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Full text of "Laws of the State of Illinois"

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WESTERN ILLINOIS UNIVERSITY LIBRARY 

ILLINOIS. 348ILLI 

ILX C001 

LAWS OF THE STATE OF ILLINOIS! SPRINGFIE 



3 1711 00532 7320 



- - 



DOCUMENTS COLLECTION 

£>o Not Take From This Room 



8K&YSC iN LAW COLLECTION 



SEP 1 5 1971 

DOCUMENTS LIBRARY 
WESTERN ILLINOIS UNIVa 

MACOMB, 1LLLN0I8 



Digitized by the Internet Archive 

in 2011 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1903illi 



LAWS 



STATE OF ILLINOIS 



ENACTED BY THE 



FORTY-THIRD GENERAL ASSEMBLY 



AT THE REGULAR BIENNIAL SESSION. 

Begun and held at the Capitol, in the oity of Springfield, 

on the seventh day of january, a. d. 1903, and 

adjourned sine die on the seventh 

day of May, A. D. 1903. 



Printed by Authority oj the General Assembly of the 
State of Illinois. 



SPINGFIELD, ILL.: 
Phillips Bros., State Printers, 

1903. 



DOCUMENTS LIBRARY 
WESTERN ILLINOIS UNIV. 
MACOMiJ, ILLINOIS 

SEP 1 5 ,97! 



TABLE OF CONTENTS. 



ADMINISTRATION OP ESTATES: Page. 

An act to amend and revise section 23 of an act entitled, "An act in regard to the ad- 
ministration of estates." approved April 1. 1872, in force July 1, 1872 1 

An act to amend section 70 of an act entitled, "An act in regard to the administration 
of estates," approved April 1, 1872, and in force July 1, 1872, as amended by an act 
approved June 5, 1889, in force July 1, 1889 3 

AGRICULTURE AND HORTICULTURE: 

An act to amend section 6 of "An act creating the Illinois Farmers' Institute," ap- 
proved June 24. 1895 4 

An act to amend sections one (1), three (3) and five (5) of an act entitled, "An act to 
prevent fraud in the manufacture and sale of commercial fertilizers," approved 
June 29, 1885, in force July 1, 1885 4 

ANIMALS: 

An act to amend section three (3) of an act entitled, "An act to protect stock breeders 
within tbe State of Illinois," approved June 10, 1887, in force July 1, 1887. as 
amended by act approved June 1, 1889, in force July 1, 1889 6 

An act to amend sections 1,2,3,4,5,8,9 and 10 ot an act entitled, "An act to regulate 
the practice of veterinary medicine and surgery in the State of Illinois," approved 
April 24. 1899, in force July 1. 1899 6 

APPRENTICES: 

An act to amend section 10 of an act entitled. "An act to revise the law in relation to 
apprentices." approved Feb. 25, 1874, in force July 1, 1874 10 

APPROPRIATIONS : 

An act to provide for improvements in Memorial hall and Adjutant General's office.. 11 

An act to extend the equipment and increase the instruction in the College of Agri- 
culture, and to provide for the extension of the Agricultural Experiment Station, 
and to make appropriations therefor 11 

An act to extend the equipment and increase the instruction in the College of Agri- 
culture, and to provide for the extension of the Agricultural Experiment Station, 
and to make appropriations therefor 16 

An act making an appropriation in aid of the Illinois State Horticultural Society 21 

An act making an appropriation for the State Board of Agriculture and county and 
other agricultural fairs 21 

An act making an appropriation for the State Board of Agriculture to be used in the 
construction of permanent buildings and making improvements, and for beautify- 
ing the State fair grounds at Springfield, 111 23 

An act for the relief of Mrs. John P. Altgeld, widow of the late ex-Governor, and to 
make an appropriation therefor 24 

An act making an appropriation {or the Illinois Live Stock Breeders' association.... 24 

An act making an appropriation for the Illinois State Bee Keepers' association 25 

An act to provide for a deficiency in the expenses of public binding for the fiscal 
year ending June 30, 1903 26 

An act making an appropriation to meet a deficiency in the expenses of the State 
Board of Arbitration 27 

An act creating a commission consisting of three persons to be appointed by the 
Governor of the State, whose duty it shall be to employ a competent engineer or 
engineers to ascertain the cost of straightening and dredging Cache river and 
make appropriation therefor 27 

An act making an appropriation for the Illinois Industrial Home for the Blind, 
Chicago 29 

An act making an appropriation for the Illinois Industrial Home for the Blind, 
Chicago 29 



IV CONTENTS. 



APPROPRIATIONS— Continued. Page. 

An act making: appropriations for the State charitable institutions herein named.... 30 

An act making an appropriation for the ordinary and other expenses of the State 
charitable institutions herein named — 35 

An act making appropriation for St. Charles Home for Boys 36 

An act to make appropriations for the payment of amounts awarded by the Commis- 
sion of Claims to certain persons named therein 37 

An act making: an appropriation for the Illinois Dairymen's association 38 

An act entitled, "An act to provide for the reappropriation of the unexpended bal- 
ance of funds appropriated in an act entitled, 'An act to provide for the participa- 
tion of the State of Illinois in the Louisiana Purchase Exposition, to be held in the 
city of St. Louis during the year 1903. in commemoration of the purchase of the 
Louisiana territory by the United States from the government of France in the 
year 1803, and for an appropriation to pay the costs and expenses of the same," ap- 
proved May 9, 1901, in force July 1, 1901 38 

An act making an appropriation for the Illiniois Farmers' Institute and county 
farmers' institutes 39 

An act to make an appropriation for the benefit, aid and maintenance of the Illinois 
Firemen's association 41 

An act appropriating money to purchase and perpetuate the historic Fort Massac as 
a State park 42 

An act making appropriations for the payment of the employes of the 43d General 
Assembly 43 

An act to provide for the incidental expenses of the 43d General Assembly of the 
State of Illinois, and for the care and custody of the State House and grounds, to 
be incurred and now unprovided for 44 

An act making an appropriation for the payment of the officers and members of the 
next General Assembly, and for salaries of the officers of the State government.... 44 

An act making an appropriation for the maintenance and protection of the Illinois 
and Michigan canal, and for the necessary and extraordinary expenses thereof 45 

An act making an appropriation to provide for a deficiency in the ordinary and con- 
tingent expenses of the State Board of Live Stock Commissioners 45 

