals.  The  oldest  of  these  was 
established  at  Jacksonville  in  1847  and  others  have  been 
provided  for  the  northern,  southern,  eastern  and  west- 
ern sections  of  the  State.  There  is  also  at  Bartonville, 
near  Peoria,  an  Asylum  for  the  Incurable  (or  better 
chronic)  Insane.1 

Methods  During  the  last  century,  there  have  been  great  im- 

provements in  the  methods  of  caring  for  the  insane. 
In  former  times  they  were  treated  almost  like  wild 
animals  and  often  looked  upon  with  superstitious  hor- 
ror. These  cruel  and  barbarous  methods  have  been 
rapidly  disappearing,  however,  and  insanity  is  now 
looked  upon  as  a  disease  which  should  be  carefully 
studied  and  which,  if  properly  treated,  may  often  be 
cured. 

Medical  Though  any  citizen  of  the  State  may  receive  free 

chanties.  treatment  at  these  State  hospitals,  they  cannot  be  re- 
garded as  necessarily  public  charities.  If  the  insane 
patients  or  their  families  have  property,  they  are  of 
course  taxed  for  the  support  of  these  institutions  which 
may,  therefore,  be  regarded  as  great  cooperative  enter- 
prises undertaken  by  the  State,  because  they  cannot  be 
so  well  managed  in  any  other  way.  Somewhat  similar 
in  character  to  these  insane  hospitals  are  the  medical 
charities.  Thus  the  State  maintains  at  Chicago  the 

1  Hurd,  Revised  Statutes,  ch.  23,  §§  60-91 ;  cf.  also  note  at  end 
of  ch.  23,  ibid.;  Reports  of  State  Board  of  Chanties,  especially 
1876;  Blue  Book  of  Illinois,  413-424. 


The  Wards  of  the  State  171 

Illinois  Charitable  Eye  and  Ear  Infirmary,  and  poor 
people  may  also  be  given  free  care  at  city  or  county 
hospitals.1 

Other  institutions  for  defective  children  are  distinct-  Schools  for 
ly  educational.  The  normal  healthy  child  is  provided  d 
for  in  the  ordinary  public  school,  but  many  children  are 
prevented  by  physical  defects  from  receiving  their  edu- 
cation in  this  way  and  require  a  special  training  in  order 
to  take  their  places  as  self-supporting  members  of 
society.  For  this  purpose,  there  have  been  established 
several  important  State  institutions.  The  first  to  be 
established  in  Illinois  was  the  Illinois  Institution  for  the 
Education  of  the  Deaf  and  Dumb,  founded  at  Jackson- 
ville in  1  839.*  Ten  years  later  the  Illinois  Institution 
for  the  Education  of  the  Blind  was  founded  at  the  same 
place,  and  there  has  since  been  organized  at  Chicago, 
an  Industrial  Home  for  the  Blind.  A  less  hopeful  kind 
of  institution  is  the  Illinois  Asylum  for  Feeble  Minded 
Children  in  which  these  unfortunates  are  given  such 
education  as  they  are  capable  of  receiving.  The  work 
that  is  done  for  children  in  these  institutions,  though 
generally  spoken  of  as  "charitable,"  may  also  be  treated 
as  a  part  of  the  public  school  system  of  the  State.3 

The  State  institutions  for  the  care  of  the  poor  and  state  insti- 
defective  classes  are  usually  managed  by  boards  of  t 
trustees  appointed  by  the  governor  with  the  advice  and 
consent  of  the  senate.     The   governor   also  has  the 
power  to  make  removals  for  good  cause.     These  trus- 
tees receive  no  pay  except  their  expenses  in  the  service, 


,  Revised  Statutes,  ch.  23,  §§  148-165. 

*  The  name  of  this  institution  has  recently  been  changed  to 
the  Illinois  School  for  the  Deaf.  Act  approved  May  16,  1903. 
Laws,  1903  (Legal  News  ed.). 

3  See  ch.  14  below. 


172  Government  of  Illinois 

but  each  board  has  power  to  appoint  the  superin- 
tendent who  does  receive  a  salary  and  who  is,  subject 
to  the  authority  of  the  trustees,  the  chief  executive 
officer  of  the  institution. 

State  Board  Nearly  all  of  these  institutions  are  subject  to  the 
of  Chanties.  SUpervisjon  of  the  Board  of  State  Commissioners  of 
Public  Charities.  This  Board  consists  of  five  mem- 
bers, all  appointed  by  the  governor  for  a  term  of  five 
years,  one  member,  however,  retiring  each  year.  Mem- 
bers serve  without  salary  but  have  an  allowance  for 
their  expenses.  They  have  the  right  to  visit  and  ex- 
amine the  various  State  charitable  institutions.  They 
also  visit  the  county  poorhouses  and  jails  and  describe 
the  conditions  which  they  find  in  the  biennial  reports 
which  they  are  required  to  make  to  the  governor. 
Though  the  State  Board  of  Charities  has  under  its  care 
a  large  number  of  public  and  private  charities,  it  has 
little  or  no  real  control  over  the  management  of  the 
various  institutions.  It  is  believed  by  many  that  a 
board  which  should  really  control  and  which  should  be 
made  up  of  salaried  officers  giving  their  whole  time  to 
the  work  would  give  the  people  of  the  State  a  much 
more  systematic  and  businesslike  administration  of 
these  important  interests.  This  plan  was  recommended 
by  the  State  Board  itself  in  1900  but  has  thus  far  not 
been  carried  out.1 

1  Kurd,  Revised  Statutes,  ch.  23,  §§  2-18;  Reports  of  the  State 
Board  of  Charities. 


CHAPTER  XIII 

THE  ECONOMIC  SERVICES  OF  THE  STATE 

64.     REFERENCES 

Willoughby,  An  Examination  of  the  Nature  of  the  State,  ch. 
9;  H.  C.  Adams,  "Relation  of  the  State  to  Industrial  Action" 
(Publications  of  the  American  Economic  Association,  I.,  No. 
6)  ;  "The  Relation  of  Modern  Municipalities  to  Quasi-Public 
Works"  (Ibid.,  II.,  No.  6)  ;  Hart,  Actual  Government,  Part  IX. ; 
Bemis,  Municipal  Monopolies;  Maltbie,  "Municipal  Functions," 
(Municipal  Affairs,  II.)  ;  American  Academy  of  Political  and 
Social  Science,  Social  Activities  and  Social  Legislation  (various 
authors,  1902)  ;  Zeublin,  American  Municipal  Improvements; 
Brooks,  "Bibliography  of  Municipal  Administration  and  City 
Conditions"  (in  Municipal  Affairs,  I.,  with  supplementary  lists 
in  subsequent  issues)  ;  Baker,  M.  N.,  Municipal  Year  Book; 
Dillon,  Commentaries  on  the  Law  of  Municipal  Corporations,  2 
vols.  Compare  for  illustrations  of  industrial  and  social  enter- 
prises by  European  cities,  Shaw,  Municipal  Government  in  Eu- 
rope and  Municipal  Government  in  England,  and  Fairlie,  Mu- 
nicipal Administration,  chs.  n,  12. 

Documents :  Constitution  of  Illinois,  Arts.  XL,  XIII. ;  Hurd, 
Revised  Statutes  of  Illinois,  especially  chs.  :6a,  24, 32,  47,  73,  114, 
121,  with  notes  on  these  chapters  in  Starr  and  Curtis,  Annotated 
Statutes;  Auditor  of  Public  Accounts,  Biennial  Reports;  Bu- 
reau of  Labor  Statistics,  Reports;  Board  of  Railroad  and  Ware- 
house Commissioners,  Reports,  especially  1872-1876  and  recent 
issues ;  Secretary  of  State,  Biennial  Reports. 

65.     STATE  REGULATION  OF  PRIVATE  ENTERPRISE 

In  the  exercise  of  the  police  power,  in  the  administra-  The  state 
tion  of  justice,  and  even  to  a  certain  extent  in  the  care  fs  a  ffctor 

J  in  social 

of  the  abnormal  and  degenerate  classes,  the  purpose  of  progress. 
the  government  is  to  protect  the  ordinary  citizen  in  the 

173 


174  Government  of  Illinois 

free  and  safe  enjoyment  of  his  rights.  In  all  modern 
countries,  however,  the  government  actually  does  much 
more  than  this.  It  is  not  content  with  merely  protect- 
ing right  private  enterprises  and  prohibiting  injurious 
ones,  but  has  become  an  important  positive  factor  in 
the  progress  of  the  people.  It  renders  important  ser- 
vices of  an  economic  or  material  kind,  and  it  tries  also 
by  means  of  public  education  to  serve  the  higher  inter- 
ests of  the  community. 

Economic  The  positive  services  performed  by  the  State  in  the 

services          economic  life  of  the  people  are,  roughly,  of  three  kinds : 

classified.  .        ,.  .  . 

(i)  State  regulation  of  private  enterprise;  (2)  State 
aid  to  private  enterprise;  and  (3)  public  ownership  or 
management  of  industrial  enterprises. 

state  regu  As  business  interests  have  grown  constantly  larger 
(rfTate°en-  an(^  more  complicated,  it  has  become  more  important 
terprises.  that  they  should  be  made  to  work  in  harmony.  Men 
are  coming  to  have  higher  ideas  of  industrial  and  social 
organization  and  since  these  ideas  are  often  in  conflict 
with  private  interests,  it  is  desirable  that  the  strength 
of  the  State  should  be  used  to  bring  about  more  just 
and  reasonable  conditions.  Acting  on  this  theory,  the 
government  has  come  more  and  more  to  regulate  cer- 
tain kinds  of  business  in  order  to  promote  their  develop- 
ment along  those  lines  which  shall  be  best  for  the  inter- 
ests of  the  whole  community.  Some  of  this  work  is 
given  to  the  Federal  government,  particularly  under  its 
power  to  regulate  inter-state  and  foreign  commerce,  but 
much  is  still  left  to  the  States.  This  is  clearly  shown 
by  the  clauses  of  the  Illinois  constitution  which  have  to 
do  with  corporations  in  general,  and  with  such  specific 
kinds  of  business  as  railroads,  banks,  and  warehouses. 
Corpora-  Since  the  important  business  of  the  community,  and 

particularly  its  commerce  and  manufactures  are  largely 


The  Economic  Services  of  the  State          175 

in  the  hands  of  corporations  rather  than  of  individuals, 
it  is  important  to  understand  something  of  the  general 
principles  of  law  which  apply  to  these  organizations. 
It  is  not  easy  to  state  accurately  and  yet  without  techni- 
cal language  just  what  a  corporation  is,  but  it  is  com- 
monly defined  in  law  as  an  artificial  person.  Thus  a 
corporation  may  consist  of  one  person  and  his  succes- 
sors in  some  particular  office  or  trust ;  or  it  may  be,  as 
is  usually  the  case,  an  association  of  several  persons. 
In  any  case,  the  law  regards  it  as  a  sort  of  person, 
having  rights  and  duties  similar  to  those  of  a  natural 
person,  and  quite  distinct  from  those  of  the  individuals 
who  compose  it.  Thus  a  corporation  may  buy  and 
sell  property,  and  it  may  sue  and  be  sued  in  the  courts 
like  any  individual  person.  It  may  also  have  debts 
which  are  quite  distinct  from  those  of  its  individual 
members.  It  is  important  to  note,  however,  that  these 
privileges,  which  seem  almost  necessary  for  the  conduct 
of  any  great  enterprise  at  the  present  time,  are  not 
enjoyed  as  a  matter  of  course  but  are  given  by  the 
State  and  limited  by  law.  In  Illinois  corporations 
might  formerly  be  chartered  by  special  acts  of  the 
legislature,  and  many  such  charters  were  issued  just 
before  the  adoption  of  the  present  constitution.1  They 
are  now  forbidden  by  the  constitution  and  all  new  cor- 
porations must  be  organized  under  general  laws.  These 
general  laws  need  not  be  the  same  for  all  corporations, 
but  may  be  only  for  those  of  a  particular  class.  Some 
of  these  classes  are  recognized  by  the  constitution  itself 
and  others  are  provided  for  by  statute.2 

1  See  the  session  laws,  1865-1869,  and  note  the  marked  reduc- 
tion in  the  size  of  the  volumes  after  the  adoption  of  the  present 
constitution. 

2  Constitution  of  Illinois,  1870,  Art.  XL 


176  Government  of  Illinois 

Public  cor-          Some  corporations  are  not  organized  for  the  purpose 
and^corpo-      °^  making  profits  for  their  members  and  therefore  do 
rations  "not    not  concern  us  here.     Thus  there  are  public  corpora- 
or  pro  t.       lions  doing  a  part  of  the  work  of  government.     A  city 
is  a  corporation  and  as  such  can  sue  and  be  sued  in  the 
courts.     So  is  the  State  University,  maintained  by  the 
people  as  a  part  of  the  public  school  system.     There  are 
also  many  private  associations  having  corporate  privi- 
leges, but  not  organized  for  strictly  business  purposes. 
Under  this  head  come  churches,  literary  societies,  politi- 
cal clubs,  and  many  other  societies.1 

The  general  Among  the  private  corporations  organized  for  pure- 
ly business  purposes,  the  law  recognizes  several  distinct 
classes.  Many  of  them  are  organized  under  a  general 
law  regulating  "corporations  for  pecuniary  profit,"  but 
other  corporations  such  as  railroads,  banks,  and  insur- 
ance companies  are  chartered  in  accordance  with  laws 
specially  adapted  to  each  of  these  particular  kinds  of 
business.  The  general  law  requires,  first,  that  all  per- 
sons who  wish  to  organize  themselves  into  a  corporation 
must  secure  a  license  from  the  secretary  of  state  and 
must  choose  their  officers  according  to  rules  prescribed 
by  law.  Corporations  are  also  required  to  make  regu- 
lar reports  to  the  secretary  of  state  and  are  expressly 
declared  to  be  bound  by  such  regulations  as  the  State 
legislature  may  from  time  to  time  think  necessary.2 
Banking  Of  the  laws  relating  to  special  classes  of  business 

laws-  corporations,  the  most  important  are  those  on  banking, 

insurance  and  railroads.  In  the  early  history  of  Illi- 
nois, the  State  itself  attempted  to  engage  in  the  banking 
business,  but  this  policy  was  unsuccessful  and  is  now 
forbidden  by  the  constitution.  Banks  are  now  organ- 

1  Kurd,  Revised  Statutes,  ch.  32,  especially  §§  29-49. 

2  Ibid.,  ch.  32,  §§  1-28. 


The  Economic  Services  of  the  State          177 

izecl  under  general  laws  which  must  be  submitted  to 
the  people  for  their  approval.1  The  present  law  regu- 
lates the  manner  in  which  bank  directors  are  to  be  elect- 
ed, the  minimum  amount  of  capital  stock  which  they 
must  hold,  and  the  ways  in  which  they  may  lend  money. 
For  the  purpose  of  enforcing  these  regulations  and 
protecting  the  rights  of  stockholders  and  depositors, 
banks  must  be  examined  at  least  once  a  year  by  a  bank 
examiner  appointed  by  the  State  Auditor  of  Public 
Accounts.2 

Somewhat  similar  regulations  are  made   for  com-   Regulation 
panics  carrying  on  various  kinds  of  insurance  business  of  msu™nce 

J  companies. 

such  as  life,  accident,  and  fire  insurance.  Insurance 
companies  are  now  under  the  Supervision  of  the  State 
Insurance  Department.  The  superintendent  of  this 
department  has  the  right  to  examine  insurance  com- 
panies, to  receive  reports  from  them,  and  in  some  cases 
to  deprive  them  of  their  privilege  of  doing  business  in 
the  State.3 

The  proper  regulation  of  railroad  companies  is  a   state  regu- 
most  difficult  problem,  and  it  has  been  especially  impor-  l^"".^* 
tant  for  Illinois  because  of  the  great  railroad  interests 
which  center  in  the  city  of  Chicago.     Until  the  adoption 
of  the  present  constitution,  the  State  had  failed  to  work 
out  any  satisfactory  policy.    The  unsuccessful  improve- 
ment scheme  of  1837  had  provided  for  the  building  of 
railroads  by  the  State.     Later  aid  was  given  to  railroad 
companies  in  various  ways  by  the  Federal,  State,  coun- 
ty, and  town  governments.     When  the  railroads  had 

1  Constitution  of  Illinois,  1870,  Art.  XI.  §§  5-8. 

2  Kurd,  Revised  Statutes,  ch.  i6a.     It  must,  however,  be  re- 
membered that  a  large  proportion  of  the  important  banks  are 
organized  not  under  State  law,  but  under  the  authority  of  the 
national  bank  act. 

3  Ibid.,  ch.  73.     Cf.  Act  approved  May  14,  1903,  §§  272a-272g. 

12 


178  Government  of  Illinois 

been  built,  however,  the  people  and  particularly  the 
farmers  felt  that  they  were  not  being  fairly  treated  in 
the  matter  of  charges ;  that  the  great  corporations  which 
had  received  so  many  privileges  from  the  State  should 
be  brought  more  thoroughly  under  its  control.  The 
Constitution  of  1870,  therefore,  defines  carefully  the 
mutual  rights  and  duties  of  the  railroad  companies  and 
the  people,  and  these  constitutional  principles  have  been 
worked  out  in  detail  by  acts  of  the  State  legislature. 
Principles  One  important  principle  of  this  State  regulation  is 

re  uiatbn  publicity.  Every  railroad  company  doing  business  in 
Illinois  must  have  a  public  office  in  the  State  where  its 
records  must  be  kept,  and  make  an  annual  report  to  the 
State  Auditor  and  to  the  Board  of  Railroad  and  Ware- 
house Commissioners.1  In  the  second  place,  investors 
as  well  as  the  general  public  are  protected  by  rules 
restricting  the  increase  of  capital  stock.2  A  third  prin- 
ciple is  the  preserving  of  competition  by  prohibiting  the 
consolidation  of  companies  which  own  parallel  or  com- 
peting lines.3  The  most  important  principle,  however, 
laid  down  by  the  constitution  is  in  the  statement  that 
the  railroads  are  not  purely  private  property,  but  "pub- 
lic highways"  "free  to  all  persons  for  the  transportation 
of  their  persons  and  property."  Because  the  railroads 
are  "public  highways"  the  State  has  a  right  to  prevent 
unjust  discrimination  among  their  patrons  and  even  to 
establish  "reasonable  maximum  rates  of  charges"  both 
for  freight  and  for  passengers.4  Acting  under  these 

1  Constitution  of  Illinois,  1870,  Art.  XI.  §  9 ;  Kurd,  Revised 
Statutes,  ch.  114,  §  24. 

2  Constitution  of  Illinois,  1870,  Art.  XI,  §  13 ;  Kurd,  Revised 
Statutes,  ch.  114,  §§  15,  22. 

'Constitution  of  Illinois,  1870,  Art.  XL  §  n;  Revised  Stat- 
utes, ch.  114,  §  23. 
*  Constitution  of  Illinois,  1870,  Art.  XL  §§  12,  15. 


The  Economic  Services  of  the  State          179 

clauses  the  legislature  passed  a  law  prohibiting  "extor- 
tion and  unjust  discrimination."  It  also  attempted  to 
fix  definite  maximum  rates  which  might  be  charged  for 
freight  and  passengers.  This  law  was  objected  to  as 
unconstitutional,  and  in  1873  a  new  law  was  passed 
which  left  the  duty  of  publishing  such  rates  to  the 
Board  of  Railroad  and  Warehouse  Commissioners. 
These  rates  are  enforced  by  the  courts  unless  shown  to 
be  unreasonable.1 

This  Board  consists  of  three  commissioners  appoint-  Railroad 
ed  by  the  governor  and  the  senate  to  serve  for  a  term 
of  two  years.  No  one  can  hold  this  office  who  has  any 
money  interest  in  any  railroad.  The  commissioners 
are  entitled  to  receive  every  year  from  the  railroads,  a 
sworn  statement  giving  information  of  almost  every 
kind  about  their  property  and  business.  It  is  the  duty 
of  the  Board  to  enforce  various  acts  of  the  legislature 
regulating  railroads,  but  their  most  important  work  is 
the  publication  from  time  to  time  of  schedules  fixing 
the  maximum  rates  which  may  be  charged  for  freight 
and  passengers.  In  the  case  of  passengers  a  uniform 
maximum  rate  of  three  cents  a  mile  has  been  fixed.  In 
the  case  of  freight,  the  maximum  rates  which  may  be 
charged  vary  according  to  the  character  of  the  business. 
At  first,  the  railroads  resisted  this  principle  of  State  reg- 
ulation of  railway  rates,  but  it  has  since  been  sustained 
by  the  State  Supreme  Court  and  finally  by  the  Supreme 
Court  of  the  United  States.2 

1 J.  H.  Gordon,  Illinois  Railway  Legislation  and  Commission 
Control  (in  University  of  Illinois,  University  Studies)  ;  Kurd, 
Revised  Statutes,  ch.  114,  §§  124-133. 

2Hurd,  Revised  Statutes,  ch.  114;  Reports  of  Railroad  and 
Warehouse  Commissioners;  111.  Central  Railroad  Company  v. 


iSo  Government  of  Illinois 

Regulation          Somewhat  different  from  the  problem  of  the  steam 
of  street         railroads  is  that  of  the  street  railways  which,  especially 

railways.  * 

since  the  development  of  electricity,  have  spread  rapidly 
in  all  the  large  cities  and  many  of  the  smaller  towns  of 
the  State.  Since  they  use  the  public  streets  it  is  gen- 
erally recognized  that  the  people,  who  own  the  streets, 
have  a  right  to  determine  the  conditions  under  which 
such  use  may  be  allowed.  The  State  constitution, 
therefore,  provides  that  no  law  shall  be  passed  giving 
the  right  to  establish  a  street  railway  through  the  streets 
of  a  city  or  town  without  the  consent  of  the  local  au- 
thorities.1 In  the  past,  this  valuable  privilege  of  using 
the  streets  has  been  given  away  without  any  sufficient 
return  to  the  people,  but  the  tendency  now  is  to  require 
greater  concessions  from  the  street  railway  companies 
and  to  subject  them  to  municipal  regulations  of  various 
kinds.  Within  recent  years,  city  street  railways  have 
been  developed  in  many  places  into  what  are  sometimes 
called  inter-urban  railways,  carrying  not  only  passen- 
gers, but  sometimes  freight  also  for  long  distances  and 
thus  coming  into  competition  with  steam  railroads. 
These  inter-urban  companies  probably  will  require  reg- 
ulations similar  to  those  already  adopted  for  steam 
railroads.2 

Regulation  Much  the  same  principles  which  have  been  applied 
to  railroad  freight-rates  have  also  been  thought  neces- 
sary in  the  case  of  the  great  warehouses,  particularly 
those  for  the  storing  of  grain.  The  law  provides  cer- 
tain maximum  rates  for  the  storage  of  grain,  requires 

the  People,  95  Illinois  Reports,  313,  and  Ruggles  v.  Illinois,  and 
111.  Central  R.  R.  Co.  v.  Illinois,  108  U.  S.  Reports,  526-543 ;  cf. 
Munn  v.  Illinois,  94  U.  S.,  113. 

1  Constitution  of  Illinois,  1870,  Art.  XI.  §  4. 

8  See  on  this  subject  the  Message  of  Governor  Yates,  Jan.  7, 
1903. 


The  Economic  Services  of  the  State          181 

that  rates  shall  be  published  and  that  there  shall  be  no 
unjust  discrimination  in  favor  of  or  against  particular 
customers.  The  enforcement  of  these  regulations  is 
entrusted  to  the  Railroad  and  Warehouse  Commission- 
ers.1 

There  are  many  other  examples  of  State  control  of  other  ex- 
private  enterprises.     There  is  special  legislation  regu-  *mplei 
lating  building  and  loan  associations,  gas  companies,   troi. 
and  trust  and  surety  companies.2     Coal  mining  is  an- 
other kind  of  business  which  is  subjected  to  many  spe- 
cial regulations.     It  is  supervised  by  a  State  mining 
board  which  appoints  inspectors  and  holds  examina- 
tions to  determine  who  may  be  employed  as  managers 
or  engineers.3 

66.    INDUSTRIAL  COMBINATIONS  AND  LABOR 
LEGISLATION 

Within  recent  years  two  objects  of  State  regulation  Regulation 
have  seemed  particularly  important.     The  first  is  the  ^ 


protection  of  the  people  from  abuse  of  power  by  the  tions. 
so-called  "trusts,"  great  combinations  of  capital  having 
a  partial  control  or  even  a  complete  monopoly  of  certain 
lines  of  business.  It  is  not  clear  just  how  much  can 
be  done  in  this  field  by  the  Federal  government  and  how 
much  should  be  left  to  the  States.  The  Illinois  legisla- 
ture, however,  has  attempted  to  prevent  by  law  combi- 
nations made  for  the  purpose  of  securing  a  monopoly  in 
particular  lines  of  business  or  for  limiting  the  quantity 
or  fixing  the  price  at  which  articles  shall  be  sold.4 

1  Constitution  of  Illinois,  1870,  Art.  XIII.  ;  Hurd,  Revised 
Statutes,  ch.  114,  §§  134-160. 

2  Hurd,  Revised  Statutes,  ch.  32  passim. 
*  Ibid.,  ch.  93. 

*Ibid.,  ch.  38  (Criminal  Code),  §§  26oa-26ot. 


1 82 


Government  of  Illinois 


Labor 
legislation. 


State  Board 
of  Arbitra- 
tion. 


These  laws  have  not  overcome  the  tendency  toward 
great  industrial  combinations,  and  there  is  great  differ- 
ence of  opinion  as  to  how  far  this  tendency  ought  to  be 
checked. 

Another  important  object  of  State  intervention  is  to 
secure  better  conditions  for  the  employment  of  labor 
and  to  prevent,  so  far  as  possible,  strikes  or  lock-outs. 
Thus  the  law  makes  eight  hours  a  legal  day's  work, 
where  there  is  no  specific  contract.  Factory  laws  have 
been  passed  to  secure  better  conditions  in  manufactur- 
ing establishments  and  factory  inspectors  have  been 
appointed  to  enforce  these  regulations.  To  help  men 
who  are  out  of  work,  State  free  employment  agencies 
have  been  provided  for.  The  courts  of  Illinois  are, 
however,  somewhat  conservative  about  measures  which 
seem  to  restrict  individual  liberty  and  some  important 
acts  of  this  kind  have  been  declared  unconstitutional.1 

One  of  the  most  important  measures  of  this  class  was 
the  establishment  of  the  State  Board  of  Arbitration, 
consisting  of  three  members  appointed  by  the  governor. 
One  of  them  must  be  an  employer,  another  an  employee 
and  the  third,  some  one  who  is  neither  employer  or 
employee.  The  Board  may  investigate  a  dispute  be- 
tween employers  and  workmen  when  one  or  both  of 
the  parties  ask  for  it.  When  both  have  applied  for 
arbitration,  the  failure  of  either  to  accept  the  decision 
may  be  punished  by  the  courts.  The  board  may  also, 
when  the  interests  of  the  public  seem  to  be  endangered 
by  a  strike  or  lock-out,  investigate  the  case  of  its  own 

1  Hurd,  Revised  Statutes,  ch.  48,  §§  53-67.  One  act  for  this 
purpose  was  declared  unconstitutional  by  the  State  Supreme 
Court,  but  a  substitute  measure  was  passed  in  1903.  Act  ap- 
proved May  n,  1903.  Cf.  Starr  and  Curtis,  Annotated  Stat- 
utes, ch.  38,  §  442  note,  and  Frorer  et  al  v.  the  People,  141 
Illinois  Reports,  171. 


The  Economic  Services  of  the  State          183 

motion  and  make  recommendations  to  the  parties.  It 
cannot  compel  either  party  to  accept  arbitration,  but 
has  doubtless  done  something  to  prevent  undesirable 
conflicts  between  labor  and  capital.1 

Many  of  the  provisions  just  spoken  of  may,  in  so  far  Negative  an4 
as  they  are  intended  to  protect  the  community  from  a  P°91tive  a8- 

pects  of  this 

harmful  use  of  individual  liberty,  be  considered  as  a  legislation, 
part  of  the  police  work  of  the  State.     Yet,  taken  as  a 
whole,  they  show  in  a  positive  way  how  the  State  to-day 
tries  to  guide  private  enterprise  along  safe  and  wise 
lines  of  progress. 

67.     STATE  AID  TO  PRIVATE  ENTERPRISE 

Besides  controlling  or  "regulating  private  enterprise,  state  aid  to 
the  State  does  much  to  encourage  and  aid  certain  kinds  aenculture- 
of  private  activity  which  are  considered  especially  use- 
ful to  the  whole  community.  Since  Illinois  is  an  im- 
portant agricultural  State,  some  effort  is  naturally  made 
to  help  the  farming  industry.  This  is  done  partly  by 
State  appropriations  to  various  agricultural  organiza- 
tions which  are  intended  to  develop  improved  methods 
of  farming.  Thus  appropriations  are  made  by  the 
State  to  the  State  Board  of  Agriculture,  to  the  State 
Horticultural  Society,  and  to  State  and  county  farmer's 
institutes.  Much  is  also  appropriated  for  scientific 
investigations  in  the  interests  of  the  farmers.  Thus 
the  State  entomologist  is  employed  to  investigate  insect 
enemies  of  vegetation.2  The  State  also  cooperates  with 
the  Federal  government  in  supporting  the  State  Agri- 
cultural College,  where  investigations  are  carried  on 
which  throw  light  on  many  practical  problems.  The 

1  Hurd,  Revised  Statutes,  ch.  10. 

2  Revised  Statutes,  chs.  5,  1273;  biennial  appropriation  acts  in 
Laws,  1903. 


184  Government  of  Illinois 

State  further  helps  the  farming  interests  of  Illinois  by 
the  passage  of  suitable  drainage  laws.  In  order  to 
carry  out  drainage  plans,  private  individuals  must  some- 
times be  compelled  to  allow  the  use  of  their  lands  and 
all  persons  who  will  receive  any  direct  benefit  must  be 
compelled  to  contribute  their  share  of  the  expense. 
Through  acts  of  the  legislature  and  through  the  courts 
the  State  gives  its  compulsory  power  for  this  purpose.1 
Bureau  of  There  has  not  been  so  much  direct  legislation  by 
Usdcs  Sta  t^ie  State  in  aid  of  manufactures,  but  in  1879  the  legis- 
lature established  the  State  Board  of  Commissioners  of 
Labor,  better  known  as  the  Bureau  of  Labor  Statistics. 
It  is  the  duty  of  this  Board  to  collect  statistics  "relating 
to  the  commercial,  industrial,  social,  educational,  and 
sanitary  conditions  of  the  laboring  classes,  and  to  the 
permanent  prosperity  of  the  mechanical,  manufactur- 
ing, and  productive  industry  of  the  State."  The  pub- 
lished reports  have  given  special  attention  to  the  coal 
mining  industry.2 

Aid  to  Both   agriculture   and  manufactures   are,   however, 

largely  dependent  for  their  prosperity  upon  the  com- 
merce and  transportation  which  bring  the  farm  and 
factory  products  from  the  producer  to  the  consumer. 
In  this  field  the  positive  help  of  the  State  to  private 
enterprise  has  always  been  very  important.  Without 
good  roads,  there  can  be  little  commerce  between  dif- 
ferent communities,  but  the  building  and  improvement 
of  roads  is  largely  the  work  of  county  and  town  gov- 
ernments. In  order  to  facilitate  commerce,  the  State 
has  spent  a  large  sum  of  money  on  the  Illinois  and 

1  Revised  Statutes,  ch.  42,  and  Constitution  of  Illinois,  1870, 
Art.  IV.  §  31  (amendment). 

2  Revised  Statutes,  ch.  i?b.     See  also  Reports  of  the  Bureau 
of  Labor  Statistics. 


commerce. 


The  Economic  Services  of  the  State          185 

Michigan  Canal,  and  has  from  time  to  time  either 
through  the  central  or  the  local  governments  given 
help  in  the  building  of  railroads. 

Perhaps  the  most  important  help  which  the  State  Eminent  d» 
gives  in  the  building  of  a  railroad  is  by  allowing  the  maiiu 
railroad  company  to  exercise  the  right  of  "eminent 
domain."  It  is  one  of  the  fundamental  principles  of 
any  government,  that  private  property  is  subject  to  the 
public  welfare  and  may  be  taken  over  by  the  State,  if 
necessary,  with  the  understanding,  however,  that  the 
owner  must  receive  compensation  for  property  so 
taken  or  condemned.  Thus  if  the  government  desires 
to  build  a  public  road,  it  may  condemn  the  land  of  any 
private  owner  over  which  the  road  must  pass,  and  the 
courts  will  decide  what  is  a  reasonable  compensation.1 
Through  the  grant  of  the  State,  railroad  corporations 
also  may  exercise  this  power  under  the  same  condition 
that  they  must  pay  a  reasonable  price  to  be  fixed  by  the 
courts.2  A  similar  right  to  take  property  under  the 
principle  of  eminent  domain  is  given  to  telegraph  com- 
panies.3 

68.     PUBLIC  OWNERSHIP 

There  are  some  kinds  of  business  carried  on  for  the  Government 
purpose  of  satisfying  the  material  needs  or  conven-   enterPnses- 
ience  of  the  people,  which  the  State  takes  out  of  private 
hands  altogether  and  entrusts  to  the  government.     The 
line  between  public  and  private  business  has  been  dif- 
ferently drawn  in  different  governments  and  at  differ- 
ent times.     In  a  general  way,  however,  it  may  be  said 
that  certain  services  which  are  needed  by  all  or  nearly 

1  Hurd,  Revised  Statutes,  ch.  47. 
"Ibid.,  ch.  114,  esp.  §§  18,  19. 
'  Ibid.,  ch.  134,  §  19. 


i86 


Government  of  Illinois 


State  own- 
ership and 
socialism. 


Th-  ex- 
perience of 
Illinois. 


all  the  people,  and  which  are  of  such  a  kind  that  real 
competition  is  either  impracticable  or  undesirable,  are 
being  more  and  more  treated  as  government  business. 
Thus  the  national  governments  of  all  civilized  coun- 
tries undertake  the  business  of  delivering  letters  for  the 
convenience  of  their  citizens,  and  many  governments 
have  taken  over  the  telegraph  lines  and  the  business  of 
sending  goods  by  express.  Thus  also  a  State  govern- 
ment may  own  and  operate  a  canal,  and  a  county  or 
town  government  may  build  and  maintain  roads.  A 
city  may  undertake  the  business  of  furnishing  water 
for  the  people  who  live  within  the  city  limits,  or  it  may 
even  own  and  operate  a  street  railway  system. 

All  the  forms  of  business  just  mentioned  have  at 
some  times  and  in  some  places  been  left  to  private  en- 
terprise, but  each  of  them  is  now  being  somewhere  car- 
ried on  as  government  business.  It  is  quite  possible 
that  many  other  kinds  of  business  now  managed  by 
private  individuals  for  private  profit  may  be  hereafter 
taken  over  by  the  government,  acting  as  a  sort  of  co- 
operative society  for  all  the  people  of  the  community. 
If  all  industrial  enterprises  should  thus  be  taken  over 
by  the  state,  we  should  have  what  is  called  socialism. 

In  the  early  history  of  this  State,  the  legislature  pro- 
posed, as  has  been  seen,  to  undertake  on  a  large  scale 
the  business  of  building  canals  and  railroads.  Though 
large  sums  were  appropriated  for  this  purpose,  the 
only  substantial  result  accomplished  was  the  building 
of  the  Illinois  and  Michigan  Canal,  now  in  charge  of  a 
Board  of  Canal  Commissioners  appointed  by  the  gov- 
ernor. This  is  probably  the  best  example  in  Illinois  of 
an  industrial  enterprise  carried  on  by  the  central  gov- 
ernment of  the  State,  but  there  is  great  difference  of 


The  Economic  Services  of  the  State          187 

opinion  as  to  the  real  value  of  this  canal  under  present 
conditions.1 

One  of  the  most  important  industrial  enterprises  Public 
undertaken  by  any  government  is  the  building  and  roads* 
maintaining  of  public  highways,  including  roads  and 
bridges.  Roads  have  often  been  in  the  past  private 
enterprises,  carried  on  for  profit  and  collecting  tolls 
from  travelers.  A  few  such  toll  roads  still  exist,  but 
in  Illinois  the  practically  universal  rule  is  that  roads  and 
bridges  are  made  and  repaired  by  the  local  govern- 
ments and  are  free  to  all  who  wish  to  pass  over  them. 
In  counties  under  town  government,  this  work  is  in  the 
charge  of  commissioners  of  highways  elected  by  the 
people  of  each  town.  Counties  not  under  township 
organization  may  either  be  divided  into  road  districts 
in  charge  of  elected  commissioners,  or  they  may  leave 
the  general  management  of  the  roads  in  the  hands  of 
the  county  board.2 

The  cities,  however,  furnish  the  best  examples  of  Public 
government  ownership  of  the  so-called  "public  util-  utlllties- 
ities."  Much  which  might  elsewhere  be  safely  left  to 
private  enterprise  cannot  be  so  left  in  these  crowded 
places  without  serious  inconvenience  and  danger. 
Thus,  a  city  family  cannot  well  have  its  own  separate 
arrangements  for  sewerage  or  water  or  street  lighting. 
Sometimes  these  public  utilities  are  furnished  by  private 
companies.  In  that  case,  there  is  usually  a  monopoly, 
because,  as  in  the  case  of  water  or  street  railway  serv- 
ice, there  is  not  room  for  several  companies  on  the  same 

1  Kurd,  Revised  Statutes,  ch.  19;  Message  of  Governor  Yates, 
1903.  See  above,  ch.  2. 

"Kurd,  Revised  Statutes,  ch.  121.  An  excellent  account  of 
the  road  laws  of  Illinois  is  given  by  I.  O.  Baker  in  the  Engi- 
neering Record,  XLVII.  431-432. 


i88 


Government  of  Illinois 


Examples  of 

municipal 

ownership. 


