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Full text of "The government of Illinois; its history and administration"

OF 

S LIBRARY 
4 iMA-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 ^f c r s acter " 
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 '" P resent 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 Mar i uette - 
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. we re 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, P loneers - 
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 Territor y-. 
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 warar e< 
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. or g an i ze( j. j n 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- l dmi T " 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. 
k lbid.; 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 ntrovers y- 

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. j nterna i 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. exce p t ^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 ^ secon j 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. 



4 6 



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. ra pjd 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 

ofigss 1 ^ 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- PP ulatlon - 
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 P r - 

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 * d c ^ 
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 kttS, 

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*lit f the UKe4 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. j nto 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 assembl y- 
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 P ar ty 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. 



8 4 



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 

t . and remov- 

therefore report to him regularly and on such special a is. 
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 na cl 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 le s islatlon - 
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. Th e 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 surveyor 6 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 

a Hurd, 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 mumci P al 

* 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- men t are l a id 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 car efully 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 
ciTcivii 16 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 
I 93~ 2I 3) 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 y ear : ^33- ^ n tnat y ear > 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- 
mlnts epar c ^ ^ as a g reat deal f freedom. City offices are 

Kurd, Revised Statutes, ch. 24, 14-47, 7 2 ~&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. t j ye wor k it i s 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 

1 Hurd, 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 

1 Hurd, 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 er d 

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 ^ en j e " 
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 

x Hurd, 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 i l / 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. U p more than two-thirds. 

l Hurd, 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- ^ O f 
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 on v ^ 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 u P" 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. 
s lbid., 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. Uieor y. 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- 

ernmentai V 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 

firted r ' 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 s r tate , 

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 p ersonal 

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. 
a lbid.,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 " nea l tn > the l aw 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. 

1 Hurd, 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. O f 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 court 1 

When a suit is to be begun, the plaintiff must apply Preliminary 
to the clerk of the proper court for a writ summoning P 1 " 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 tna l 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 

x Hurd, 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 *PP eals - 
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 

1 Hurd, 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 

l Hurd, 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. p eace> 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 

1 Hurd, 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 a PP eals - 
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 

x Hurd, 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 an d 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. SU p erv i s j on o f 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 f s a f f ctor 

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 
(rfTateen- 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- ^ ma king 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. 

2 Hurd, 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 a e nculture - 
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- enter P nses - 
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 

1 Maltbie, "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 ^ ^J 855 
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 : ^Lw 6 

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- 
toaii 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 

1 Hurd, 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 t ownshl P- 
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 

1 Hurd, 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 * e f de f* of 

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 su P erintend - 
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 

1 Hurd, 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 Umverslt y- 
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 su P enntend - 
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 Capitol 2 at Springfield. Still more important are 

1 Hurd, 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 

J Hurd, 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. Ewing 4 
Joseph Duncan 


Kentucky 
Kentucky 


Republican 
Democrat 
Democrat 


1834 
1834 
1838 


Thomas Ford 
Augustus C. French 
Joel A. Matteson . 
William H. Bissell 8 
John Wood 4 


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. Oglesby 6 
John L. Beveridge 8 , 
Shelby M. Cullom 7 
John M. Hamilton 8 
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. 4 Elected as Lieutenant Governor. 'Resigned January 23, 1873. 
'Elected as Lieutenant Governor. 'Resigned February 6, 1883. 8 Elected 
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- a f d property 
tion of the people in the legislature ; and of judicial proceedings ri s hts - 
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 In dians. 
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 cer tain 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 P ress< 
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 ]i c use without just compensation. Such compensation, when 

property not ma( j e b y 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 REPRESENTATION 1 

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 j anuar y, 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 
f or 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- o f 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. J n 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 J ucJ s cs - 
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 J ud s es - 
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 



Historical Documents 



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. 

3 1 - [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 



Historical Documents 



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 



Historical Documents 



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 count y- 
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.] 



Historical Documents 



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- b y 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 vote d f or 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 amen ded 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 p ass 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 v p ters 
tion, general, municipal or special; and no local or special law . 1 e f 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 o f 
Organ- 
ization 


Area, 
Square 
Miles 


i St Clair 




680 




1825 






1795 


560 


44 Vermilion 


1826 


882 




1812 






1826 


c 7 6 




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 


g 7 e 




1836 




23 Pike 


182 


7 rg 


*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 


o O 6 


J33 Wabash 


1824 
1825 


220 


*75 DuPage 


1839 

1839 


340 




1825 


830 




1839 






1825 


780 




1839 


311 




1825 


g 2 c 


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 


J I erse t y 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. 

I2 7 b.) 

(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 

STATISTICAL TABLES 



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Statistical Tables 



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276 



Appendix E 



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Statistical Tables 



277 



gi CITIES OF 10,000 OR MORE INHABITANTS. 
18501900 

[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 






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 





*J. Q. Adams, Nat. 


Rep. i 






Henry Clay, Whig 









Crawford, Dem. 





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, I9O2 1 

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 funds 1 . 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 trusts 1 ) 



$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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