An act making an appropriation of five thousand (5,000) dollars for the erection of a 
suitable memorial to the memory of Mary A. Bickerdy ke 46 

An act to provide for the dedication of the monuments erected by the State of Illi- 
nois on the Battlefield of Shiloh 47 

An act to provide for the erection of monuments and markers to commemorate the 
services and mark the position of Illinois Volunteers in the campaign and siege of 
Vicksburg, Mississippi, and making appropriation therefor 48 

An act making an appropriation for the purchase of a site and building for an 
armory for the organizations of the Illinois National Guard located at Blooming- 
ton, Illinois , 49 

An act to provide for improvements for the Illinois National Guard and Naval Militia 
at Camp Lincoln 50 

An act appropriating eight hundred and eighty dollars ($880) to reimburse the First 
Infantry Illinois National Guard, for property turned over by said regiment to the 
State of Illinois at the time when said regiment was mustered into the service of 
the United States during the Spanish- American war 51 

An act to provide for certain repairs and improvements at the Logan rifle range 51 

An act to provide for the ordinary and contingent expenses of the Illinois National 
Guard and the Naval Militia of Illinois 52 

An act to provide for the purchase of uniforms, blankets and tents for the Illinois 
National Guard and the Naval Militia of Illinois 53 

An act making an appropriation to provide for a deficiency to pay for conveying 
female offenders to the State Home for Juvenile Female Offenders 53 

An act making an appropriation for the Southern Illinois Pententiary, and to enable 
the commissioners thereof to keep the convicts in said penitentiary employed 54 

An act to make appropriations for ordinary and other expenses of the Illinois State 
Penitentiary at Joliet .". 55 

An act making appropriations for the Illinois State Reformatory at Pontiac for the 
two years beginning July [1,1 1903, and ending July 1, 1905 56 

An act making an appropriation to repair the north cell house of the Illinois State 
Reformatory, partly destroyed and damaged by fire on the 8th day of May, 1902, and 
also to repair the main building of said reformatory, damaged by fire on the 30th 
day of October. 1902 57 



An act making an appropriation for the Illinois State Poultry Association 58 

An act making appropriation for the ordinary expenses of the Eastern Illinois State 

Normal School 58 

An act making appropriation for the E astern Illinois State Normal School 59 



CONTENTS. 



APPROPRIATIONS— Concluded. Page 

An act to appropriate money for the ordinary expenses of the Northern Illinois State 
Normal School, DeKalb 60 

An act making appropriation to the Northern Illinois State Normal School, DeKalb.. 60 

An act to make an appropriation to construct and furnish a building for a library and 
museum at the Southern Illinois Normal University at Carbondale, Illinois 61 

An act to make an appropriation for the ordinary expenses of the Southern Illinois 
Normal University at Carbondale, Illinois 62 

An act to make an appropriation for the ordinary expenses of the Illinois State 
Normal University, at Normal, Illinois 63 

An act making an appropriation for the Western Illinois State Normal School 64 

An act making an appropriation to defray the ordinary expenses of the Western 
Illinois State Normal School 65 

An act appropriating to the University of Illinois the money granted in an act of 
Congress, approved August 30, 1890. entitled, "An act to apply a portion of the pro- 
ceeds of the public lands to the more perfect endowment and support of the col- 
leges for the benefit of agriculture and the mechanic arts, established under the 
provisions of an act of Congress, approved July 2, 1862" 66 

An act making appropriations for the University of Illinois 66 

An act to provide for the ordinary and contingent expenses of the State government, 
until the expiration of the fiscal quarter after the adjournment of the next regular 
session of the General Assembly 69 

An act for the relief of the destitute people in Northern Sweden and Finland 82 

An act to select commissioners to expend not to exceed nine thousand (9,000) dollars 
in purchasing a life-sized marble or bronze statue of the late Prances E. Willard, 
and to provide a pedestal or base therefor, the statue and pedestal to be appropri- 
ately inscribed and ornamented, and also to defray the expense of transporting the 
same to Washington, D. C, when completed, and erecting it in the National Statu- 
ary Hall, at Washington, D. C 83 

ARBITRATIONS AND AWARDS: 

An act to amend section 1 of an act entitled, "An act to create a State Board of Arbi- 
tration for the investigation or settlement of differences between employers and 
their employe's, and to define the powers and duties of said board," approved and 
in force August 2, 1895 84 

ATTORNEY GENERAL AND STATES' ATTORNEYS: 

An act to amend an act entitled, "An act in regard to attorneys general and States' 
attorneys." approved March 26, 1874, in force July 1, 1874, by adding thereto anew 
section, to be known as section 6a 85 

BONDS: 

An act making provision for the refunding of surplus funds in the State treasury to 
the credit of the bond funds of counties, townships, cities, towns, school districts, 
and other municipal corporations, having bonds registered in the office of the Aud- 
itor of Public Accounts, when such bonds have become barred by the statute of 
limitations 88 

CANADA THISTLES: 

An act to amend "An act concerning Canada thistles," approved and in force March 
15, 1872; as amended by an act of Jnne 27. 1885; also, by adding the following sec- 
tions: "10, 11, 12, 13, 14 and 15" declaring certain weeds nuisances, and providing 
for their destruction by county boards in counties where boards of town auditors 
of two or more townships have been consolidated or abolished 87 

CEMETERIES: 

An act to provide for the organization, ownership, management and control of ceme- 
tery associations 90 

CHARITIES: 

An act to amend section one (1) of an act entitled, "An act to regulate the State char- 
itable institutions and the State Reform School, and to improve their organization, 
and to increase tb eir efficiency." approved April 15, 1875, in force July 1, 1875 93 

An act to amend an act entitled, "An act to establish and maintain a soldiers' and 
sailors' home in the State of Illinois, and making an appropriation for the purchase 
of land and the construction of the necessary buildings," approved June 26, 1885, in 
force July 1, 1885, by adding thereto four sections, to be known as section 3a, sec- 
tion 3b, section 3c, and section 3d, respectively 93 



VI CONTENTS. 



CITIES, TOWNS AND VILLAGES: Page. 