Municipal 
ownership 
as  a  prac- 
tical issue. 


streets.  If  there  is  a  monopoly,  there  is  always  a 
chance  that  the  citizen  who  needs  these  services  will 
not  be  treated  fairly  by  the  company.  Sometimes  a 
strong  corporation  may,  through  corrupt  methods  or 
otherwise,  prevent  proper  regulations  by  the  city  au- 
thorities in  the  interest  of  the  people.  For  these  and 
other  reasons,  city  governments  in  Illinois,  as  else- 
where, have  taken  up  new  lines  of  business,  formerly 
left  to  private  enterprise.1 

The  public  utilities  managed  by  the  municipal  gov- 
ernments may  be  divided  roughly  into  two  classes.  Of 
the  first  class  are  those  which,  being  considered  gener- 
ally useful,  are  furnished  free  and  paid  for  by  public 
taxation.  In  this  way,  nearly  all  the  city  governments 
of  Illinois  manage  their  sewerage  systems,  maintain 
public  parks,  and  care  for  the  cleaning  and  lighting  of 
streets.  In  the  second  class  are  those  services  for 
which  the  city  is  paid  by  those  who  make  use  of  them. 
Thus  a  large  majority  of  the  city  governments  of  Illi- 
nois own  water  works,  but  the  private  consumer  usually 
pays  for  what  he  uses.  It  is  also  proposed  that  city 
governments  should  be  given  the  right  to  furnish  elec- 
tric lights  to  private  consumers  who  are  willing  to  pay 
for  them.  Under  the  so-called  Miiller  law  of  1903,  a 
city  government  may  even  under  certain  conditions  own 
and  operate  a  street  railway  system.2 

The  question  of  private  or  public  ownership  of  pub- 
lic utilities  will  certainly  be  much  discussed  in  future 
years.  If  in  any  given  case,  people  are  convinced  that 
a  particular  kind  of  business  will  be  better  managed,  in 

1Maltbie,  "Municipal  Functions"  (in  Municipal  Affairs,  II.). 

*  M.  N.  Baker,  Municipal  Year  Book;  Bemis,  Municipal  Mo- 
nopolies, especially  chs.  i,  7  and  pp.  281-285 ;  Hurd,  Revised 
Statutes,  ch.  24,  esp.  §§  254-27oq,  280-282,  655-660. 


The  Economic  Services  of  the  State          189 

the  interest  of  the  whole  community,  by  public  rather 
than  by  private  ownership,  they  will  probably  not  hesi- 
tate to  have  their  city  governments  undertake  it,  even 
though  such  a  measure  may  be  called  socialistic.  Con- 
servative people,  however,  have  the  right  to  demand 
substantial  reasons  for  believing  that  there  will  be  a 
real  improvement  of  the  service.  One  of  the  great 
objections  now  made  to  public  ownership  is  that  city 
affairs  are  so  much  in  the  hands  of  professional  poli- 
ticians that  they  are  not  likely  to  be  managed  on  sound 
business  principles.  Civil  service  reform  or  the  merit 
system  in  city  appointments  is  therefore  necessary  if 
municipal  governments  are  to  undertake  these  new  and 
difficult  responsibilities. 


CHAPTER  XIV 

PUBLIC  EDUCATION 


Education 
as  the  safe- 
guard of 
popular 
government 


69.    REFERENCES 

Hart,  Actual  Government,  ch.  28  (gives  a  good  bibliography 
of  public  education  in  the  United  States)  ;  Boone,  Education  in 
the  United  States;  Dexter,  History  of  Education  in  the  United 
States;  Willard,  "A  Brjef  History  of  Education  in  Illinois"  (in 
Report  of  Superintendent  of  Public  Instruction,  1883-1884)  ; 
Pillsbury,  articles  in  Biennial  Reports  of  the  Superintendent  of 
Public  Instruction  as  follows  :  "Sketch  of  the  Permanent  School 
Funds  of  Illinois"  (i4th  Report)  ;  "Early  Education  in  Illinois" 
(i6th  Report)  ;  and  "Historical  Sketch  of  the  State  Normal 
Universities  and  the  University  of  Illinois"  (i7th  Report)  ; 
Clark,  The  Public  Schools  of  Chicago. 

Documents  :  U.  S.  Commissioner  of  Education,  Reports  ; 
Hurd,  Revised  Statutes  of  Illinois,  ch.  122;  [Illinois]  Depart- 
ment of  Public  Instruction,  The  Illinois  School  Law,  1889-1901  ; 
Bateman  and  Pillsbury,  School  Laws  and  Common  School  De- 
cisions of  the  State  of  Illinois  (ed.  1889)  ;  Superintendent  of 
Public  Instruction,  Biennial  Reports  ;  Chicago  Educational  Com- 
mission, Report,  1899;  Chicago  Board  of  Education,  Annual  Re- 
ports, especially 


70.    REASONS  FOR  PUBLIC  EDUCATION 

Though  the  duty  of  the  State  to  provide  free  public 
schools  is  now  generally  recognized,  it  has  not  always 
been  so.  Even  to-day  some  men  consider  that  the  edu- 
cation of  children  should  be  a  purely  private  affair,  that 
no  man  ought  to  be  taxed  in  order  to  help  educate  the 
children  of  his  neighbors.  It  is  therefore  desirable  to 
understand,  at  the  outset,  why  it  is  that  education  is 

190 


Public  Education  191 

regarded  as  a  public  rather  than  a  purely  private  inter- 
est. One  of  the  best  answers  to  this  question  was  given 
in  the  well-known  Ordinance  of  1787.  "Religion,  mor- 
ality and  knowledge  being  necessary  to  good  govern- 
ment and  the  happiness  of  mankind,  schools  and  the 
means  of  education  shall  forever  be  encouraged."1  The 
first  reason  implied  in  this  statement  is  that  education 
is  necessary  to  make  men  good  citizens.  In  an  abso- 
lute monarchy,  it  may  be  less  necessary  that  men  should 
be  generally  educated,  but  in  a  republic,  where  the 
people  instead  of  being  subjects  have  the  sovereign 
power  in  their  own  hands,  government  cannot  be  safe 
without  a  large  body  of  citizens  who  are  intelligent  as 
well  as  patriotic.  This  principle  was  recognized  even 
when,  as  in  1787,  the  right  to  vote  and  hold  office  was 
given  only  to  that  part  of  the  population  which  had 
special  advantages  of  property  and  education.  It  is 
more  than  ever  important  to-day  in  a  State  like  Illinois 
where  the  government  is  purely  democratic. 

There  is,  however,  another  reason  why  the  State  Public  edu- 
should  undertake  this  work  of  education.     It  is  reason-  cation  **  a 

cooperative 

able  to  educate  children  for  better  service  of  the  State,  enterprise. 
but  after  all  the  State  is  only  an  agency  for  promoting 
the  welfare  of  the  people.  So  it  may  be  said  that  chil- 
dren should  be  educated  not  only  that  they  may  be  good 
citizens,  but  also  that  as  men  and  women  they  may 
make  the  most  of  all  their  powers.  This  work  may  be 
.done  by  individuals,  by  churches,  and  by  other  private 
institutions,  but  in  Illinois  it  is  largely  done  by  the 
State,  because  that  is  the  agency  through  which  the 
great  mass  of  the  people  can  best  cooperate  for  the  ben- 
efit of  their  children. 

1  Ordinance  of  1787,  Art.  III.  of  the  Compact. 


192 


Government  of  Illinois 


Early 

Federal 

legislation. 


Early  State 
legislation. 


71.     GROWTH  OF  THE  SCHOOL  SYSTEM 

The  history  of  the  public  school  system  of  Illinois 
begins  more  than  thirty  years  before  the  State  was  ad- 
mitted to  the  Union.  In  1785,  the  Congress  of  the  old 
Confederation  passed  an  ordinance  establishing  for  the 
Northwest  Territory  the  present  system  of  land  surveys 
by  townships  six  miles  square.  This  ordinance  pro- 
vided that  section  16,  or  one  thirty-sixth  part  of  each 
township,  should  always  be  set  apart  for  maintaining 
public  schools  within  that  township.1  In  1818,  Con- 
gress gave  these  lands  to  the  new  State  for  the  same 
purpose,  and  also  promised  three  per  cent,  of  the  net 
proceeds  of  all  public  lands  sold  in  Illinois  after  Janu- 
ary i,  1819,  to  be  appropriated  by  the  legislature  of  the. 
State  for  the  encouragement  of  learning.  Thus  Illi- 
nois owes  the  beginning  of  its  public  school  system  to 
the  generous  action  of  the  Federal  Congress.2 

Many  years  passed  before  much  practical  use  was 
made  of  these  provisions.  A  very  liberal  law  of  1825 
provided  for  a  system  of  free  schools  which  might  be 
supported  partly  by  public  taxation,  but  the  people  were 
not  yet  ready  to  be  taxed  for  this  purpose  and  this  pro- 
vision was  soon  repealed.3  A  few  years  later,  however, 
the  school  lands  of  various  townships  began  to  be  sold 
for  the  purpose  of  maintaining  public  schools.  The 
first  free  public  school  in  Illinois  was  probably  founded 
in  Chicago  about  1834.  As  a  result  of  constant  agita- 
tion by  those  who  believed  in  public  education,  some 

1  Text  of  the  ordinance  in  Hart  and  Channing,  American  His- 
tory Leaflets,  No.  32. 

1  Text  of  the  enabling  act  in  Appendix  B,  §  81. 

8  Laws  of  Illinois,  1825,  121-128;  Pillsbury,  Early  Education 
in  Illinois  (i6th  Biennial  Report  of  Superintendent  of  Public 
Instruction). 


Public  Education  193 

important  progress  was  made  during  the  next  few 
years.  Provision  was  made  for  school  township  and 
school  district  officers.  County  superintendents  of 
schools  were  also  provided  for  and  the  secretary  of 
state  was  made  ex-officio  State  superintendent.  The 
school  districts  were  again  given  the  right  to  lay  school 
taxes,  though  at  first  only  in  a  very  limited  way. 

In  1854,  the  office  of  Superintendent  of  Public  In-  The  School 
struction  was  separated  from  that  of  secretary  of  state   ^  ^J855 
and  in  1855  a  general  school  law  was  passed  which  is   constitution 
generally  regarded  as  "the  foundation  of  our  present  sys-  of  l870' 
tern.     The  new  law  provided  for  free  schools  in  every 
district,  supported  by  local  taxation,  but  aided  also  by 
the  State  school  funds.     So  far,  the  school  system  of 
the  State  was  provided  for  only  by  acts  of  the  legisla- 
ture; but  in  1870,  the  new  constitution  recognized  the 
responsibility  of  the  State  by  requiring  the  general  as- 
sembly to  "provide  a  thorough  and  efficient  system  of 
public  schools  whereby  the  children  of  this  State  may 
receive  a  good  common  school  education."1 

72.     PRINCIPLES  OF  THE  SCHOOL  SYSTEM 

In  studying  the  school  system  of  to-day,  a  few  funda-  Education 
mental  principles  ought  to  be  kept  constantly  in  mind :  ^Lw6 

I.  Since  education  is  one  of  the  most  important 
functions  of  government,  it  must  be  regulated  by  law. 
Those  who  have  in  charge  the  teaching  and  manage- 
ment of  the  public  schools  are  public  officers  and  their 
powers  and  duties  are  prescribed  for  them  by  the  law, 
sometimes  in  great  detail.  The  State  does  not,  how- 
ever, take  the  work  of  education  exclusively  into  its 

1  Pillsbury,  Early  Education  in  Illinois;  Laws,  1854,  I3-I5  > 
,  51-91 ;  Constitution  of  Illinois,  1870,  Art.  VIII. 
13 


194  Government  of  Illinois 

own  hand.  Side  by  side  with  the  public  school  system, 
there  are  private  schools  of  every  grade  from  the  kin- 
dergarten to  the  university.  The  churches  have  been 
particularly  active  in  this  work.  Thus  the  Catholic  and 
Lutheran  churches  have  established  parochial  schools, 
and  universities  and  colleges  have  been  founded  by  the 
efforts  of  various  religious  denominations.  There  is 
some  dispute  as  to  just  how  far  the  State  may  regulate 
such  private  institutions;  but  the  more  important  pri- 
vate schools  and  colleges  are  required  to  make  formal 
reports  to  the  State  Superintendent.1 

Free  educa-  2.  The  constitution  requires  a  school  system  "where- 
to°aii°ff€  ky  M  children  of  this  State  may  receive  a  good  com- 
mon school  education."2  The  school  board  in  every 
district  must  keep  a  sufficient  number  of  free  schools  to 
accommodate  all  the  children  in  the  district  and  "secure 
to  all  such  children  the  right  and  opportunity  to  an 
equal  education  in  such  schools."  In  the  country  dis- 
tricts, schools  must  be  kept  open  for  at  least  no  days 
in  each  year  and  in  the  more  populous  districts  for  at 
least  six  months.3  In  1900,  there  were  only  32  districts 
out  of  nearly  twelve  thousand  in  the  State  in  which 
there  were  no  free  schools,  and  about  a  hundred  more 
in  which  a  school  was  not  kept  for  at  least  six  months.4 
Compulsory  3.  The  compulsory  education  law  provides  that  those 
who  are  given  this  opportunity  of  free  education  shall 

1Hurd,  Revised  Statutes,  ch.  122,  §  5;  Biennial  Reports  of 
Superintendent  of  Public  Instruction. 

'  Constitution  of  Illinois,  1870,  Art.  VIII.  §  I. 

8  Kurd,  Revised  Statutes,  ch.  122,  §§  146,  166. 

*  Biennial  Report  of  State  Superintendent,  1902,  271.  In  the 
crowded  districts  of  Chicago  and  in  the  sparsely  settled  rural 
districts,  there  is  often  difficulty  in  providing  suitable  and  equal 
accommodations.  Ibid.,  50-53  ;  Report  of  the  Educational  Com- 
mission (Chicago),  Art.  XVIII. 


Public  Education  195 

be  required  to  make  use  of  it.  All  children  between  the 
ages  of  seven  and  fourteen  years,  who  are  not  phys- 
ically or  mentally  unfitted,  must  now  be  kept  in  school 
at  least  no  days  in  each  year.  Penalties  are  imposed 
upon  parents  who  fail  to  see  that  this  is  done  and  truant 
officers  may  be  appointed  by  school  boards  to  see  that 
the  law  is  enforced.1  There  is  a  close  connection  be- 
tween this  rule  of  compulsory  education  and  the  law 
which  prohibits  the  employment  in  factories  of  children 
between  these  same  ages  of  seven  and  fourteen.  Both 
of  these  laws  have  been  found  difficult  to  enforce,  partly 
because  it  is  not  easy  to  prevent  false  statements  by 
parents  as  to  children's  ages.  The  Chicago  School  Re- 
port for  1901  showed  that  the  proportion  of  children 
actually  in  school  to  the  total  number  of  children  of 
school  age  was  considerably  less  in  1900  than  in  1892. 
There  has  recently  been  established,  however,  in  Chi- 
cago, a  Compulsory  Education  Department  with  a  su- 
perintendent and  a  number  of  truant  officers.  This  de- 
partment,  cooperating  with  the  State  factory  inspectors, 
has  done  a  good  service  by  placing  in  school  children 
who  had  been  kept  out  either  by  their  own  willfulness 
or  the  neglect  of  their  parents.  For  children  who  can- 
not be  properly  managed  in  the  ordinary  day  school,  the 
city  has  established  a  Parental  School,  where  they  can 
have  special  training  to  prevent  their  drifting  into  the 
criminal  or  vicious  class.  Similar  parental  or  truant 
schools  may  be  established  in  other  cities  of  twenty-five 
thousand  or  more  inhabitants.2 

1  Kurd,  Revised  Statutes,  ch.  122,  §§  313-318. 

2  Chicago  School  Report,  1900 ;  1901,  45-52,  113-114 ;  Report  of 
the  Educational  Commission  (Chicago),  Art.  XIV.;  Hurd,  Re- 
vised Statutes,  ch.  122,  §§  433-444.     Cf.  message  of  Governor 
Yates,  Jan.  7,  1903. 


196 


Government  of  Illinois 


Public 
schools  sup- 
ported by 
public 
taxation. 


School 
funds  clas- 
sified. 


Township 
fund. 


4.  Since  education  is  a  public  business,  the  cost  must 
be  met  by  taxes,  paid  by  all  who  are  tax-payers  at  all, 
whether  they  have  children  in  the  public  schools  or  not. 
These  taxes  now  make  up  by  far  the  larger  part  of  the 
income  of  the  public  schools  and  are  of  two  kinds,  the 
district  tax  and  the  State  tax.  The  school  board  in 
each  district  has  the  right  to  levy  taxes  for  school  pur- 
poses which  are  included  with  other  State  and  local 
charges  in  the  total  annual  payment  which  each  tax- 
payer has  to  make.  Nearly  nine-tenths  of  the  public 
money  spent  by  the  school  districts  is  raised  by  this  dis- 
trict tax.  The  State  also  levies  an  annual  school  tax  of 
one  million  dollars,  which  is  finally  distributed  to  the 
districts  in  proportion  to  population  under  twenty-one 
years  of  age.  Thus  the  richer  districts  contribute  some- 
thing toward  the  needs  of  the  more  backward  parts  of 
the  State.1  Besides  this  special  tax  for  the  local  schools, 
the  general  assembly  also  makes  large  appropriations 
for  the  support  of  State  educational  institutions  includ- 
ing the  normal  schools  and  the  State  University. 

73.    THE  SCHOOL  FUNDS 

Though  the  present  needs  of  the  schools  must  be  met 
mainly  by  the  tax-payers  of  to-day,  there  are  some  per- 
manent funds  which  have  had  an  important  influence 
on  the  development  of  the  school  system.  These  funds 
are  of  two  classes,  those  for  the  support  of  common 
schools  and  those  for  higher  education. 

Of  the  permanent  funds  for  the  support  of  common 
schools,  by  far  the  largest  is  the  township  fund.  This 
fund  was  provided  for  by  Congress  when  it  set  apart 
the  sixteenth  section  of  every  township  for  the  support 

1  Kurd,  Revised  Statutes,  ch.  122,  §§  232-241 ;  Bateman  and 
Pillsbury,  School  Laws  and  Decisions,  234. 


Public  Education  197 

of  schools  in  that  township.  The  law  requires  that 
only  the  income  of  this  fund  shall  be  spent  from  year  to 
year.  Some  of  these  lands  are  still  held  by  the  school 
authorities  and  rents  are  received  for  them.  Chicago 
has  sixteenth-section  lands  worth  several  millions  of 
dollars  and  producing  a  large  income  for  school  pur- 
poses. Outside  of  Chicago,  however,  nearly  all  of 
these  lands  have  been  sold  and  the  principal  invested  in 
various  ways.  These  funds  are  held  by  the  school 
township  treasurers  (in  Chicago  by  the  city  treasurer), 
and  the  income  is  distributed  every  year  to  the  various 
districts  in  proportion  to  the  number  of  children.  The 
total  value  of  this  fund  was  estimated  in  1900  at  over 
fifteen  millions  of  dollars,  much  the  larger  part  of  this 
amount  being  in  Cook  county.1 

Next  in  importance  to  the  township  fund  is  the  State  state  school 
school  fund,  which  goes  back  to  the  enabling  act  of  f 
1818.  Congress  then  granted  to  the  new  State  three 
per  cent,  of  the  proceeds  of  all  public  lands  sold  in  Illi- 
nois. One-sixth  of  this  amount  was  to  be  given  to  a 
college  or  university,  but  the  rest  has  been  reserved  for 
the  common  schools.2  In  1837,  this  fund  was  increased 
by  adding  a  part  of  the  money  received  by  the  State 
under  the  congressional  act  of  1836,  distributing  the 
surplus  revenue  among  the  States.  The  whole  fund 
now  amounts  to  about  one  million  dollars.  The  prin- 
cipal has  been  borrowed  by  the  State  and  spent  for 
other  objects,  but  in  return  the  State  has  pledged  itself 

1  Pillsbury,  Sketch  of  the  Permanent  Public  School  Funds  of 
Illinois  (i4th  Biennial  Report  of  Superintendent  of  Public  In- 
struction) ;  Bateman  and  Pillsbury,  School  Laws  and  Decisions, 
24;  Biennial  Report  of  the  Superintendent  of  Public  Instruc- 
tion, 1900,  24,  250-252. 

2  Text  of  Enabling  Act  in  Appendix ;  Pillsbury,  Sketch  of  the 
Permanent  Public  School  Funds. 


198 


Government  of  Illinois 


County 
funds. 


Federal 
grants  for 
higher 
education. 


to  pay  interest  at  six  per  cent,  for  the  use  of  schools. 
This  annual  interest  is  then  distributed  to  the  various 
counties  and  finally  through  the  township  treasurers  to 
the  school  boards  to  help  maintain  the  local  schools.1 

Besides  the  State  and  township  funds,  a  majority  of 
the  counties  have  County  School  Funds.  These,  how- 
ever, are  of  comparatively  slight  importance.2 

The  State  also  holds  three  funds  for  the  support  of 
higher  education,  all  received  originally  from  the 
United  States  government.  The  Seminary  fund  comes 
from  the  sale  of  two  townships  granted  by  Congress  in 
1804  and  1818  for  "a  seminary  of  learning."  The  Col- 
lege fund  was  founded  by  the  congressional  grant  made 
in  1818  of  one-half  of  one  per  cent,  of  the  proceeds  of 
public  land  sales  within  the  State.  The  interest  on 
these  funds,  which  were  also  borrowed  by  the  State,  is 
now  divided  between  the  two  older  normal  schools.3 
The  most  important  State  fund  for  higher  education  is 
that  of  the  University  of  Illinois,  which  originated 
in  an  act  of  Congress  passed  July  2,  1862,  making 
large  grants  of  land  to  Illinois  and  the  other  loyal 
States  of  the  Union,  for  the  purpose  of  founding  col- 
leges in  which  the  "leading  object"  should  be  "to  teach 
such  branches  of  education  as  are  related  to  agriculture 
and  the  mechanic  arts."  The  principal  of  this  fund 
now  amounts  to  over  six  hundred  thousand  dollars  and 
though  much  of  it  was  afterwards  lost,  the  State  has 

1  Kurd,  Revised  Statutes,  ch.  122,  §§  232-241 ;  Biennial  Report 
of  the  Superintendent  of  Public  Instruction,  1900,  24. 

2  Biennial  Report  of  the  State  Superintendent  of  Public  in- 
struction, 1900,  24;  Bateman  and  Pillsbury,  School  Laws  and 
Decisions,  201.     The  schools  also  receive  a  small  amount  of 
money  each  year  from  fines  and  forfeitures.    Illinois  School 
Report,  1900,  1 6 

B  Pillsbury,  Sketch  of  the  Permanent  School  Funds. 


Public  Education  199 

complied  with  the  conditions  of  the  original  grant  by 
agreeing  to  pay  interest  on  the  fund  regularly  at  five 
per  cent.  This  endowment  was  increased  by  an  act 
of  congress  in  iScp.1 

Thus  it  will  be  seen  that  though  the  later  develop- 
ment of  the  school  system  has  been  mainly  the  result 
of  taxes  voluntarily  imposed  by  the  people  of  the  State 
upon  themselves,  much  is  also  due  to  the  encourage- 
ment given,  especially  in  the  earlier  years,  by  the  Fed- 
eral government. 

74.    LOCAL  SCHOOL  ADMINISTRATION 

The  most  convenient  starting  point  for  studying  the  School 
organization  of  the  present  school  system  is  the  school  townshlP«- 
township.  This  local  authority  was  first  provided  for 
in  order  to  secure  the  proper  use  of  the  school  lands 
and  the  money  which  came  from  their  sale  and  it  is  still 
kept  up  in  all  of  the  State  except  Chicago  and  a  few 
other  districts  organized  under  special  laws.  In  each 
school  township,  there  are  three  trustees  chosen  by  the 
people  and  these  in  turn  choose  a  township  treas- 
urer. The  legal  title  of  all  school  property  in  the 
township  is  in  the  hands  of  these  trustees,  and  all 
school  funds  expended  within  the  township  pass 
through  the  hands  of  the  township  treasurer.2 

For  the  actual  management  of  schools,  the  township   School 
is  subdivided  into  school  districts.     In  each  district  there  dlstncts- 
is  a  school  board,  whose  duty  it  is  to  provide  school 
houses,  employ  teachers,  and  do  whatever  else  is  neces- 
sary to  maintain  public  schools.     For  these  purposes, 
each  district  receives  from  the  township  treasurer  its 

1  Pillsbury,  Sketch  of  the  Permanent  School  Funds;  Univer- 
sity of  Illinois,  Catalog,  1902-3;  U.  S.  Statutes  at  Large,  XII. 
503-505;  XXVI.  417-419. 

3  Hurd,  Revised  Statutes,  ch.  122,  §§  30-98. 


2OO  Government  of  Illinois 

share  of  the  school  fund  and  the  board  has  also  the  right 
to  levy  the  district  school  tax.  The  organization  of 
these  boards  varies  somewhat  in  different  districts. 
Leaving  out  some  districts  organized  before  1870  under 
special  laws,  the  general  law  now  recognizes  three  kinds 
of  school  boards.  In  districts,  having  less  than  a 
thousand  people  there  are  three  directors  chosen  by  the 
people.1  When  the  district  has  a  thousand  or  more 
inhabitants,  there  is  a  Board  of  Education,  consisting 
of  a  President  and  six  or  more  other  members  also 
elected  by  the  people.  This  Board  of  Education  has 
somewhat  larger  powers  than  the  school  directors  and 
may  appoint  a  school  superintendent.  Chicago  has  a 
Board  of  Education  consisting  of  twenty-one  members 
appointed  by  the  mayor.  The  Chicago  school  board 
does  not  have  the  power  to  levy  school  taxes  like  the 
other  district  boards.  School  expenses  there  are  paid 
partly  from  the  permanent  funds  and  partly  from 
school  taxes  levied  by  the  city  council.  All  school 
funds  are  held  by  the  city  treasurer.2 

The  range          The  character  of  the  schools  maintained  by  these 

'thooi'1"         various  school  districts  depends  very  much  upon  their 

work.  population,  their  wealth,  and  their  public  spirit.     In 

the  small  country  schools,  only  very  elementary  subjects 

can  be  taught ;  pupils  cannot  be  divided  into  classes  or 

grades  and  it  is  hard  to  keep  good  teachers.     In  larger 

places,  pupils  are  grouped  in  grades  and  high  schools 

are  added,  though  at  first  the  right  of  the  school  board 

to    spend    money    for    high    schools    was    considered 

doubtful.3     When  the  people  of  a  single  district  cannot 

1Hurd,  Revised  Statutes,  ch.  122,  §§  121-156. 
"Ibid.,  §§  157-184!}.     Cf.  The  Illinois  School  Law,  137  ("In- 
terpretations")- 
s  Bateman  and  Pillsbury,  School  Laws  and  Decisions,  g. 


Public  Education  201 

establish  a  satisfactory  high  school,  a  township  high 
school  may  be  organized.1  In  Chicago  and  some  other 
cities  the  school  boards  have  gone  farther  and  organ- 
ized schools  for  the  training  of  teachers. 

The  work  of  the  public  schools  is  being  almost  con-  Recent 
stantly  extended.  The  people  of  any  school  district  extensions- 
may  now  establish  public  kindergartens  and  this  has 
actually  been  done,  as  for  example,  in  Chicago.  In 
Chicago  there  are  also  night  schools  for  those  who  have 
not  had  the  advantage  of  ordinary  day  schools,  and 
special  arrangements  for  the  deaf  and  blind  and  for 
crippled  children.  For  otherwise  unmanageable  chil- 
dren there  is  a  Parental  School;  and  in  the  House  of 
Correction,  there  is  a  school  for  the  younger  prisoners. 
All  of  these  special  schools  in  Chicago  are  under  the 
direction  of  the  Board  of  Education.2 

In  the  larger  cities  and  towns,  the  school  business  is  The  superin- 
so  important  that  a  strong  executive  officer  is  needed  *efdef*  of 

0  schools. 

to  supervise  the  whole.  This  power  is  generally  given 
to  the  superintendent  of  schools.  There  is  some  differ- 
ence of  opinion  about  the  powers  which  the  school 
board  ought  to  keep  to  itself  and  those  which  ought  to 
be  trusted  to  the  superintendent.  This  has  been  a 
particularly  important  question  in  Chicago  and  the 
tendency  recently  has  been  to  strengthen  the  power  of 
the  superintendent.3 

Though  the  success  of  the  schools  depends  mainly  The  county 
on  the  public  spirit  of  the  people  in  each  district,  these  suPerintend- 
local  authorities  are  not  wholly  independent.  Local 

1  Hurd,  Revised  Statutes,  ch.  122,  §§  67-69 ;  Superintendent  of 
Public  Instruction,  24th  Biennial  Report,  18. 

"Chicago  School  Reports,  esp.  Report  for  1901,  and  Revised 
Statutes,  ch.  122,  §§  414,  415. 

8  Chicago  School  Report,  1901,  n;  Report  of  the  Educational 
Commission,  Arts.  I.,  III. 


202  Government  of  Illinois 

officers  must  not  only  conform  to  the  general  school 
law,  but  they  are  also  subject  to  some  supervision  by 
higher  authorities.  Next  above  the  district  and  town- 
ship officers  stands  the  county  superintendent.  This 
officer  is  elected  by  the  people  of  each  county  once  every 
four  years.  He  may  be  removed  by  the  county  board 
for  clear  neglect  of  duty  and  in  small  counties  the  board 
may  limit  the  number  of  days'  service  for  which  he  may 
be  paid.  In  general,  however,  he  may  act  independent- 
ly of  them.1  The  county  superintendent  has,  first, 
important  financial  duties.  He  examines  the  accounts 
of  the  school  township  treasurer  and  distributes  State 
and  county  funds  among  the  townships.  He  also 
supervises  district  officers  and  teachers  and  may  even, 
in  case  of  extreme  neglect  of  duty,  remove  a  school 
director.  He  is  the  official  adviser  of  all  school  officers 
within  the  county  and  must  inspect  all  the  schools  at 
least  once  a  year.  Finally,  he  holds  examinations  for 
teachers'  certificates  and  no  one  may  teach  in  the  public 
schools  without  a  certificate  either  from  him  or  from 
the  State  superintendent.  This  office  of  county  super- 
intendent has  been  in  the  past  and  is  still  one  of  the 
most  important  agencies  for  the  improvement  of  the 
public  schools. 

75.     STATE  EDUCATIONAL  INSTITUTIONS.     THE  STATE 
SUPERINTENDENT 

Above  all  these  local  school  authorities  stands  the 
State  government,  which  also  has  an  important  part  in 
the  work  of  education.  It  undertakes,  first,  to  com- 
plete the  school  system  by  adding  to  the  local  schools 
institutions  for  advanced  education.  In  order  to  train 

1Hurd,  Revised  Statutes,  ch.  122,  §§  7-29;  Bateman  and  Pills- 
bury,  School  Laws  and  Decisions,  30,  198. 


Public  Education  203 

teachers  for  service  in  the  public  schools,  five  normal 
schools  have  been  established.  The  oldest  of  these  was 
founded  at  Normal  in  1857  an<^  f°ur  others  have  since 
been  established  in  different  parts  of  the  State.1 

At  the  head  of  the  State  school  system  is  the  Univer-  The  State 
sity  of  Illinois  at  Urbana.  Though  the  movement  for  Umverslty- 
a  State  college  or  university  began  very  early,  the  first 
important  step  toward  the  actual  founding  of  a  State 
university  was  taken  in  1862.  Congress  then  made 
large  grants  of  public  lands  to  the  States  for  the  pur- 
pose of  founding  colleges  which  should  give  special 
attention  to  agriculture  and  the  "mechanic  arts," 
though  other  subjects  might  also  be  taught.  Illinois 
accepted  this  grant  and  in  1867  chartered  the  Illinois 
Industrial  University.  The  State  has  since  made  gen- 
erous provision  for  liberal  as  well  as  technical  education 
and  in  1885  the  name  was  changed  to  the  University  of 
Illinois.  Various  professional  schools  have  since  been 
added.  The  University  Board  of  Trustees  consists  of 
the  Governor,  the  President  of  the  State  Board  of 
Agriculture,  the  State  Superintendent  of  Public  In- 
struction, and  nine  other  members  elected  by  the  peo- 
ple.2 

The  supervision  of  all  the  varied  educational  interests   The  State 
of  Illinois  is  now  entrusted  to  the  State  Superintendent  suPenntend- 
of  Public  Instruction.     He  does  not  have  as  much 

1  Pillsbury,  Historical  Sketch  in  Biennial  Report  of  the  Su- 
perintendent of  Public  Instruction,  1888.     The  later  schools  are 
located  at  Carbondale,  Charleston,  DeKalb,  and  Macomb. 

2  U.  S.  Statutes  at  Large,  XII.  503-505 ;  Pillsbury,  Historical 
Sketch  in  Biennial  Report  of  the  Superintendent  of  Public  In- 
struction, 1888;  Laws,  1867,  123-129;  University  of  Illinois,  Re- 
ports and  Annual  Catalog.     In  order  to  appreciate  the  variety 
of  these  educational  institutions,  the  State  schools  for  defectives 
should  not  be  forgotten.    See  ch.  12. 


204  Government  of  Illinois 

power  as  similar  officers  in  some  other  States,  but  still 
enough  to  give  him  real  influence  on  the  growth  of  the 
•  school  system.  The  county  superintendents  are  re- 
quired to  present  to  him  every  year  elaborate  financial 
and  statistical  reports  and  those  who  fail  to  do  so  may 
be  punished  by  losing  their  share  of  the  State  school 
fund.  He  may  also  do  something  to  stimulate  good 
teachers  by  holding  examinations  for  State  teachers' 
certificates.  Finally,  the  superintendent  makes  general 
rules  for  the  better  enforcement  of  the  school  law  and 
is  the  official  adviser,  especially  on  questions  of  school 
law,  of  the  local  school  officers.1 

76.     PUBLIC  LIBRARIES 

Probably  the  most  useful  educational  institutions  of 
Illinois,  next  to  the  public  schools,  are  its  public  libra- 
ries. Two  important  libraries,  the  State  Library  and 
the  State  Historical  Library  are  maintained  by  the  State 
in  the  Capitol2  at  Springfield.  Still  more  important  are 

1Hurd,  Revised  Statutes,  ch.  122,  §§  1-6,  186;  Bateman  and 
Pillsbury,  School  Laws  and  Decisions,  16.  The  State  Superin- 
tendent is  also  trustee  of  some  State  educational  institutions,  as, 
for  example,  the  University  of  Illinois;  and  is  required  to  visit 
and  report  upon  those  charitable  institutions  which  have  an 
educational  character. 

Besides  maintaining  schools  of  various  grades,  the  State  ex- 
ercises an  important  educational  influence  by  establishing  exam- 
ining boards  of  various  kinds  and  making  their  certificates  nec- 
essary for  those  who  wish  to  engage  in  certain  occupations. 
Thus  young  lawyers  must  take  the  bar  examinations  and  there 
are  similar  examinations  and  certificates  required  of  physicians, 
druggists,  dentists,  architects,  and  engineers.  Though  the  ex- 
aminations may  not  always  be  hard  enough  to  have  much  value, 
they  are  required  on  the  principle  that  special  training  of  some 
sort  is  necessary  to  protect  the  interests  of  the  public.  Hurd, 
Revised  Statutes,  chs.  xoa,  13,  66,  91,  93. 

2  Hurd,  Revised  Statutes,  chs.  I2;c  and  128. 


Public  Education 


205 


* 


with  the 
school. 


the  city  and  village  libraries  to  be  found  in  nearly  every 
part  of  the  State.1  The  council  of  any  incorporated 
city  may  establish  a  public  library  and  support  it  by 
means  of  a  tax,  which  must  not,  however,  be  more  than 
two  mills  on  every  dollar  of  the  property.  Villages 
may  also  establish  libraries  by  vote  of  the  people. 
These  libraries  are  managed  by  boards  of  directors 
which  in  cities  are  appointed  by  the  mayors,  but  in  the 
villages  are  elected  by  the  people.2 

Libraries  are  constantly  being  made  more  accessible  The  coopera- 
te the  people  and  the  librarian  is  doing  more  and  more 
the  work  of  a  public  teacher.3  Even  books  not  used 
by  the  general  reader,  really  serve  his  interest  indirectly 
when  they  are  worked  over  by  students  and  repro- 
duced in  more  or  less  popular  form.  Thus  the  library 
cooperates  with  the  public  school  in  training  men  for 
intelligent  citizenship.4 

JHurd,  Revised  Statutes,  ch.  81. 