An act to legalize certain elections held nnder "An act to provide for the incorpora- 
tion of cities and villages." approved April 10,1872, in force July 1,1872 95 

An act to insure better protection of the public from accidents arising out of elevator 
service 96 

An act to provide for the appointment of a board of fire and police commissioners in 
all cities of this State having a population of not less than seven thousand nor 
more than one hundred thousand, and prescribing the powers and duties of such 
board , 97 

An act to amend section 4 of an act entitled, "An act concerning local improve- 
ments," approved June 14, 1897, as amended April 19, 1899 101 

An act to amend section 4 of an act entitled, "An act concerning local improve- 
ments," approved June 14, 1897, in force July 1, 1897; as amended by act approved 
April 19, 1899, in force July 1,1899 101 

An act to amend sections nineteen (19). thirty-eight (38), forty-two (42), sixty-one (61), 
seventy-four (74), and eighty-four (84), of an act entitled, "An act concerning local 
improvements," approved June 14, 1897, in force July 1, 1897, and all amendments 
thereto, and to validate all proceedings thereunder 102 

An act to amend sections 1,2,3,4,6,9,10 and 11, of an act entitled. "An act to provide 
for the setting apart, formation and disbursement of a police pension fund in 
cities, villages and incorporated towns," approved April 29, 1887, in force July 1, 1887; 
as amended by an act approved April 24, 1899, in force Juiy 1,1899; as amended by 
act approved May 11,1901, in force July 1,1901 107 

An act in relation to the sanitary district of Chicago, to enlarge the corporate limits 
of said district, and to provide for the navigation of the channels created by such 
district, and to construct dams, water wheels and other works necessary to develop 
and render available the power arising from the water passing through its chan- 
nels, and to levy taxes therefor 113 

An act to amend section 1 of an act entitled. "An act concerning villages and incor- 
porated towns," approved June 9.1887. in force July 1.1887 117 

CONVEYANCES: 

An act to amend section 20 of an act entitled, "An act concerning conveyances." ap- 
proved March 29, 1872, and in force July 1, 1872; as amended by an act approved 
March 27. 1874, in force July 1, 1874 118 

An act to legalize acknowledgments of deeds, mortgages and other instruments in 
writing, heretofore taken by any notary public, justice of the peace or other officer, 
who may have been a stockholder in any such corporation at the time of taking 
such acknowledgment 120 

An act to amend sections seven (7) and eighteen (18) of an act entitled, "An act con- 
cerning land titles," approved and in force May 1,1897 121 

CORPORATIONS: 

An act to amend section 2 of an act entitled, "An act requiring corporations to make 
annual report to the Secretary of State, and providing for the cancellation of arti- 
cles of incorporation for failure to do so, and to repeal a certain act therein 
named." approved May 10, 1901. in force July 1, 1901 123 

An act to amend sections 5a, 5b, 5c. 5d, 6a, 6b, 6d, 7, 8, 13, 14, 15, 18, 22 and 24 of an act en- 
titled, "An act to enable associations of persons to become a body corporate to raise 
funds to be loaned only among the members of such association," in force July 1, 
1879. as amended by acts approved June 17. 1887, in force July 1, 1887, June 19, 1891, in 
force July 1, 1891, June 19, 1893, in force July 1, 1893, June 16, 1897. in force July 1. 1897. 
and April 24, 1899, in force July 1, 1899, and by adding thereto sections lb and 8b 124 

An act to amend section 1 of an act entitled, "An act to provide for changing the 
names, for changing the places of business, for increasing or decreasing the capital 
stock, for increasing or decreasing the number of directors, for enlarging or chang- 
ing the objects for which such corporations were formed, and for the consolidation 
of incorporated companies," approved and in force March 26, 1872, as amended by an 
act approved June 14, 1887, and in force July 1, 1887, as amended by act approved June 
6, 1889, in force July 1, 1889, and to authorize corporations to increase or decrease the 
number of shares of capital stock, and to increase or decrease the amount of each 
share of capital stock 131 

An act to give to church corporations power to lease, improve, mortgage, bond, sell or 
otherwise dispose of any real estate heretofore andinow held by said church corpo- 
ration, in whole or in part for business purposes 132 

An act authorizing the trustees of any corporation having control of any educational 
or charitable corporation, or any funds thereof, under the care or patronage of any 
religious denomination, where they find that the purposes for which the corporation 
was created can not be carriedlout, authorizing such trustees to close up the affairs 
of such corporation 133 

An act entitled, "An act to amend section 1 of an act entitled, 'An act regarding fees 
for the incorporation and the increase of capital stock of companies and corpora- 
tions in this State,' " approved June 15, 1895. in force July 1, 1895, as amended by an 
act approved April 24, 1899, in force July 1, 1899 134 



CONTENTS. VII 



COUNTIES: Page, 

An act to amend section twenty-seven (27) of an act entitled. "An act to revise the law 
in relation to counties," approved and in force March 31, 1874 135 

An act to amend sections one (1). two (2) and (5) of an act entitled, "An act to create 
and establish boards of health in counties not under township organization, and in 
townships in counties under township organization, outside of the corporate 
limits of incorporated cities and villages, to prescribe their duties and powers, and 
provide for enforcing the same," approved May 10, 1901, in force July 1, 1901 136 

An act to amend section fifty-six (56) of an act entitled, "An act to revise the law in 
relation to counties, approved and in force March 31, 1874 137 

An act for the relief of the blind 138 

COURT OP CLAIMS: 
An act to create the Court of Claims and to prescribe its powers and duties 140 

COURTS: 

An act to repeal an act entitled. "An act to provide for additional judges of the cir- 
cuit and superior courts of the county of Cook," approved May 10, 1901, in force 
July 1,1901 143 

An act to amend section thirty-two of an act entitled, "An act to revise the law in re- 
lation to circuit courts and the superior court of Cook county." approved Pebruary 
18, 1874. in force July 1, 1874 143 

An act to fix the time of holding the circuit courts in the county of Jefferson 144 

An act to amend section 3 of "An act concerning circuit courts, and to fix the time 
for holding the same in the several counties in the judicial circuits of the State of 
Illinois, exclusive of the county of Cook," approved May 24, 1879, in force July 1, 
1879. as amended June 11, 1897, in force July 1,1897 144 

An act to amend section five (5) of an act entitled, "An act to amend an act concern- 
ing circuit courts, and to fix the time for holding the same in the several counties 
in the judicial circuits of the State of Illinois, exclusive of the county of Cook." ap- 
proved May 24, 1879, in force July 1, 1879, approved June 11. 1897, in force July 1,1897. 146 

An act to amend section six (6) of an act entitled, "An act to amend an act concern- 
ing circuit courts, and to fix the time for holding the same in the several counties 
in the judicial circuits of the State of Illinois, exclusive of the county of Cook," ap- 
proved May 24, 1879, in force July 1, 1879, approved June 11, 1897, in force July 1. 1897. 146 