"One  interesting  feature  of  public  library  development  in 
America  is  the  voluntary  cooperation  of  private  individuals 
with  the  public  authorities.  Thus  city  libraries,  which  are 
supported  by  taxes  which  everyone  must  pay,  also  receive 
many  voluntary  gifts  in  the  form  of  buildings,  or  money,  or 
the  books  themselves. 

3  It  is  now  understood  that  a  librarian  requires  expert  training 
and  this  is  provided  by  the  State  at  the  University  of  Illinois. 

*  Educational  work  somewhat  similar  to  that  of  public  libra- 
ries is  done  by  the  State  in  encouraging  scientific  investigation 
and  providing  museums  and  laboratories  where  such  work  can 
be  done.  Thus  there  have  been  State  appropriations  for  an 
Agricultural  Experiment  Station,  for  the  State  Laboratory  of 
Natural  History,  and  for  the  State  Museum  of  Natural  History. 
Hurd,  Revised  Statutes,  ch.  I27C.  See  the  appropriation  acts  in 
Laws,  1903. 


APPENDIX   A 

CHRONOLOGICAL  TABLES 

77.     IMPORTANT  HISTORICAL  EVENTS 

(1)  FRENCH  PERIOD — 1673-1763  (1765) 

J6F3.  Joliet  and  Marquette  explore  the  Mississippi  and  Illinois 
rivers.  Beginning  of  Jesuit  missionary  work  in  Illi- 
nois. 

1679-1680.  La  Salle  on  the  Illinois  River.  Fort  Crevecoeur 
built  (1680). 

1683.     Fort  St.  Louis  built  by  La  Salle. 

1700.  Kaskaskia  Mission  on  the  Mississippi  founded.  This 
mission  and  that  of  Cahokia,  founded  about  the  same 
time,  developed  into  the  French  villages  of  the  same 
name. 

1717.  Illinois   annexed   to   Louisiana    under  the  jurisdiction 

of  the  Company  of  the  West. 

1718.  Boisbriant  becomes  commandant  of  the  District  of  Illi- 

nois. 

1720.    Fort  Chartres  on  the  Mississippi  completed. 
1732.    Illinois,  with  the  rest  of  Louisiana,  placed  under  royal 

government. 
1754.    French  and  Indian  War  begins. 

(2)  BRITISH  PERIOD — 1763  (1765) -1778 

1763.     Treaty  of  Paris.     France  cedes  the  Illinois  country  to 

the  British. 

1763-1764.     Pontiac's  conspiracy  prevents   British  occupation. 
1765.     Fort  Chartres  surrendered  to  the  British.     The  Illinois 

country  governed  by  a  British  commandant. 
1775.    American  Revolution  begins. 

(3)     ILLINOIS  A  COUNTY  OF  VIRGINIA — 1778-1784 

1778.  George  Rogers  Clark  conquers  the  Illinois  country  for 
Virginia.  The  Virginia  legislature  creates  the  County 
of  Illinois. 

207 


2o8  Appendix  A 

1779.  Clark's  expedition  against  Vincennes.  John  Todd,  com- 
mandant of  the  Illinois  county,  organizes  government 
under  the  authority  of  Virginia. 

1783.  Treaty  of  Paris.     Great  Britain  recognizes  the  title  of 

the  United  States  to  the  Illinois  country. 

1784.  Virginia   claim   to   the    Northwest,    including   Illinois, 

ceded  to  the  United  States. 

(4)     ILLINOIS  UNDER  TERRITORIAL  GOVERNMENT — 1784-1818 

1784.  First     Congressional     ordinance     for     the     Northwest 

Territory. 

1785.  Massachusetts  claim  to  the    Northwest    surrendered. 

Congress  passes  Grayson's  "Land  Ordinance"  (town 
ship  survey  system). 

1786.  Connecticut  cession. 

1787.  The  ordinance  for  the  government  of  the  Northwest 

Territory  passed.    General  Arthur  St.  Clair  appointed 
governor. 

1788.  The  government  of  the  Northwest  Territory  organized 

at  Marietta. 

1790.     St.  Clair  county  organized  for  the  Illinois  settlements. 
1795.     Wayne's  treaty  with  the  Indians  at  Greenville. 

1799.  First  representative  assembly  of  the  Northwest  Terri- 

tory  (includes  representatives  from  Illinois). 

1800.  The  Northwest  Territory  divided.     Illinois  included  in 

the  new  Territory  of  Indiana.     William  Henry  Har- 
rison appointed  governor. 

1803.  Louisiana    Purchase.    Location    of    Fort   Dearborn   at 

Chicago. 

1804.  United  States  land  office  established  at  Kaskaskia. 

1805.  Representative   government   organized   in  the   Indiana 

Territory. 

1806.  The  Burr  conspiracy. 

1809.  The  Illinois  Territory  (extending  northward  to  Canada) 
organized.  Ninian  Edwards  appointed  governor. 

1811.  Battle  of  Tippecanoe. 

1812.  Representative  government  organized  for  Illinois  Ter- 

ritory.    First  session   of  the   Territorial   Legislature 
at    Kaskaskia.    War    of    1812   begins.    Massacre   of 
Fort  Dearborn  (Chicago). 
1812-1815.    The  War  of  1812. 

1813.  Preemption  Act  for  Illinois. 
1816.    Fort  Dearborn  rebuilt. 


Chronological  Tables  209 

(5)     ILLINOIS  A  FRONTIER  STATE— 1818-1848 

1818.  Enabling  Act  passed  by  Congress  (April).  First  State 
constitution  adopted  (August).  State  of  Illinois  ad- 
mitted to  the  Union  (December). 

1820.     State  capital  transferred  to  Vandalia. 

1822-1824.  The  slavery  controversy  in  Illinois.  Pro-slavery 
resolution  for  a  constitutional  convention  passed  by 
Legislature,  but  defeated  by  popular  vote  (1824). 

1825.     First  general  school  law. 

1831-1832.  Indian  troubles  in  Northern  Illinois.  Black  Hawk 
War. 

1833.     Town  of  Chicago  incorporated. 

1836-1848.     Building  of  the  Illinois  and  Michigan  Canal. 

1837.  Elijah  P.  Lovejoy  murdered  at  Alton  for  publishing 
an  anti-slavery  newspaper.  Internal  improvement 
scheme  passed  by  the  Legislature  (Lincoln  and  Doug- 
las members).  Springfield  made  the  State  capital. 
Chicago  incorporated  as  a  city.  Financial  panic  of 
1837.  First  State  nominating  convention  in  Illinois 
held  by  the  Democratic  party. 

1844-1846.  Mormon  troubles  in  Hancock  county.  Expulsion 
of  the  Mormons. 

1846-1848.     Mexican  War.     Illinois  regiments  engaged. 

1847.  Second  State  constitutional  convention. 

1848.  Second  State  constitution  ratified  by  the  people. 

(6)     ILLINOIS  UNDER  THE  SECOND  CONSTITUTION — 1848-1870 

1849.  Township  organization  law  passed  by  the  Legislature. 

1850.  Congressional  land  grant  for  the  Illinois  Central  Rail- 

road. 

1851.  Illinois  Central  Railroad  Company  incorporated  by  the 

State  (road  built  by  1856). 

1855.  General  education  law. 

1856.  First  Republican  State  convention  in  Illinois. 
1858.    The  Lincoln-Douglas  debates. 

1860.  Abraham  Lincoln  of  Illinois  elected   President  of  the 

United  States. 

1861.  Civil  War  begins.     First  calls  for  volunteers  by  Presi- 

dent  Lincoln   and   Governor   Yates.     Illinois   Demo- 
crats and  Republicans  unite  in  support  of  the  Union. 

1862.  Third   State  constitutional  convention.     Proposed  con- 

stitution   rejected    by   the    people.     Reaction    against 
Republican    policies.     Republicans    defeated    in    elec- 
tions for  Congress  and  the  Legislature. 
14 


2io  Appendix  A 

1863.  State     Legislature     ratifies     the     proposed     thirteenth 

amendment  prohibiting  any  interference  by  the 
Federal  government  with  slavery  in  the  States. 

1864.  Camp  Douglas   conspiracy.     Abraham  Lincoln  of  Illi- 

nois reflected  President  of  the  United  States. 

1865.  Illinois  the  first  State  to  ratify  the  Thirteenth  Amend- 

ment abolishing  slavery.     Repeal  of  the  Black  Code. 

1867.  Illinois  ratifies  the  Fourteenth  Amendment.     The  State 

University  incorporated. 

1868.  Ulysses   S.  Grant  of  Illinois  elected  President  of  the 

United  States. 

1869.  Illinois     ratifies    the    Fifteenth    Amendment.    Fourth 

State  constitutional  convention. 

1870.  Third  State  constitution  ratified  by  the  people. 

(7)     ILLINOIS  UNDER  THE  THIRD  STATE  CONSTITUTION — 1870 

1871.  Great  Chicago  fire.     Governor  Palmer  protests  against 

the  use  of  United  States  troops  to  preserve  order  in 
Chicago. 

1871-1873.  State  railway  legislation.  Board  of  Railroad  and 
Warehouse  Commissioners  created  (1871).  State 
regulation  of  railway  rates. 

1872.  General  incorporation  law  for  cities  and  villages  under 

which  most  of  the  cities  of  the  State,  including 
Chicago  are  now  (1904)  organized.  Ulysses  S. 
Grant  of  Illinois  reflected  President  of  the  United 
States. 

1873.  "The   Panic  of   1873."    State  Farmers'   Convention  at 

Springfield.  The  "Farmers'  Movement"  for  political 
action  restraining  corporate  interests  (1873-1876). 

1877.  Decisions  of  the  United  States  Supreme  Court  (Munn  v. 
Illinois  and  other  cases)  asserting  the  right  of  the 
State  Legislature  to  regulate  railroad  and  warehouse 
charges.  The  State  Board  of  Health  established. 
Appellate  Courts  established. 

1880.    The   Supreme   Court   of   Illinois   affirms  the  constitu- 
tionality of  the  railroad  law  of  1873.     (Illinois  Cen 
tral  Railroad  v.  The  People  of  the  State  of  Illinois, 
95  Illinois  Reports,  313.) 

1883.  Harper  high  license  law  passed. 

1884.  Constitutional     amendment     adopted     authorizing    the 

governor  to  veto  items  in  appropriation  bills. 
1886.     Anarchist    riots    at    Chicago.     Anarchist    leaders    tried 
for  murder  and  convicted. 


Chronological  Tables  211 

1889.  Revision  of  the  school  law.  Compulsory  education 
law  (subsequently  amended). 

1891.  Australian  ballot  system  adopted. 

1892.  New  University  of  Chicago  opened. 

1893.  Columbian  Exposition  at  Chicago. 

1894.  Pullman    and     American     Railway    union    strikes    at 

Chicago.  Governor  Altgeld's  protest  against  Presi- 
dent Cleveland's  use  of  United  States  troops  at 
Chicago. 

1895.  Municipal  civil  service  law  passed  by  the  Legislature 

and  adopted  in  Chicago. 

1896.  Democratic    National    Convention    in    Chicago    adopts 

the  Chicago  Platform  (free  silver). 

1900.     Chicago  Drainage  Canal  opened. 

1903.  Miiller  law  passed  allowing  city  ownership  of  street  rail- 
ways. Constitutional  amendment  submitted  by  the 
Legislature  authorizing  the  consolidation  of  local  gov- 
ernments in  Chicago  (to  be  voted  on  by  the  people  itt 
1904). 


212 


Appendix  A 


78.     GOVERNORS  OF  ILLINOIS,  WITH  PLACES  OF  BIRTH, 
DATES  OF  ACCESSION,  AND  PARTY  AFFILIATIONS 

[See  Blue  Book  of  the  State  of  Illinois,  195,  207-227.] 

I.    TERRITORIAL  GOVERNMENT,  1809-1818. 


NinianEdwards Maryland 


2.     STATE  GOVERNMENT  SINCE  1818. 


Name 

Place  of  Birth 

Party 

Date  of 
Acces- 
sion 

Shadrach  Bond  

Maryland  

Democratic 
Republican 
Democratic 

1818 
1822 

Republican 
Democratic 

1826 

Republican 
Democratic 

1830 

William  L.  D.  Ewing4  
Joseph  Duncan  

Kentucky  
Kentucky  

Republican 
Democrat  
Democrat  

1834 
1834 
1838 

Thomas  Ford  
Augustus  C.  French  
Joel  A.  Matteson  .  
William  H.  Bissell8  
John  Wood4  

Pennsylvania  
New  Hampshire... 
New  York  
New  York  

Democrat  
Democrat  
Democrat  
Republican  

1842 
1846 
1853 
1857 
1860 

Richard  Yates  

Kentucky  

Republican  

1861 
1865 

John  M.  Palmer  
Richard  J.  Oglesby6  
John  L.  Beveridge8  , 
Shelby  M.  Cullom7  
John  M.  Hamilton8  
Richard  J.  Oglesby  
Joseph  W.  Fif  er  
John  P.  Altgeld  
John  R.  Tanner  
Richard  Yates  

Kentucky  
Kentucky  
New  York  
Kentucky  
Ohio  
Kentucky  
Virginia  
Prussia  
Indiana  
Illinois  

Republican...  . 
Republican  
Republican  
Republican  
Republican  
Republican  
Republican  
Democrat  
Republican  
Republican  

1869 
1873 
1873 
1877 
1883 
1885 
1889 
1893 
1897 
1901 

'Resigned  November  17,  1834.  'Acting  Governor.  *Died  March  is. 
1860.  4Elected  as  Lieutenant  Governor.  'Resigned  January  23,  1873. 
'Elected  as  Lieutenant  Governor.  'Resigned  February  6,  1883.  8Elected 
Lieutenant  Governor. 


APPENDIX  B 


HISTORICAL  DOCUMENTS 


79.    THE  NORTHWEST  ORDINANCE,  JULY  13,  1787 


An  Ordinance  for  the  government  of  the  territory  of  the  United 
States  Northwest  of  the  River  Ohio. 

Be  it  ordained  by  the  United  States  in  Congress  Assembled 
that  the  said  territory  for  the  purposes  of  temporary  govern- 
ment be  one  district,  subject  however  to  be  divided  into  two 
districts  as  future  circumstances  may  in  the  opinion  of  Con- 
gress make  it  expedient. 

Be  it  ordained  by  the  authority  aforesaid  that  the  estates 
both  of  resident  and  non  resident  proprietors  in  the  said 
territory  dying  intestate  shall  descend  to  and  be  distributed 
among  their  children  and  the  descendants  of  a  deceased  child 
in  equal  parts ;  the  descendants  of  a  deceased  child  or  grand 
child  to  take  the  share  of  their  deceased  parent  in  equal  parts 
among  them ;  and  where  there  shall  be  no  children  or  descend- 
ants then  in  equal  parts  to  the  next  of  kin  in  equal  degree ;  and 
among  collaterals  the  children  of  a  deceased  brother  or  sister  of 
the  intestate  shall  have  in  equal  parts  among  them  their  de- 
ceased parent's  share  &  there  shall  in  no  case  be  a  distinction 
between  kindred  of  the  whole  &  half  blood ;  saving  in  all  cases 
to  the  widow  of  the  intestate  her  third  part  of  the  real  estate  for 
life,  and  one  third  part  of  the -personal  estate;  and  this  law  rela- 
tive to  descents  and  dower  shall  remain  in  full  force  until  altered 
by  the  legislature  of  the  district.  And  until  the  governor  & 
judges  shall  adopt  laws  as  herein  after  mentioned  estates  in  the 
said  territory  may  be  devised  or  bequeathed  by  wills  in  writing 
signed  and  sealed  by  him  or  her  in  whom  the  estate  may  be, 
being  of  full  age,  and  attested  by  three  witnesses,  and  real  estates 
may  be  conveyed  by  lease  and  release  or  bargain  and  sale 
signed,  sealed  and  delivered  by  the  person,  being  of  full  age  in 
whom  the  estate  may  be  and  attested  by  two  witnesses  provided 
such  wills  be  duly  proved  and  such  conveyances  be  acknowl- 

213 


The  terri- 
tory to  con- 
stitute a 
district. 

Rules  re- 
garding the 
inheritance 
and  transfer 
of  property. 


214 


Appendix  B 


Officers  of 
the  district. 


Adoption 
of  laws. 


Militia 
officers. 


edged  or  the  execution  there  of  duly  proved  and  be  recorded 
within  one  year  after  proper  magistrates,  courts  and  registers 
shall  be  appointed  for  that  purpose  and  personal  property  may 
be  transferred  by  delivery  saving,  however  to  the  french  and 
Canadian  inhabitants  &  other  settlers  of  the  Kaskaskies,  St. 
Vincents  and  the  neighboring  villages  who  have  hereto  fore  pro- 
fessed themselves  citizens  of  Virginia,  their  laws  and  customs 
now  in  force  among  them  relative  to  the  descent  &  conveyance 
of  property 

Be  it  ordained  by  the  authority  aforesaid  that  there  shall 
be  appointed  from  time  to  time  by  Congress  a  governor, 
whose  commission  shall  continue  in  force  for  the  term  of 
three  years,  unless  sooner  revoked  by  Congress;  he  shall 
reside  in  the  district  and  have  a  freehold  estate  therein,  in 
one  thousand  acres  of  land  while  in  the  exercise  of  his  office. 
There  shall  be  appointed,  from  time  to  time  by  Congress  a 
secretary,  whose  commission  shall  continue  in  force  for  four 
years,  unless  sooner  revoked;  he  shall  reside  in  the  district 
and  have  a  freehold  estate  therein  in  five  hundred  acres  of 
land  while  in  the  exercise  of  his  office;  It  shall  be  his  duty 
to  keep  and  preserve  the  acts  and  laws  passed  by  the  legis- 
lature and  the  public  records  of  the  district  and  the  pro- 
ceedings of  the  governor  in  his  executive  department,  and 
transmit  authentic  copies  of  such  acts  &  proceedings  every  six 
months  to  the  Secretary  of  Congress.  There  shall  also  be 
appointed  a  court  to  consist  of  three  judges  any  two  of  whom 
to  form  a  court,  who  shall  have  a  common  law  jurisdiction 
and  reside  in  the  district  and  have  each  therein  a  freehold 
estate  in  five  hundred  acres  of  land  while  in  the  exercise  of 
their  offices,  and  their  commissions  shall  continue  in  force 
during  good  behaviour. 

The  governor,  and  judges  or  a  majority  of  them,  shall 
adopt  and  publish  in  the  district  such  laws  of  the  original 
states  criminal  and  civil  as  may  be  necessary  and  best  suited 
to  the  circumstances  of  the  district  and  report  them  to  Con- 
gress from  time  to  time,  which  laws  shall  be  in  force  in  the 
district  until  the  organization  of  the  general  assembly  therein, 
unless  disapproved  of  by  Congress ;  but  afterwards  the  leg- 
islature shall  have  authority  to  alter  them  as  they  shall  think 
fit. 

The  governor  for  the  time  being  shall  be  commander  in 
chief  of  the  militia,  appoint  and  commission  all  officers  in  the 
same  below  the  rank  of  general  Officers.  All  general  officers 
shall  be  appointed  &  commissioned  by  Congress. 


Historical  Documents 


215 


Previous  to  the  organization  of  the  general  assembly,  the 
governor  shall  appoint  such  magistrates  and  other  civil  officers 
in  each  county  or  township,  as  he  shall  find  necessary  for  the 
preservation  of  the  peace  and  good  order  in  the  same.  After 
the  general  assembly  shall  be  organized,  the  powers  and  duties 
of  magistrates  and  other  civil  officers  shall  be  regulated  and 
defined  by  the  said  assembly ;  but  all  magistrates  and  other  civil 
officers,  not  herein  otherwise  directed  shall  during  the  contin- 
uance of  this  temporary  government  be  appointed  by  the  gov- 
ernor. 

For  the  prevention  of  crimes  and  injuries  the  laws  to  be 
adopted  or  made  shall  have  force  in  all  parts  of  the  district  and 
for  the  execution  of  process  criminal  and  civil,  the  governor 
shall  make  proper  divisions  thereof,  and  he  shall  proceed  from 
time  to  time  as  circumstances  may  require  to  lay  out  the  parts 
of  the  District  in  which  the  indian  titles  shall  have  been  extin- 
guished into  counties  and  townships  subject  however  to  such 
alterations  as  may  thereafter  be  made  by  the  legislature 

So  soon  as  there  shall  be  five  thousand  free  male  inhabitants 
of  full  age  in  the  district  upon  giving  proof  thereof  to  the  gov- 
ernor, they  shall  receive  authority  with  time  and  place  to  elect 
representatives  from  their  counties  or  townships  to  represent 
them  in  the  general  Assembly,  provided  that  for  every  five  hun- 
dred free  male  inhabitants  there  shall  be  one  representative  and 
so  on  progressively  with  the  number  of  free  male  inhabitants 
shall  the  right  of  representation  encrease  until  the  number  of 
representatives  shall  amount  to  twenty-five  after  which  the 
number  and  proportion  of  representatives  shall  be  regulated  by 
the  legislature ;  provided  that  no  person  be  eligible  or  quali- 
fied to  act  as  a  representative  unless  he  shall  have  been  a  citizen 
of  one  of  the  United  States  three  years  and  be  a  resident  in  the 
district  or  unless  he  shall  have  resided  in  the  district  three  years 
and,  in  either  case  shall  likewise  hold  in  his  own  right  in  fee 
simple  two  hundred  acres  of  land  within  the  same ;  provided 
also  that  a  freehold  in  fifty  acres  of  land  in  the  district  having 
been  a  citizen  of  one  of  the  states,  and  being  resident  in  the  dis- 
trict, or  the  like  freehold  and  two  years  residence  in  the  district 
shall  be  necessary  to  qualify  a  man  as  an  elector  of  a  represent- 
ative. 

The  representatives  thus  elected  shall  serve  for  the  term  of 
two  years  and  in  case  of  the  death  of  a  representative  or  re- 
moval from  office,  the  governor  shall  issue  a  writ  to  the  county 
or  township  for  which  he  was  a  member  to  elect  another  in  his 
stead  to  serve  for  the  residue  of  the  term 


Appointment 
of  civil 
officers. 


Subdivi- 
sions of  the 
district. 


Institution 
of  represent- 
ative gov- 
government. 


Tenure  of 
representa- 
tives. 


2l6 


Appendix  B 


Composition 
and  powers 
of  the  gen- 
eral as- 
sembly. 


Oath  of 
office.     Del- 
egate in 
Congress. 


Fundament- 
al principles. 


The  general  Assembly  or  legislature  shall  consist  of  the  gov- 
ernor, legislative  council  and  a  house  of  representatives.  The 
legislative  council  shall  consist  of  five  members  to  continue  in 
Office  five  years  unless  sooner  removed  by  Congress,  any  three 
of  whom  to  be  a  quorum  and  the  members  of  the  council  shall 
be  nominated  and  appointed  in  the  following  manner,  to  wit; 
As  soon  as  representatives  shall  be  elected,  the  governor  shall 
appoint  a  time  &  place  for  them  to  meet  together,  and  when  met 
they  shall  nominate  ten  persons  residents  in  the  district  and 
each  possessed  of  a  freehold  in  five  hundred  acres  of  Land,  and 
return  their  names  to  Congress ;  five  of  whom  Congress  shall 
appoint  &  commission  to  serve  as  aforesaid ;  and  whenever  a 
vacancy  shall  happen  in  the  council  by  death  or  removal  from 
office,  the  house  of  Representatives  shall  nominate  two  persons 
qualified  as  aforesaid,  for  each  vacancy,  and  return  their  names 
to  Congress ;  one  of  whom  Congress  shall  appoint  and  Commis- 
sion for  the  residue  of  the  term ;  and  every  five  years,  four 
Months  at  least  before  the  expiration  of  the  time  of  service  of 
the  Members  of  Council,  the  said  House  shall  nominate  ten 
Persons  qualified  as  aforesaid,  and  return  their  names  to  Con- 
gress, five  of  whom  Congress  shall  appoint  and  Commission  to 
serve  as  Members  of  the  Council  five  years,  unless  sooner  re- 
moved. And  the  governor,  legislative  Council,  and  House  of 
Representatives,  shall  have  authority  to  make  laws  in  all  Cases 
for  the  good  government  of  the  district,  not  repugnant  to  the 
principles  and  Articles  in  this  Ordinance  established  and  de- 
clared. And  all  bills  having  passed  by  a  majority  in  the  House, 
and  by  a  Majority  in  the  Council,  shall  be  referred  to  the  Gov- 
ernor for  his  assent;  but  no  bill,  or  legislative  Act  whatever, 
shall  be  of  any  force  without  his  assent.  The  Governor  shall 
have  power  to  convene,  prorogue,  and  dissolve  the  General  As- 
sembly, when  in  his  opinion,  it  shall  be  expedient — 

The  Governor,  Judges,  Legislative  Council,  Secretary,  and 
such  other  Officers  as  Congress  shall  appoint  in  the  District, 
shall  take  an  Oath  or  Affirmation  of  fidelity,  and  of  Office,  the 
Governor  before  the  President  of  Congress,  and  all  other  Offi- 
cers before  the  Governor.  As  soon  as  a  legislature  shall  be 
formed  in  the  District,  the  Council  and  house  assembled  in  one 
Room,  shall  have  authority  by  joint  ballot  to  elect  a  Delegate  to 
Congress,  who  shall  have  a  seat  in  Congress,  with  a  right  of 
debating,  but  not  of  voting,  during  this  temporary  Govern- 
ment— 

And  for  extending  the  fundamental  principles  of  Civil  and 
religious  liberty,  which  form  the  basis  whereon  these  republics, 


Historical  Documents 


217 


their  laws  and  Constitutions  are  erected ;  to  fix  and  establish 
those  principles  as  the  basis  of  all  laws,  Constitutions  and  Gov- 
ernments, which  forever  hereafter  shall  be  formed  in  the  said 
territory; — to  provide  also  for  the  establishment  of  States,  and 
permanent  Government  therein,  and  for  their  admission  to  a 
Share  in  the  federal  Councils  on  an  equal  footing  with  the  orig- 
inal States,  at  as  early  periods  as  may  be  consistent  with  the 
general  interest — 

It  is  hereby  Ordained  and  declared  by  the  authority  aforesaid,    Articles  of 
That  the  following  Articles  shall  be  considered  as  Articles  of    compact, 
compact  between  the  Original  States  and  the  People  and  States 
in  the  said  territory,  and  forever  remain  unalterable,  unless  by 
common  consent,  to  wit, 

Article  the  First.     No  Person  demeaning  himself  in  a  peace-    Religious 
able  and  orderly  manner  shall  ever  be  molested  on  account  of    liberty. 
his  mode  of  worship  or  religious  sentiments  in  the  said  terri- 
tory— 

Article  the  Second.    The  Inhabitants  of  the  said  territory    Guarantee 
shall  always  be  entitled  to  the  benefits  of  the  writ  of  Habeas    of  personal 
Corpus,  and  of  the  trial  by  Jury ;  of  a  proportionate  representa-    afd  property 
tion  of  the  people  in  the  legislature ;  and  of  judicial  proceedings    rishts- 
according  to  the  course  of  the  common  law;  all  Persons  shall 
be  bailable  unless  for  capital  offences,  where  the  proof  shall  be 
evident  or  the  presumption  great ;  all  Fines  shall  be  moderate, 
and  no  cruel  or  unusual  punishments  shall  be  inflicted ;  no  man 
shall  be  deprived  of  his  liberty  or  property  but  by  the  judgment 
of  his  Peers,  or  the  law  of  the  land ;  and  should  the  Public  ex- 
igencies make  it  necessary  for  the  common  preservation,  to  take 
any  person's  property,  or  to  demand  his  particular  Services,  full 
compensation  shall  be  made  for  the  same, — and,  in  the  just  pres- 
ervation of  rights  and  property  it  is  understood  and  declared, 
that  no  law  ought  ever  to  be  made,  or  have  force  in  the  said  ter- 
ritory, that  shall  in  any  manner  whatever  interfere  with  or 
affect  private  Contracts  or  engagements,  bona  fide  and  without 
fraud  previously  formed 

Article  the  Third.     Religion,  Morality  and  knowledge  being    Education, 
necessary  to  good  Government  and  the  happiness  of  mankind,    Humanity  to 
Schools  and  the  means  of  education  shall  forever  be  encour-   the  Indians. 
aged.     The  utmost  good  faith  shall  always  be  observed  toward 
the  Indians ;  their  lands  and  property  shall  never  be  taken  from 
them  without  their  consent;  and  in  their  property  rights,  and 
liberty,  they  never  shall  be  invaded  or  disturbed,  unless  in  just 
and  lawful  wars  authorized  by  Congress ;  but  laws  founded  in 
justice  and  humanity  shall  from  time  to  time  be  made,  for  pre- 


Appendix  B 


Future  rela- 
tions of  the 
Territory 
with  the 
Union. 


Formation 
of  new 
States. 


venting  wrongs  being  done  to  them,  and  for  preserving  peace 
and  friendship  with  them — 

Article  the  Fourth.  The  said  territory,  and  the  States  which 
may  be  formed  therein,  shall  forever  remain  a  part  of  this  Con- 
federacy of  the  United  States  of  America,  subject  to  the  Articles- 
of  Confederation,  and  to  such  alterations  therein  as  shall  be 
constitutionally  made ;  and  to  all  the  Acts  and  Ordinances  of 
the  United  States  in  Congress  Assembled,  conformable  thereto- 
The  Inhabitants  and  Settlers  in  the  said  territory,  shall  be  sub- 
ject to  pay  a  part  of  the  federal  debts  contracted  or  to  be  con- 
tracted, and  a  proportional  part  of  the  expenses  of  Government, 
to  be  apportioned  on  them  by  Congress,  according  to  the  same 
common  rule  and  measure  by  which  apportionments  thereof 
shall  be  made  on  the  other  States;  and  the  taxes,  for  paying 
their  proportion,  shall  be  laid  and  levied  by  the  authority  and 
direction  of  the  legislatures  of  the  District  or  Districts  or  new 
States,  as  in  the  original  States,  within  the  time  agreed  upon  by 
the  United  States  in  Congress  Assembled.  The  legislatures  of 
those  Districts,  or  new  States,  shall  never  interfere  with  the  pri- 
mary disposal  of  the  Soil  by  the  United  States  in  Congress- 
Assembled,  nor  with  any  regulations  Congress  may  find  neces- 
sary for  securing  the  title  in  such  Soil  to  the  bona  fide  purchas- 
ers. No  tax  shall  be  imposed  on  lands  the  property  of  the 
United  States ;  and  in  no  case  shall  nonResident  proprietors  be 
taxed  higher  than  Residents.  The  navigable  Waters  leading 
into  the  Mississippi  and  St.  Lawrence,  and  the  carrying  places 
between  the  same  shall  be  common  highways,  and  forever  free, 
as  well  to  the  Inhabitants  of  the  said  territory,  as  to  the  Citizens 
of  the  United  States,  and  those  of  any  other  States  that  may  be 
admitted  into  the  Confederacy,  without  any  tax,  impost  or  duty 
therefor — 

Article  the  Fifth.  There  shall  be  formed  in  the  said  territory, 
not  less  than  three  nor  more  than  five  States ;  and  the  boun- 
daries of  the  States,  as  soon  as  Virginia  shall  alter  her  act  of 
Cession  and  Consent  to  the  same,  shall  become  fixed  and  estab- 
lished as  follows,  to  wit :  The  Western  State  in  the  said  terri- 
tory, shall  be  bounded  by  the  Mississippi,  the  Ohio  and  Wabash 
Rivers ;  a  direct  line  drawn  from  the  Wabash  and  Post  Vin- 
cents due  North  to  the  territorial  line  between  the  United  States 
and  Canada,  and  by  the  said  territorial  line  to  the  lake  of  the 
Woods  and  Mississippi.  The  middle  State  shall  be  bounded  by 
the  said  direct  line,  the  Wabash  from  Post  Vincents  to  the 
Ohio ;  by  the  Ohio,  by  a  direat  line  drawn  due  North  from  the 
mouth  of  the  great  Miami  to  me  said  territorial  line,  and  by  the 


Historical  Documents 


219 


said  territorial  line — The  eastern  State  shall  be  bounded  by  the 
last  mentioned  direct  line,  the  Ohio,  Pennsylvania,  and  the  said 
territorial  line ;  provided  however,  and  it  is  further  understood 
and  declared,  that  the  boundaries  of  these  three  States,  shall  be 
subject  so  far  to  be  altered,  that  if  Congress  shall  hereafter  find 
it  expedient,  they  shall  have  authority  to  form  one  or  two  States 
in  that  part  of  the  said  territory  which  lies  north  of  an  east  and 
west  line  drawn  through  the  Southerly  bend  or  extreme  of  Lake 
Michigan :  and  whenever  any  of  the  said  States  shall  have  sixty 
thousand  free  Inhabitants  therein,  such  State  shall  be  admitted 
by  its  Delegates  into  the  Congress  of  the  United  States,  on  an 
equal  footing  with  the  original  States,  in  all  respects  whatever ; 
and  shall  be  at  liberty  to  form  a  permanent  Constitution  and 
State  Government ;  Provided  the  Constitution  and  Government 
so  to  be  formed,  shall  be  republican,  and  in  conformity  to  the 
principles  contained  in  these  Articles ;  and,  so  far  as  it  can  be 
consistent  with  the  general  interest  of  the  Confederacy,  such 
admission  shall  be  allowed  at  an  earlier  period,  and  when  there 
may  be  a  less  number  of  free  Inhabitants  in  the  State  than  sixty 
thousand. 

Article  the  Sixth.  There  shall  be  neither  Slavery  nor  invol- 
untary Servitude  in  the  said  territory  otherwise  than  in  the 
punishment  of  Crimes,  whereof  the  Party  shall  have  been  duly 
Convicted :  Provided  always  that  any  Person  escaping  into  the 
same,  from  whom  labor  or  service  is  lawfully  claimed  in  any 
one  of  the  original  States,  such  fugitive  may  be  lawfully  re- 
claimed and  conveyed  to  the  Person  claiming  his  or  her  labor  or 
service  as  aforesaid. — 

Be  it  Ordained  by  the  Authority  aforesaid,  that  the  Resolu- 
tions of  the  23d  of  April  1784,  relative  to  the  subject  of  this 
ordinance,  be,  and  the  same  are  hereby  repealed  and  declared 
null  and  void. — 

[This  text  of  the  Ordinance  of  1787  is  reprinted  from  that  in  Hart  and 
Channing,  American  History  Leaflets,  No.  32,  the  latter  text  being  taken 
from  the  manuscript  journals  of  Congress.] 

80.    ILLINOIS  TERRITORIAL  ORGANIZATION  ACT. 
FEBRUARY  3,  1809 

[U.  S.  Statutes  at  Large,  II.  514-516.] 

An  Act  for  dividing  the  Indiana  Territory  into  two  separate 

governments. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  from 


Slavery 
prohibited. 


Resolutions 
of  1784 
repealed. 


22O 


Appendix  B 


Illinois 

Territory 

defined. 


Government 
to  be  like 
that  of  the 
Northwest 
Territory. 


Appointment 
and  func- 
tions of 
territorial 
officers. 


Organiza- 
tion of  a 
general 
assembly. 


and  after  the  first  day  of  March  next,  all  that  part  of  the  In- 
diana territory  which  lies  west  of  the  Wabash  river,  and  a  direct 
line  drawn  from  the  said  Wabash  river  and  Post  Vincennes,  due 
north  to  the  territorial  line  between  the  United  States  and  Can- 
ada, shall,  for  the  purpose  of  temporary  government,  constitute 
a  separate  territory,  and  be  called  Illinois. 

SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  estab- 
lished within  the  said  territory  a  government  in  all  respects 
similar  to  that  provided  by  the  ordinance  of  Congress,  passed  on 
the  thirteenth  day  of  July,  one  thousand  seven  hundred  and 
eighty-seven,  for  the  government  of  the  territory  of  the  United 
States,  northwest  of  the  river  Ohio ;  and  by  an  act  passed  on  the 
seventh  day  of  August,  one  thousand  seven  hundred  and  eighty- 
nine,  intituled  "An  act  to  provide  for  the  government  of  the 
territory  northwest  of  the  river  Ohio;"  and  the  inhabitants 
thereof  shall  be  entitled  to,  and  enjoy  all  and  singular  the  rights, 
and  privileges,  and  advantages,  granted  and  secured  to  the  peo- 
ple of  the  territory  of  the  United  States,  northwest  of  the  river 
Ohio,  by  the  said  ordinance. 