An act to amend section seven of chapter thirty-seven of an act fixing the terms of 
holding court in the several judicial circuits of the State of Illinois, exclusive of 
Cook county, approved June 11, 1897, and in force July 1,1897 147 

An act to amend section eleven (11) of an act entitled, "An act to amend an act con- 
cerning circuit courts, and to fix the time for holding the same in the several coun- 
ties in the judicial circuits of the State of Illinois, exclusive of the county of Cook," 
approved May 24, 1879, in force July 1, 1879. approved June 11, 1897. in force July 1, 
1897, as amended by act approved May 11, 1901. in force July 1, 1901 147 

An act to amend section 12 of "An act concerning circuit courts, and to fixlthe time for 
holding the same in the several counties in the judicial circuits of the State of Illi- 
nois, exclusive of the county of Cook," approved May 24, 1879, in force July 1, 1879, 
as amended June 11. 1897, in force July 1. 1897 148 

An act to authorize the judges of county courts to appoint shorthand reporters for 
the taking and preservation of evidence, and to provide for their compensation, in 
counties having a population of not more than 200, 000 149 

An act to amend section 27 of an act entitled. "An act to extend the jurisdiction of 
county courts, and to provide for the practice thereof, to fix the time of holding the 
same, and to repeal an act therein named," approved March 26, 1874. in force July 
1,1874 150 

An act to amend section 53 of an act entitled, "An act to extend the jurisdiction of 
county courts, and to provide for the practice thereof, to fix the time of holding the 
same, and to repeal and act therein named," approved March 26, 1874, in force July 
1,1874 150 

An act to amend section 80 of an act entitled, "An act to extend the jurisdiction of 
county courts, and to provide for the practice thereof, to fix the time for holding 
the same, and to repeal an act therein named," approved March 26, 1874, in force 
July 1, 1874, as amended by act approved and in force April 9, 1891 151 

An act to amend section 91*2 of an act entitled "An act to extend the jurisdiction of 
county courts, and to provide for the practice thereof, to fix the time for holding 
the same, and to repeal an act therein named," approved March 26, 1874. in force 
July 1, 1874, as amended by an act approved March 25, 1887, in force March 25, 1887... 151 

An act to amend section ninety (90) of an act entitled "An act to extend the jurisdic- 
tion of county courts, and to provide for the practice thereof, to fix the time for 
holding the same, and to repeal an act therein named," approved March 26, 1874, in 
force July 1, 1874 162 

An act to amend section 106 of an act entitled "An act to extend the jurisdiction of 
county courts, and to provide for the practice thereof, to fix the time for holding 
same, and to repeal an act therein named," approved March 26. 1874. in force July 
1, 1874, as amended by an act approved May 10, 1901, in force July 1, 1901 152 



Till CONTENTS. 



COURTS— Concluded. Page. 

An act to authorize the several county and probate judges in this State to inter- 
change, hold court for each other, and perform each other's duties 153 

An act changing the boundaries of the Fourth Supreme Court District of the State 
of Illinois, and thereby affecting the boundaries of other districts therein named 
and providing for an election in said fourth district 153 

An act entitled "An act to amend section 17 of an act entitled 'An act to revise the 
law in relation to the Supreme Court,' approved March 23, 1874, in force July 1, 
1874" 154 

CRIMINAL CODE: 

An act making it a misdemeanor to abandon or wilfully neglect to provide for the 
support and maintenance, by any person, of his wife, or of his or her minor chil- 
dren in destitute or necessitous circumstances 155 

An act to amend an act entitled "An act to revise the law in relation to criminal 
jurisprudence." approved March 27, 1874, in force July 1, 1874, by adding thereto 
the following, to be known as section Sl^ 156 

An act to amend section 1 of an act entitled "An act for the protection of bank de- 
positors," approved June 4, 1879, in force July 1, 1879 , 156 

An act for the protection of Chautauqua associations, for the appointment by them 
of special police officers, and to fix penalties for the violation of the rules of such 
associations 157 

An act to amend section 42i of "An act to revise the law in relation to criminal juris- 
prudence," approved March 27. 1874, in force July 1, 1874, as amended by act ap- 
^ proved June 10, 1897, in force July 1,1897 158 

An act to amend section 4 of an act of the General Assembly of the State of Illinois, 
entitled "An act to regulate the manufacture, transportation, use and sale of ex 
plosives, and to punish an improper use of the same," approved June 16, 1887, and 
in force July 1, 1887, and amended by an act of the General Assembly of the State 
of Illinois, approved May 28, 1889, and in force July 1, 1889 159 

DRAINAGE: 

An act to require drainage districts lying above a lower drainage district, or empty- 
ing into a lower drainage district, whether such districts be organized under the 
same or different drainage laws of this State, to pay to the lower drainage district, 
for benefits received, if any, by the lands of the upper district, by the enlarging or 
improving of the ditches or drains of the lower district, or the construction of an 
outlet or outlets for the ditches or drains of the lower district, within or outside 
the boundaries of said lower district; and to provide for the collection and pay- 
ment of such benefits 160 

An act to amend section 59 of an act entitled "An act to revise and amend an act and 
certain sections thereof entitled 'An act to provide for the construction, repara- 
tion and protection of drains, ditches and levees across the lands of others for 
agricultural, sanitary and mining purposes, and to provide for the organization of 
drainage districts,' approved and in force May 29, 1879, as amended by certain acts 
herein entitled and to repeal certain laws therein named, approved June 30, 1885, in 
force July 1, 1885 162 

An act to amend section fifty-seven (57) of an act entitled "An act to revise and 
amend an act, and certain sections thereof, entitled 'An act to provide for the con- 
struction, reparation and protection of drains, ditches and levees across the lands 
of others, for agricultural, sanitary and mining purposes, and to provide for the 
organization of drainage districts." approved and in force May 29, 1879, as amended 
by certain acts herein entitled, and to repeal certain laws therein named, approved 
June 30, 1885, in force July 1, 1885, as further amended by an act approved and in 
force June 3, 1889 168 

DRAM SHOPS: 

An act to provide for the granting of licenses for the sale of spirituous or vinous 
liquors , and providin g for a penalty for a violation thereof, 164 

ELECTIONS: 

An act to amend sections 1 and 14 of an act entitled "An act to amend an act entitled 
'An act regulating the holding of elections and declaring the results thereof in 
cities, villages and incorporated towns in this State,' approved June 19, 1885, in 
force July 1, 1885, as amended by an act approved June 18, 1891, in force July 1, 1891, 
approved April 24, 1899, in force July 1,1899 166 

An act to repeal section 19 of article 4 of an act entitled "An act regulating the hold- 
ing of elections and declaring the result thereof in cities, villages and incorporated 
towns in this State," approved June 19, 1885, in force July 1, 1885 167 

An act to amend section 18 of article 4 of an act entitled "An act regulating the hold- 
ing of elections and declaring the result thereof in cities, villages and incorpo- 
rated towns in this State," approved June 19, 1885, in force July 1, 1885, as amended 
by an act approved April 24, 1899, in force July 1, 1899 167 



CONTENTS. IX 



ELECTIONS— Concluded. Page. 

An act to amend sections 32, 33 and 34 of article 3 of an act entitled "An act regulat- 
ing the holding of elections and declaring the result thereof in cities, villages and 
incorporated towns in this State." approved Judo 19. 1885, in force July l, 1685. as 
amended by an act approved April 24, 1899, in force July 1, 1899 168 

An act to amend section 17 of article 4 of an act entitled "An act regulating the hold- 
ing of elections and declaring the result thereof in cities, villages and incorporated 
towns in this State," approved June 19, 1885, in force July 1, 1885 170 

An act to amend section 15 of article 4 of an act entitled "An act regulating the hold- 
ing of elections and declaring the result thereof in cities, villages and incorporated 
towns in this State," approved June 19, 1885, in force July 1, 1885; as amended by 
act approved June 18, 1891, in force July 1,1891; as amended by act approved April 
24,1899, in force July 1, 1899; as amended by act approved May 10, 1901, in force 
July 1, 1901; as amended by acts approved May 11, 1901, in force July 1, 1901 170 

An act to amend sections thirty (30) and thirty-three (33) of an act entitled. "An act 
in regard to elections, and to provide for filling vacancies in elective offices," ap- 
proved April 3, 1872, in force July 1, 1872, as amended by an act approved June 3, 
1897, in force July 1, 1897, and as amended by an act approved April 24, 1899, in force 
July 1, 1899; as amended by act approved May 10, 1901, in force July 1. 1901 172 

An act to amend section 8 of an act entitled, "An act to provide for the printing and 
distribution of ballots at public expense, and for the nomination of candidates for 
public offices, to regulate the manner of holding elections and to enforce the 
secrecy of the ballot," approved June 22, 1891, in force July 1, 1891; as amended by 
an act approved May 6, 1897, in force July 1, 1897 174 

An act to amend section 62 of an act entitled, "An act in regard to elections, and to 
provide for the filling of vacancies in elective offices." approved April 3, 1872, in 
force July 1, 1872, as amended by an act approved May 29. 1889, in force July 1,1889.. 175 

An act to amend section one (1) of an act entitled, "An act providing for primary 
elections of delegates to nominating conventions of political organizations, and to 
promote the purity thereof by regulating the conduct thereof, and to support the 
privileges of free suffrage thereat by prohibiting certain acts and practices in re- 
lation thereto, and providing for the punishment thereof," approved and in force 
February 10, 1898, as amended by acts approved May 11, 1901, and in force July 1, 1901 176 

An act to provide for the use of voting machines at elections for casting, registering, 
recording and counting ballots or votes, also creating a board of voting machine 
commissioners, and defining its duties 178 

EMPLOYMENT: 

An act to amend section three (3) of an act entitled, "An act to create a Bureau of 
Labor Statistics, and to provide for a board of commissioners and secretary," ap- 
proved May 29, 1879, in force July 1, 1879 „ 186 

An act to regulate the employment of children in the State of Illinois, and to provide 
for the enforcement thereof 187 

An act entitled, "An act to amend section nine (9) of an act entitled, 'An act to regu- 
late the manufacture of clothing, wearing apparel and other articles in this State, 
and to provide for the appointment of State inspectors to enforce the same, and to 
make an appropriation therefor," approved June 11, 1893, in force July 1, 1893 193 

An act relating to employment offices and agencies 194 

An act to regulate and enforce the payment of wages due laborers, servants and em 
ploye^s from corporations doing business in this State 198 

FEES AND SALARIES: 

An act to amend an act entitled, "An act concerning fees and salaries and to classify 
the several counties of this State with reference thereto," approved March 29, 1872, 
in force July 1, 1872, as amended by act approved June 4, 1889, in force July 1, 
1889; title as amended by act approved March 28. 1874, in force July 1, 1874, by add- 
ing thereto new sections to be known as sections 8a, 8b, 8c, 8d, 8e, 8f , 8g and 8h 200 

FISH AND GAME: 
An act to amend section one (1), section four (4). section six (6), section twelve (12) 
and section eighteen (18) of an act entitled, "An act to encourage the propagation 
and cultivation and to secure the protection of fishes in all the waters under the 
jurisdiction of the State of Illinois," approved June 11. 1897, in force July 1, 1897, 
as amended by an act approved May 11, 1901, in force July 1. 1901, and by adding sec- 
tion four a (4a) thereto 202 

An act for the protection of game, wild fowl and birds, and to repeal certain acts re- 
lating thereto 206 

GARNISHMENT: 

An act in relation to wages earned out of this State 217 

INJURIES: 

An act to amend section 2 of an act entitled, "An act requiring compensation for 
causing death by wrongful act, neglect or default," approved Feb. 12, 1853, in force 
Feb. 12,1853 217 



CONTENTS. 



INSURANCE: Pagb. 