SEC.  3.  And  be  it  further  enacted,  That  the  officers  for  the 
said  territory  who,  by  virtue  of  this  act,  shall  be  appointed  by 
the  President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  respectively  exercise  the  same 
powers,  perform  the  same  duties,  and  receive  for  their  services 
the  same  compensations,  as,  by  the  ordinance  aforesaid,  and  the 
laws  of  the  United  States,  have  been  provided  and  established 
for  similar  officers  in  the  Indiana  territory.  And  the  duties  and 
emoluments  of  superintendent  of  Indian  affairs  shall  be  united 
with  those  of  governor:  Provided,  that  the  President  of  the 
United  States  shall  have  full  power,  in  the  recess  of  Congress, 
to  appoint  and  commission  all  officers  herein  authorized,  and 
their  commissions  shall  continue  in  force  until  the  end  of  the 
next  session  of  Congress. 

SEC.  4.  And  be  it  further  enacted,  That  so  much  of  the  ordi- 
nance for  the  government  of  the  territory  of  the  United  States 
northwest  of  the  Ohio  river,  as  relates  to  the  organization  of  a 
general  assembly  therein,  and  prescribes  the  powers  thereof, 
shall  be  in  force  and  operate  in  the  Illinois  territory,  whenever 
satisfactory  evidence  shall  be  given  to  the  governor  thereof  that 
such  is  the  wish  of  a  majority  of  the  freeholders,  notwithstand- 
ing there  may  not  be  therein  five  thousand  free  male  inhabitants 
of  the  age  of  twenty-one  years  and  upward :  Provided,  that 
until  there  shall  be  five  thousand  free  male  inhabitants  of  twenty- 
one  years  and  upwards  in  said  territory,  the  whole  number  of 


Historical  Documents 


221 


Not  to 
affect  the 
government 
of  the 
Indiana 
territory 

Provision 
for  contin- 
uance of 
legal 
proceedings. 


representatives  to  the  general  assembly  shall  not  be  less  than 
seven,  nor  more  than  nine,  to  be  apportioned  by  the  governor  to 
the  several  counties  in  the  said  territory,  agreeably  to  the  num- 
ber of  free  males  of  the  age  of  twenty-one  years  and  upwards, 
which  they  may  respectively  contain. 

SEC.  5.  And  be  it  further  enacted,  That  nothing  in  this  act 
contained  shall  be  construed  so  as  in  any  manner  to  affect  the 
government  now  in  force  in  the  Indiana  territory,  further  than 
to  prohibit  the  exercise  thereof  within  the  Illinois  territory, 
from  and  after  the  aforesaid  first  day  of  March  next. 

SEC.  6.  And  be  it  further  enacted,  That  all  suits,  process  and 
proceedings,  which,  on  the  first  day  of  March  next,  shall  be 
pending  in  the  court  of  any  county  which  shall  be  included 
within  the  said  territory  of  Illinois,  and  also  all  suits,  process 
and  proceedings,  which,  on  the  said  first  day  of  March  next, 
shall  be  pending  in  the  general  ciurt  of  the  Indiana  territory, 
in  consequence  of  any  writ  of  removal,  or  order  for  trial  at  bar, 
and  which  had  been  removed  from  any  of  the  counties  included 
within  the  limits  of  the  territory  of  Illinois  aforesaid,  shall,  in 
all  things  concerning  the  same,  be  proceeded  on,  and  judgments 
and  decrees  rendered  thereon,  in  the  same  manner  as  if  the  said 
Indiana  territory  had  remained  undivided. 

SEC.  7.  And  be  it  further  enacted,  That  nothing  in  this  act 
contained  shall  be  so  construed  as  to  prevent  the  collection  of 
taxes,  which  may,  on  the  first  day  of  March  next,  be  due  to  the 
Indiana  territory  on  lands  lying  in  the  said  territory  of  Illinois. 

SEC.  8.  And  be  it  further  enacted,  That  until  it  shall  be  other- 
wise ordered  by  the  Legislature  of  the  said  Illinois  territory, 
Kaskaskia,  on  the  Mississippi  river,  shall  be  the  seat  of  govern- 
ment for  the  said  Illinois  territory. 

APPROVED,  February  3,  1809. 

81.    THE  ENABLING  ACT.    APRIL  18,  1818 

[C7.  5.  Statutes  at  Large,  III.  428-431.] 

An  Act  to  enable  the  people  of  the  Illinois  territory  to  form  a 
Constitution  and  State  government,  and  for  the  admission 
of  such  State  into  the  Union  on  an  equal  footing  with  the 
original  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of   Authorized 
the  United  States  of  America,  in  Congress  assembled,  That  the    to  form 
inhabitants  of  the  territory  of  Illinois  be,  and  they  are  hereby,    a  State 
authorized  to  form  for  themselves  a  constitution  and  State  gov-    government, 
ernment,  and  to  assume  such  name  as  they  shall  deem  proper; 


Taxes. 


Kaskaskia 
the  seat  of 
government. 


Appendix  B 


Boundaries 
of  the  State. 


Choice  of 
delegates 
to  the 
convention. 


Powers 
of  the 
convention. 


and  the  said  State,  when  formed,  shall  be  admitted  into  the 
Union  upon  the  same  footing  with  the  original  states,  in  all  re- 
spects whatever. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  state  shall 
consist  of  all  the  territory  included  within  the  following  boun- 
daries, to  wit ;  Beginning  at  the  mouth  of  the  Wabash  river ; 
thence,  up  the  same,  and  with  the  line  of  Indiana,  to  the  north- 
west corner  of  said  state ;  thence,  east  with  the  line  of  the  same 
state,  to  the  middle  of  Lake  Michigan ;  thence,  north  along  the 
middle  of  said  lake,  to  north  latitude  forty-two  degrees  thirty 
minutes ;  thence,  west  to  the  middle  of  the  Mississippi  river ; 
and  thence,  down  along  the  middle  of  that  river  to  its  confluence 
with  the  Ohio  river ;  and  thence,  up  the  latter  river  along  its 
north-western  shore,  to  the  beginning :  Provided,  That  the 
convention  hereinafter  provided  for,  when  formed,  shall  ratify 
the  boundaries  aforesaid ;  otherwise  they  shall  be  and  remain  as 
now  prescribed  by  the  ordinance  for  the  government  of  the 
territory  north-west  of  the  river  Ohio :  Provided  also,  That  the 
said  state  shall  have  concurrent  jurisdiction  with  the  state  of 
Indiana  on  the  Wabash  river,  so  far  as  said  river  shall  form  a 
common  boundary  to  both,  and  also  concurrent  jurisdiction  on 
the  Mississippi  river,  with  any  state  or  states  to  be  formed  west 
thereof,  so  far  as  said  river  shall  form  a  common  boundary  to 
both. 

SEC.  3.  And  be  it  further  enacted,  That  all  white  male  citi- 
zens of  the  United  States,  who  shall  have  arrived  at  the  age  of 
twenty-one  years,  and  have  resided  in  said  territory  six  months 
previous  to  the  day  of  election,  and  all  persons  having  in  other 
respects  the  legal  qualifications  to  vote  for  representatives  in  the 
general  assembly  of  the  said  territory,  be,  and  they  are  hereby, 
authorized  to  choose  representatives  to  form  a  convention,  who 
shall  be  apportioned  amongst  the  several  counties  as  follows : 

[Here  follows  a  list  of  the  counties  of  the  State  with  the  num- 
ber of  representatives  assigned  to  each.] 

And  the  election  for  the  representatives  aforesaid  shall  be 
holden  on  the  first  Monday  of  July  next,  and  the  two  following 
days,  throughout  the  several  counties  in  the  said  territory,  and 
shall  be  conducted  in  the  same  manner,  and  under  the  same 
regulations,  as  prescribed  by  the  laws  of  the  said  territory  regu- 
lating elections  therein,  for  members  of  the  House  of  Repre- 
sentatives. 

SEC.  4.  And  be  it  further  enacted,  That  the  members  of  the 
convention,  thus  duly  elected,  be,  and  they  are  hereby,  author- 
ized to  meet  at  the  seat  of  government  of  the  said  territory,  on 


Historical  Documents 


223 


the  first  Monday  of  the  month  of  August  next,  which  conven- 
tion, when  met,  shall  first  determine,  by  a  majority  of  the  whole 
number  elected,  whether  it  be,  or  be  not,  expedient  at  that  time 
to  form  a  constitution  and  state  government  for  the  people 
within  the  said  territory,  and,  if  it  be  expedient,  the  convention 
shall  be  and  hereby  is  authorized  to  form  a  constitution  and 
state  government ;  or,  if  it  be  deemed  more  expedient,  the  said 
convention  shall  provide  by  ordinance  for  electing  representa- 
tives to  form  a  constitution  or  frame  of  government ;  which  said 
representatives  shall  be  chosen  in  such  manner,  and  in  such 
proportion,  and  shall  meet  at  such  time  and  place,  as  shall  be 
prescribed  by  the  said  ordinance,  and  shall  then  form  for  the 
people  of  said  territory  a  constitution  and  state  government: 
Provided,  That  the  same,  whenever  formed,  shall  be  republican, 
and  not  repugnant  to  the  ordinance  of  the  thirteenth  of  July, 
seventeen  hundred  and  eighty-seven,  between  the  original  states 
and  the  people  and  states  of  the  territory  northwest  of  the  river 
Ohio ;  excepting  so  much  of  said  articles  as  relate  to  the  boun- 
daries of  the  states  therein  to  be  formed :  And  provided  also, 
That  it  shall  appear,  from  the  enumeration  directed  to  be  made 
t>y  the  Legislature  of  the  said  territory,  that  there  are,  within 
the  proposed  state,  not  less  than  forty  thousand  inhabitants. 

SEC.  5.  And  be  it  further  enacted,  That  until  the  next  gen- 
eral census  shall  be  taken,  the  said  state  shall  be  entitled  to  one 
representative  in  the  House  of  Representatives  of  the  United 
States. 

SEC.  6.  And  be  it  further  enacted,  That  the  following  propo- 
sitions be  and  the  same  are  hereby,  offered  to  the  convention  of 
the  said  territory  of  Illinois,  when  formed,  for  their  free  ac- 
ceptance or  rejection,  which  if  accepted  by  the  convention,  shall 
be  obligatory  upon  the  United  States  and  the  said  state. 

First.  That  section  numbered  sixteen  in  every  township,  and, 
when  such  section  has  been  sold  or  otherwise  disposed  of,  other 
lands  equivalent  thereto,  and  as  contiguous  as  may  be,  shall  be 
granted  to  the  state,  for  the  use  of  the  inhabitants  of  such  town- 
ship, for  the  use  of  schools. 

Second.  That  all  salt  springs  within  such  state,  and  the  land 
reserved  for  the  use  of  the  same,  shall  be  granted  to  the  said 
state,  for  the  use  of  the  said  state,  and  the  same  to  be  used 
under  such  terms,  and  conditions,  and  regulations,  as  the  legis- 
lature of  the  said  state  shall  direct :  Provided,  The  legislature 
shall  never  sell  nor  lease  the  same  for  a  longer  period  than  ten 
years,  at  any  one  time. 


Representa- 
tion in 
Congress. 


Propositions 
offered. 


Section  16 
for  the  use 
of  the 
schools. 


Salt  springs 
reserved  to 
the  State. 


224 


Appendix  B 


Land  grants 
for  roads 
and 
education. 


A  seminary 
of  learning. 
Grants  con- 
ditional. 


Northern 
parts  of 
Illinois  and 
Indiana 
added  to 
Michigan. 


Third.  That  five  per  cent,  of  the  net  proceeds  of  the  lands 
lying  within  such  state,  and  which  shall  be  sold  by  Congress, 
from  and  after  the  first  day  of  January,  one  thousand  eight  hun- 
dred and  nineteen,  after  deducting  all  expenses  incident  to  the 
same,  shall  be  reserved  for  the  purposes  following,  viz. :  Two- 
fifths  to  be  disbursed,  under  the  direction  of  Congress,  in  mak- 
ing roads  leading  to  the  state ;  the  residue  to  be  appropriated,  by 
the  legislature  of  the  state,  for  the  encouragement  of  learning, 
of  which  one-sixth  part  shall  be  exclusively  bestowed  on  a  col- 
lege or  university. 

Fourth.  That  thirty-six  sections,  or  one  entire  township, 
which  shall  be  designated  by  the  President  of  the  United  States, 
together  with  the  one  heretofore  reserved  for  that  purpose,  shall 
be  reserved  for  the  use  of  a  seminary  of  learning,  and  vested  in 
the  legislature  of  the  said  state,  to  be  appropriated  solely  to  the 
use  of  such  seminary  by  the  said  legislature.  Provided  always, 
That  the  four  foregoing  propositions,  herein  offered,  are  on  the 
conditions  that  the  convention  of  the  said  state  shall  provide,  by 
an  ordinance  irrevocable  without  the  consent  of  the  United 
States,  that  every  and  each  tract  of  land  sold  by  the  United 
States,  from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  nineteen,  shall  remain  exempt  from  any  tax 
laid  by  order,  or  under  any  authority  of,  the  state,  whether  for 
state,  county,  or  township,  or  any  other  purpose  whatever,  for 
the  term  of  five  years  from  and  after  the  day  of  sale  :  And  fur- 
ther, That  the  bounty  lands  granted,  or  hereafter  to  be  granted, 
for  military  services  during  the  late  war,  shall,  while  they  con- 
tinue to  be  held  by  the  patentees,  or  their  heirs,  remain  exempt, 
as  aforesaid,  from  all  taxes,  for  the  term  of  three  years,  from 
and  after  the  date  of  the  patents  respectively;  and  that  all  the 
lands  belonging  to  the  citizens  of  the  United  States,  residing 
without  the  said  state,  shall  never  be  taxed  higher  than  lands 
belonging  to  persons  residing  therein. 

SEC.  7.  And  be  it  further  enacted,  That  all  that  part  of  the 
territory  of  the  United  States  lying  north  of  the  state  of  Indiana, 
and  which  was  included  in  the  former  Indiana  territory,  to- 
gether with  that  part  of  the  Illinois  territory  which  is  situated 
north  of  and  not  included  within  the  boundaries  prescribed  by 
this  act,  to  the  state  thereby  authorized  to  be  formed,  shall  be, 
and  hereby  is,  attached  to,  and  made  a  part  of  the  Michigan  ter- 
ritory, from  and  after  the  formation  of  the  said  state,  subject, 
nevertheless,  to  be  hereafter  disposed  of  by  Congress,  according 
to  the  right  reserved  in  the  fifth  article  of  the  ordinance  afore- 
said, and  the  inhabitants  therein  shall  be  entitled  to  the  same 


Historical  Documents  225 

privileges  and  immunities,  and  subject  to  the  same  rules  and 
regulations,  in  all  respects,  with  the  other  citizens  of  the  Michi- 
gan territory. 
APPROVED,  April  18,  1818. 

82.    JOINT  RESOLUTION  FOR  THE  ADMISSION  OF  ILLI- 
NOIS INTO  THE  UNION.     DECEMBER  3,  1818 

[17.  S.  Statutes  at  Large,  III.  536.] 

RESOLUTION  declaring  the  admission  of  the  state  of  Illinois  into 
the  Union. 

Resolved,  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled,  That,  where- 
as, in  pursuance  of  an  act  of  Congress,  passed  on  the  eighteenth 
day  of  April,  one  thousand  eight  hundred  and  eighteen,  entitled 
"An  act  to  enable  the  people  of  the  Illinois  territory  to  form  a 
constitution  and  state  government,  and  for  the  admission  of 
such  state  into  the  Union,  on  an  equal  footing  with  the  original 
states,"  the  people  of  said  territory  did,  on  the  twenty-sixth  day 
of  August,  in  the  present  year,  by  a  convention  called  for  that 
purpose,  form  for  themselves  a  constitution  and  state  govern- 
ment, which  constitution  and  state  government,  so  formed,  is 
republican,  and  in  conformity  to  the  principles  of  the  articles  of 
compact  between  the  original  states  and  the  people  and  states  in 
the  territory  north-west  of  the  river  Ohio,  passed  on  the  thir- 
teenth day  of  July,  one  thousand  seven  hundred  and  eighty- 
seven.  Resolved,  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America,  in  Congress  assembled,  that 
the  state  of  Illinois  shall  be  one,  and  is  hereby  declared  to  be 
one,  of  the  United  States  of  America,  and  admitted  into  the 
Union  on  an  equal  footing  with  the  original  states,  in  all  re- 
spect whatever. 

APPROVED,  December  3,  1818. 

83.     THE  CONSTITUTION  OF  ILLINOIS,  1870 
[Excerpts] 

[Taken  from  that  published  by  the  secretary  of  state.  The  complete 
text  is  published  and  certified  to  by  him  in  The  Blue  Book  of  the  State  of 
Illinois,  1903.'} 

PREAMBLE 

We,  the  People  of  the  State  of  Illinois — grateful  to  Almighty    Preamble. 
God  for  the  civil,  political  and  religious  liberty  which  He  hath 
so  long  permitted  us  to  enjoy,  and  looking  to  Him  for  a  blessing 
15 


226 


Appendix  B 


upon  our  endeavors  to  secure  and  transmit  the  same  unimpaired 
to  succeeding  generations — in  order  to  form  a  more  perfect  gov- 
ernment, establish  justice,  insure  domestic  tranquility,  provide 
for  the  common  defense,  promote  the  general  welfare,  and  se- 
cure the  blessing  of  liberty  to  ourselves  and  our  posterity,  do 
ordain  and  establish  this  Constitution  for  the  State  of  Illinois. 


ARTICLE  L— BOUNDARIES 

Boundaries.  The  boundaries  and  jurisdiction  of  the  State  shall  be  as  fol- 
lows, to-wit :  Beginning  at  the  mouth  of  the  Wabash  river ; 
thence  up  the  same,  and  with  the  line  of  Indiana  to  the  north- 
west corner  of  said  State ;  thence  east  with  the  line  of  the  same 
State,  to  the  middle  of  Lake  Michigan ;  thence  north  along  the 
middle  of  said  lake  to  north  latitude  forty-two  degrees  and 
thirty  minutes,  thence  west  to  the  middle  of  the  Mississippi 
river,  and  thence  down  along  the  middle  of  that  river  to  its  con- 
fluence with  the  Ohio  river,  and  thence  up  the  latter  river  along 
its  northwestern  shore  to  the  place  of  beginning:  Provided, 
that  this  State  shall  exercise  such  jurisdiction  upon  the  Ohio 
river  as  she  is  now  entitled  to,  or  such  as  may  hereafter  be 
agreed  upon  by  this  State  and  the  State  of  Kentucky. 

ARTICLE  II.— BILL  OF  RIGHTS 

Inalienable          Section  i.    All  men  are  by  nature  free  and  independent,  and 
rights.  |lave  certain  inherent  and  inalienable  rights — among  these  are 

life,  liberty  and  the  pursuit  of  happiness.  To  secure  these  rights 
and  the  protection  of  property,  governments  are  instituted 
among  men,  deriving  their  just  powers  from  the  consent  of  the 
governed. 

Due  process        §  2.    No  person  shall  be  deprived  of  life,  liberty  or  property 
pf  law.  without  due  process  of  law. 

Religious  §  3-    The  free  exercise  and  enjoyment  of  religious  profession 

liberty.  and  worship,  without  discrimination,  shall  forever  be  guaran- 

teed ;  and  no  person  shall  be  denied  any  civil  or  political  right, 
privilege  or  capacity  on  account  of  his  religious  opinions ;  but 
the  liberty  of  conscience  hereby  secured  shall  not  be  construed 
to  dispense  with  oaths  or  affirmations,  excuse  acts  of  licentious- 
ness, or  justify  practices  inconsistent  with  the  peace  or  safety 
of  the  State.  No  person  shall  be  required  to  attend  or  support 
any  ministry  or  place  of  worship  against  his  consent,  nor  shall 
any  preference  be  given  by  law  to  any  religious  denomination  or 
mode  of  worship. 


Historical  Documents 


227 


Searches 

and 

seizures. 


Bail  and 

habeas 

corpus. 


§  4.    Every  person  may  freely  speak,  write  and  publish  on  all    Freedom  of 
subjects,  being  responsible  for  the  abuse  of  that  liberty;  and  in    speech  and 
all  trials  for  libel,  both  civil  and  criminal,  the  truth,  when  pub-    the  Press< 
lished  with  good  motives  and  for  justifiable  ends,  shall  be  a  suf- 
ficient defense. 

§  5.    The  right  of  trial  by  jury,  as  heretofore  enjoyed,  shall    Jury  trials, 
remain  inviolate;  but  the  trial  of  civil  cases  before  justices  of 
the  peace,  by  a  jury  of  less  than  twelve  men,  may  be  authorized 
by  law. 

§  6.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against  unreasonable  searches  and 
seizures,  shall  not  be  violated ;  and  no  warrant  shall  issue  with- 
out probable  cause,  supported  by  affidavit,  particularly  describ- 
ing the  place  to  be  searched,  and  the  persons  or  things  to  be 
seized. 

§  7.  All  persons  shall  be  bailable  by  sufficient  sureties,  ex- 
cept for  capital  offenses,  where  the  proof  is  evident  cw  the  pre- 
sumption great ;  and  the  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended,  unless  when  in  cases  of  rebellion  or  in- 
vasion the  public  safety  may  require  it. 

§  8.    No  person  shall  be  held  to  answer  for  a  criminal  of-    indictments, 
fense,  unless  on  indictment  of  a  grand  jury,  except  in  cases  in 
which  the  punishment  is  by  fine,  or  imprisonment  otherwise . 
than  in  the  penitentiary,  in  cases  of  impeachment,  and  in  cases 
arising  in  the  army  and  navy,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger :    Provided,  that  the 
grand  jury  may  be  abolished  by  law  in  all  cases. 

§  9.    In  all  criminal  prosecutions  the  accused  shall  have  the    Rights  of 
right  to  appear  and  defend  in  person  and  by  counsel ;  to  demand    defendants, 
the  nature  and  cause  of  the  accusation,  and  to  have  a  copy  there- 
of;  to  meet  the  witnesses  face  to  face,  and  to  have  process  to 
compel  the  attendance  of  witnesses  in  his  behalf,  and  a  speedy 
public  trial  by  an  impartial  jury  of  the  county  or  district  in 
which  the  offense  is  alleged  to  have  been  committed. 

§  10.  No  person  shall  be  compelled  in  any  criminal  case  to 
give  evidence  against  himself,  or  be  twice  put  in  jeopardy  for 
the  same  offense. 

§  ii.    All  penalties  shall  be  proportioned  to  the  nature  of  the    Penalties 
offense;  and  no  conviction  shall  work  corruption  of  blood  or    limited, 
forfeiture  of  estate ;  nor  shall  any  person  be  transported  out  of 
the  State  for  any  offense  committed  within  the  same. 


228 


Appendix  B 


Imprison-  §  12.     No  person  shall  be  imprisoned  for  debt,  unless  upon 

ment  for          refusal  to  deliver  up  his  estate  for  the  benefit  of  his  creditors,  in 
debt  such  manner  as  shall  be  prescribed  by  law ;  or  in  cases  where 

prohibited.       there  is  strong  presumption  of  fraud. 

Compensa-  §  13.     Private  property  shall  not  be  taken  or  damaged  for  pub- 

tion  for  ]ic  use  without  just  compensation.     Such  compensation,  when 

property          not  ma(je  by  the  State,  shall  be  ascertained  by  a  jury,  as  shall  be 

ta  en*  prescribed  by  law.     The  fee  of  land  taken  for  railroad  tracks, 

without  consent  of  the  owners  thereof,  shall  remain  in  such 

owners,  subject  to  the  use  for  which  it  is  taken. 

Legislative  §  14.     No  ex  post  facto  law,  or  law  impairing  the  obligation 

power  lim-        of  contracts,  or  making  any  irrevocable  grant  of  special  privi- 
lted-  leges  or  immunities,  shall  be  passed. 

The  military        §  15.     The  military  shall  be  in  strict  subordination  to  the  civil 
power.  power. 

Quartering          §  16.     No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
of  soldiers,      house  without  the  consent  of  the  owner ;  nor  in  time  of  war  ex- 
cept in  the  manner  prescribed  by  law. 

Right  of  §  i?.     The  people  have  the  right  to  assemble  in  a  peaceable 

petition.  manner  to  consult  for  the  common  good,  to  make  known  their 

opinions  to  their  representatives,  and  to  apply  for  redress  of 
grievances. 

Elections.  §  18.     All  elections  shall  be  free  and  equal. 

Justice  must        §  IQ.     Every  person  ought  to  find  a  certain  remedy  in  the 
be  certain,       laws  for  all  injuries  and  wrongs  which  he  may  receive  in  his 
free,  speedy,    person,  property,  or  reputation ;  he  ought  to  obtain  by  law,  right 
and  justice  freely,  and  without  being  obliged  to  purchase  it, 
completely  and  without  denial,  promptly  and  without  delay. 
Fundamental       §  2O.     A  frequent  recurrence  to  the  fundamental  principles  of 
principles.        civil  government  is  absolutely  necessary  to  preserve  the  bless- 
ings of  liberty. 

ARTICLE  III.— DISTRIBUTION  OF  POWERS 

Depart-  The  powers  of  the  government  of  this  State  are  divided  into 

ments.  three  distinct  departments — the  Legislative,  Executive  and  Ju- 

dicial ;  and  no  person,  or  collection  of  persons,  being  one  of 
these  departments,  shall  exercise  any  power  properly  belonging 
to  either  of  the  others,  except  as  hereinafter  expressly  directed 
or  permitted. 

ARTICLE  IV.— LEGISLATIVE  DEPARTMENT 

General  Section  i.     The  legislative  power  shall  be  vested  in  a  general 

assembly.         assembly,  which  shall  consist  of  a  senate  and  house  of  repre- 
sentatives, both  to  be  elected  by  the  people. 


Historical  Documents 


229 


ELECTION 

§  2.  An  election  for  members  of  the  general  assembly  shall  Election, 
be  held  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy,  and  every  two  years  thereafter,  in  each  county,  at  such 
places  therein  as  may  be  provided  by  law.  When  vacancies 
occur  in  either  house,  the  governor,  or  person  exercising  the 
powers  of  governor,  shall  issue  write  of  election  to  fill  such 
vacancies. 

ELIGIBILITY  AND  OATH 

§  3.  No  person  shall  be  a  senator  who  shall  not  have  attained  Eligibility, 
the  age  of  twenty-five  years,  or  a  representative  who  shall  not 
have  attained  the  age  of  twenty-one  years.  No  person  shall  be 
a  senator  or  a  representative  who  shall  not  be  a  citizen  of  the 
United  States  and  who  shall  not  have  been  for  five  years  a  resi- 
dent of  this  State,  and  for  two  years  next  preceding  his  election 
a  resident  within  the  territory  forming  the  district  from  which 
he  is  elected.  No  judge  or  clerk  of  any  court,  secretary  of  state, 
attorney  general,  state's  attorney,  recorder,  sheriff,  or  collector 
of  public  revenue,  members  of  either  house  of  congress,  or  per- 
sons holding  any  lucrative  office  under  the  United  States  or  this 
State,  or  any  foreign  government,  shall  have  a  seat  in  the  gen- 
eral assembly :  Provided,  that  appointments  in  the  militia,  and 
the  offices  of  notary  public  and  justice  of  the  peace,  shall  not  be 
considered  lucrative.  Nor  shall  any  person  holding  any  office 
of  honor  or  profit  under  any  foreign  government,  or  under  the 
government  of  the  United  States,  (except  postmasters  whose 
annual  compensation  does  not  exceed  the  sum  of  three  hundred 
dollars)  hold  any  office  of  honor  or  profit  under  the  authority  of 
this  State. 

§  4.     No  person  who  has  been,  or  hereafter  shall  be  convicted    Disqualifi- 
of  bribery,  perjury  or  other  infamous  crime,  nor  any  person    cations, 
who  has  been  or  may  be  a  collector  or  holder  of  public  moneys, 
who  shall  not  have  accounted  for  and  paid  over,  according  to 
law,  all  such  moneys  due  from  him,  shall  be  eligible  to  the  gen- 
eral assembly,  or  to  any  office  of  profit  or  trust  in  this  State. 

§  5.     [Member's  oath.] 


APPORTIONMENT — SENATORIAL 


§  6.  The  general  assembly  shall  apportion  the  State  every 
ten  years,  beginning  with  the  year  one  thousand  eight  hundred 
and  seventy-one,  by  dividing  the  population  of  the  State,  as 
ascertained  by  the  federal  census,  by  the  number  fifty-one,  and 


Senatoiial 
districts. 


230  Appendix  B 

the  quotient  shall  be  the  ratio  of  representation  in  the  senate. 
The  State  shall  be  divided  into  fifty-one  senatorial  districts, 
each  of  which  shall  elect  one  senator,  whose  term  of  office  shall 
be  four  years.  The  senators  elected  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy-two,  in  districts  bear- 
ing odd  numbers,  shall  vacate  their  offices  at  the  end  of  two 
years,  and  those  elected  in  districts  bearing  even  numbers  at  the 
end  of  four  years,  and  vacancies  occurring  by  the  expiration  of 
term  shall  be  filled  by  the  election  of  Senators  for  the  full  term. 
Senatorial  districts  shall  be  formed  of  contiguous  and  compact 
territory,  bounded  by  county  lines,  and  contain  as  near  as  prac- 
ticable an  equal  number  of  inhabitants  :  but  no  district  shall  con- 
tain less  than  four-fifths  of  the  senatorial  ratio.  Counties  con- 
taining not  less  than  the  ratio  and  three-fourths  may  be  divided 
into  separate  districts,  and  shall  be  entitled  to  two  Senators,  and 
to  one  additional  Senator  for  each  number  of  inhabitants  equal 
to  the  ratio  contained  by  such  counties  in  excess  of  twice  the 
number  of  said  ratio. 

MINORITY  REPRESENTATION1 

Minority  §§  7  and  8.    The  house  of  representatives  shall  consist  of 

representa-       three  times  the  number  of  the  members  of  the  senate,  and  the 
tlon>  term  of  office  shall  be  two  years.     Three  representatives  shall  be 

elected  in  each  senatorial  district  at  the  general  election  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy-two, 
and  every  two  years  thereafter.  In  all  elections  of  representa- 
tives aforesaid,  each  qualified  voter  may  cast  as  many  votes  for 
one  candidate  as  there  are  representatives  to  be  elected,  or  may 
distribute  the  same,  or  equal  parts  thereof,  among  the  candi- 
dates, as  he  shall  see  fit;  and  the  candidates  highest  in  votes 
shall  be  declared  elected. 

TIME  OF  MEETING  AND  GENERAL  RULES 

Organiza-  §  9.     The  sessions  of  the  general  assembly  shall  commence  at 

tion  and          twelve  o'clock  noon,  on  the  Wednesday  next  after  the  first  Mon- 
rules.  <jay  ;n  january,  in  the  year  next  ensuing  the  election  of  mem- 

bers thereof,  and  at  no  other  time,  unless  as  provided  by  this 
constitution.  A  majority  of  the  members  elected  to  each  house 
shall  constitute  a  quorum.  Each  house  shall  determine  the 
rules  of  its  proceedings,  and  be  the  judge  of  the  election,  returns 
and  qualifications  of  its  members ;  shall  choose  its  own  officers ; 

1  By  a  separate  vote  taken  at  the  time  of  the  adoption  of  the  constitu- 
tion, this  paragraph  on  minority  representation  was  substituted  for  the 
original  sections  7  and  8. 


Historical  Documents 


231 


and  the  senate  shall  choose  a  temporary  president  to  preside 
when  the  lieutenant  governor  shall  not  attend  as  president,  or 
shall  act  as  governor.  The  secretary  of  state  shall  call  the  house 
of  representatives  to  order  at  the  opening  of  each  new  assembly, 
and  preside  over  it  until  a  temporary  presiding  officer  thereof 
shall  have  been  chosen  and  shall  have  taken  his  seat.  No  mem- 
ber shall  be  expelled  by  either  house,  except  by  a  vote  of  two- 
thirds  of  all  the  members  elected  to  that  house,  and  no  member 
shall  be  twice  expelled  for  the  same  offense.  Each  house  may 
punish  by  imprisonment  any  person  not  a  member  who  shall  be 
guilty  of  disrespect  to  the  house  by  disorderly  or  contemptuous 
behavior  in  its  presence.  But  no  such  imprisonment  shall  ex- 
tend beyond  twenty-four  hours  at  one  time,  unless  the  person 
shall  persist  in  such  disorderly  or  contemptuous  behavior. 

§  10.  The  door  of  each  house  and  of  committees  of  the  whole  Publicity, 
shall  be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  the 
house,  require  secrecy.  Neither  house  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  two  days,  or  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  sitting. 
Each  house  shall  keep  a  journal  of  its  proceedings,  which  shall 
be  published.  In  the  senate,  at  the  request  of  two  members,  and 
in  the  house,  at  the  request  of  five  members,  the  yeas  and  nays 
shall  be  taken  on  any  question,  and  entered  upon  the  journal. 
Any  two  members  of  either  house  shall  have  liberty  to  dissent 
from  and  protest,  in  respectful  language,  against  any  act  or  res- 
olution which  they  think  injurious  to  the  public  or  to  any  indi- 
vidual, and  have  the  reasons  of  their  dissent  entered  upon  the 
journals. 


STYLE  OF  LAWS  AND  PASSAGE  OF  BILLS 


Enacting 
style. 


Votes  on 
bills. 


§  ii.  The  style  of  the  laws  of  this  State  shall  be  :  "Be  it  en- 
acted by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly." 

§  12.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended  or  rejected  by  the  other;  and,  on  the  final  passage  of 
all  bills,  the  vote  shall  be  by  yeas  and  nays,  upon  each  bill  sepa- 
rately, and  shall  be  entered  upon  the  journal;  and  no  bill  shall 
become  a  law  without  the  concurrence  of  a  majority  of  the 
members  elected  to  each  house. 

§  13.     Every  bill  shall  be  read  at  large  on  three  different  days,    Restrictions 
in  each  house ;  and  the  bill  and  all  amendments  thereto  shall  be 
printed  before  the  vote  is  taken  on  its  final  passage ;  and  every 
bill,  having  passed  both  houses,  shall  be  signed  by  the  Speakers 
thereof.    No  act  hereafter  passed  shall  embrace  more  than  one 


on  passage 
of  bills. 


232  Appendix  B 

subject,  and  that  shall  be  expressed  in  the  title.  But  if  any  sub- 
ject shall  be  embraced  in  an  act  which  shall  not  be  expressed  in 
the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall 
not  be  so  expressed ;  and  no  law  shall  be  revived  or  amended  by 
reference  to  its  title  only,  but  the  law  revived,  or  the  section 
amended,  shall  be  inserted  at  length  in  the  new  act.  And  no  act 
of  the  General  Assembly  shall  take  effect  until  the  first  day  of 
July  next  after  its  passage,  unless,  in  case  of  emergency  (which 
emergency  shall  be  expressed  in  the  preamble  or  body  of  the 
act),  the  General  Assembly  shall,  by  a  vote  of  two-thirds  of  all 
the  members  elected  to  each  house,  otherwise  direct. 

PRIVILEGES  AND  DISABILITIES 

Members'  §  14.     Senators  and  Representatives  shall,  in  all  cases,  except 

privileges.        treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest 

during  the  session  of  the  General  Assembly,  and  in  going  to  and 

returning  from  the  same ;  and  for  any  speech  or  debate  in  either 

house,  they  shall  not  be  questioned  in  any  other  place. 

Disabilities.  §  15.  No  person  elected  to  the  General  Assembly  shall  re- 
ceive any  civil  appointment  within  this  State  from  the  Governor, 
the  Governor  and  Senate,  or  from  the  General  Assembly,  dur- 
ing the  term  for  which  he  shall  have  been  elected ;  and  all  such 
appointments,  and  all  votes  given  for  any  such  members  for  any 
such  office  or  appointment,  shall  be  void ;  nor  shall  any  member 
of  the  General  Assembly  be  interested,  either  directly  or  indi- 
rectly, in  any  contract  with  the  State,  or  any  county  thereof, 
authorized  by  any  law  passed  during  the  term  for  which  he 
shall  have  been  elected,  or  within  one  year  after  the  expiration 
thereof. 

PUBLIC  MONEYS  AND  APPROPRIATIONS 

Appropria-  §  16.     The  General  Assembly  shall  make  no  appropriation  of 

tions.  money  out  of  the  treasury  in  any  private  law.     Bills  making 

appropriations  for  the  pay  of  members  and  officers  of  the  Gen- 
eral Assembly,  and  for  the  salaries  of  the  officers  of  the  govern- 
ment, shall  contain  no  provision  on  any  other  subject. 

Payments  §  17.     No  money  shall  be  drawn  from  the  treasury  except  in 

from  the  pursuance  of  an  appropriation  made  by  law,  and  on  the  presen- 
treasury.  tation  of  a  warrant  issued  by  the  auditor  thereon ;  and  no  money 
shall  be  diverted  from  any  appropriation  made  for  any  purpose, 
or  taken  from  any  fund  whatever,  either  by  joint  or  separate 
resolution.  The  auditor  shall,  within  sixty  days  after  the  ad- 
journment of  each  session  of  the  general  assembly,  prepare  and 
publish  a  full  statement  of  all  money  expended  at  such  session, 


Historical  Documents  233 

specifying  the  amount  of  each  item,  and  to  whom  and  for  what 
paid. 

§  18.  Each  general  assembly  shall  provide  for  all  the  appro-  Appropria- 
priations  necessary  for  the  ordinary  and  contingent  expenses  of  tion  bills, 
the  government  until  the  expiration  of  the  first  fiscal  quarter 
after  the  adjournment  of  the  next  regular  session,  the  aggre- 
gate amount  of  which  shall  not  be  increased  without  a  vote  of 
two-thirds  of  the  members  elected  to  each  house,  nor  exceed  the 
amount  authorized  by  law  to  be  raised  in  such  time;  and  all 
appropriations,  general  or  special,  requiring  money  to  be  paid 
out  of  the  State  treasury,  from  funds  belonging  to  the  State, 
shall  end  with  such  fiscal  quarter :  Provided,  the  State  may,  to 
meet  casual  deficits  or  failures  in  revenues,  contract  debts,  never 
to  exceed  in  the  aggregate  two  hundred  and  fifty  thousand  dol- 
lars, and  moneys  thus  borrowed  shall  be  applied  to  the  purpose 
for  which  they  were  obtained,  or  to  pay  the  debt  thus  created, 
and  to  no  other  purpose ;  and  no  other  debt,  except  for  the  pur- 
pose of  repelling  invasion,  suppressing  insurrection,  or  defend- 
ing the  State  in  war  (for  payment  of  which  the  faith  of  the 
State  shall  be  pledged),  shall  be  contracted,  unless  the  law  au- 
thorizing the  same  shall,  at  a  general  election,  have  been  sub- 
mitted to  the  people  and  have  received  a  majority  of  the  votes 
cast  for  members  of  the  General  Assembly  at  such  election.  The 
General  Assembly  shall  provide  for  the  publication  of  said  law 
for  three  months,  at  least,  before  the  vote  of  the  people  shall  be 
taken  upon  the  same ;  and  provision  shall  be  made,  at  the  time, 
for  the  payment  of  the  interest  annually,  as  it  shall  accrue,  by  a 
tax  levied  for  the  purpose,  or  from  other  sources  of  revenue; 
which  law,  providing  for  the  payment  of  such  interest  by  such 
tax,  shall  be  irrepealable  until  such  debt  be  paid:  And,  pro- 
vided further,  that  the  law  levying  the  tax  shall  be  submitted  to 
the  people  with  the  law  authorizing  the  debt  to  be  contracted. 

§  19.     [Certain  extra  compensations  forbidden.] 

§  20.     The  State  shall  never  pay,  assume  or  become  respon-    State  not  to 
sible  for  the  debts  or  liabilities  of,  or  in  any  manner  give,  loan    lend  its 
or  extend  its  credit  to,  or  in  aid  of,  any  public  or  other  corpo-    credit, 
ration,  association  or  individual. 

§  21.     [Salary  and  allowances  of  members.] 

SPECIAL  LEGISLATION  PROHIBITED 

§  22.     The  general  assembly  shall  not  pass  local  or  special    Local  or 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say:    special  laws 
for prohibited. 

Granting  divorces ; 


234  Appendix  B 

Changing  the  names  cf  persons  or  places ; 

Laying  out,  opening,  altering  and  working  roads  or  highways ; 

Vacating  roads,  town  plats,  streets,  alleys,  and  public  grounds ; 

Locating  or  changing  county  seats ; 

Regulating  county  and  township  affairs ; 

Regulating  the  practice  in  courts  of  justice; 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  and  constables ; 

Providing  for  changes  of  venue  in  civil  and  criminal  cases ; 

Incorporating  cities,  towns  or  villages,  or  changing  or  amend- 
ing the  charter  of  any  town,  city  or  village ; 

Providing  for  the  election  of  members  of  the  board  of  super- 
visors in  townships,  incorporated  towns  or  cities ; 

Summoning  and  impaneling  grand  or  petit  juries; 

Providing  for  the  management  of  common  schools ; 

Regulating  the  rate  of  interest  on  money ; 

The  opening  and  conducting  of  any  election,  or  designating 
the  place  of  voting ; 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or 
others  under  disability; 

The  protection  of  game  or  fish ; 

Chartering  or  licensing  ferries  or  toll  bridges ; 

Remitting  fines,  penalties  or  forfeitures ; 

Creating,  increasing,  or  decreasing  fees,  percentage  or  allow- 
ances of  public  officers,  during  the  term  for  which  said  officers 
are  elected  or  appointed ; 

Changing  the  law  of  descent ; 

Granting  to  any  corporation,  association,  or  individual,  the 
right  to  lay  down  railroad  tracks,  or  amending  existing  charters 
for  such  purposes. 

Granting  to  any  corporation,  association  or  individual  any 
special  or  exclusive  privilege,  immunity  or  franchise  whatever ; 

In  all  other  cases  where  a  general  law  can  be  made  applicable, 
no  special  law  shall  be  enacted. 

§  23.  [Liabilities  to  State  and  municipal  governments  not  to 
be  released.] 

IMPEACHMENT 

Trial  of  §  24.     The  house  of  representatives  shall  have  the  sole  power 

impeach-          of  impeachment ;  but  a  majority  of  all  the  members  elected  must 

ments.  concur  therein.     All  impeachments  shall  be  tried  by  the  senate; 

and  when  sitting  for  that  purpose,  the  senators  shall  be  upon 

oath  or  affirmation  to  do  justice  according  to  law  and  evidence. 

When  the  governor  of  the  State  is  tried,  the  chief  justice  shall 

preside.     No  person  shall  be  convicted  without  the  concurrence 


Historical  Documents 


235 


of  two-thirds  of  the  senators  elected.  But  judgment,  in  such 
cases,  shall  not  extend  further  than  removal  from  office,  and  dis- 
qualification to  hold  any  office  of  honor,  profit  or  trust  under  the 
government  of  this  State.  The  party,  whether  convicted  or  ac- 
quitted, shall,  nevertheless,  be  liable  to  prosecution,  trial,  judg- 
ment and  punishment  according  to  law. 

§§  25-33.     [Miscellaneous  limitations  of  legislative  power.] 

ARTICLE  V.— EXECUTIVE  DEPARTMENT 


Executive 

officers. 


Section  I.  The  executive  department  shall  consist  of  a  Gov- 
ernor, Lieutenant  Governor,  Secretary  of  State,  Auditor  of  Pub- 
lic Accounts,  Treasurer,  Superintendent  of  Public  Instruction 
and  Attorney  General,  who  shall  each,  with  the  exception  of  the 
Treasurer,  hold  his  office  for  the  term  of  four  years  from  the 
second  Monday  of  January  next  after  his  election  and  until  his 
successor  is  elected  and  qualified.  They  shall,  except  the  Lieu- 
tenant Governor,  reside  at  the  seat  of  government  during  their 
term  of  office,  and  keep  the  public  records,  books  and  papers 
there,  and  shall  perform  such  duties  as  may  be  prescribed  by 
law. 

§  2.  The  Treasurer  shall  hold  his  office  for  the  term  of  two  Treasurer, 
years,  and  until  his  successor  is  elected  and  qualified;  and  shall 
be  ineligible  to  said  office  for  two  years  next  after  the  end  of  the 
term  for  which  he  was  elected.  He  may  be  required  by  the  gov- 
ernor to  give  reasonable  additional  security,  and  in  default  of  so 
doing  his  office  shall  be  deemed  vacant. 


ELECTION 

§  3.  An  election  for  governor,  lieutenant  governor,  secretary 
of  state,  auditor  of  public  accounts  and  attorney  general  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  of  November, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy- 
two,  and  every  four  years  thereafter;  for  superintendent  of 
public  instruction,  on  the  Tuesday  next  after  the  first  Monday 
of  November  in  the  year  one  thousand  eight  hundred  and  sev- 
enty, and  every  four  years  thereafter ;  and  for  treasurer  on  the 
day  last  above  mentioned,  and  every  two  years  thereafter,  at 
such  places  and  in  such  manner  as  may  be  prescribed  by  law. 

§  4.  The  returns  of  every  election  for  the  above  named  offi- 
cers shall  be  sealed  up  and  transmitted  by  the  returning  officers 
to  the  secretary  of  state  directed  to  the  "Speaker  of  the  house  of 
representatives,"  who  shall,  immediately  after  the  organization 
of  the  house,  and  before  proceeding  to  other  business,  open  and 
publish  the  same  in  the  presence  of  a  majority  of  each  house  of 


Election  of 
executive 

officers. 


Returns 
canvassed. 


236  Appendix  B 

the  general  assembly,  who  shall,  for  that  purpose,  assemble  in 
the  hall  of  the  house  of  representatives.  The  person  having  the 
highest  number  of  votes  for  either  of  said  offices  shall  be  de- 
clared duly  elected ;  but  if  two  or  more  have  an  equal,  and  the 
highest  number  of  votes,  the  general  assembly  shall,  by  joint 
ballot,  choose  one  of  such  persons  for  said  office.  Contested 
elections  for  all  of  said  offices  shall  be  determined  by  both  houses 
of  the  general  assembly,  by  joint  ballot,  in  such  manner  as  may 
be  prescribed  by  law. 

ELIGIBILITY 

Qualifica-  §  5.     No  person  shall  be  eligible  to  the  office  of  governor  or 

tions  of  lieutenant  governor  who  shall  not  have  attained  the  age  of  thirty 

executive         years,  and  been,  for  five  years  next  preceding  his  election,  a 
officers.  citizen  of  the  United  States  and  of  this  State.     Neither  the  gov- 

ernor, lieutenant  governor,  auditor  of  public  accounts,  secretary 
of  state,  superintendent  of  public  instruction,  nor  attorney  gen- 
eral shall  be  eligible  to  any  other  office  during  the  period  for 
which  he  shall  have  been  elected. 

GOVERNOR 

Supreme  §  6.    The  supreme  executive  power  shall  be  vested  in  the 

executive          governor,  who  shall  take  care  that  the  laws  be  faithfully  exe- 
P°wer-  cuted. 

Reports  to  §  7.     The  governor  shall,  at  the  commencement  of  each  ses- 

the  general      sion,  and  at  the  close  of  his  term  of  office,  give  to  the  general 

assembly.         assembly  information,  by  message,  of  the  condition  of  the  State, 

and  shall  recommend  such  measures  as  he  shall  deem  expedient. 

He  shall  account  to  the  general  assembly,  and  accompany  his 

message  with  a  statement  of  all  moneys  received  and  paid  out 

by  him  from  any  funds  subject  to  his  order,  with  vouchers,  and 

at  the  commencement  of  each  regular  session,  present  estimates 

of  the  amount  of  money  required  to  be  raised  by  taxation  for 

all  purposes. 

Special  §  8.     The  Governor  may,  on  extraordinary  occasions,  con- 

sessions,  vene  the  General  Assembly,  by  proclamation,  stating  therein  the 

purpose  for  which  they  are  convened,  and  the  General  Assem- 
bly shall  enter  upon  no  business  except  that  for  which  they  were 
called  together. 

Adjourn-  §  9.     Jn  case  of  a  disagreement  between  the  two  houses  with 

ment  by  the     respect  to  the  time  of  adjournment,  the  Governor  may,  on  the 
lon         same  being  certified  to  him  by  the  house  first  moving  the  ad- 
journment, adjourn  the  General  Assembly  to  such  time  as  he 
thinks  proper,  not  beyond  the  first  day  of  the  next  regular  ses- 
sion. 


Historical  Documents 


237 


§  10.     The  Governor  shall  nominate,  and  by  and  with  the  ad-    Appoint- 
vice  and  consent  of  the  Senate  (a  majority  of  all  the  Senators    ments. 
elected  concurring  by  yeas  and  nays),  appoint  all  officers  whose 
offices  are  established  by  this  constitution,  or  which  may  be 
created  by  law,  and  whose  appointment  or  election  is  not  other- 
wise provided  for;  and  no  such  officer  shall  be  appointed  or 
elected  by  the  General  Assembly. 

§  II.     In  case  of  a  vacancy,  during  the  recess  of  the  Senate,    Temporary 
in  any  office  which  is  not  elective,  the  Governor  shall  make  a    appoint- 
temporary  appointment  until  the  next  meeting  of  the  Senate,    ments. 
when  he  shall  nominate  some  person  to  fill  such  office ;  and  any 
person  so  nominated  who  is  confirmed  by  the  Senate  (a  major- 
ity of  all  the  Senators  elected  concurring  by  yeas  and  nays), 
shall  hold  his  office  during  the  remainder  of  the  term,  and  until 
his  successor  shall  be  appointed  and  qualified.     No  person,  after 
being  rejected  by  the  Senate,  shall  be  again  nominated  for  the 
same  office  at  the  same  session,  unless  at  the  request  of  the  Sen- 
ate, or  be  appointed  to  the  same  office  during  the  recess  of  the 
General  Assembly. 

§  12.     The  Governor  shall  have  power  to  remove  any  officer    Removals, 
whom  he  may  appoint,  in  case  of  incompetency,  neglect  of  duty 
or  malfeasance  in  office;  and  he  may  declare  his  office  vacant 
and  fill  the  same  as  is  herein  provided  in  other  cases  of  vacancy. 

§  13.     The  Governor  shall  have  power  to  grant  reprieves,    Pardons, 
commutations  and  pardons,  after  conviction,  for  all  offense's, 
subject  to  such  regulations  as  may  be  provided  by  law  relative 
to  the  manner  of  applying  therefor. 

§  14.     The  Governor  shall  be  Commander-in-Chief  of  the    Military 
military  and  naval  forces  of  the  State  (except  when  they  shall    powers. 
be  called  into  the  service  of  the  United  States),  and  may  call 
out  the  same  to  execute  the  laws,  suppress  insurrection  and 
repel  invasion. 

§  15.    The  Governor  and  all  civil  officers  of  the  State  shall  be    impeach- 
liable  to  impeachment  for  any  misdemeanor  in  office.  ment. 


VETO 

§  16.  Every  bill  passed  by  the  General  Assembly  shall,  be-  Veto  power, 
fore  it  becomes  a  law,  be  presented  to  the  Governor.  If  he  ap- 
prove, he  shall  sign  it,  and  thereupon  it  shall  become  a  law ;  but 
if  he  do  not  approve,  he  shall  return  it,  with  his  objections,  to 
the  House  in  which  it  shall  have  originated,  which  House  shall 
enter  the  objections  at  large  upon  its  journal  and  proceed  to 
reconsider  the  bill.  If  then  two-thirds  of  the  members  elected 
agree  to  pass  the  same,  it  shall  be  sent,  together  with  the  objec- 


238 


Appendix  B 


When  the 
lieutenant 
governor 
may  act 

President  of 
the  senate. 


tions,  to  the  other  House,  by  which  it  shall  likewise  be  recon- 
sidered ;  and  if  approved  by  two-thirds  of  the  members  elected 
to  that  House,  it  shall  become  a  law,  notwithstanding  the  objec- 
tions of  the  Governor;  but  in  all  such  cases  the  vote  of  each 
House  shall  be  determined  by  yeas  and  nays,  to  be  entered  upon 
the  journal.  *Bills  making  appropriations  of  money  out  of  the 
treasury  shall  specify  the  objects  and  purposes  for  which  the 
same  are  made,  and  appropriate  to  them  respectively  their  sev- 
eral amounts  in  distinct  items  and  sections.  And  if  the  Gov- 
ernor shall  not  approve  any  one  or  more  of  the  items  or  sections 
contained  in  any  bill,  but  shall  approve  the  residue  thereof,  it 
shall  become  a  law,  as  to  the  residue,  in  like  manner  as  if  he  had 
signed  it.  The  Governor  shall  then  return  the  bill,  with  his  ob- 
jections to  the  items  or  sections  of  the  same  not  approved  by 
him,  to  the  House  in  which  the  bill  shall  have  originated,  which 
House  shall  enter  the  objections  at  large  upon  its  journal,  and 
proceed  to  reconsider  so  much  of  said  bill  as  is  not  approved  by 
the  Governor.  The  same  proceedings  shall  be  had  in  both 
Houses  in  reconsidering  the  same  as  is  hereinbefore  provided  in 
case  of  an  entire  bill  returned  by  the  Governor  with  his  objec- 
tions ;  and  if  any  item  or  section  of  said  bill  not  approved  by 
the  Governor  shall  be  passed  by  two-thirds  of  the  members 
elected  to  each  of  the  two  Houses  of  the  General  Assembly,  it 
shall  become  part  of  said  law,  notwithstanding  the  objections  of 
the  Governor.  *Any  bill  which  shall  not  be  returned  by  the 
Governor  within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  shall  become  a  law  in  like  manner 
as  if  he  had  signed  it,  unless  the  General  Assembly  shall  by 
their  adjournment  prevent  its  return,  in  which  case  it  shall  be 
filed  with  his  objections  in  the  office  of  the  Secretary  of  State, 
within  ten  days  after  such  adjournment,  or  become  a  law.  [As 
amended,  Nov.  4,  1884;  the  substance  of  the  amendment  is  in- 
cluded between  the  two  asterisks.] 

LIEUTENANT  GOVERNOR 

§  17.  In  case  of  the  death,  conviction  on  impeachment,  fail- 
ure to  qualify,  resignation,  absence  from  the  State,  or  other  dis- 
ability of  the  Governor,  the  powers,  duties  and  emoluments  of 
the  office  for  the  residue  of  the  term,  or  until  the  disability  shall 
be  removed,  shall  devolve  upon  the  Lieutenant  Governor. 

§  18.  The  lieutenant  governor  shall  be  president  of  the  sen- 
ate, and  shall  vote  only  when  the  senate  is  equally  divided.  The 
senate  shall  choose  a  president,  pro  tempore,  to  preside  in  case 
of  the  absence  or  impeachment  of  the  lieutenant  governor,  or 
when  he  shall  hold  the  office  of  governor. 


Historical  Documents 


239 


§  19.     If  there  be  no  lieutenant  governor,  or  if  the  lieutenant    Other  provi- 
governor  shall,  for  any  of  the  causes  specified  in  section  seven-    sions  for  the 
teen  of  this  article,  become  incapable  of  performing  the  duties    succession, 
of  the  office,  the  president  of  the  senate  shall  act  as  governor 
until  the  vacancy  is  filled  or  the  disability  removed ;  and  if  the 
president  of  the  senate,  for  any  of  the  above  named  causes,  shall 
become  incapable  of  performing  the  duties  of  governor,  the 
same  shall  devolve  upon  the  speaker  of  the  house  of  representa- 
tives. 

§  20.     [Temporary  appointments  by  governor  to  fill  vacan- 
cies in  elective  offices.    Financial  reports.] 

§  21.    The  officers  of  the  executive  department,  and  of  all  the    Executive 
public  institutions  of  the  State,  shall,  at  least  ten  days  preceding   a«d  adminis- 
each  regular  session  of  the  general  assembly,  severally  report  to   tratlve  °ffi- 
the  governor,  who  shall  transmit  such  reports  to  the  general 
assembly,  together  with  the  reports  of  the  judges  of  the  supreme 
court  of  defects  in  the  constitution  and  laws ;  and  the  governor 
may  at  any  time  require  information,  in  writing,  under  oath, 
from  the  officers  of  the  executive  department,  and  all  officers 
and  managers  of  State  institutions,  upon  any  subject  relating  to 
the  condition   management  and  expenses  of  their  respective  of- 
fices. 

§  22.     [The  State  seal.] 


cers  report 
to  the 
governor. 


FEES  AND  SALARIES 

§  23.  The  officers  named  in  this  article  shall  receive  for  their 
services  a  salary,  to  be  established  by  law,  which  shall  not  be  in- 
creased or  diminished  during  their  official  terms,  and  they  shall 
not,  after  the  expiration  of  the  terms  of  those  in  office  at  the 
adoption  of  this  constitution,  receive  to  their  own  use  any  fees, 
costs,  perquisites  of  office,  or  other  compensation.  And  all  fees 
that  may  hereafter  be  payable  by  law  for  any  services  performed 
by  any  officer  provided  for  in  this  article  of  the  constitution, 
shall  be  paid  in  advance  into  the  State  treasury. 

§§  24-25.     [Office  defined.    Oath  of  office.] 


Pay  of 

State  offi- 


ARTICLE  VI.— JUDICIAL  DEPARTMENT 

Section  I.    The  judicial  powers,  except  as  in  this  article  is   Courts, 
otherwise  provided,  shall  be  vested  in  one  Supreme  Court,  cir- 
cuit courts,  county  courts,  justices  of  the  peace,  police  magis- 
trates, and  in  such  courts  as  may  be  created  by  law  in  and  for 
cities  and  incorporated  towns. 


240 


Appendix  B 


Organization 
and  juris- 
diction. 


Qualifica- 
tions of 
judges. 


Election  dis- 
tricts. 


Tenure  of 
office. 


Salaries. 


Legislature 
may  organ- 
ize appel- 
late courts. 


SUPREME  COURT 

§  2.  The  supreme  court  shall  consist  of  seven  judges,  and 
shall  have  original  jurisdiction  in  cases  relating  to  the  revenue, 
in  mandamus  and  habeas  corpus,  and  appellate  jurisdiction  in 
all  other  cases.  One  of  said  judges  shall  be  chief  justice;  four 
shall  constitute  a  quorum,  and  the  concurrence  of  four  shall  be 
necessary  to  every  decision. 

§  3.  No  person- shall  be  eligible  to  the  office  of  judge  of  the 
supreme  court  unless  he  shall  be  at  least  thirty  years  of  age,  and 
a  citizen  of  the  United  States,  nor  unless  he  shall  have  resided 
in  this  State  five  years  next  preceding  his  election,  and  be  a  resi- 
dent of  the  district  in  which  he  shall  be  elected. 

§  4.  [Provisions  regarding  "grand  divisions"  now  consoli- 
dated by  statute.] 

§  5.  ...  The  State  shall  be  divided  into  seven  districts 
for  the  election  of  judges,  and,  until  otherwise  provided  by  law, 
they  shall  be  as  follows :  [Here  follows  a  list  of  districts  with 
the  names  of  the  counties  included  in  each.] 

§  6.  ...  The  term  of  office  of  judges  of  the  Supreme 
Court,  elected  after  the  adoption  of  this  constitution,  shall  be 
nine  years,  and  on  the  first  Monday  of  June  of  the  year  in  which 
the  term  of  any  of  the  judges  in  office  at  the  adoption  of  this 
constitution  or  of  the  judges  then  elected,  shall  expire,  and 
every  nine  years  thereafter,  there  shall  be  an  election  for  the 
successor  or  successors  of  such  judges  in  the  respective  districts 
wherein  the  term  of  such  judges  shall  expire.  The  Chief  Jus- 
tice shall  continue  to  act  as  such  until  the  expiration  of  the  term 
for  which  he  was  elected,  after  which  the  judges  shall  choose 
one  of  their  number  Chief  Justice. 

§  7.  From  and  after  the  adoption  of  this  constitution,  the 
judges  of  the  Supreme  Court  shall  each  receive  a  salary  of  four 
thousand  dollars  per  annum,  payable  quarterly,  until  otherwise 
provided  by  law.  And  after  said  salaries  shall  be  fixed  by  law, 
the  salaries  of  the  judges  in  office  shall  not  be  increased  or 
diminished  during  the  terms  for  which  said  judges  shall  have 
been  elected. 

APPELLATE  COURTS 

§  ii.  After  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventy-four  inferior  appellate  courts,  of  uniform  or- 
ganization and  jurisdiction,  may  be  created  in  districts  formed 
for  that  purpose,  to  which  such  appeals  and  writs  of  error  as 
the  general  assembly  may  provide,  may  be  prosecuted  from  cir- 
cuit and  other  courts,  and  from  which  appeals  and  writs  of  error 


Historical  Documents 


241 


shall  lie  to  the  supreme  court,  in  all  criminal  cases,  and  cases  in 
which  a  franchise,  or  freehold,  or  the  validity  of  a  statute  is  in- 
volved, and  in  such  other  cases  as  may  be  provided  by  law. 
Such  appellate  courts  shall  be  held  by  such  number  of  judges  of 
the  circuit  courts,  and  at  such  times  and  places,  and  in  such 
manner  as  may  be  provided  by  law;  but  no  judge  shall  sit  in 
review  upon  cases  decided  by  him ;  nor  shall  said  judges  receive 
any  additional  compensation  for  such  services. 

CIRCUIT  COURTS 

§  12.     The  circuit  courts  shall  have  original  jurisdiction  of  all    Jurisdiction 
causes  in  law  and  equity,  and  such  appellate  jurisdiction  as  is  or    of  circuit 
may  be  provided  by  law,  and  shall  hold  two  or  more  terms  each   courts- 
year  in  every  county.     The  terms  of  office  of  judges  of  circuit 
courts  shall  be  six  years. 

[§§  13  and  15  provide  alternative  methods,  either  of  which 
may  be  adopted  by  the  general  assembly,  for  the  organization  of 
judicial  circuits  and  the  election  of  judges  by  the  qualified 
voters.] 

§  14.     The  general  assembly  shall  provide  for  the  times  of    Sessions, 
holding  court  in  each  county;  which  shall  not  be  changed,  ex-    Election  of 
cept  by  the  general  assembly  next  preceding  the  general  election    JucJscs- 
for  judges  of  said  courts ;  but  additional  terms  may  be  provided 
for  in  any  county.     The  election  for  judges  of  the  circuit  courts 
shall  be  held  on  the  first  Monday  in  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy-three,  and  every 
six  years  thereafter. 


§  16.  From  and  after  the  adoption  of  this  constitution,  judges  Salaries. 
of  the  circuit  courts  shall  receive  a  salary  of  three  thousand  dol- 
lars per  annum,  payable  quarterly,  until  otherwise  provided  by 
law,  and  after  their  salaries  shall  be  fixed  by  law  they  shall  not 
be  increased  or  diminished  during  the  terms  for  which  said 
judges  shall  be,  respectively,  elected ;  and  from  and  after  the 
adoption  of  this  constitution,  no  judge  of  the  Supreme  or  circuit 
court  shall  receive  any  other  compensation,  perquisite  or  benefit, 
in  any  form  whatsoever,  nor  perform  any  other  than  judicial 
duties  to  which  may  belong  any  emoluments. 

§  17.     No  person  shall  be  eligible  to  the  office  of  judge  of  the   Qualifica- 
circuit  or  any  inferior  court,  or  to  membership  in  the  "board  of    tions  of 
county  commissioners,"  unless  he  shall  be  at  least  twenty-five    Judses- 
years  of  age  and  a  citizen  of  the  United  States,  nor  unless  he 
shall  have  resided  in  this  State  five  years  next  preceding  his 
16 


242 


Appendix  B 


election,  and  be  a  resident  of  the  circuit,  county,  city,  cities  or 
incorporated  town  in  which  he  shall  be  elected. 


County 
courts  and 
their  juris- 
diction. 


Appeals. 


Probate 
courts  may 
be  organ- 
ized. 


Justices  and 
constables. 


State's  at- 
torneys. 


COUNTY  COURTS 

§  1 8.  There  shall  be  elected  in  and  for  each  county  one 
county  judge  and  one  clerk  of  the  county  court,  whose  term  of 
office  shall  be  four  years.  But  the  General  Assembly  may  create 
districts  of  two  or  more  contiguous  counties,  in  each  of  which 
shall  be  elected  one  judge,  who  shall  take  the  place  of  and  exer- 
cise the  powers  and  jurisdiction  of  county  judges  in  such  dis- 
tricts. County  courts  shall  be  courts  of  record,  and  shall  have 
original  jurisdiction  in  all  matters  of  probate,  settlement  of 
estates  of  deceased  persons,  appointment  of  guardians  and  con- 
servators and  settlements  of  their  accounts,  in  all  matters  relat- 
ing to  apprentices,  and  in  proceedings  for  the  collection  of  taxes 
and  assessments,  and  such  other  jurisdiction  as  may  be  pro- 
vided for  by  general  law. 

§  19.  Appeals  and  writs  of  error  shall  be  allowed  from  final 
determinations  of  county  courts,  as  may  be  provided  by  law. 

PROBATE  COURTS 

§  20.  The  General  Assembly  may  provide  for  the  establish- 
ment of  a  probate  court  in  each  county  having  a  population  of 
over  fifty  thousand,  and  for  the  election  of  a  judge  thereof, 
whose  term  of  office  shall  be  the  same  as  that  of  the  county 
judge,  and  who  shall  be  elected  at  the  same  time  and  in  the 
same  manner.  Said  couits,  when  established,  shall  have  orig- 
inal jurisdiction  of  all  probate  matters,  the  settlement  of  estates 
of  deceased  persons,  the  appointment  of  guardians  and  con- 
servators, and  settlement  of  their  accounts ;  in  all  matters  relat- 
ing to  apprentices,  and  in  cases  of  sales  of  real  estate  of  deceased 
persons  for  the  payment  of  debts. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES 

§  21.  Justices  of  the  peace,  police  magistrates  and  constables 
shall  be  elected  in  and  for  such  districts  as  are,  or  may  be,  pro- 
vided by  law,  and  the  jurisdiction  of  such  justices  of  the  peace 
and  police  magistrates  shall  be  uniform. 

STATE'S  ATTORNEYS 

§  22.  At  the  election  for  members  of  the  general  assembly  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy- 
two,  and  every  four  years  thereafter,  there  shall  be  elected  a 
State's  attorney  in  and  for  each  county,  in  lieu  of  the  State's 


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243 


attorneys  now  provided  by  law,  whose  terms  of  office  shall  be 
four  years. 


COURTS  OF  COOK  COUNTY 


§  23.  The  County  of  Cook  shall  be  one  judicial  circuit.  The 
circuit  court  of  Cook  county  shall  consist  of  five  judges,  until 
their  number  shall  be  increased  as  herein  provided.  The  pres- 
ent judge  of  the  recorder's  court  of  the  City  of  Chicago,  and  the 
present  judge  of  the  circuit  court  of  Cook  county,  shall  be  two 
of  said  judges,  and  shall  remain  in  office  for  the  terms  for  which 
they  were  respectively  elected,  and  until  their  successors  shall 
be  elected  and  qualified.  The  superior  court  of  Chicago  shall  be 
continued,and  called  the  "Superior  Court  of  Cook  County." 
The  general  assembly  may  increase  the  number  of  said  judges, 
by  adding  one  to  either  of  said  courts  for  every  additional  fifty 
thousand  inhabitants  in  said  county  over  and  above  a  popula- 
tion of  four  hundred  thousand.  The  terms  of  office  of  the 
judges  of  said  courts,  hereafter  elected,  shall  be  six  years. 

§§  24,  25.     [Miscellaneous  provisions  about  these  courts.] 

§  26.  The  recorder's  court  of  the  city  of  Chicago  shall  be 
continued,  and  shall  be  called  the  "Criminal  Court  of  Cook 
County."  It  shall  have  the  jurisdiction  of  a  circuit  court  in  all 
cases  of  criminal  and  quasi  criminal  nature,  arising  in  the  county 
of  Cook,  or  that  may  be  brought  before  said  court  pursuant  to 
law ;  and  all  recognizances  and  appeals  taken  in  said  county,  in 
criminal  and  quasi  criminal  cases,  shall  be  returnable  and  taken 
to  said  court.  It  shall  have  no  jurisdiction  in  civil  cases,  ex- 
cept in  those  on  behalf  of  the  people,  and  incident  to  such  crim- 
inal or  quasi  criminal  matters,  and  to  dispose  of  unfinished  busi- 
ness. The  terms  of  said  criminal  court  of  Cook  county  shall 
be  held  by  one  or  more  of  the  judges  of  the  circuit  or  superior 
court  of  Cook  county,  as  nearly  as  may  be  in  alternation,  as  may 
be  determined  by  said  judges,  or  provided  by  law.  Said  judges 
shall  be  ex  officio  judges  of  said  court. 

§  27.     [Clerks  of  these  courts.] 

§  28.  All  justices  of  the  peace  in  the  city  of  Chicago  shall  be 
appointed  by  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate  (but  only  upon  the  recommendation  of  a  majority 
of  the  judges  of  the  circuit,  superior  and  county  courts),  and 
for  such  districts  as  are  now  or  shall  hereafter  be  provided  by 
law.  They  shall  hold  their  offices  for  four  years,  and  until  their 
successors  have  been  commissioned  and  qualified,  but  they  may 
be  removed  by  summary  proceeding  in  the  circuit  or  superior 
court,  for  extortion  or  other  malfeasance.  Existing  justices  of 


Circuit  and 

Superior 

courts. 


"Criminal 
Court 
of  Cook 
County." 


Justices  of 
the  peace  in 
Chicago. 


244 


Appendix  B 


the  peace  and  police  magistrates  may  hold  their  offices  until  the 
expiration  of  their  respective  terms. 

§  29.     [Judges  commissioned  by  the  governor.    Laws  regu- 
lating courts  must  be  uniform.] 

Removal  of          §  30.     The  general  assembly  may,  for  cause  entered  on  the 
judges.  journals,  upon  due  notice  and  opportunity  of  defense,  remove 

from  office  any  judge,  upon  concurrence  of  three-fourths  of  all 
the  members  elected,  of  each  house.  All  other  officers  in  this 
article  mentioned  shall  be  removed  from  office  on  prosecution 
and  final  conviction  for  misdemeanor  in  office. 

§  31-     [Judges  to  report  defects  in  laws.] 

§  32.     [Miscellaneous  provisions  relating  to  the  judiciary.] 

§  33.     [Legal  formulas.] 

ARTICLE  VII.— SUFFRAGE 

Qualifica-  §  I.    Every  person  having  resided  in  this  State  one  year, 

tions  of  in  the  county  ninety  days  and  in  the  election  district  thirty 

voters.  days  next  preceding  any  election  therein,  who  was  an  elector  in 

this  State  on  the  first  day  of  April,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  forty-eight,  or  obtained  a  certificate 

of  naturalization,  before  any  court  of  record  in  this  State,  prior 

to  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  seventy,  or  who  shall  be  a  male  citizen  of  the 

United  States,  above  the  age  of  21  years,  shall  be  entitled  to 

vote  at  such  election. 

The  ballot.  §  2.    All  votes  shall  be  by  ballot. 

§  3.     [Privileges  of  electors.] 
§§  4,  5.     [Legal  residence  and  military  service.] 
§  6.     [Officeholders  must  be  citizens  and  residents.] 

Disqualifica-         §  7-     The  General  Assembly  shall  pass  laws  excluding  from 
tions.  the  right  of  suffrage  persons  convicted  of  infamous  crimes. 

ARTICLE  VIII.— EDUCATION 

Free  §  I.    The  General  Assembly  shall  provide  a  thorough  and 

schools.  efficient  system  of  free  schools  whereby  all  children  of  this  State 

may  receive  a  good  common  school  education. 
§  2.     [Faithful  application  of  school  funds.] 

No  grants  §  3.     Neither  the  General  Assembly  nor  any  county,  city, 

to  sectarian      town,  township,  school  district  or  other  public  corporation  shall 
institutions,      ever  make  any  appropriation  or  pay  from  any  public  fund  what- 
ever, anything  in  aid  of  any  church  or  sectarian  purpose,  or  to 
help  support  or  sustain  any  school,  academy,  seminary,  college, 
university  or  other  literary  or  scientific  institution,  controlled  by 


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245 


any  church  or  sectarian  denomination  whatever;  nor  shall  any 
grant  or  donation  of  land,  money  or  other  personal  property 
ever  be  made  by  the  State  or  any  such  public  corporation  to  any 
church  or  for  any  sectarian  purpose. 

§  4.     [School  officers  not  to  be  interested  in  text-books,  etc.] 
§  5.     There  may  be  a  county  superintendent  of  schools  in    County  su- 
each  county,  whose  qualifications,  powers,  duties,  compensation    perintendent. 
and  time  and  manner  of  election  and  term  of  office  shall  be  pre- 
scribed by  law. 


ARTICLE  IX.— REVENUE 

§  i.  The  general  assembly  shall  provide  such  revenue  as 
may  be  needful  by  levying  a  tax,  by  valuation,  so  that  every 
person  and  corporation  shall  pay  a  tax  in  proportion  to  the 
value  of  his,  her  or  its  property — such  value  to  be  ascertained 
by  some  person  or  persons  to  be  elected  or  appointed  in  such 
manner  as  the  general  assembly  shall  direct,  and  not  otherwise ; 
but  the  general  assembly  shall  have  power  to  tax  peddlers,  auc- 
tioneers, brokers,  hawkers,  merchants,  commission  merchants, 
showmen,  jugglers,  inn-keepers,  grocery-keepers,  liquor-dealers, 
toll-bridges,  ferries,  insurance,  telegraph  and  express  interests 
or  business,  venders  of  patents  and  persons  or  corporations 
owning  or  using  franchises  and  privileges,  in  such  manner  as  it 
shall  from  time  to  time  direct  by  general  law,  uniform  as  to  the 
class  upon  which  it  operates. 

§  2.  The  specification  of  the  objects  and  subjects  of  taxation 
shall  not  deprive  the  general  assembly  of  the  power  to  require 
other  subjects  or  objects  to  be  taxed,  in  such  manner  as  may  be 
consistent  with  the  principles  of  taxation  fixed  in  this  constitu- 
tion. 

§  3.     [Exemptions.] 

§§  4,  5.     [Rules  regarding  unpaid  taxes.] 

§  6.     [No  exemption  of  particular  localities.] 