An act to regulate and control the investment and safekeeping of the reserve funds 
of fraternal beneficiary societies, and to enable such societies to deposit their 
reserve fund securities in the custody of the S>ate of Illinois, and provide for 
the registry thereof, and provide compensation therefor, and providing a penalty 
for the violation thereof 218 

An act to amend section 6 of an act entitled, "An act to incorporate and to govern 
fire, marine and inland navigation insurance companies doing business In the 
State of Illinois," approved and in force March 11. 1869, and acts amendatory 
thereto 220 

An act for licenses to agents to procure fire policies in unauthorized corporations, 
providing for a bond to be given by such agents and for a tax upon the receipts of 
premiums received for policies so issued within the State 221 

An act to amend section three (3) of an act entitled, "An act to revise the law in re- 
lation to township insurance companies." approved March 24, 1874, in force July 1, 
1874, as amended by act approved June 19. 1893. in force July 1, 1893 222 

JUSTICES AND CONSTABLES: 

An act to amend section twenty-one (21). articles five (5) of an act entitled, "An act 
to revise the law in relation to justices of the peace and constables," approved 
June 26, 1895, in force July 1, 1895 223 

An act to amend section two (2) of article one (1) of an act entitled, "An act to revise 
the law in relation to justices of the peace and constables," approved June 26, 1895, 
in force July 1,1895, as amended by an act approved and in force March 14,1899 224 

LAWS: 

An act entitled, "An act to authorize and provide for the reprint of session laws by 
the Secretary of State" 225 

LIBRARIES: 

An act to amend section 11 of an act entitled, "An act to authorize cities, incor- 
porated towDS and townships to establish and maintain free public libraries and 
reading rooms," approved and in force March 7, 1872 226 

An act to amend section thirteen (13) of an act entitled. "An act to authorize cities, 
incorporated towns and townships to establish and maintain free public libraries 
and reading rooms," approved and in force March 7, 1872, and amended by an act 
approved June 19, 1891, in force July 1, 1891, and as amended by an act approved and 
in force March 30.1901 226 

An act tc amend section four (4) of an act entitled. "An act to establish the Illinois 
Historical Library, and to provide for its care and maintenance, and to make ap- 
propriations therefor, " approved May 25, 1889, in force J uly 1, 1889 228 

An act to add a new section to an act entitled, "An act to establish the Illinois State 
Historical Library and to provide for its care and maintenance, and to make ap- 
propriations therefor," approved May 25, 1889, and in force July 1, 1889 229 

LIENS: 

An act to revise to law in relation to mechanics' liens. To whom, what for, and when 
lien is given; who is a contractor; area covered by and extent of lien; when the 
lien attaches 230 

LUNATICS: 

An act to amend sections 5, 8 and 12 of an act entitled, "An act to revise the law in re- 
lation to the commitment and detention of lunatics, and to provide for the appoint- 
ment and removal of conservators, and to repeal certain acts therein named," ap- 
proved June 21, 1893, in force July 1, 1893, and all amendments thereto 245 

LUNATICS, IDIOTS, ETC.: 

An act to amend sections one. two and three of an act entitled, "An act to revise the 
law in relation to idiots, lunaties, drunkards and spendthrifts," approved March 
26, 1874, in force July 1,1874, and all amendments thereto 247 

MEDICINE AND SURGERY: 

An act to amend an act entitled, "An act to regulate the practice of pharmacy in the 
State of Illinois, to make an appropriation therefor, and to repeal certain acts 
therein named," approved May 11, 1901, in force July 1, 1901, by adding thereto two 
new sections, to be known as section 14a and section 14b, and to amend section 16 
thereof 248 

MINES AND MINING: 

An act to amend section nineteen (19), paragraph f, of an act entitled, "An act to re- 
vise the laws in relation to coal mines and subjects relating thereto, and providing 
for the health and safety of persons employed therein," approved April 18, 1899, in 
force July 1, 1899 250 



CONTENTS. XI 



MINES AND MINING- Concluded. Page. 
An act to amend section 6 of an act entitled, "An act to revise the law in relation to 
coal mines and subjects relating thereto, and providing: for the health and safety 
of persons employed therein," approved April 18, 1899, in force July 1, 1899 250 

An act concerning the use of powder in coal mines 252 

An act to require owners and operators of coal mines to provide every coal mine 
with wash rooms for the use of the miners therein employed 252 

MORTGAGES: 

An act to amend section [sections] two and four of an act entitled, "An act to 
revise' the law in relation to mortgages of real and personal property," ap- 
proved March 26, 1874. in force July 1, 1874, as amended by an act approved May 30, 
1881, in force July 1, 1881, and as amended by an act approved June 17. 1891, and in 
foree July 1, 1891 253 

PARKS AND BOULEVARDS: 

An act to amend an act entitled. "An act to enable park commissioners to alter or en- 
large park systems under their control by acquiring additional lands or territory 
contiguous to or abutting upon any park, boulevard or driveway under the control 
of such park commissioners, and to pay for the lands or territory thus acquired," 
approved April 21, 1899, in force July 1 , 1899, and to amend the title thereof 254 

An act to enable park commissioners having control of a park or parks bordering 
upon public waters in this State, to enlarge and connect the same from time to 
time by extensions over lands and the bed of such waters, and defining the use 
which may be made of such extensions, and granting submerged lands for the pur- 
pose of such enlargements 256 

An act to provide for the enlargement and extension of parks 258 

An act to amend section 2 of an act entitled, "An act to enable park commissioners, 
having control of any park bordering upon public waters in this State, to enlarge 
the same from time to time, and granting submerged lands for the purpose of such 
enlargement, and to defray the cost thereof." approved June 15, 1895, in force July 
1, 1895 260 

An act entitled, "An act concerning free public libraries in public parks 262 

An act to amend an act entitled, "An act concerning museums in public parks," ap- 
proved June 17, 1893, in force July 1,1893 263 

An act to amend an act entitled, "An act to enable park commissioners to maintain 
and govern parks, boulevards, driveways, promenades and pleasure grounds under 
their control," approved April 21, 1899, and in force July 1, 1899 ^. 265 

An act to enable the corporate authorities of two or more towns, for park purposes, 
to alter or enlarge the parks under their control , 266 

An act to amend an act entitled, "An act to enable the corporate authorities of 
two or more towns for park purposes, to issue bonds to raise funds for the acquisi- 
tion and improvement of additional small parks or pleasure grounds, and to pro- 
vide for the payment thereof," approved and in force May 10, 1901, and to amend 
the title thereof 266 

An act conveying certain lands to the South Park commissioners for the purpose 
of establishing a public park or pleasure ground thereon 268 

An act conveying certain lands to the South Park commissioners for the purpose 
of establishing public parks and pleasure grounds thereon 268 

An act to enable the corporate authorities of the city of Chicago to acquire by con- 
demnation proceedings the right to locate, establish and maintain a street or 
streets to be used for boulevard purposes through Groveland park and Woodland 
park, and granting to them the right to locate, establish and maintain a street to 
be used for boulevard purposes through the Douglas monument grounds 269 

PAWNBROKERS: 
An act to amend an act entitled, "An act for the regulation of pawnbrokers," ap--~ ^ 
proved June 4, 1879, in force July 1, 1879 270 

PENITENTIARIES:! 
An act to regulate the employment of convicts and prisoners in the penal and re- 
formatory institutions of the State of Illinois, and providing for the disposition of "* ~~"~ 
the products of their skill and industry 271 

PUBLIC ACCOUNTANTS: 
An act to regulate the profession of public accountants 281 

RAILROADS: 
An act to amend an act entitled, "An act to give companies leasing, operating or con- 
trolling bridges connecting cities, towns or villages in this State with cities, towns 
or villages in adjoining states, power to lease, own, construct and operate street 
railways over such bridge, and in adjoining counties, and acquire stock in and 
guarantee bonds of such street railways," approved June 4, 1897, in force July 1. 
1897 \ 283 



XII CONTENTS. 