§  7.  All  taxes  levied  for  State  purposes  shall  be  paid  into  the 
State  treasury. 

§  8.  County  authorities  shall  never  assess  taxes  the  aggre- 
gate of  which  shall  exceed  seventy-five  cents  per  one  hundred 
dollars  valuation,  except  for  the  payment  of  indebtedness  exist- 
ing at  the  adoption  of  this  constitution,  unless  authorized  by  a 
vote  of  the  people  of  the  county. 

§  9.  The  General  Assembly  may  vest  the  corporate  authori- 
ties of  cities,  towns  and  villages  with  power  to  make  local  im- 
provements by  special  assessment  or  by  special  taxation  of  con- 
tiguous property,  or  otherwise.  For  all  other  corporate  pur- 


General 

property 
tax. 
Special 
taxes. 


Other  taxes 
permissible. 


State  taxes. 

County 

taxes 

limited. 


Municipal 
taxation. 


246 


Appendix  B 


poses,  all  municipal  corporations  may  be  vested  with  authority 
to  assess  and  collect  taxes,  but  such  taxes  shall  be  uniform  in 
respect  to  persons  and  property  within  the  jurisdiction  of  the 
body  imposing  the  same. 

Local  in-  §  12.     No  county,  city,  township,  school  district,  or  other 

debtedness       municipal  corporation  shall  be  allowed  to  become  indebted  in 
limited.  any  manner  or  for  any  purpose  to  an  amount,  including  exist- 

ing indebtedness  in  the  aggregate  exceeding  five  per  centum  on 
the  value  of  the  taxable  property  therein,  to  be  ascertained  by 
the  last  assessment  for  State  and  county  taxes  previous  to  the 
incurring  of  such  indebtedness. 
§  13.     [Chicago  World's  Fair  bonds.    Amendment.     1890.] 

ARTICLE  X.— COUNTIES 

§§  1-4.     [Rules  regarding  organization  and  division  of  coun- 
ties and  removal  of  county  seats.] 

Township  §  5-     The  General  Assembly  shall  provide,  by  general  law, 

organization,  for  township  organization,  under  which  any  county  may  organ- 
ize whenever  a  majority  of  the  legal  voters  of  such  county,  vot- 
ing at  any  general  election,  shall  so  determine ;  and  whenever 
any  county  shall  adopt  township  organization,  so  much  of  this 
constitution  as  provides  for  the  management  of  the  fiscal  con- 
cerns of  the  said  county  by  the  board  of  county  commissioners, 
may  be  dispensed  with,  and  the  affairs  of  said  county  may  be 
transacted  in  such  manner  as  the  General  Assembly  may  pro- 
vide. And  in  any  county  that  shall  have  adopted  a  township 
organization,  the  question  of  continuing  the  same  may  be  sub- 
mitted to  a  vote  of  the  electors  of  such  county,  at  a  general  elec- 
tion, in  the  manner  that  now  is  or  may  be  provided  by  law ;  and 
if  a  majority  of  all  the  votes  cast  upon  that  question  shall  be 
against  township  organization,  then  such  organization  shall 
cease  in  said  county ;  and  all  laws  in  force  in  relation  to  coun- 
ties not  having  township  organization,  shall  immediately  take 
effect  and  be  in  force  in  such  county.  No  two  townships  shall 
have  the  same  name,  and  the  day  of  holding  the  annual  town- 
ship meeting  shall  be  uniform  throughout  the  State. 

County  com-  §  6.  At  the  first  election  of  county  judges  under  this  consti- 
missioners.  tution,  there  shall  be  elected  in  each  of  the  counties  in  this  State, 
not  under  township  organization,  three  officers,  who  shall  be 
styled,  "The  Board  of  County  Commissioners,"  who  shall  hold 
sessions  for  the  transaction  of  county  business  as  shall  be  pro- 
vided by  law.  One  of  said  commissioners  shall  hold  his  office 
for  one  year,  one  for  two  years,  and  one  for  three  years,  to  be 
determined  by  lot ;  and  every  year  thereafter  one  such  officer 


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247 


shall  be  elected  in  each  of  said  counties  for  the  term  of  three 
years. 

§  7.     The  county  affairs  of  Cook  county  shall  be  managed  by   Commission- 
a  board  of  commissioners  of  fifteen  persons,  ten  of  whom  shall    ers  °f  Cook 
be  elected  from  the  city  of  Chicago  and  five  from  towns  outside    county- 
of  said  city,  in  such  manner  as  may  be  provided  by  law. 


COUNTY  OFFICERS  AND  THEIR  COMPENSATION 

§  8.  In  each  county  there  shall  be  elected  the  following  Election 
county  officers,  at  the  general  election  to  be  held  on  the  Tuesday  of  county 
after  the  first  Monday  in  November,  A.  D.  1882:  A  county  officers, 
judge,  county  clerk,  sheriff  and  treasurer,  and  at  the  election  to 
be  held  on  the  Tuesday  after  the  first  Monday  in  November, 
A.  D.  1884,  a  coroner  and  clerk  of  the  circuit  court  (who  may 
be  ex  officio  recorder  of  deeds,  except  in  counties  having  60,000 
and  more  inhabitants,  in  which  counties  a  recorder  of  deeds 
shall  be  elected  at  the  general  election  in  1884).  Each  of  said 
officers  shall  enter  upon  the  duties  of  his  office,  respectively,  on 
the  first  Monday  of  December  after  his  election,  and  they  shall 
hold  their  respective  offices  for  the  term  of  four  years,  and  until 
their  successors  are  elected  and  qualified:  Provided,  that  no 
person  having  once  been  elected  to  the  office  of  sheriff  or  treas- 
urer, shall  be  eligible  to  re-election  to  said  office  for  four  years 
after  the  expiration  of  the  term  for  which  he  shall  have  been 
elected. 

§§  9-13-  [Miscellaneous  provisions  regarding  fees  and  other 
compensation  of  State  and  local  officers.] 

ARTICLE  XL— CORPORATIONS 

§  I.  No  corporation  shall  be  created  by  special  laws,  Corporations 
or  its  charter  extended,  changed  or  amended,  except  those  for  to  be  organ- 
charitable,  educational,  penal  or  reformatory  purposes,  which  ized  under 
are  to  be  and  remain  under  the  patronage  and  control  of  the 
State,  but  the  General  Assembly  shall  provide,  by  general  laws, 
for  the  organization  of  all  corporations  hereafter  to  be  created. 

§  2.     [Legal  effect  of  previous  special  legislation.] 

§  3.     [Election  of  directors  of  corporations.] 

§  4.  No  law  shall  be  passed  by  the  general  assembly  grant- 
ing the  right  to  construct  and  operate  a  street  railroad  within 
any  city,  town  or  incorporated  village,  without  requiring  the 
consent  of  the  local  authorities  having  the  control  of  the  street 
or  highway  proposed  to  be  occupied  by  such  street  railroad. 


general 
laws. 


Street  rail- 
ways. 


248 


Appendix  B 


Railroad 
corpora- 
tions. 


Banking  §  5-    No  State  bank  shall  hereafter  be  created,  nor  shall  the 

laws.  State  own  or  be  liable  for  any  stock  in  any  corporation  or  joint 

stock  company  or  association  for  banking  purposes  now  created, 
or  to  be  hereafter  created.  No  act  of  the  general  assembly  au- 
thorizing or  creating  corporations  or  associations  with  banking 
powers,  whether  of  issue,  deposit  or  discount,  nor  amendments 
thereto,  shall  go  into  effect  or  in  any  manner  be  in  force,  unless 
the  same  shall  be  submitted  to  a  vote  of  the  people  at  the  gen- 
eral election  next  succeeding  the  passage  of  the  same,  and  be 
approved  by  a  majority  of  all  the  votes  cast  at  such  election  for 
or  against  such  law. 

§  6.     [Individual  liability  of  stock-holders.] 
§  7.     [Suspension  of  specie  payments  forbidden.     Quarterly 
reports  required.] 

§  8.  [Necessary  provisions  of  a  general  banking  law.] 
§  9.  Every  railroad  corporation  organized  or  doing  business 
in  this  State,  under  the  laws  or  authority  thereof,  shall  have  and 
maintain  a  public  office  or  place  in  this  State  for  the  transaction 
of  its  business,  where  transfers  of  stock  shall  be  made,  and  in 
which  shall  be  kept,  for  public  inspection,  books  in  which  shall 
be  recorded  the  amount  of  capital  stock  subscribed,  and  by 
whom ;  the  names  of  the  owners  of  its  stock,  and  the  amounts 
owned  by  them  respectively ;  the  amount  of  stock  paid  in,  and 
by  whom ;  the  transfers  of  said  stock,  the  amount  of  its  assets 
and  liabilities,  and  the  names  and  place  of  residence  of  its  offi- 
cers. The  directors  of  every  railroad  corporation  shall  annually 
make  a  report,  under  oath,  to  the  Auditor  of  Public  Accounts, 
or  some  officer  to  be  designated  by  law,  all  of  their  acts  and 
doings,  which  report  shall  include  such  matters  relating  to  rail- 
roads as  may  be  prescribed  by  law.  And  the  General  Assembly 
shall  pass  laws  enforcing  by  suitable  penalties  the  provisions  of 
this  section. 

§  10.     [Taxation  of  railroad  property.] 
§  ii.     [Consolidation  of  competing  lines  forbidden.] 

Regulation  §  I2-     Railways  heretofore  constructed  or  that  may  hereafter 

of  railway  be  constructed  in  this  State,  are  hereby  declared  public  high- 
rates,  ways,  and  shall  be  free  to  all  persons  for  the  transportation  of 
their  persons  and  property  thereon,  under  such  regulations  as 
may  be  prescribed  by  law.  And  the  General  Assembly  shall, 
from  time  to  time,  pass  laws  establishing  reasonable  maximum 
rates  of  charges  for  the  transportation  of  passengers  and  freight 
on  the  different  railroads  in  this  State. 

§  13.     [Limitation  of  stock  and  bond  issues.] 

§  14.     [Eminent  domain.     Jury  trial  in  condemnation  cases.] 


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249 


§  15.     The  general  assembly  shall  pass  laws  to  correct  abuses  Unfair  rates 
and  prevent  unjust  discrimination  and  extortion  in  the  rates  of  to  be  pro- 
freight  and  passenger  tariffs  on  the  different  railroads  in  this  hibited 
State,  and  enforce  such  laws  by  adequate  penalties,  to  the  ex-  by  law. 
tent,  if  necessary  for  that  purpose,  of  forfeiture  of  their  prop- 
erty and  franchises. 

ARTICLE  XII.— MILITIA 

§  I.    The    militia    of   the    State    of    Illinois    shall    consist    Members  of 
of  all  able-bodied  male  persons,  resident  in  the  State,  between    the  militia, 
the  ages  of  eighteen  and  forty-five,  except  such  persons  as  now 
are  or  hereafter  may  be  exempted  by  the  laws  of  the  United 
States  or  of  this  State.. 

§  2.    The   general   assembly,   in   providing   for  the   organ-   Conformity 
ization,  equipment  and  discipline  of  the  militia,  shall  conform    to  Federal 
as  nearly  as  practicable  to  the  regulations  for  the  government  of   regulations, 
the  armies  of  the  United  States. 

§  3.    All  militia  officers  shall  be  commissioned  by  the  gov-    Commissions, 
ernor,  and  may  hold  their  commissions  for  such  time  as  the  gen- 
eral assembly  may  provide. 

§  4.     [Militiamen  privileged  from  arrest.] 

§  5.     [Military  memorials.] 

§  6.     [Exemptions.] 


ARTICLE  XIII.— WAREHOUSES 

§  I.  All  elevators  or  storehouses  where  grain  or  other 
property  is  stored  for  a  compensation,  whether  the  property 
stored  be  kept  separate  or  not,  are  declared  to  be  public  ware- 
houses. 

[§§  2,  3  and  6  of  this  article  provide  for  the  regulation  of  pub- 
lic warehouses.  §§  4-5  contain  regulations  regarding  railroads 
and  other  common  carriers  engaged  in  the  transportation  of 
grain.] 

§  7.  The  general  assembly  shall  pass  laws  for  the  inspection 
of  grain,  for  the  protection  of  producers,  shippers  and  receivers 
of  grain  and  produce. 

ARTICLE  XIV.    AMENDMENTS  TO  CONSTITUTION 

§  I.  Whenever  two-thirds  of  the  members  of  each 
house  of  the  general  assembly  shall,  by  a  vote  entered  upon  the 
journals  thereof,  concur  that  a  convention  is  necessary  to  revise, 
alter  or  amend  the  constitution,  the  question  shall  be  submitted 


Public  ware- 
houses. 


Inspection 
laws. 


Constitu- 
tional con- 
ventions. 


250  Appendix  B 

to  the  electors  at  the  next  general  election.  If  a  majority  vot- 
ing at  the  election  vote  for  a  convention,  the  general  assembly 
shall,  at  the  next  session,  provide  for  a  convention,  to  consist  of 
double  the  number  of  members  of  the  senate,  to  be  elected  in  the 
same  manner,  at  the  same  places,  and  in  the  same  districts.  The 
general  assembly  shall,  in  the  act  calling  the  convention,  desig- 
nate the  day,  hour  and  place  of  its  meeting,  fix  the  pay  of  its 
members  and  officers,  and  provide  for  the  payment  of  the  same, 
together  with  the  expenses  necessarily  incurred  by  the  conven- 
tion in  the  performance  of  its  duties.  Before  proceeding,  the 
members  shall  take  an  oath  to  support  the  constitution  of  the 
United  States,  and  of  the  State  of  Illinois,  and  to  faitnfully  dis- 
charge their  duties  as  members  of  the  convention.  The  quali- 
fication of  members  shall  be  the  same  as  that  of  members  of  the 
senate,  and  vacancies  occurring  shall  be  filled  in  the  manner  pro- 
vided for  filling  vacancies  in  the  general  assembly.  Said  con- 
vention shall  meet  within  three  months  after  such  election,  and 
prepare  such  revision,  alteration  or  amendments  of  the  consti- 
tution as  shall  be  deemed  necessary,  which  shall  be  submitted  to 
the  electors  for  their  ratification  or  rejection  at  an  election  ap- 
pointed by  the  convention  for  that  purpose,  not  less  than  two 
nor  more  than  six  months  after  the  adjournment  thereof;  and 
unless  so  submitted,  and  approved  by  a  majority  of  the  electors 
voting  at  the  election,  no  such  revision,  alteration  or  amend- 
ments shall  take  effect. 

Amend-  §  2.    Amendments  to  this  constitution  may  be  proposed  in 

merits  pro-  either  house  of  the  General  Assembly,  and  if  the  same  shall  be 
posed  by  the  voted  for  by  two-thirds  of  all  the  members  elected  to  each  of 
legislature.  ^  twQ  nouseS)  sucn  proposed  amendments,  together  with  the 
yeas  and  nays  of  each  house  thereon,  shall  be  entered  in  full  on 
their  respective  journals,  and  said  amendments  shall  be  sub- 
mitted to  the  electors  of  this  State  for  adoption  or  rejection,  at 
the  next  election  of  members  of  the  General  Assembly,  in  such 
manner  as  may  be  prescribed  by  law.  The  proposed  amend- 
ments shall  be  published  in  full  at  least  three  months  preceding 
the  election,  and  if  a  majority  of  the  electors  voting  at  said  elec- 
tion shall  vote  for  the  proposed  amendments,  they  shall  become 
a  part  of  this  constitution.  But  the  General  Assembly  shall 
have  no  power  to  propose  amendments  to  more  than  one  article 
of  this  constitution  at  the  same  session  nor  to  the  same  article 
oftener  than  once  in  four  years. 


Historical  Documents 


251 


SECTIONS  SEPARATELY  SUBMITTED 

ILLINOIS  CENTRAL  RAILROAD 

No  contract,  obligation  or  liability  whatever,  of  the  Illinois 
Central  railroad  company  to  pay  any  money  into  the  State  treas- 
ury, nor  any  lien  of  the  State  upon,  or  right  to  tax  property  of 
said  company,  in  accordance  with  the  provisions  of  the  charter 
of  said  company,  approved  February  tenth,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-one,  shall  ever  be 
released,  suspended,  modified,  altered,  remitted,  or  in  any  man- 
ner diminished  or  impaired  by  legislative  or  other  authority; 
and  all  moneys  derived  from  said  company,  after  the  payment 
of  the  State  debt,  shall  be  appropriated  and  set  apart  for  the 
payment  of  the  ordinary  expenses  of  the  State  government,  and 
for  no  other  purposes  whatever. 

MINORITY  REPRESENTATION 
[See  sections  7  and  8,  Article  IV.] 

MUNICIPAL  SUBSCRIPTIONS  TO  RAILROAD  OR  PRIVATE  CORPORATIONS 

No  county,  city,  town,  township,  or  other  municipality,  shall 
ever  become  subscriber  to  the  capital  stock  of  any  railroad  or 
private  corporation,  or  make  donation  to  or  loan  its  credit  in  aid 
of  such  corporation :  Provided,  however,  that  the  adoption  of 
this  article  shall  not  be  construed  as  affecting  the  right  of  any 
such  municipality  to  make  such  subscriptions  where  the  same 
have  been  authorized,  under  existing  laws,  by  a  vote  of  the  peo- 
ple of  such  municipalities  prior  to  such  adoption. 

CANAL 

The  Illinois  and  Michigan  Canal  shall  never  be  sold  or  leased 
until  the  specific  proposition  for  the  sale  or  lease  thereof  shall 
first  have  been  submitted  to  a  vote  of  the  people  of  the  State,  at 
a  general  election,  and  have  been  approved  by  a  majority  of  all 
the  votes  polled  at  such  election.  The  general  assembly  shall 
never  loan  the  credit  of  the  State,  or  make  appropriations  from 
the  treasury  thereof,  in  aid  of  railroads  or  canals :  Provided, 
that  any  surplus  earnings  of  any  canal  may  be  appropriated  for 
its  enlargement  or  extension. 

[Then  follows  the  Schedule,  the  provisions  of  which  relate 
for  the  most  part  to  the  method  of  voting  on  the  new  constitu- 
tion and  the  manner  in  which  its  various  provisions  are  to  be 
put  into  operation.] 


Liabilities 
of  the  Illi- 
nois Central 
not  to  be 
released. 


Local 

governments 
not  to  sub- 
scribe to 
stock  of 
private 
corporations. 


The  Illinois 
and  Michi- 
gan Canal. 


252  Appendix  B 

Amendment  The  following  constitutional  amendment  was  submitted  by 

proposed  the  General  Assembly  of  1903  to  a  vote  of  the  people  at  the  gen- 

1903,  eral  election  of  November,  1904: 

authorizing  Resolved,  That  Article  IV.  of  the  Constitution  of  this  State 

consolidation    ,  ijijj-^i  ^  i_  i_jj 

of  local  be  amended  by  adding  thereto  a  section  to  be  numbered  and 

governments    known  as  Section  34  and  reading  as  follows,  to  wit : 
in  Chicago  SECTION  34.    The  General  Assembly  shall  have  power,  sub- 

and  other         ject  to  the  conditions  and  limitations  hereinafter  contained  to 
special  pass  anv  }aw  (local,  special  or  general)  providing  a  scheme  or 

legislation.  charter  of  local  municipal  government  for  the  territory  now  or 
hereafter  embraced  within  the  limits  of  the  city  of  Chicago. 
The  law  or  laws  so  passed  may  provide  for  consolidating  (in 
whole  or  in  part)  in  the  municipal  government  of  the  city  of 
Chicago,  the  powers  now  vested  in  the  city,  board  of  education, 
township,  park  and  other  local  governments  and  authorities 
having  jurisdiction  confined  to  or  within  said  territory,  or  any 
part  thereof,  and  for  the  assumption  by  the  city  of  Chicago  of 
the  debts  and  liabilities  (in  whole  or  in  part)  of  the  govern- 
ments or  corporate  authorities  whose  functions  within  its  terri- 
tory shall  be  vested  in  said  city  of  Chicago,  and  may  authorize 
said  city,  in  the  event  of  its  becoming  liable  for  the  indebtedness 
of  two  or  more  of  the  existing  municipal  corporations  lying 
wholly  within  said  city  of  Chicago,  to  become  indebted  to  an 
amount  (including  its  existing  indebtedness  and  the  indebted- 
ness of  all  municipal  corporations  lying  wholly  within  the  limits 
of  said  city,  and  said  city's  proportionate  share  of  the  indebted- 
ness of  said  county  and  sanitary  district,  which  share  shall  be 
determined  in  such  manner  as  the  General  Assembly  shall  pre- 
scribe) in  the  aggregate  not  exceeding  five  per  centum  of  the 
full  value  of  the  taxable  property  within  its  limits,  as  ascer- 
tained by  the  last  assessment  either  for  State  or  municipal  pur- 
poses previous  to  the  incurring  of  such  indebtedness,  (but  no 
new  bonded  indebtedness,  other  than  for  refunding  purposes, 
shall  be  incurred  until  the  proposition  therefor  shall  be  con- 
sented to  by  a  majority  of  the  legal  voters  of  said  city  voting  on 
the  question  at  any  election,  general,  municipal  or  special)  ;  and 
may  provide  for  the  assessment  of  property  and  the  levy  and 
collection  of  taxes  within  said  city  for  corporate  purposes  in 
accordance  with  the  principles  of  equality  and  uniformity  pre- 
scribed by  this  Constitution ;  and  may  abolish  all  offices,  the 
functions  of  which  shall  be  otherwise  provided  for;  and  may 
provide  for  the  annexation  of  territory  to  or  disconnection  of 
territory  from  said  city  of  Chicago  by  the  consent  of  a  majority 
of  the  legal  voters  (voting  on  the  question  at  any  election,  gen- 


Historical  Documents  253 

e,ral,  municipal  or  special)  of  the  said  city  and  of  a  majority  of 
the  voters  of  such  territory,  voting  on  the  question  at  any  elec- 
tion, general,  municipal  or  special ;  and  in  case  the  General  As- 
sembly shall  create  municipal  courts  in  the  city  of  Chicago  it 
may  abolish  the  offices  of  Justices  of  the  Peace,  Police  Magis- 
trates and  Constables  in  and  for  the  territory  within  said  city, 
and  may  limit  the  jurisdiction  of  Justices  of  the  Peace  in  the 
territory  of  said  county  of  Cook  outside  of  said  city  to  that  ter- 
ritory, and  in  such  case  the  jurisdiction  and  practice  of  said 
municipal  courts  shall  be  such  as  the  General  Assembly  shall 
prescribe ;  and  the  General  Assembly  may  pass  all  laws  which 
it  may  deem  requisite  to  effectually  provide  a  complete  system 
of  local  municipal  government  in  and  for  the  city  of  Chicago. 

No  law  based  upon  this  amendment  to  the  Constitution,  af-    Such  legis- 
fecting  the  municipal  government  of  the  city  of  Chicago,  shall    lation  must 
take  effect  until  such  law  shall  be  consented  to  by  a  majority  of   be  submitted 
the  legal  voters  of  said  city  voting  on  the  question  at  any  elec-    to  the  vpters 
tion,  general,  municipal  or  special;  and  no  local  or  special  law   ° . 1  ef  1S' 
based  upon  this  amendment  affecting  specially  any  part  of  the    fecte<j 
city  of  Chicago  shall  take  effect  until  consented  to  by  a  major- 
ity of  the  legal  voters  of  such  part  of  said  city  voting  on  the 
question  at  any  election,  general,  municipal  or  special.     Noth- 
ing in  this  section  contained  shall  be  construed  to  repeal,  amend 
or  affect  section  four  (4)  of  Article  XI.  of  the  Constitution  of 
this  State. 


84- 


APPENDIX  C 

POLITICAL  DIVISIONS  OF  THE  STATE 

COUNTIES  IN  THE  ORDER  OF  THEIR  ERECTION 


[Counties  whose  present  areas  lie  wholly  south  of  Springfield,  or  prac- 
tically so,  are  indicated  by  italics.  The  fourteen  northern  counties  are  in- 
dicated by  asterisks.  The  counties  without  township  organization  are 
marked  thus  t  See  Blue  Book  of  the  Slate  of  Illinois,  190.3,  pp.  379-380.] 


Name 

Date  of 
Organ- 
ization 

Area, 
Square 
Miles 

Name 

Date  of 
Organ- 
ization 

Area, 
Square 
Miles 

i  St   Clair  

680 

1825 

1795 

560 

44   Vermilion  

1826 

882 

1812 

1826 

c76 

1812 

46  Shelby  

1827 

1812 

1827 

1814 

48  Tazewell  

!827 

7  White  

1815 

1827 

1816 

380 

1829 

864 

1816 

580 

1829 

580 

tio  Pope  

1816 

1830 

1816 

1830 

1817 

380 

1831 

890 

1818 

1831 

1818 

1831 

1818 

1831 

486 

1819 

1831 

484 

17   Clark  

1819 

1833 

1008 

1819 

466 

1833 

1819 

$!  \vill      

1836 

850 

182 

*62  Kane  

1836 

182 

1836 

612 

182 

g7e 

1836 

23  Pike  

182 

7rg 

*6S  Whiteside  

1836 

676 

24  Hamilton  

182 

*66  Winnebago  

1836 

25  Montgomery  

182 
182 

740 

67  Livingstone  

1837 

1877 

1026 
846 

1823 

C7fi 

1837 

28  Fulton  

1823 

864 

1837 

288 

29  Edgar  

1823 

*7i   DeKalb  

1837 

1823 

563 

1837 

573 

3  1    Clay  

1824 

466 

1839 

1824 

^8? 

1810 

oO6 

J33  Wabash  

1824 
1825 

220 

*75  DuPage  

1839 

1839 

340 

1825 

830 

1839 

1825 

780 

1839 

311 

1825 

g2c 

t79  Scott  •  

1839 

1825 

*8o  Carroll  ........ 

1839 

1825 

*8i   Lee  

1839 

728 

1825 

1839 

360 

1825 

1839 

42  Schuyler  

1825 

84   DeWitt  

1839 

440 

254 


Political  Divisions 


255 


Appendix  C 
84.    COUNTIES  IN  THE  ORDER  OF  THEIR  ERECTION  (Confd) 


Name 

Date  of 
Organ- 
ization 

Area, 
Square 
Miles 

Name 

Date  of 
Organ- 
ization 

Area, 
Square 
Miles 

*8$  Lake  

1810 

«6 

1839 

180 

1843 

87  Stark  

1839 

1843 

"t88  Henderson.  

1841 

180 

1843 

1841 

1843 

1841 

rig 

1847 

1841 

1851 

680 

1841 

1857 

1841 

380 

1859 

580 

256 


Appendix  C 


85.     SENATORIAL  DISTRICTS 

f  Each  district  is  entitled  to  one  senator  and  three  representatives  in  the 
general  assembly.  See  Blue  Book  of  the  State  of  Illinois,  1903,  p.  289-291.  and 
Kurd,  Revised  Statutes,  1903,  ch.  46,  \  152.] 


Senatorial  Districts        Counties 

I-  VII,  IX,  XI,  ] 
XIII,  XV. 
XVII.  XIX.      1   r     . 
XXI,  XXIII.     f  Look 
XXV.  XXVII. 
XXIX.  XXXI    . 

f  Lake 
VIII  \   McHenry 

Senatorial  Districts        Counties 
(Scott 
Calhoun 
Pike 
Adams 
(  Henry 
XXXVII  ...  X   Bureau 
I  Stark 
(Greene 

(.  Boone 
X                           1  Ogle 

JIersety°mery 

•  (  Winnebago 

f  Stephenson 
XII    \   Jo  Daviess 

XXXIX    ....  LaSalle 
(Christian 

(  Carroll 

Shelby 

"VTV                        /  Kane 
X1V   1  Kendall 

Cumberland 
XLI                     .  {  ^,,Page 

Putnam 

I  Will 
1  Clinton 

Livingston 
Woodford 

XVIII  Peoria 

Marion 
Clay 

Effir.gham 

f  Kankakee 
XX     -<   Grundy 

VT  TTT                         -f   Knox 

XL111  ....  |  Fulton 

1.  Iroquois 
V-VTT                      /  Vermilion 

xxii    ....  |  Edgar 

(  Champaign 
XXIV    .'....-I  Piatt 

f  Washington 
Randolph 
XLIV    ....•!   Perry 
Monroe 
I  Jackson 

XLV.                 .  (  Mor^an 

•V-V-ITT                    f  McLean 

xxvi  ....  |  Ford 

(  Logan 
XXVIII    .    .    .  -<  DeWitt 
(  Macon 

(Tazewell 
Mason 
Menard 
Cass 
1  Brown 
(.  Schuyler 

f  McDonough 
XXXII  .    .    .    .  -j   Hancock 

(  Sangamon 
(J  eff  erson 
Wayne 
Richland 
Jasper 

VT  -,7TT                   f  Madison 
XLVII  ....  |  Bond 

Hardin 
Gallatin 
White 
XLVIII    .    .    .  J   Edwards 
W  abash 
Lawrence 
.  Crawford 

XLIX    St.  Clair 

f  Rock  Island 
XXXIII    .    .    .  •<   Mercer 

f  Franklin 
Williamson 

f  Douglas 
XXXIV     .    .    .  •{   Coles 
I  Clark 

f  Whiteside 
XXXV.    .    .    .4  Lee 
I  DeKalb 

Alexander 
I  Pulaski 
1  Hamilton 
Saline 
Pope 
Johnson 
Massac 

Political  Divisions  257 

86.    JUDICIAL  DISTRICTS  AND  CIRCUITS 

[See  Blue  Book  of  the  State  of  Illinois,  1903,  pp.  7-17.] 

A.    JUDICIAL  DISTRICTS.    SUPREME  COURT 

First  District. — Counties  of  St.  Clair,  Clinton,  Washington,  Jef- 
ferson, Wayne,  Edwards,  Wabash,  White,  Hamilton,  Frank- 
lin, Perry,  Randolph,  Monroe,  Jackson,  Williamson,  Saline, 
Gallatin,  Hardin,  Pope,  Union,  Johnson,  Alexander,  Pu- 
laski,  and  Massac. 

Second  District. — Counties  of  Madison,  Bond,  Marion,  Clay, 
Richland,  Lawrence,  Crawford,  Jasper,  Effingham,  Fayette, 
Montgomery,  Macoupin,  Shelby,  Cumberland,  Clark,  Greene, 
Jersey,  Calhoun,  Christian,  Pike,  and  Scott. 

Third  District. — Counties  of  Sangamon,  Macon,  Logan,  De 
Witt,  Piatt,  Douglas,  Champaign,  Vermilion,  McLean,  Liv- 
ingston, Ford,  Iroquois,  Coles,  Edgar,  Moultrie,  and  Taze- 
well. 

Fourth  District. — Counties  of  Rock  Island,  Mercer,  Warren, 
Henderson,  Fulton,  McDonough,  Hancock,  Schuyler, 
Brown,  Adams,  Mason,  Menard,  Morgan,  and  Cass. 

Fifth  District. — Counties  of  Knox,  Henry,  Stark,  Peoria,  Mar- 
shall, Putnam,  Bureau,  La  Salle,  Grundy,  and  Woodford. 

Sixth  District. — Counties  of  Whiteside,  Carroll,  Jo  Daviess, 
Stephenson,  Winnebago,  Boone,  McHenry,  Kane,  Kendall, 
De  Kalb,  Lee,  and  Ogle. 

Seventh  District. — Counties  of  Lake,  Cook,  Will,  Kankakee,  and 
DuPage. 

B.    JUDICIAL  DISTRICTS.    APPELLATE  COURTS 

First  District. — County  of  Cook. 

Second  District. — Counties  of  Boone,  Bureau,  Carroll,  DeKalb, 
DuPage,  Grundy,  Henderson,  Henry,  Iroquois,  Jo  Daviess, 
Kane,  Kankakee,  Kendall,  Knox,  Lake,  LaSalle,  Lee,  Liv- 
ingston, Marshall,  McHenry,  Mercer,  Ogle,  Peoria,  Put- 
nam, Rock  Island,  Stark,  Stephenson,  Warren,  Whiteside, 
Will,  Winnebago,  and  Woodford. 

Third  District. — Counties  of  Adams,  Brown,  Calhoun,  Cass, 
Champaign,  Christian,  Clark,  Coles,  Cumberland,  De  Witt, 
Douglas,  Edgar,  Ford,  Fulton,  Greene,  Hancock,  Jersey, 
Logan,  Macon,  Macoupin,  Mason,  McDonough,  McLean, 
Menard,  Montgomery,  Morgan,  Moultrie,  Piatt,  Pike,  San- 
gamon, Schuyler,  Scott,  Shelby,  Tazewell,  and  Vermilion. 


258  Appendix  C 

Fourth  District. — Counties  of  Alexander,  Bond,  Clay,  Clinton, 
Crawford,  Edwards,  Effingham,  Fayette,  Franklin,  Gallatin, 
Hamilton,  Hardin,  Jackson,  Jasper,  Jefferson,  Johnson, 
Lawrence,  Madison,  Marion,  Massac,  Monroe,  Perry,  Pope, 
Pulaski,  Randolph,  Richland,  Saline,  St.  Clair,  Union,  Wa- 
bash,  Washington,  Wayne,  White,  and  Williamson. 

C.    JUDICIAL  CIRCUITS 

First  Circuit. — Counties  of  Alexander,  Pulaski,  Massac,  Pope, 
Johnson,  Union,  Jackson,  Williamson,  and  Saline. 

Second  Circuit. — Counties  of  Hardin,  Gallatin,  White,  Hamil- 
ton, Franklin,  Wabash,  Edwards,  Wayne,  Jefferson,  Rich- 
land,  Lawrence,  and  Crawford. 

Third  Circuit. — Counties  of  Randolph,  Monroe,  St.  Clair,  Madi- 
son, Bond,  Washington,  and  Perry. 

Fourth  Circuit. — Counties  of  Clinton,  Marion,  Clay,  Fayette, 
Effingham,  Jasper,  Montgomery,  Shelby,  and  Christian. 

Fifth  Circuit. — Counties  of  Vermilion,  Edgar,  Clark,  Cumber- 
land, and  Coles. 

Sixth  Circuit. — Counties  of  Champaign,  Douglas,  Moultrie, 
Macon,  De  Witt,  and  Piatt. 

Seventh  Circuit. — Counties  of  Sangamon,  Macoupin,  Morgan, 
Scott,  Greene  and  Jersey. 

Eighth  Circuit. — Counties  of  Adams,  Schuyler,  Mason,  Cass, 
Brown,  Pike,  Calhoun,  and  Menard. 

Ninth  Circuit. — Counties  of  Knox,  Warren,  Henderson,  Han- 
cock, McDonough,  and  Fulton. 

Tenth  Circuit. — Counties  of  Peoria,  Marshall,  Putnam,  Stark, 
and  Tazewell. 

Eleventh  Circuit. — Counties  of  McLean,  Livingston,  Logan, 
Ford,  and  Woodford. 

Twelfth  Circuit. — Counties  of  Will,  Kankakee,  and  Iroquois. 

Thirteenth  Circuit. — Counties  of  Bureau,  La  Salle,  and  Grundy. 

Fourteenth  Circuit. — Counties  of  Rock  Island,  Mercer,  White- 
side,  and  Henry. 

Fifteenth  Circuit. — Counties  of  Jo  Daviess,  Stephenson,  Carroll, 
Ogle,  and  Lee. 

Sixteenth  Circuit. — Counties  of  Kane,  DuPage,  De  Kalb,  and 
Kendall. 

Seventeenth    Circuit. — Counties   of   Winnebago,    Boone,    Mc- 

Henry,  and  Lake. 
Cook  County  constitutes  a  distinct  judicial  circuit,  in  addition 

to  those  above  named. 


APPENDIX  D 

SYNOPTICAL  REVIEW  OF  THE  STATE  GOVERNMENT 

87.    THE  CENTRAL  GOVERNMENT  OF  THE  STATE 

I.  Legislative  Department. 

1.  Senate, — fifty-one  (51)  members,  one  elected  from  each 

senatorial  district  for  a  term  of  four  years,  one-half 
the  membership  retiring  every  two  years.  (Const., 
iv.  §  6.) 

2.  House  of  Representatives, — one  hundred  and  fifty-three 

(153)  members,  three  elected  from  each  senatorial  dis- 
trict for  two  years  on  the  plan  of  minority  representa- 
tion. (Const.,  iv.  §§  7-8.) 

II.  Executive  Department. 

1.  Principal  Executive  Officers, — elected  by  the  people.. 

(Const.,  v.) 
Elected  for  four  years : 

( i ) .     Governor. 

(2).    Lieutenant  Governor. 

(3).     Secretary  of  State. 

(4).     Auditor  of  Public  Accounts. 

(5).     Superintendent  of  Public  Instruction. 

(6).     Attorney  General. 

Elected  for  two  years  and  ineligible  for  two  years  fol- 
lowing : 

(7).    Treasurer. 

2.  Administrative  Officers,  Boards,  and  Commissions. 

FINANCE 

(i).    Commissioners  of  State  Contracts, — four  ex  of- 
ficio  members,  viz.,  attorney  general,  secretary 
of  state,  auditor  of  public  accounts,  treasurer. 
(Kurd,  Revised  Statutes,  ch.  127.) 
259 


260  Appendix  D 

(2).  State  Board  of  Equalization, — twenty-six  mem- 
bers in  1905,  the  auditor  of  public  accounts  ex 
ofUcio,  and  twenty-five  members  elected  by  the 
people,  one  from  each  Congressional  district, 
for  four  years.  (Kurd,  Revised  Statutes,  ch. 
120,  §§  100,  101.) 

MILITARY  AFFAIRS 

(3).  Adjutant  General, — appointed  by  the  governor. 
{Military  and  Naval  Code,  approved  May  14, 
1903,  Art.  III. ;  Hurd,  Revised  Statutes,  ch. 

129,  §§  33-4I-) 

(4).  Inspector  General  and  other  minor  staff  officers, 
— appointed  by  the  governor.  {Military  and 
Naval  Code,  Art.  II. ;  Hurd,  Revised  Statutes, 
ch.  129,  §§  4-32.) 

PUBLIC  SAFETY 

[Some  administrative  officers  listed  under  Commer- 
cial and  Industrial  Interests  belong,  partly  at  least,  also 
under  this  head.] 

(5).     State    Board   of   Health, — seven   members   ap- 
pointed for  seven  years,  one  retiring  each  year. 
(Hurd,  Revised  Statutes,  ch.  I26a.) 
(6).     State  Board   of   Pharmacy, — five  members  ap- 
pointed for  five  years,  one  retiring  each  year. 
(Hurd,  Revised  Statutes,  ch.  91,  §§  19-34.) 
(7).     State     Food     Commission, — one     commissioner 
(with  assistant  commissioners)  appointed  for 
four    years.     (Hurd,    Revised    Statutes,    ch. 

I27b.) 

(8).  State  Board  of  Dental  Examiners, — five  mem- 
bers appointed  for  five  years,  one  retiring  each 
year.  (Hurd,  Revised  Statutes,  ch.  91,  §§  35- 

44-) 

(9).  State  Board  of  Examiners  of  Architects, — five 
members  appointed  for  four  years.  (Hurd, 
Revised  Statutes,  ch.  loa.) 

PROTECTION  OF  ANIMAL  LIFE 

(10).  Board  of  Fish  Commissioners, — three  commis- 
sioners appointed  for  three  years,  one  retiring 
each  year.  (Hurd,  Revised  Statutes,  ch.  56.) 


Synoptical  Review  261 

(n).  State  Game  Commissioner, — appointed  by  the 
governor  and  holds  office  during  the  term  of 
that  governor  or  until  his  successor  is  ap- 
pointed. (Hurd,  Revised  Statutes,  ch.  61.) 

(12).  Officers  to  enforce  the  law  for  the  prevention  of 
cruelty  to  animals, — three  officers  appointed 
for  two  years,  one  each  for  Chicago,  Peoria, 
and  East  St.  Louis.  (Hurd,  Revised  Statutes, 
ch.  8.) 

CHARITIES  AND  CORRECTIONS 

(13).  Board  of  State  Commissioners  of  Public  Char- 
ities,— five  commissioners  appointed  for  five 
years,  one  retiring  each  year.  (Hurd,  Re- 
vised Statutes,  ch.  23.) 

The  following  charitable  institutions,  (14) -(25),  are 
each  under  the  supervision  of  a  distinct  board  of  trus- 
tees, each  composed  of  three  trustees  appointed  for  six 
years,  one  trustee  retiring  every  two  years.  (Hurd,  Re- 
vised Statutes,  ch.  23.) 

(14).    The  Illinois  Central  Hospital  for  the  Insane,  at 

Jacksonville. 
(15).    The  Illinois  Northern  Hospital  for  the  Insane,  at 

Elgin. 
(16).    The  Illinois  Southern  Hospital  for  the  Insane,  at 

Anna. 
(17).    The  Illinois  Western  Hospital  for  the  Insane,  at 

Watertown. 
(18).    The  Illinois  Eastern  Hospital  for  the  Insane,  at 

Kankakee. 
(19).    The  Illinois  Asylum  for  the  Incurable  Insane,  at 

Bartonville. 

(20).    Illinois  School  for  the  Deaf,  at  Jacksonville. 
(21).     The  Illinois  Institution  for  the  Education  of  the 

Blind,  at  Jacksonville. 

(22).    The  Illinois  Asylum  for  the  Feeble-Minded  Chil- 
dren, at  Lincoln. 
(23).     The  Illinois  Charitable  Eye  and  Ear  Infirmary, 

at  Chicago. 
(24).     The     Illinois     Soldiers'     Orphans'     Home,     at 

Normal. 
(25).     Soldiers'  and  Sailors'  Home. 


262  Appendix  D 

(26).  Trustees  of  the  Illinois  Industrial  Home  for  the 
Blind,  at  Chicago, — five  trustees  appointed  for 
two  years.  (Kurd,  Revised  Statutes,  ch.  23, 
§§  92-103.) 

(27).  Trustees  of  the  Soldiers'  Widows'  Home,  at 
Wilmington, — five  trustees  appointed  for  four 
years.  (Hurd,  Revised  Statutes,  ch.  23,  §§ 
127-139.) 

(28).  Commissioners  of  the  Illinois  State  Penitentiary, 
at  Joliet, — three  commissioners  appointed  for 
six  years,  one  commissioner  retiring  every  two 
years.  (Hurd,  Revised  Statutes,  ch.  108.) 

(29).  The  Commissioners  of  the  Southern  Illinois  Pen- 
itentiary, at  Chester, — three  commissioners  ap- 
pointed for  six  years,  one  commissioner  retir- 
ing every  two  years.  (Hurd,  Revised  Stat- 
utes, ch.  108.) 

(30).  Board  of  Managers  of  the  Illinois  State  Reform- 
atory, at  Pontiac, — five  managers  appointed  for 
ten  years,  one  manager  retiring  every  two 
years.  (Hurd,  Revised  Statutes,  ch.  118.) 

(31).  Trustees  of  the  State  Home  for  Juvenile  Female 
Offenders,  at  Geneva, — five  trustees  appointed 
for  three  years.  (Hurd,  Revised  Statutes,  ch. 
23,  §§  216-244.) 

(32).  Trustees  of  the  State  Home  for  Delinquent  Boys, 
at  St.  Charles, — seven  trustees  appointed  for 
three  years.  (Hurd,  Revised  Statutes,  ch.  23, 

§§  191-215.) 

(33).  Board  of  Pardons, — three  members  appointed 
for  three  years.  (Hurd,  Revised  Statutes,  ch. 
1043.) 

AGRICULTURAL  INTERESTS 

(34).  State  Board  of  Agriculture, — a  president,  a  vice- 
president  at  large,  and  twenty-five  other  vice- 
presidents,  one  from  each  congressional  dis- 
trict, elected  annually  by  delegates  of  the 
county  agricultural  societies.  (Hurd,  Revised 
Statutes,  ch.  5,  §§  i-:6a.) 

(35)-  Board  of  Directors  of  the  Illinois  Farmers'  Insti- 
tute,— thirty  members,  one  elected  from  each 
congressional  district  and  five  ex  officio,  viz., 
the  State  Superintendent  of  Public  Instruction, 


Synoptical  Review  263 

the  professor  of  agriculture  in  the  University 
of  Illinois,  the  presidents  of  the  State  Board 
of  Agriculture,  the  State  Horticultural  So- 
ciety, and  the  State  Dairymen's  Association, 
the  two  latter  organizations  being  also  given  a 
certain  measure  of  state  authority.  (Kurd, 
Revised  Statutes,  ch.  5,  §§  43-51.) 

(36).  Board  of  Live  Stock  Commissioners, — three 
commissioners  appointed  for  three  years,  one 
retiring  each  year.  (Kurd,  Revised  Statutes, 
ch.  8,  §§  47-61.) 

(37).  State  Veterinarian, — appointed  with  indefinite 
tenure.  (Hurd,  Revised  Statutes,  ch.  8,  §  49.) 

(38).  State  Entomologist, — appointed  for  two  years 
"and  until  his  successor  shall  be  appointed." 
The  State  Entomologist  is  also  (1904)  Di- 
rector of  the  State  Laboratory  of  Natural  His- 
tory. (Hurd,  Revised  Statutes,  ch.  1273.) 

(39).  Director  of  the  Agricultural  Experiment  Station. 
This  office  is  combined  with  that  of  Dean  of 
the  College  of  Agriculture  of  the  University  of 
Illinois. 

COMMERCIAL  AND  INDUSTRIAL  INTERESTS 

(40).  Railroad  and  Warehouse  Commission, — three 
commissioners  appointed  for  two  years. 
(Hurd,  Revised  Statutes,  ch.  144,  §§  167-191.) 

(41).  Chief  Inspectors  of  Grain, — seven  inspectors  in 
1903,  appointed  for  two  years.  (Hurd,  Re- 
vised Statutes,  ch.  114,  §  146.) 

(42).  Board  of  Commissioners  of  Labor, — five  com- 
missioners appointed  for  two  years.  (Hurd, 
Revised  Statutes,  ch.  I7b.) 

(43).  State  Mining  Board, — five  examiners  appointed 
by  the  Commissioners  of  Labor  for  two  years. 
(Hurd,  Revised  Statutes,  ch.  93.) 

(44).  State  Board  of  Arbitration  and  Conciliation, — 
three  members  appointed  for  three  years. 
(Hurd,  Revised  Statutes,  ch.  10.) 

(45).  Factory  Inspector  (with  assistant  and  deputies), 
— appointed  to  hold  office  during  good  behav- 
ior. (Hurd,  Revised  Statutes,  ch.  48.) 


264  Appendix  D 

(46).  Illinois  Free  Employment  Offices, — four  super- 
intendents, three  in  Chicago  and  one  in  Peoria, 
appointed  for  two  years.  (Kurd,  Revised 
Statutes,  ch.  48,  §§  53-67-) 

(47).  The  Canal  Commissioners, — three  commission- 
ers appointed  for  two  years.  (Hurd,  Revised 
Statutes,  ch.  19.) 

(48).  Insurance  Department, — insurance  superintend- 
ent appointed  for  four  years.  (Hurd,  Revised 
Statutes,  ch.  73.) 

PUBLIC  BUILDINGS  AND  PARKS 

(48).  Lincoln  Homestead  Trustees, — five  trustees  ex 
officio  as  follows :  the  governor,  secretary  of 
state,  auditor,  treasurer,  and  superintendent  of 
public  instruction.  (Hurd,  Revised  Statutes, 
ch.  82a.) 

(49).  Board  of  Commissioners  of  the  Lincoln  Monu- 
ment Grounds, — three  commissioners  ex  officio, 
viz.,  the  governor,  superintendent  of  public  in- 
struction, and  treasurer.  (Hurd,  Revised 
Statutes,  ch.  823.) 

(50).  Fort  Massac  Trustees, — six  trustees  as  follows: 
the  governor,  secretary  of  state,  and  auditor, 
ex  officio;  the  State  Regent  of  Illinois  of  the 
Daughters  of  the  American  Revolution  and 
two  Illinois  daughters  appointed  by  the  State 
Regent.  (Hurd,  Revised  Statutes,  ch.  1053.) 

(51).  State  Supervising  Architect, — appointed  for  four 
years.  (Hurd,  Revised  Statutes,  ch.  loa.) 

(52).  Board  of  Commissioners  of  Lincoln  Park, — 
seven  commissioners  appointed  for  five  years. 
(Blue  Book  of  Illinois,  1903,  56,  478.) 

(S3)-  Board  of  West  Chicago  Park  Commissioners,— 
seven  commissioners  appointed  by  the  gov- 
ernor. (Blue  Book  of  Illinois,  1903,  56,  479.) 

EDUCATIONAL,  LITERARY,  AND  SCIENTIFIC  INTERESTS 

(54)-  Trustees  of  the  University  of  Illinois,— three 
trustees  ex  officio,  viz.,  the  governor,  the  pres- 
ident of  the  State  Board  of  Agriculture,  and 
superintendent  of  public  instruction ;  and  nine 


Synoptical  Review  265 

elected  by  the  people  for  six  years,  three  retir- 
ing every  two  years.  (Kurd,  Revised  Stat- 
utes, ch.  144.) 

(55).  State  Board  of  Education  (Trustees  of  the 
"State  Normal  University"), — the  superintend- 
ent of  public  instruction  ex  oMcio  and  fourteen 
others  appointed  for  six  years.  (Blue  Book 
of  Illinois,  57,  406.) 

(56).  Board  of  Trustees  of  the  "Southern  Illinois 
Normal  University," — the  superintendent  of 
public  instruction  ex  officio  and  five  others  ap- 
pointed for  four  years.  (Blue  Book  of  Illi- 
nois, 46.) 

(57).  Board  of  Trustees  of  the  Northern  Illinois 
Normal  School, — the  superintendent  of  public 
instruction  ex  officio  and  five  others  appointed 
for  four  years.  (Hurd,  Revised  Statutes,  ch. 
122,  §§  381-397.) 

(58).  Board  of  Trustees  of  the  Eastern  Illinois  State 
Normal  School, — the  superintendent  of  public 
instruction  ex  officio  and  five  others  appointed 
for  four  years.  (Hurd,  Revised  Statutes,  ch. 
122,  §§  364-380.) 

(59).  Board  of  Trustees  of  the  Western  Illinois  State 
Normal  School, — the  superintendent  of  public 
instruction  ex  officio  and  five  others  appointed 
for  four  years.  (Hurd,  Revised  Statutes,  ch. 
122,  §§  398-413- 

(60).  Board  of  Commissioners  of  the  State  Library, — 
three  ex  officio  members,  viz.,  the  governor, 
secretary  of  state,  and  superintendent  of  public 
instruction.  (Hurd,  Revised  Statutes,  ch. 
128.) 

(61).  Trustees  of  the  Illinois  State  Historical  Library, 
— three  trustees  appointed  for  two  years. 
(Hurd,  Revised  Statutes,  ch.  1270) 

(62).  Trustees  of  the  Natural  History  Museum, — 
three  trustees  ex  officio,  viz.,  the  governor,  sec- 
retary of  state,  and  superintendent  of  public 
instruction.  The  trustees  appoint  a  curator, 
who  also  performs  the  duties  of  State  Geolo- 
gist. (Hurd,  Revised  Statutes,  ch.  1270.) 


266  Appendix  D 

m 

III.    Judicial  Department. 

1.  Court  for  the  Trial  of  Impeachments, — the  senate.    In 

case  of  the  impeachment  of  the  governor,  the  chief 
justice  must  preside.  (Const.,  iv.  §  24.) 

2.  The  Supreme  Court, — consisting  of  seven  judges,  one 

judge  being  elected  by  the  people  of  each  judicial 
district  for  a  term  of  nine  years.  (Const.,  vi.  §§ 
2-10.) 

3.  Appellate  Courts,— consisting,  in  each  of  the  four  ap- 

pellate districts,  of  three  judges  of  the  circuit  court 
assigned  by  the  supreme  court  for  this  service.  In 
Cook  County,  three  additional  judges  are  similarly 
assigned  to  a  branch  appellate  court.  (Const.,  vi., 
§  ii ;  Kurd,  Revised  Statutes,  ch.  37,  §§.i8-3Si.) 

4.  Circuit  Courts, — consisting  of  three  judges  in  each  of 

the  seventeen  judicial  circuits  outside  of  Cook 
County,  and  of  fourteen  judges  in  the  Circuit  Court 
of  Cook  County.  The  Superior  Court  of  Cook 
County  exercising  similar  jurisdiction  consists  of 
twelve  judges.  Certain  judges  of  the  circuit  and 
superior  courts  of  Cook  County  are  assigned  to 
service  in  the  Criminal  Court.  All  of  these  judges 
are  elected  by  the  people  of  their  respective  circuits 
for  terms  of  six  years  each.  (Const.,  vi.,  §§  12-17, 
23 ;  Kurd,  Revised  Statutes,  ch.  37,  §§  36-82C ;  Act 
approved  April  17,  1903.) 

5.  Court  of  Claims — consisting  of  three  judges  appointed 

for  four  years.  (Kurd,  Revised  Statutes,  ch.  37,  §§ 
264-274.) 

88.     THE  LOCAL  GOVERNMENTS  OF  THE  STATE  OUT- 
SIDE OF  COOK  COUNTY 

A.    THE  G-OVERNMENT  OF  THE  COUNTY 

[t'onst.,  vi.,  \\  18-20,  22,  X.;  Kurd,  Revised  Statutes,  chs.  34,  37,  46.] 

I.    Legislative  Branch. 

a.  In  counties  with  township  organization :  Board  of 
Supervisors, — one  supervisor  elected  from  each 
town,  with  one  or  more  assistant  supervisors  elected 
from  the  larger  towns. 


Synoptical  Review  267 

b.  In  nineteen  counties  without  township  organization : 
Board  of  County  Commissioners, — three  commis- 
sioners elected  by  the  people  of  the  county  for  three 
years,  one  retiring  each  year. 

II.  Executive  Branch. 

i.  Sheriff.  2.  State's  Attorney.  3.  County  Treasurer.  4. 
County  Clerk.  5.  Recorder  of  Deeds  (in  counties 
having  more  than  60,000  inhabitants).  6.  Clerk  of 
the  Circuit  Court,  who  is  ex  officio  Recorder  of  Deeds 
in  the  smaller  counties.  7.  Coroner.  8.  County  Su- 
perintendent of  Schools.  9.  County  Surveyor. — All 
of  these  officers  are  elected  by  the  people  of  each 
county  for  terms  of  four  years  each. 

III.  Judicial  Branch. 

i.  County  Court,  with  civil  and  criminal  jurisdiction.  2. 
Probate  Court  (only  in  counties  of  70,000  or  more  in- 
habitants).— Each  of  these  courts  is  held  by  a  single 
judge  elected  by  the  people  of  the  county  for  four 
years. 

B.    TOWN  GOVERNMENT 

[.Const.,  X.,  I  5;  Kurd,  Revised  Statutes,  ch.  139.] 

I.  Legislative  Branch. 

Town  meeting,  consisting  of  all  qualified  voters. 

II.  Executive  Branch. 

i.  Supervisor.  2.  Town  Clerk.  3.  Three  Highway  Com- 
missioners. 4.  Assessors.  5.  Collector.  6.  Two  or 
more  Constables. — All  these  officers  are  elected  at  the 
annual  meeting  to  serve  for  one  year,  except  the  high- 
way commissioners,  who  are  elected  for  three  years, 
one  commissioner  retiring  each  year.  There  is  also 
a  town  Board  of  Auditors  consisting  of  the  super- 
visor, the  town  clerk,  and  the  justices  of  the  peace, 
ex-ofhcio. 

III.  Judicial  Branch. 

Justices  of  the  Peace, — two  or  more,  elected  for  four 

years. 

In  the  nineteen  counties  without  town  government, 
two  constables  and  two  or  more  justices  of  the  peace 


268  Appendix  D 

are  elected  in  each  election  precinct.  Such  counties 
may  also  be  divided  into  road  districts  for  the  election 
of  commissioners  of  highways. 

C.    VILLAGE  GOVERNMENTS 

[Hurd,  Revised  Statutes,  ch.  24,  §§  178-19311.] 

I.  Legislative  Branch. 

Board  of  Trustees, — a  president  and  six  trustees  elected 
for  two  years. 

II.  Executive  and  Administrative  Officers. 

1.  President, — elected  for  two  years. 

2.  Village  Clerk, — elected  for  one  year. 

3.  Treasurer,  Street  Commissioners,  Board  of  Health, 

Chief  of  Police,  and  other  administrative  officers 
appointed  by  the  President  and  Board  of  Trustees. 

III.  Judicial  Branch. 

Police  Magistrate, — one  only  unless  more  are  author- 
ized by  special  acts. 

D.    THE  GOVERNMENT  OF  CITIES.    GENER/L  LAW 

[Hurd,  Revised  Statutes,  ch.  24.] 

I.  Legislative  Branch. 

The  City  Council, — consisting  of  the  mayor  and  six  or 
more  aldermen,  elected  for  two  years. 

II.  Executive  and  Administrative  Officers. 

Elective    Officers:     i.  Mayor.    2.  City    Clerk.    3.  City 

Treasurer.    4.  City  Attorney. 

Administrative  Officers:  These  vary  in  different  cities, 
but  the  following  are  authorized  specifically  by  stat- 
ute: City  Collector,  City  Marshal,  Superintendent  of 
Streets,  Corporation  Counsel,  City  Comptroller,  City 
Marshal  or  Chief  of  Police,  Board  of  Fire  and  Police 
Commissioners,  Board  of  Health. 
HI.  Judicial  Branch. 

1.  Police  Magistrate,— one  or  more,  elected  for  four 

years. 

2.  City  Courts, — each  held  by  one  judge,  elected  for 

four  years.  (These  city  courts  exist  only  in  a 
few  cities  (Alton,  Aurora,  Canton,  East  St.  Louis, 
Elgin,  Litchfield,  Mattoon)  and  have  a  jurisdic- 
tion similar  to  that  of  the  circuit  courts.) 


Synoptical  Review  269 

E.    SCHOOL  ADMINISTRATION 

[Hurd,  Revised  Statutes,  ch.  122.] 

a.  School  Townships. 

1.  Trustees  of  Schools, — three  trustees  elected  for  three 

years,  one  trustee  retiring  each  year. 

2.  Township  Treasurer, — appointed  for  two  years  by  the 

trustees. 

3.  Township  Board  of  Education  in  townships  which 

have  township  high  schools, — elected  for  three  years. 

b.  School  Districts. 

1.  School  Directors  in  districts  of  less  than  1,000  inhab- 

itants,— three  directors  elected  for  three  years,  one 
retiring  each  year. 

2.  Board  of  Education  in  districts  of  more  than  1,000  in- 

habitants,— the  president  of  the  board  elected  an- 
nually, and  from  six  to  fifteen  other  members  elect- 
ed for  three  years,  one-third  retiring  each  year. 

F.    MINOR  AREAS  OF  LOCAL  ADMINISTRATION 

a.  Park  Districts  in  charge  of  Park  Commissioners  elected  by 

the  people. 

b.  Drainage  Districts  in  charge  of  Drainage  Commissioners 

appointed  by  the  county  court.     (Hurd,  Revised  Statutes, 
ch.  42.) 

89.    THE  LOCAL  GOVERNMENTS  OF  COOK  COUNTY 
A.    THE  GOVERNMENT  OF  COOK  COUNTY 

[Hurd,  Revised  Statutes,  ch.  24;  see  also  Chicago  Daily  News  Almanac.] 

I.  Legislative  Branch. 

Board  of  County  Commissioners, — a  president  and  four- 
teen other  commissioners,  ten  commissioners  to  be 
elected  from  the  city  of  Chicago  and  five  from  the 
towns  outside  of  the  city,  all  elected  for  two  years. 

II.  Executive  and  Administrative  Officers. 

1.  President   of   the    County   Board, — elected   for   two 

years. 

2.  Sheriff.    3.  County  Treasurer.    4.  County  Clerk  who 

is  ex  officio  Comptroller.  5.  County  Surveyor.  6. 
State's  Attorney.  7.  Coroner.  8.  County  Super- 
intendent of  schools.  9.  Recorder  of  Deeds.— All 
of  these  officers  are  elected  for  four  years. 


270  Appendix  D 

10.  Board  of  Assessors, — five  assessors  elected  for  six 

years. 

11.  Board   of  Review, — three  members   elected   for  six 

years,  one  retiring  each  year. 

12.  Jury  Commission, — three  commissioners  chosen  for 

three  years  by  the  judges  of  the  courts  of  record  of 
the  county.  (Kurd,  Revised  Statutes,  ch.  78,  §§  26- 

3i.) 

13.  Civil  Service  Commission, — three  commissioners  ap- 

pointed  for  three  years  by  the  president  of  the 

county  board. 

Administrative  officers  appointed  by  the  president  of 
the  county  board  with  the  advice  and  consent  of  the 
board,  as  follows : 

14.  The  Superintendent  of  Public  Service.     15.  County 

Agent.  16.  Warden  of  the  County  Hospital.  17. 
Superintendent  of  the  Insane  Asylum  and  Poor 
House.  18.  County  Attorney.  19.  County  Archi- 
tect. 20.  County  Physician. 

Subordinate  administrative  positions  are  included  in  the 
classified  civil  service  and  appointments  are  based  upon 
examinations  conducted  by  the  County  Civil  Service  Com- 
mission. 

III.    Judicial  Branch. 

County  and  Probate  Courts  as  in  other  counties.     [See 
above  §  88,  III.     See  also  §  87,  III.,  4.] 

B.    TOWN  GOVERNMENTS  OF  COOK  COUNTY 

The  town  governments  of  Cook  County  outside  of  Chicago 
are  like  those  in  other  parts  of  the  state,  but  the  town  govern- 
ments of  Chicago  have  almost  wholly  disappeared.  Under  the 
act  of  1901,  accepted  by  the  people  of  Chicago  in  1902,  the  powers 
of  town  meetings  and  boards  of  auditors  are  vested  in  the  city 
council ;  the  city  clerk  of  Chicago  is  ex  officio  town  clerk  and 
town  assessor ;  the  county  treasurer  is  ex  officio  supervisor  and 
collector;  and  the  offices  of  highway  commissioners  are  abol- 
ished. Constables  are,  however,  still  required  by  law  to  be 
elected  in  each  of  the  various  towns,  each  of  which  is  also  en- 
titled to  a  certain  number  of  justices  of  the  peace.  The  justices 
for  the  Chicago  towns  are  appointed,  on  the  nomination  of  the 
Cook  County  judges,  by  the  governor  with  the  approval  of  the 
senate.  (Kurd,  Revised  Statutes,  ch.  24,  §§  643-650;  ch.  79; 
see  also  Chicago  Daily  News  Almanac,  1903,  364.) 


Synoptical  Review  271 

C.    THE  CITY  GOVERNMENT  OF  CHICAGO 

[See  Kurd,  Revised  Statutes,  ch.  24;  Revised  Code  of  Chicago,   1897; 
Department  of  Finance,  Forty-sixth  Annual  Report.] 

I,  Legislative  Branch. 

The  City  Council,— consisting  of  the  mayor  and  two  al- 
dermen from  each  ward. 

II.  Executive  Branch. 

Elective  officers, — elected  by  the  people  for  two  years. 

I.  Mayor.  2.  City  Clerk.  3.  City  Treasurer.  4.  City 
Attorney. 

Administrative  Departments, — the  heads  of  which  are 
appointed  by  the  mayor  and  removable  by  him,  unless 
otherwise  stated. 

(i).  Department  of  Finance, — under  the  Comptroller, 
and  including  also  the  offices  of  City  Treas- 
urer (elective),  City  Collector,  and  Pay- 
master. 

(2).  Department  of  Supplies, — under  the  Business 
Agent. 

(3).  Police  Department, — under  the  General  Super- 
intendent of  Police. 

(4).  House  of  Correction, — under  the  supervision 
the  mayor  as  chairman,  the  Superintendent, 
and  Inspectors. 

(5).     Fire  Department, — under  the  Fire  Marshal. 

(6).  Department  of  Health, — under  the  Health  Com- 
missioners, and  including  also  the  City  Physi- 
cian, the  Smoke  Inspector,  and  the  Board  of 
Examining  Plumbers,  and  various  other  bu- 
reaux. 

(7).  Department  of  Buildings, — under  the  Commis- 
sioner of  Buildings. 

(8).  Other  offices  classed  by  the  Comptroller  as 
"Other  Public  Safety,"  including  the  offices  of 
Oil  Inspector,  City  Sealer,  Boiler  Inspector, 
Board  of  Examining  Engineers. 

(9).  Department  of  Public  Works,  under  the  Com- 
missioner of  Public  Works,  and  including, 
among  others,  the  Bureaux  of  Streets,  Water, 
Sewers,  Maps,  the  City  Engineer's  office,  and 
the  Board  of  Local  Improvements. 


272  Appendix  D 

(10).  Department  of  Electricity, — under  the  City  Elec- 
trician. 

(li).  Civil  Service  Commission, — three  commission- 
ers appointed  by  the  mayor  for  three  years, 
and  having  in  charge  the  examinations  for 
positions  in  the  classified  civil  service  in  which 
most  subordinate  city  offices  are  included. 

(12).     Board  of  Election  Commissioners, — three  com- 
missioners appointed,  under  the  city  election 
law,  by  the  County  Court,  for  three  years. 
(Kurd,  Revised  Statutes,  ch.  46,  §§  170-194.) 

(13).  Board  of  Education, — consisting  of  twenty-one 
members  appointed  by  the  mayor,  with  the 
approval  of  the  City  Council,  for  three  years, 
one-third  of  the  members  retiring  every  year. 

(14).  Public  Library, — under  nine  directors  appointed 
by  the  mayor  with  the  approval  of  the  council 
for  three  years. 

(15).  Board  of  Trustees  of  the  Police  Pension  Fund, 
— consisting  of  the  comptroller  and  city  offi- 
cers ex  oiRcio. 

(16).    Board  of  Trustees  of  the  Firemen's  Pension 
Fund, — consisting    of    the    Comptroller    and 
other  city  officers  ex  officio. 
The  list  of  city  administrative  officers  is  subject  to 

frequent  changes  and  additions. 

III.     Judicial  Branch. 

Police  Courts, — eighteen  courts  in  twelve  districts 
(1903),  each  conducted  by  a  justice  of  the  peace  ap- 
pointed by  the  governor  but  assigned  to  this  service 
by  the  mayor. 

D.    THE  SANITARY  DISTRICT  OF  CHICAGO 

[Kurd,  Revised  Statutes,  ch.  24,  gg  343-369111.;  see  also  above,  ch.  8.] 

Board  of  Trustees, — nine  trustees  elected  for  five  years  by  the 
people  of  the  district. 

E.    THE  PARK  DISTRICTS  OF  CHICAGO 

I.  South  Park  Commissioners, — five  commissioners  appointed 
for  five  years  by  the  judges  of  the  Circuit  Court  of  Cook 
County.  (See  Municipal  Code  of  the  South  Park  Com- 
missioners, 1 10- 1 1 1.) 


Synoptical  Review  273 

2.  West  Chicago  Park  Commissioners, — seven  commissioners 

appointed  by  the  governor  with  the  approval  of  the  sen- 
ate. (See  Private  Laws,  1869,  I.  342-376;  Hurd,  Revised 
Statutes,  ch.  105.) 

3.  Lincoln    Park    Commissioners, — seven    commissioners    ap- 

pointed by  the  governor  with  the  approval  of  the  senate. 
(Ibid.) 

4.  There  are  also  park  districts  organized  under  the  general 

law.  See  above,  p.  107.  An  Outer  Parks  Commission 
has  recently  been  organized  to  provide  a  park  system 
extending  beyond  the  city  limits. 


18 


APPENDIX  E 

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277 


gi      CITIES  OF  10,000  OR  MORE  INHABITANTS. 
1850—1900 

[See  various  volumes  of  the  U.  S.  Census.     This  list  does  not  include 
for  1880  and  1890  cities  or  towns  subsequently  annexed  to  Chicago.] 


1850 

1860 

1870 

1880 

1890 

1900 

19  688 

Belleville  

23    286 

Q 

- 

109,2  0 

1,099,  50 

16  841 

17  823 

18  607 

Jolict  

13,595 

LaSalle  

10  588 

22  849 

13  7l8 

27  268 

Rockford  

13  584 

I9i493 

24.963 

14.079 

278 


Appendix  E 


92.     THE  POPULATION  OF  ILLINOIS  AND  CHICAGO 
CLASSIFIED  ACCORDING  TO  NATIVITY 

Based  on  the  Twelfth  Census  of  the  United  States.  (1900) 


Total 

Native-born 

Foreign-born 

Population  of  Illinois.  . 
"  Chicago. 

4.821,550 
1.698,575 

3,854.803 
1,111,463 

966.747 
587,112 

Place  of  Birth 

Illinois 

Chicago 

NATIVE  BORN 

2,893,857 
960,946 

3.854.803 
332,169 

203,338 
50,595 

144,812 

769,882 
341,581 

1,111,463 
170,738 

115.385 
34,779 

81,013 

59.713 
36,362 
24,178 
16,008 
i8,555 

11.815 
3,251 
2,98? 
4,946 

1,160 
1.493 
1,179 
3,548 

Other  parts  of  U.  S  

FOREIGN-BORN 

29.308 
10.347 
1.818 
73.912 

United  Kingdom 

64,390 
20,021 
4.364 
114.563 

Wales  

Canada 

41.466 

9,129 

29.472 

5,307 

Scandinavian  Countries 

99.147 
29,979 
15.686 

48,836 

22,011 

10,166 

Poland,  (Russian,  Austrian  and 

Italy  

Holland  

Statistical  Tables 


93.     THE  PRESIDENTIAL  VOTE  OF  ILLINOIS 


279 


[The  successful  candidates  are  indicated  by  asterisks  (*).  The  State 
law  in  force  in  1820  and  1824  provided  for  the  choice  of  electors  by  districts, 
there  being  one  elector  chosen  in  each  of  three  electoral  districts.  Since 
1824  the  electors  have  been  chosen  by  the  people  of  the  State  on  a  "general 
ticket".  The  statement  given  below  is  based  on  the  official  figures  in  the 
office  of  the  Secretary  of  State  at  Springfield,  but  after  1840  no  candidate  is 
mentioned  who  received  less  than  one  thousand  votes.  The  author  is  in- 
debted for  this  work  of  verification  to  Mr.  Mason  H.  Newell  of  Springfield.] 

ELECTORAL  VOTE  IN  1820  AND  1824 


1820 

1824. 

*Monroe,  Dem.  -Rep. 

3 

Jackson,  Dem. 

2 

J.  Q.  Adams,  Nat.  Rep 

0 

*J.  Q.  Adams,  Nat. 

Rep.      i 

Henry  Clay,  Whig 

0 

Crawford,  Dem. 

0 

POPULAR  VOTE  SINCE  1828 

1828 

1852 

*Jackson,  Dem.  Rep. 

9,582 

*Pierce,  Dem. 

80,368 

J  Q  .  Adams,  Nat.  Rep. 

4,662 

Scott,  Whig 

64,733 

1832 

Hale,  Free  Soil 

9,863 

*Jackson,  Dem. 

14,617 

1856 

Clay,  Nat.  Rep. 

6,745 

*Buchanan,  Dem. 

105,528 

1836 

Fremont,  Rep. 

96,278 

*VanBuren,  Dem. 

18,412 

Fillmore,  Amer. 

37,531 

Harrison,  Whig 

15,220 

1860 

1840 
Van  Buren,  Dem. 
*Harrison,  Whig 
Birney,  Liberty 
ISM 

47,631 

45,574 
149 

*Lincoln,  Rep. 
Douglas,  Dem 
Bell,  Const.  Un. 
Breckenridge,        ) 
South  Dem.  ) 

172,171 
160,205 

4,913 
2,332 

*Polk,  Dem. 

58,795 

Clay,  Whig 
Birney,  Liberty 
1848 

45,854 
3,469 

1864 
*Lincoln,  Rep. 
McClellan,  Dem. 

189,519 
158,724 

Cass,  Dem. 

55,952 

1868 

*Taylor,  Whig 

52,853 

*Grant,  Rep., 

250,293 

VanBuren,  Free  Soil 

15,702 

Seymour,  Dem. 

199,143 

280  Appendix  E 

POPULAR  VOTE  SINCE  1828  (Continued} 


1872 

1892 

*Grant,  Rep. 

241,237 

^Cleveland,  Dem. 

426,281 

Greeley, 
Lib.  Rep.  &Dem. 

•  184,772 

Harrison,  Rep. 
Bidwell,  Pro. 

399,288 
25,871 

O'Connor,  Dem. 

3,138 

Weaver,  People's 

22,207 

1876 

1896 

*Hayes,  Rep. 

278,232 

*McKinley,  Rep. 

607,130 

Tilden,  Dem. 

258,601 

Bryan,  Dem.  -Pop. 

464,523 

Cooper,  Greenback 

17,207 

Levering,  Pro. 

9,796 

1880 

Palmer,  Nat.  Dem. 

6,307 

Matchett,  Soc.  Labor 

1,147 

*Garfield,  Rep. 

318,037 

Bryan,  People's 

1,030 

Hancock,  Dem, 

277,321 

Weaver,  Greenback 

26,358 

1900 

1884 

*McKinley,  Rep. 

597,985 

Bryan,  Dem.  -Pop. 

503,061 

Elaine,  Rep, 

337,469 

Debs,  Soc.  Dem. 

9,687 

*Cleveland,  Dem. 

312,351 

Maloney,  Soc.  Lab. 

1,373 

St.  John,  Pro. 

12,074 

Woolley,  Pro. 

1,141 

Butler,  Anti-Monop. 

10,776 

1904 

1888 

Roosevelt,  Rep. 

*Harrison,  Rep. 

370,475 

Parker,  Dem. 

Cleveland,  Dem., 

348,371 

Swallow,  Pro. 

Fisk,  Pro. 

21,703 

Watson,  Pop. 

Streeter,  Union  Labor    7,534 

Debs,  Soc.  Dem. 