RAILROADS— Concluded. Page. 

An act entitled, "An act to authorize cities to acquire, construct, own, operate and 
lease street railways, and to provide the means therefor" 285 

An act to provide screens or vestibules for motormen and conductors on the street 
railway cars, and for a penalty for violation of this act 289 

RECEIVERS: 
An act concerning the appointment and discharge of receivers 290 

RECORDERS: 

An act to authorize recorders of deeds in counties where recorders of deeds are 
elected to keep abstract books, to make abstracts of title, and fixing the fees and 
compensation therefor, and to repeal an act therein named 291 

REPLEVIN: 

An act to amend section 4 of an act entitled, "An act to revise the law in relation to 
replevin," approved February 9, 1874, and in force July 1,1874 293 

REVENUE: 

An act to amend sections thirty (30) and thirty-five (35) of an act entitled, "An act 
for the assessment of property and for the levy and collection of taxes," approved 
March 30, 1872, and in force July 1, 1872, as amended by act approved March 10, 1901, 
in force July 1, 1901 294 

An act to amend sections one (1) and two (2) of an act entitled, "An act for the as- 
sessment of property and providing the means therefor, and to repeal a certain 
act therein named," approved February 25, 1898, in force July 1, 1898 295 

An act to amend section 10 of "An act for the assessment of property and providing 
the means therefor, and to repeal a certain act therein named," approved February 
25, 1898, in force July 1. 1898 297 

An act to provide for the necessary revenue for State purposes 297 

An act to amend sections 207, 220 and 222 of an act entitled, "An act for the assess- 
ment of property and for the levy and collection of taxes." approved March 30, 
1872, in force July 1, 1872. (Said section 220 as amended by act approved May 3, 1873) 298 

An act to amend an act entitled. "An act for the assessment of property and provid- 
ing the means therefor, and to repeal a certain act therein named," approved Feb- 
ruary 25, 1898, and in force February 25, 1898 299 

ROADS AND BRIDGES: 

An act to regulate the speed of automobiles and other horseless conveyances upon 
the public streets, roads and highways of the State of Illinois. 301 

An act to provide for appointment of a Good Roads Commission and to make an ap- 
propriation therefor 302 

An act entitled, "An act to amend section 14 of an act entitled, 'An act in regard to 
roads and bridges in counties under township organization, and to repeal an act 
and parts of acts therein named,' " approved June 23, 1883. in force July 1, 1883, as 
amended by an act approved May 11, 1901, in force July 1, 1901 303 

An act to amend section 54. chapter 121, of an act entitled, "An act in regard to roads 
and bridges in counties under township organization, and to repeal an act and parts 
of acts therein named," approved June 23, 1883, in force July 1, 1883 303 

An act to amend section 119 of chapter 121 of an act entitled. "An act in regard to 
roads and bridges in counties under township organization, and to repeal an act 
and parts of an act therein named," approved June 23, 1883, in force July 1, 1883 304 

SCHOOLS: 

An act entitled, "An act to encourage the protection of wild birds" 306 

An act to provide for the election of boards of education in certain districts 306 

An act to amend section 22 of article 6 of an act entitled. "An act to establish and 
maintain a system of free schools," in force May 21. 1889, by adding to said section 
22 of article 6 of said act a paragraph to be numbered twelfth 307 

An act to amend sections one (1), two (2) and four (4) of an act entitled, "An act to 
promote attendance of children in schools and to prevent truancy," approved June 
11,1897, in force July 1, 1897 308 

An act entitled. "An act to provide for the formation and disbursement of a public 
school employes' pension fund in cities having a population exceeding one hundred 
thousand inhabitants 309 

An act authorizing school districts managed by boards of education or directors to 
establish and maintain schools or classes for crippled children in the public 
schools, and authorizing payment therefor from the State common school funds ... 314 



CONTENTS. XIII 



STATE BOARD OP HEALTH: Page. 

An act requiring reports of births and deaths, and the recording of the same, and 
prescribing a penalty for non-compliance with the provisions thereof, and repeal- 
ing certain acts therein named 315 

STATE MILITIA: 

An act to establish a military and naval code for the State of Illinois and to repeal 
all acts in conflict herewith 318 

SURVEYS AND SURVEYORS: 

An act to amend section one (1) of an act entitled, "An act to revise the law in rela- 
tion to county surveyors, and the custody of the United States field notes," ap- 
proved March 1,1874, in force July 1. 1874 349 

TELEGRAPHS AND TELEPHONES: 
An act relating to the powers, duties and property of telephone companies 350 

TOWNSHIP ORGANIZATION: 

An act to amend section 1 of an act entitled, "An act to authorize county boards in 
counties under township organization to organize certain territory situated there- 
in as a town," approved May 23, 1877, enforced tin force] July 1. 1877 352 

An act to amend section 1 of article three (3) of an act entitled, "An act to revise the 
law in relation to township organization," approved and in force March 4, 1874 353 

UNITED STATES: 
An act to cede certain lands to the United States 354 

WILLS: 

An act to amend section 7 of an act entitled, "An act in regard to wills," approved 
March 20, 1872, and in force July 1, 1872. as amended by an act approved April 11, 
1895, and in force July 1. 1895 365 

JOINT RESOLUTIONS: 

Adjournment, January 8 to January 13 356 

Adjournment. January 15 to January 20 356 

Adjournment, January 21 to January 27 356 

Adjournment, January 29 to February 3 356 

Adjournment, February 11 to February 17 356 

Adjournment, April 3 to April 8 357 

Adjournment, sine die 357 

Cairo Expedition, correction of records 357 

Canvass of election returns 357 

Chicago, new charter proposed 358 

Clark county, court reports for 359 

Election of United States Senator 359 

Forests of Illinois, preservation of 359 

Isle of Pines 363 

Sweden and Finland, relief of destitution 360 

U. S. Senators, election by popular vote 361 



— O. 