Statistical  Tables 


281 


94.     STATE  FINANCES,  OCTOBER  i,  1900,  TO  SEPTEM- 
BER 30,  I9O21 

1  For  the  preparation  of  these  financial  tables,  §§  96.  97,  the  author  is 
indebted  to  Mr.  L.  W.  Zartman,  Fellow  in  Economics  at  the  University  of 
Illinois.  The  arrangement  is  mainly  his,  though  modified  at  a  few  points 
by  the  author.  It  is  intended  to  conform,  in  general,  with  that  adopted  in 
the  New  York  volume  of  this  series. 

[See  Biennial  Report,  1902,  of  the  Auditor  of  Public  Accounts.] 

A.    STATE  REVENUE 
I.    FROM  THE  GENERAL  PROPERTY  TAX. 


General  State  tax    .        .        .    $6,467,544.52 
State  school  tax      .        .        .      2,083,619.02 

SPECIAL  TAXES  AND  FEES. 

Tax  on  Illinois  Central  Rail- 
road .  *  .  .  .  .  $1,695,773-85 

Inheritance  tax       .        .        .         987,545.59 

Insurance  companies  (taxes 
and  fees)  ....  622,759.87 

Fees  of  secretary  of  state's 
office  (mainly  corporation 
fees) 532,877-90 

Fees  of  auditor's  office  .  1,718.60 

Mining  Board  fees          .        .  1,948.75 


$8,551,153.54 


MISCELLANEOUS  SOURCES  OF  INCOME. 

From  United  States  Govern- 
ment (including  the  fol- 
lowing items :  Soldiers'  and 
Sailors'  Home,  payment  of 
expenses  incurred  by  the 
State  in  Civil  and  Spanish 
wars,  and  payment  for  Uni- 
versity of  Illinois)  .  .  1,435,616.51 

From  public  lands  .        .  09,438.30 

From  unexpended  appropria- 
tions   237,944.32 

Various  items  in  addition  to 
amounts  above  stated  .  78,690.54 


3,842,624.56 


1,851,536.12 
1  Total  State  receipts    .        .        .    $14,245,467.77 

1  This  does  not  include  receipts  on  account  of  the  local  bond  funds.     See 
below,  C,  State  Funds  Account. 


282 


Appendix  E 


B.     STATE  EXPENDITURES 
i.     GENERAL  GOVERNMENT  EXPENSES 


(i).  For  Executive  Departments. 
Office  of  governor 
Office  of  secretary  of  state 
Office  of  auditor 
Office  of  treasurer 
Office  of  attorney  general 
Office   of    superintendent   of 

public  instruction 
Office  of  adjutant  general 
Salaries  of  executive  officers 

named  above 
Board  of  Equalization 

(2).  For  Legislative  Department. 
General  Assembly 
Printing  .... 

Public  binding 
Committees      .... 

(3).  For  Miscellaneous  Items. 
Public  buildings 
Executive  mansion 
Heating  and  lighting 
State  architect 
Expert  printer 
Inheritance  tax  attorney 
Governor's  contingent  fund   . 
Care  of  State  House 


$19,471.38 
90,248.76 
33,592.25 
42,196.13 
54,435-55 

9,743-92 
20,723.23 

60,976.94 

34,355-25 


$330,297.95 

69,342.81 

31,460.27 

200.00 


$119,679.76 

16,584.23 

29,303.46 

10,000.00 

8,248.00 

3,000.00 

5,2U.i5 
93,186.22 


365,743-41 


431,301.03 


285,212.82 
Total  general  government  expenses    .    $1,082,257.26 

2.    EXPENSES  OF  SPECIAL  DEPARTMENTS  OF  ADMINISTRATION 
(i).  For  Administration  of  Justice. 

Reporters  and  reports  .  .  $24,651.98 
State  Practice  Commission  .  2,470.00 
Appellate  courts  .  .  .  86,956.52 
Supreme  court  .  .  .  141,309.05 
State's  attorneys  .  .  .  83,152.45 
Superior  court,  Cook  County  86,625.00 
Circuit  court,  Cook  County  .  99.750.00 
Circuit  courts  .  .  .  352,885.77 

877,800.77 


Statistical  Tables 


283 


(2) 


(3). 


For  Protection  of  the  Community. 

Slaughter  of  cattle         .        .  $9,827.05 

Inspection  of  convict  labor    .  2,550.00 

National  guard       .        .        .  657,147.51 

Board  of  Health     .        .        .  54,431.14 

Live  stock  commission           .  75,832.80 

Food  commissioners        .        .  41,388.08 

Prevention  cruelty  to  animals  7,000.00 

Game  commission           .        .  5,000.00 

For  Charities  and  Corrections. 
Commissioners      of      public 

charities        ....  $21,407.50 

Conveying  convicts         .        .  58,891.14 

Apprehending  fugitives          .  30,051.09 

Rewards  for  criminals    .        .  1,000.00 

Asylum  for  Feeble-Minded   .  557,011.01 

Asylum  for  Incurable  Insane  370,840.23 

Asylum  for  Insane  Criminals  78,216.71 

Eye  and  Ear  Infirmary           .  73,469.41 

Juvenile  Female  Offenders    .  124,279.62 

Soldiers'  Orphans'  Home       .  132,227.90 

Soldiers'  and  Sailors'  Home  .  408,301.44 

Soldiers'  Widows'  Home       .  57,150.98 

Insane  asylums        .        .        .  2,206,775.40 

Home  for  Blind      .        .        .  61,193.00 

Education  of  blind          .        .  112,309.05 

Education  of  deaf  and  dumb  247,671.04 

State  penitentiaries         .        .  655,643.88 

State  Reformatory          .        .  562,525.00 

Parole  agents           .        .        .  6,000.00 

Board  of  pardons   .        .        .  31,040.00 


(4).  For  Promotion  of  Agricultural  Interests. 

Farmers'  institutes  .  .  $35,307.66 
Dairymen's  Association  .  3,000.00 
State  Horticultural  Society  .  9,000.00 
Poultry  and  Pet  Stock  Asso- 
ciation ....  3,000.00 
Stock  Breeders'  Association  500.00 
State  entomologist's  office  .  42,803.57 
State  board  of  agriculture  .  153,240.00 


853,176.58 


5,796,004.40 


246,851.23 


284 


Appendix  E 


(5).  For  Promotion  and  Control  of 

Industrial    and    Commercial 

Interests 

Illinois  and  Michigan  canal     .  $169,348.75 

Canal  commissioners    .        .  12,330.00 

Factory    and    workshop    in- 
spection        ....  31,734.40 

Fish  commission     .        .        .  32,688.49 

Commissioners  of  labor  sta- 
tistics      24,208.53 

Employment  agencies     .        .  44,650.99 

Mine  inspection      .        .        .  31,688.85 

Board  of  mine  examiners      .  13,995-19 

Railroad  and  warehouse  com- 
mission        ....  46,499.78 

Insurance  department     .        .  75,744.83 

Board  of  arbitration       .        .  19,005.76 

Miscellaneous  items       .        .  8,712.96 


510,608.53 


(6). 


For  Public  Education. 

State  Historical  Library         .  $8,967.16 

State  Library           .        .        .  7,263.40 

Museum  of  Natural  History  8,928.19 

Firemen's  Association    .        .  1,000.00 

Interest  of  school  fund          .  56,937.31 

Normal  schools       .        .        .  658,600.36 

State  University      .        .        .  919,429.96 
Proceeds  of  State  school  tax 

distributed  to  counties        .  2,066,215.06 


3,727,341.44 


Total  expense  of  special  departments  of 
administration $11,918,692.05 


3- 

Monuments 
Portrait        . 
Presidential  electors   . 
Inter-State  Exposition 
Louisiana  Exposition 
Pan-American  Exposition  . 


UNCLASSIFIED  EXPENDITURES 

$28,076.23 
1,000.00 
1,074.00 
24,294.34 

8,974-45 
56,867.33 


Statistical  Tables 


285 


Incidentals 65,180.42 

Lincoln  homestead  and  monument    .        35,069.03 
Miscellaneous 71,655.06 


292,190.86 


Total  disbursements  at  State  treasury,  not 
including  Local  Bond  Funds      .        .        .    $13,386,231.07 


C.     STATE  FUNDS  ACCOUN' 
i.    RECEIPTS  AND  EXPENDITURES 

Name  of  Fund.                             Receipts. 

General  revenue        .        .        .    $12,151,242.17 
State  school       ....        2,083,619.02 
Unknown  and  minor  heirs  fund 
Commission  merchants'  license 
State  game  protection      .        .             10,606.58 

r 

Expenditures. 

$11,310,687.50 
2,066,456.18 
75O.OO 
1,876.19 
6,460.70 

Aggregate    .        .        .    $14,245,467.77 
Local  bond  funds1      .        2,136,552.57 

$13,386,231.07 
2,235421.12 

Totals   .        .        .    $16,382,020.34 

$15,621,652.19 

2.    GENERAL  BALANCE  SUMMARY 


Balance  Oct.  i,  1900 
Receipts  for  two  years 
Expenditures    for    two 
ending  Sept.  30,  1902 
Balance  Sept.  30,  1902 

Totals    . 


years 


$2,617,955.88 
16,382,020.34 


$18,999,976.22 


$15,621,652.19 
3,378,324.03 

$18,999,976.22 


1  This  term  refers  to  bonds  issued  by  counties,  townships,  and  municipal 
governments  and  registered  in  the  office  of  the  auditor  of  public  accounts. 
The  local  bond  funds  are  derived  from  local  taxation  and  held  by  the 
State  for  the  payment  of  principal  and  interest  on  such  bonds. 


286 


Appendix  E 


1900. 

1901. 

$4,102,180.96 

$5,209,765.20 

6,179,195.22 

6,939,51545 

10,972,543.08 

11,258,556.88 

19,226,721.22 

19,053,561.44 

2,780,890.84 

3,245,800.49 

984,411.59 

859,600.81 

5,994,988.50 

6,446,135.01 

.    $50,240,931.41 

$53,012,935.28 

D.  AGGREGATE  AMOUNT  OF  TAXES,  STATE  AND 

LOCAL,1  CHARGED  ON  THE  TAX  BOOKS 

FOR  THE  YEARS  1900  AND  1901 


State  taxes 

County  taxes     . 

City  taxes 

District  and  city  school  taxes 

Road  and  bridge  taxes 

Registered  bond  fund  taxes 

Town,  district,  etc.,  taxes 

Totals    . 


95-     FINANCES  OF  THE  CITY  OF  CHICAGO,  1902 

[See  Department  of  Finance  (Chicago),  Forty-sixth  Annual  Report.] 

A.    REVENUE 
(l).  For  Corporate  Purposes. 

From  taxes   ....  $5,770,876.97 

From  licenses       .        .        .  3,770,735-37 

Police  justice  courts     .        .  110,334.33 

House  of  correction     .        .  111,105.96 

Police  department        .        .  15,740.42 

Public  pounds       .        .        .  2,519.46 

Department  of  buildings      .  75,265.30 

Department  of  electricity     .  51,904.51 

Department  of  public  works  127,564.64 

Insurance  tax       .        .        .  158,702.18 

Franchise  tax       .        .        .  422,346.21 

Other  sources       .        .        .  438,296.43 

(2).  For  Water  Department. 

Assessed  rates      .        .        .  $1,850,837.16 

Miscellaneous  sales      .        .  7,183.28 

Meter  service        .        .        .  1,330,805.29 

Permits          ....  17,107.71 

Rent  of  Rookery           .        .  35,000.04 

Miscellaneous        .        .        .  264,539.68 


•$11,055.391.78 


'This  statement  includes  only  the  amounts  raised  for  the  State  and  local 
governments  by  the  general  property  tax.  It  does  not  include  such  special 
State  taxes  as  those  on  the  Illinois  Central  Railroad  and  on  inheritances. 
Nor  does  it  include  such  revenues  of  city  governments  as  are  derived  from 
other  sources  than  taxation.  See  ?  98  on  the  Finances  of  the  City  of  Chicago. 


Statistical  Tables 


287 


(3).  For  Schools. 

From  taxes   ....    $7,397,860.50 
From  school  funds       .        .         997,930.56 

(4).  For  Public  Library. 

From  taxes   ....       $273,696.69 
Miscellaneous       .        .        .  10,392.39 

(5).  Miscellaneous. 

General  taxes  undistributed 

Grand  total   (not  including  receipts 
for  trusts) 


8,395,791.06 

284,089.08 
.        181,647.95 

$23,422.393.03 


B.    EXPENDITURES.— I.    FOR  CORPORATE  PURPOSES 


i.    GENERAL  GOVERNMENT 


(i).  Executive. 


$16,299.99 


(2).  Legislative. 

City  council     ....  $126,265.30 

City  Clerk       ....  59,514.24 

(3).  Law  Department. 

Corporation  counsel        .        .  66,187.17 

Prosecuting  attorney      .        .  21,564.10 

City  attorney           .        .        .  67,500.00 

(4) .  Finance  Department. 

Comptroller's  office         .        .  $66,934.12 

City  collector's  office      .        .  48,848.25 

(5).  Miscellaneous. 

City  Hall  ....  $58,290.54 
Board  of  election  commis- 
sioners ....  342,067.60 
Civil  service  commission  .  29,878.71 
Department  of  supplies  .  15,704.89 
Interest  on  bonded  debt  .  454,111.06 
Miscellaneous  interest  .  .  184,290.58 
Miscellaneous  .  .  .  84,086.35 

1,168,429.73 

Total  general  government  expenditures      .      $1,641,542.90 


185,779-64 


155,251.27 


115,782.37 


288 


Appendix  E 


2.    EXPENSES  OF  SPECIAL  DEPARTMENTS  OF  ADMINISTRATION 
(i).  Public  Safety. 

Police  department  .  .$3,333,128.68 

Police  and  justice  courts  .  115,954.17 

House  of  Correction       .  .  188,619.30 

Public  pounds         .        .  .  10,734.25 

Fire  department      .        .  .  1,617,340.76 

Department  of  building  .  48,277.58 

Health  department          .  .  213,156.71 

City  physician         .        .  .  4,201.06 

Track  elevation       .        .*  .  5,564.29 

Department  of  inspection  .  37,574.00 

Other  public  safety        .  .  10,524.80 

Hospitals          ....  12,000.00 

Lodging  houses       .        .  .  4,641.92 


(2).  For  Public  Recreation  and  Art. 

Small  parks  commission        .        $2,070.29 
Play  grounds  .        .        .         12,929.67 


$5,601,717.52 


14,999.96 


(3).  For  Public  Works. 

Department  of  public  works, 

general  administration        .  $1,878.11 

Bureau  of  maps      .        .        .  4,110.87 

City  architect           .        .        .  259.28 

Bureau  of  engineering    .        .  258,028.41 

Bureau  of  streets    .        .        .  1,194,361.15 

Bureau  of  sewers    .        .        .  247,372.75 

Board  of  local  improvements  307,422.75 

Department  of  electricity       .  719,956.66 


2,733,392.08 


(4).  Miscellaneous  Expenses. 

City  real  estate  and  buildings  $13,287.81 

Markets            ....  3,045.00 
Loss  and  cost  cf  collection  of 

taxes 148,040.54 


i64,373.35 

Grand  total  ordinary  expenditures  for 
corporate  purposes          ....       $10,156,026.71 


Statistical  Tables 


289 


EXTRAORDINARY  EXPENSE  FOR  CORPORATE  PURPOSES,  1902 


Police  department 
Fire  department 
Health  department 
Public  works 
Local  improvement     . 
Department  of  electricity 
Bureau  of  water 


$1,537.67 
104,912.50 
40,000.00 
404,612.37 
63,936.83 
34,797-72 
2,894,979.02 


649,797.09 
Total  expenditures  for  corporate  purposes    .    $10,987,267.28 


II.    FOR  PUBLIC  EDUCATION.     (Through  School  and  Library 
Boards.) 

(i).  For  Schools. 

Educational  account  .  .$1,444,772.84 
Building  account  .  .  .  1,687,343.49 
Indebtedness  .  •  .  .  126,228.12 

.  Fund  income  ....  4,961,559.06 
Fund  principal  .  .  .  45,350.00 
Special  fund,  income  .  .  1,999.71 
Special  fund,  principal  .  .  17,650.00 
Building  Parental  School  .  51,276.50 
Loss  and  cost  of  collection  of 
taxes,  1902  ....  344,079.34 


(2).  For  Public  Library. 
Salaries,  books,  etc. 


$8,680,259.06 


217,164.17 
$8,897,423.23 


III.    BUREAU  OF  WATER 


Ordinary  expenses 
Extraordinary  expenses 


.  $1,512,772.34 
.    2,894,979.04 


Grand  total  expenditures  for  corporate  pur- 
poses, etc.  (not  including  trusts1) 


$4,407,751.38 
$24,292,441.89 


1  See  C.  below,  City  Funds  Account  and  Department  of  Finance,  Forty- 
sixth  Annual  Report,  184-185. 

19 


290 


Appendix  E 


C.    CITY  FUNDS  ACCOUNT 
i.    RECEIPTS  AND  EXPENDITURES 


Name  of  Fund 

Corporate  purposes 

Trusts 

Water  fund 

Schools 

Library 

Miscellaneous    . 


Totals 


Receipts 

$14,654,553.01 

2,895,561.81 

3,371,942.16 

13,519,35946 

414,530.07 

181,647.95 

$35,037,59446 


2.    GENERAL  BALANCE  SUMMARY 


Balance  Jan.  i,  1902  .        .        .    $7,173,981.39 
Receipts  for  year  ending  Dec. 

31,  1902  ....      35,037,59446 

Expenditures  for  year  ending 

Dec.  31,  1902    .... 
Balance  Dec.  31,  1902 


Totals 


$42,211,575.85 


Expenditures 

$15,341,830.28 

2,695,091.33 

4,365,662.80 

13,003,870.95 

402,355.12 


$35,808,810.48 


$35,808,810.48 
6,402,765.37 

$42,211,575.85 


INDEX 


Admission  of  Illinois  to  the  Union, 

21-26;  joint  resolution,  225. 
Agriculture,     State    aid    to,     183; 

State    board    of,    183.     See   also 

Economic    conditions. 
Aldermen,  103;  Chicago,  113. 
Algonquin  Indians,  6. 
Almshouse.     See    Indoor   relief. 
Altgeld,  Governor  John  P.,  54. 
Amendments,     constitutional.     See 

Constitutional  amendments. 
Anarchist  riots,  53. 
Anti-slavery  movement,  31,  32,  42- 

46;    condemned,    37.     See    also 

Slavery. 

Appeals,  153,  159. 
Appellate  courts,  92,  in,  153,  159; 

districts,  257-258. 
Appointing   power,   constitution  of 

1818,  25;  1848,  39;   1870,  87;  of 

mayor,  106,  114. 
Area   of    Illinois,    3-4;    of    Illinois 

Territory,  18. 
Arraignment,   156. 
Arrests,  137,   154-155. 
Assessment     and     assessors,     100, 

123-125. 

Attorney  general,  89. 
Attorneys,  150,  157. 
Auditor    of    public    accounts,    90, 

125.  177- 

Australian       ballot.     See       Ballot, 
Australian. 

BAIL,   155. 

Ballot,  Australian,  69;  official,  69- 

7i- 

Banking  laws,   176. 
Banks,  State,  33-34. 
Bar  examination,  151. 
Bill  of  rights,  61-62. 


Bills,  80-82. 

Birkbeck,  Morris,  32. 

Black  Hawk  war,  7,  29. 

Blind,  care  of,  171. 

Boards,  State,  259-265. 

Bond,     Shadrach,     first    governor, 

25- 

Borrowing  power.     See  Loans. 
"Boss,"  party,  74. 
Boundaries  of  Illinois,  4,  15,  22. 
Bridges.     See  Highways. 
British  dominion,   10-12. 
Buildings,  department  of,  Chicago, 

116. 

CAHOKIA,  8. 

Camp  Douglas  conspiracy,  45. 

Capital  and  labor.  See  Labor  and 
capital. 

Challengers,  68,  71. 

Challenges,   152,   157. 

Chancery,   148. 

Charities,  medical,  170. 

Charities,  State  board  of,  172. 

Charities  and  corrections,   160-172. 

"Checks  and  balances,"  61. 

Chicago,  history  and  government 
of,  31,  46,  52,  112-117;  city  of- 
ficers and  institutions,  list  of, 
271-272;  drainage  canal,  119- 
120;  finances,  286-290;  Fort 
Dearborn  massacre,  19;  park 
districts,  119,  272-273;  popula- 
tion, 31,  52,  278;  sanitary  dis- 
trict, 119,  272;  special  legisla- 
tion, 85,  112,  113. 

Child  labor  laws,  140. 

Circuit  courts,  91-92,  in;  dis- 
tricts, 258. 

Cities  of  10,000  or  more  inhab- 
itants, list,  277. 


2QI 


2Q2 


Index 


Citizenship,  64-65. 

City  government,  103-106;  Chi- 
cago, 112-117;  officers  and  insti- 
tutions, list,  268;  Chicago,  271- 
272. 

Civil  cases,  149-153. 

Civil  service  law,  city,  106;  Chi- 
cago, 117;  Cook  county,  no. 

Civil  war,  44-46. 

Clark,  George  Rogers,  conquest  of 
Illinois,  ii. 

Coles,  Governor  Edward,  31. 

Collector,  town,  JQO,  118,  127. 

College  fund,  198. 

Commerce,  State  aid  to,  184-185; 
and  industry,  State  regulation 
of,  54,  174-183.  See  also  Eco- 
nomic conditions. 

Committee  system,  81-82. 

Committees,  conference,  83;  polit- 
ical. See  Party  committees; 
steering,  82. 

Company  of  the  West,  9. 

Comptroller  of  Chicago,  115;  of 
Cook  county,  no. 

Compulsory  education  law,  194-5. 

Common  law,  147. 

Conference  committees,  83. 

Conquest  of  Illinois,  British,  9, 
10;  Clark's,  n. 

Conservator,   169. 

Constables,  101,  118-119,  143. 

Constitution,  1818,  24-25;  1848, 
38-41;  1870,  49-51,  58-59;  ex- 
cerpts, 225-253;  proposed  1862, 
44-45- 

Constitutional  amendments,  Fed- 
eral, 1 3th,  1 4th,  isth,  46;  pro- 
posed 1 3th,  45;  State,  58-59. 

Constitutional  conventions.  See 
Conventions,  constitutional. 

Constitutional    limitations,    39,    61- 

63- 

Contested  elections.  See  Elec- 
tions. 

Contracts,  enforcement  of,  138. 

Conventions,  constitutional,  1818, 
23;  1847,  37-38;  1862,  44-45; 
1869-70,  49;  nominating,  43,  73- 
74- 


Cook,  Daniel  P.,  32. 

Cook  county,  108-111;  courts,  91, 
92;  local  governments  of,  269- 
273;  population,  51;  senatorial 
districts,  78;  special  legislation, 
85,  112-113. 

Coroner,  98. 

Corporation  counsel,  117. 

Corporations,  49-50,  174-176,  181- 
182. 

Correction,  house  of,  162. 

Corrupt  practices,  72. 

Council,  city,  103;  Chicago,  113, 
114,  115. 

Council  of  revision,  24;  abolished, 
40. 

Counsel,  156. 

Counties,  list  in  order  of  their 
erection,  254-255;  population  of, 
274-276. 

County  commissioner  system,  96; 
courts,  99;  Cook  county  courts, 
in;  county  governments  in  Illi- 
nois Territory,  20;  under  consti- 
tution of  1818,  25;  1870,  95-99; 
of  Cook.  108-111;  officers  and 
institutions,  list  of,  266-267; 
township  plan,  41,  97. 

Courts.  See  Judiciary,  County 
courts,  Justices  of  the  peace. 

'Criminal  carelessness,  153;  cases, 
153-159;  class,  160;  court  of 
Cook  county,  156. 

DAMAGES,  138,  153. 

Deaf  and  dumb,  care  of,  171. 

Debt,  State,  35.     See  also  Loans. 

Declaration,  151. 

Defectives,  care  of,  168-172. 

Defendant.  See  Civil  cases,  Crim- 
inal cases. 

Delegates  to  party  conventions,  73. 

Delinquent  boys,  State  home  for, 
165;  class.  See  Criminal  class. 

Distribution  of  powers,  59-61,  76- 
77- 

Divisions,   political,   254-258. 

Documents,  213-253. 

Douglas,  Stephen  A.,  43-44. 


Index 


293 


Drainage  canal.  See  Chicago; 
districts,  107;  Chicago,  119,  269; 
laws,  184. 

ECONOMIC  conditions,  early  period, 
9,  27,  46-48;  recent,  52-55;  eco- 
nomic services  of  the  State,  173- 
189. 

Education,  public,  190-205 ;  early 
history,  35-48. 

Elections,  64-75;  early,  25;  of 
general  assembly,  77-78. 

Elective   franchise.     See  Suffrage. 

Electoral  districts,  67,  256-258. 

Eminent  domain,  62,  185. 

Enabling  act,  21-23;  text,  221-225. 

England.     See  British. 

Entertainments  regulated,   141. 

Entomologist,  State,  183. 

Equalization,  State  board  of,   125. 

Equity,   J47-I49- 

Executive,  State,  85-90,  259-265. 
See  also,  City,  County,  Town, 
and  Village  governments. 

Expenditures,   131-133. 

Explorations,  French,  7-8. 

Extradition,  88. 

FACTORY  legislation,   140. 

Farmers'   institutes,    183. 

Federal  support  of  State  author- 
ity, 145;  troops  in  Illinois,  53- 
54,  210;  relation  of  Federal  to 
State  government,  57. 

Feeble-minded  children,   171. 

Fees,  129. 

Felonies,  154. 

Finances,  Chicago,  115,  286-290; 
State,  121-133;  281-286;  early 
history,  33-34. 

Fire  departments,   104,   116,   139. 

Food,  State  commissioner,   140. 

Ford,  Governor  Thomas,  32,  35. 

Foreign  immigration.  See  Immi- 
gration. 

Fort  Chartres,  8,  10;  Crevecoeur, 
7;  Dearborn,  19;  St.  Louis,  7. 

Foxes.     See  Sacs  and  Foxes. 

French  in  Illinois,  7-10. 


GAG  rules,  37. 

General  assembly,  constitution  of 
1818,  24-25;  1848,  39;  1870,  77- 
85.  259- 

General  property  tax.     See  Taxes. 

"Gerrymander,"  78. 

Good  time  rule,  164. 

Government  ownership.  See  Pub- 
lic ownership. 

Governor,  influence  on  legislation, 
88;  powers  under  constitution, 
1818,  24,  25;  1848,  40;  1870,  85- 
90;  right  to  call  out  militia,  53- 
54,  144.  See  also  Executive, 
Appointing  power,  Veto. 

Governors,  list,  212. 

Grand  jury,  155. 

Habeas  corpus,    155. 
Hamilton,  Governor  Henry,  n. 
Health,    protection    of,     116,    139- 

141. 

Highway  commissioners,  100. 
Highways,  187. 

Historical  events,  list,  207-211. 
House     of     Representatives.     See 

General  assembly. 

ILLINOIS  Territory,  18-20;  organic 
act,  219-221;  population.  See 
Population;  University  of,  198- 
199,  203. 

Illinois  and  Michigan  canal,  34, 
186-187. 

Illinois  Central  Railroad,  128-129. 
See  also  Railroads. 

Illinois   Indians,   6. 

Illinois  National  Guard  and  naval 
reserve,  144-145. 

Immigration,  French,  8-9;  Amer- 
ican, 15,  26,  27;  foreign,  52, 
278. 

Impeachments,  86-87. 

Indenture  laws,  17,  18,  23. 

Indeterminate  sentence,   164. 

Indiana  Territory,  15-17. 

Indians,  6-7,  9,   14,   16,   19,  28-29. 

Indictments,   155-156. 

Individuals,  rights  of,  62,  137. 

Indoor  relief,   167-8. 


294 


Index 


Industrial  conditions.  See  Eco- 
nomic conditions. 

Industry,  State  regulation  of. 
See  Commerce  and  industry, 
State  regulation  of. 

Inheritance  tax,  128. 

Injunctions,   138,   148. 

Insane,  regulation  of,   169-170,177. 

JAILS,   162. 

Joliet,  Louis,  7. 

Judgment,  153,  159. 

Judges.  See  Judiciary  and  Jus- 
tice, administration  of. 

Judicial  districts  and  circuits,  90- 
93,  257-258. 

Judiciary,  State,  90-94,  266.  See 
also  county  courts;  Justice,  ad- 
ministration of;  Justices  of  the 
peace. 

Juries,  62,   152,   155-157. 

Justice,  administration  of,   146-159. 

Justices  of  the  peace,  101 ;  in  Chi- 
cago, IIO-III. 

Juvenile  court  law,   165. 

KANSAS-NEBRASKA  bill,  43. 
Kaskaskia,  8,  10,   11. 

LABOR,  State  board  of  commission- 
ers, 184. 

Labor  and  capital,  52-53,  182-183. 

Land  titles,  14,  17.  See  also  Pub- 
lic lands. 

LaSalle,  explorations,  7. 

Law,  146-149;  department  of,  Chi- 
cago, 117. 

Legislature.  See  General  assem- 
bly. 

Libraries,  public,  204-205. 

Lieutenant  governor,  89. 

Limitations,  constitutional.     See 
Constitutional   limitations. 

Lincoln,  Abraham,  43-46. 

Liquor  laws,   141-142. 

Loans,  State  and  local,  130-131. 

Local    governments,    95-120,    266- 

273- 

Louisiana,  Illinois  a  district  of,  9; 
purchase  of,  16. 


Lovejoy,  Elijah  P.,  37. 
Lunacy,   inquest  in,    169. 

MANUFACTURES.  See  Economic  con- 
ditions, commerce  and  industry. 

Marquette,  visits  to  Illinois,  7. 

Mayor,  104-105;  of  Chicago,  113- 
114. 

Medical  profession  regulated,   139. 

Menard,  Pierre,  first  lieutenant 
governor,  25. 

Militia,  State,  53-54,  87,  144. 

Minority  representation,   78. 

Misdemeanors,   154. 

Missions,  French,  7-9. 

Missouri  compromise  repealed,  43. 

Monopoly,  181-182.  See  also  Cor- 
porations. 

Morals,  State  protection  of,  141- 
142. 

Mormons  in   Illinois,  32-33. 

Miiller  law,  188. 

Municipal  government,  101-106, 
112-120;  ownership,  187-188. 

NATIONAL  guard,  Illinois,  144. 
Nauvoo,  33. 

Naval  reserve,  Illinois,   145. 
Negro,  legal  status  of,  40,  45,  50. 

See  also  Slavery. 
Nominations,  72-75.     See  also  Con-1 

ventions,  nominating. 
Normal  schools,  202-203. 
Northwest    ordinance,    text,    213- 

215;  Territory,  12-15. 

OFFICIAL  ballot.  See  Ballot,  offi- 
cial. 

Outdoor  relief,  167. 

Overseers  of  the  poor,  100,   167. 

Ownership,  public.  See  Public 
ownership. 

PARDONING  power,  87-88. 
Pardons,  State  board  of,  88. 
Parental  schools,  201. 
Paris,  treaty  of,    1763,  9;  of  1783, 

11-12. 
Park   districts,    107,    119-   269,  272- 

273- 
Parole,    164. 


Index 


295 


Parties.     See   Political   parties. 

Party  committees,  74.  See  also 
Steering  committees;  conven- 
tions. See  Conventions,  nomi- 
nating. 

Paupers.     See  Poor  relief. 

Peck,  John  M.,  32. 

Penal  institutions,  162-166. 

People,  definition,  64. 

Pharmacy,  State  board  of,  140. 

Physiography,  3-5. 

Plaintiff,   150-153. 

Pleadings,  151. 

Police,  104,  106,  143;  Chicago, 
US- 

Police  magistrates,   106. 

Police  power,  134-148. 

Political  parties,   72-74;   formation, 

36;  tickets,  69.  See  also  Conven- 
tions, nominating. 

Pontiac's  conspiracy,  9. 

Poor  relief,   166-168. 

Popular  vote,  38-39,  59,  85;  in 
presidential  elections,  279. 

Public  lands,  19,  28. 

Population  of  Illinois,  9,  10,  30-31, 
46,  51;  by  counties,  274-276;  by 
nativity,  26,  30,  46. 

Pre-emption  laws,  19,  28. 

President,  Cook  county  board,  109- 
110. 

President,  village,   102-103. 

Presidential  vote  of  Illinois,  279. 

Primary  elections,  74. 

Prisons.     See  Penal  institutions. 

Private  initiative,   134-135. 

Probation  officers,   165. 

Property,  real  and  personal,  122. 

Property  rights,   137-138. 

Prosecution,  149,   154-159. 

Public  schools.  See  Education; 
ownership,  134-135,  185-189; 
works,  commissioner,  Chicago, 
116. 

Publicity  for  corporations,  176, 
178. 

Punishment,  theories  of,  161. 

QUEBEC  act,  10. 


RAILROAD  and  warehouse  commis- 
sioners, 178,  179,  181. 

Railroads,  early  history,  34,  49; 
State  aid,  185;  State  regulation, 
177-179. 

Railways,  street,  180. 

Recorder  of  deeds,  88. 

Referendum.     See  'Popular  vote. 

Reformatories,    165. 

Registration  of  voters,  67-68. 

Representatives.  See  General  as- 
sembly. 

Religion,  relation  of  the  State  to, 
142. 

Review,  boards  of,  124-125. 

Revolution,  American,  1 1. 

Rights.  See  Bill  of  rights,  Indi- 
viduals. 

Riot,  137. 

Roads.     See  Highways. 

Rocheblave,  n. 

SACS  and  Foxes,  6,  29. 

St.  Clair,  Governor,  14;  county, 
14. 

Sanitary  district  of  Chicago,  119. 

Schools.     See  Education. 

Sheriff,  97,  127,  144. 

Secret  ballot  See  Ballot,  Austra- 
lian. 

Secretary  of  State,  89. 

Sectionalism,  42-46.  See  also 
Slavery. 

Self-help,   134-135. 

Seminary  fund,   198. 

Senate.     See  General  assembly. 

Senatorial  districts,  77-78,  256. 

Sentence,  159. 

Shelter,  House  of,   162. 

Slavery  in  Illinois,  9,  13-14,  17, 
23,  25.  31-32;  prohibited,  40,  46; 
proposed  amendment,  45.  See 
also  Indenture  laws;  Negro, 
legal  status  of. 

Smith,  Joseph,  32. 

Socialism,  186. 

Soldiers'  and  sailors'  home,  wid- 
ows' home,  orphans'  home,  168. 

Speaker  of  the  House,  80,  83. 

Special  assessments,  129. 


2g6 


Index 


Special  legislation,  50,  84-85,  112- 
i'3.  i?5- 

State  action,  134. 

State  and  Federal  governments, 
relations  of,  57. 

State  superintendent  of  public  in- 
struction, 89,  203,  204. 

State's  attorney,  98. 

Statute  law,  147. 

Steering  committees,  82. 

Strikes.     See  Labor  and  capital. 

Subpoenas,    151. 

Suffrage,  64-65;  early  history,  12, 
30,  57.  See  also  Elections, 
Negro  voters. 

Summons,   151. 

Superintendents  of  schools,  city, 
county,  town,  201;  State  super- 
intendent, 203,  204. 

Superior  court  of  Cook  county, 
in. 

Supervisor   of   assessments,    123. 

Supervisors,   100;  boards  of,   124. 

Supreme  court,  93,  153,  159;  dis- 
tricts, 257. 

Surveyor,  98. 

TAXES,  121-130. 

Territory.     See    Illinois   Territory. 

Tippecanoe,  19. 

Tonty,  Henri  de,  8. 

Town  government,  99-101;  in  Chi- 
cago, 118-119,  270;  list  of  offi- 
cers, 267-268. 

Township  organization,  40-41,  97; 
school  township,  199;  high 
school,  201;  survey  system,  12. 

Transportation.  See  Railroads, 
Commerce,  Economic  condi- 
tions. 


Treason,  137. 

Treasurer,    State,    90;    county,    98; 

city,    106,    115;    school   township, 

199. 

Trials,   151-153,   156-159. 
Troops,  U.   S.,  53-54. 
Truant  officers,   195. 
Trusts    and    combinations    of    cap- 
ital.    See  Corporations. 

UNITED   STATES.     See  Federal. 
University    of    Illinois.     See    Illi- 
nois, University  of. 

VETO,  of  Council  of  Revision,  24; 
governor,  40,  50,  80-84;  mayor, 
104,  114;  president,  Cook  county 
board,  109-110;  village  presi- 
dent, 103. 

Verdict,   152-153,   158. 

Village  government,  102-103;  list 
of  officers,  268. 

Vincennes,  Clark's  capture,  n. 

Virginia,  Illinois  county  of,  n. 

Voters,  rights  of,  66-67;  registra- 
tion, 67-68.  See  also  Suffrage, 
Elections. 

Votes,  counting  of,  68-72. 

WARDS,  103;  Chicago,  113. 

Warehouses,  180. 

Wars,     Revolutionary,     n;     1812, 

19;    Black  Hawk,  29;   Civil,  44- 

46. 

Watchers,  69. 

Wayne,  treaty  of  Greenville,  14. 
Winnebago  Indians,  6,  29. 

YATES,  Governor  Richard,  44-45. 


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