LAWS OF ILLINOIS 



ADMINISTRATION OF ESTATES. 



ADMINISTRATOR'S BOND. 



1. Amends section 23, act of 1872. 



\ 23. Administrator shall give bond— form 
of bond required— amount of bond 
— wh«n form may vary. 

Approved May 13, 1903. 



An Act to amend and revise section 23 of an act entitled "An act in 
regard to the administration of estates" approved April 1, 1872, 
in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 23 of an act 
entitled "An act in regard to the administration of estates," approved 
April 1, 1872, in force July 1, 1872, be amended and revised so as to 
read as follows: 

§ 23. Every administrator, except as is hereinbefore in section 
eight (8) provided, shall, before entering upon the duties of his 
office, enter into bond, with good and sufficient security, to be ap- 
proved by the county court, and in counties having a probate court, 
by the probate court, in a sum double the value of the personal estate, 
and payable to the People of the State of Illinois, for the use of 
parties interested, substantially in the following form, to -wit: 

"Know all men by these presents, That we, A B, C D and E F, of 

the county of and State of Illinois, are held and firmly bound 

unto the People of the State of Illinois in the penal sum of dol- 
lars, current money of the United States, which payment, well and 
truly to be made and performed, we and each of us bind ourselves, 
our heirs, executors and administrators, jointly, severally and firmly, 

by these presents. Witness our hands and seals, this day of 

, 18 — . The condition of the above obligation is such, that, if 

the said A B, administrator of all and singular the goods and chattels, 
rights and credits of J K, deceased, do make, or cause to be 
made, a true and perfect inventory of all and singular the goods and 
chattels, rights and credits of the said deceased, which shall come to 
the hands, possession or knowledge of him, the said A B, as admin- 



ADMINISTRATION OF ESTATES. 



istrator, or to the hands of any person or persons for him, and the 
same so made, do exhibit, or cause to be exhibited, in the county- 
court (or probate court) of the said county of agreeably to law; and 

such goods and chattels, rights and credits do well and truly admin- 
ister according to law, and all the rest of the said goods and chattels, 
rights and credits, which shall be found remaining upon the account 
of the said administrator, the same being at first examined and al- 
lowed by the court, shall deliver and pay unto such person or per- 
sons, respectively, as may be legally entitled thereto, and further, do 
make a just and true account of all his actings and doings therein, 
when thereunto required by the said court; and if it shall appear that 
any last will and testament was made by the deceased, and the same 
be proved in court, and letters testamentary or of administration be 
obtained thereon, and the said A B do, in such case, on being re- 
quired thereto, render and deliver up the letters of administration 
granted to him as aforesaid, and shall in general do and perform all 
other acts which may at any time be required of him by law, then 
this obligation to be void; otherwise to remain in full force and vir- 
tue." 

Which said bond shall be signed and sealed by the said adminis- 
trator and his securities, attested by the clerk of the county court, 
or probate court, or any person in the county authorized to adminis- 
ter oaths, and filed in said clerk's office,and that where it becomes neces- 
sary to sell the real estate of any intestate for the payment of debts 
against his estate under the provisions of this act, the court shall re- 
quire the administrator to give further and additional bond, with 
good and sufficient security, to be approved by the court, in a sum 
double the value of the real estate of the decedent, sought to be sold, 
and payable to the People of the State of Illinois for the use of the 
parties interested, in the form above prescribed; and in all cases 
where bonds shall be taken from any administrator de bonis non, or 
in any other case where a form shall not be prescribed in this act, 
the same shall be made as nearly as may be in conformity with the 
form above prescribed, with corresponding variations to suit each 
particular case. 

Approved May 13, 1903. 



ADMINISTRATION OP ESTATES. 



CLASSIFICATION OF CLAIMS. 

I 1. Amends section 70, act of 1872. I I 70. Demands classified— limitations. 

I Approved May 15, 1903. 

An Act to amend section 70 of an act entitled, "An act in regard to 
the administration of estates^ approved April 1, 1872, and in 
force July 1, 1872, as amended by an act approved June 5, 1889, 
and in force July 1, 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly; That section 70 of an act en- 
titled, "An act in regard to the administration of estates," approved 
April 1, 1872, and in force July 1, 1872, as amended by an act ap- 
proved June 5, 1889, and in force July 1, 1889, be, and the same is 
hereby, amended to read as follows: 

Section 70. Demands Classified — Limitations] All demands 
against the estate of any testator or intestate, shall be divided into 
classes in manner following, towit: 

First— Funeral expenses and necessary cost of administration. 

Second — The widow's award, if there be a widow; or children, if 
there are children and no widow. 

Third — Expenses attending last illness, not including physician's 
bill, and demands due common laborers or household servants of de- 
ceased for labor. 

Fourth — Debts due the common school fund or township. 

Fifth —The physioian's bill in the last illness of the deceased. 

Sixth — Where the deceased has received money in trust for any 
purpose, his executor or administrator shall pay out of his estate the 
amount thus received, and not accounted for. 

Seventh — All of other debts and demands of whatever kind with- 
out regard to quality or dignity which shall be exhibited to the court 
within one year from granting of letters as aforesaid, and all de- 
mands not exhibited within one year as aforesaid, shall be forever 
barred, unless the creditors shall find other estate of the deceased 
not inventoried or accounted for by the executor or administrator, in 
which case their claims shall be paid pro rata out of such subse- 
quently discovered estate, saving, however, to infants, persons of un- 
sound mind, persons without the United States, in the employment 
of the United States or of this State, the term of one year after their 
respective disabilities are removed, to exhibit their claims. 

Approved May 15, 1903. 



AGRICULTURE AND HORTICULTURE. 



AGRICULTURE AND HORTICULTURE. 



FARMERS' INSTITUTE. 

I 1. Amends section 6, act of 1895. I 6. Directors— term of office— vacancies- 

organization— salary of secretary- 
auditor authorized to draw warrant. 

Approved May 15, 1903. 

An Act to amend section 6 of "An act creating the Illinois Farmers' 
Institute," approved June 24, 1895. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 6 of "An act 
creating the Illinois Farmers' Institute," approved June 24, 1895, be 
amended to read as follows: 

§ 6. The members of each new board of directors shall enter upon 
their duties the second Tuesday after their election, and hold their 
offices for one or two years, as provided in section 3, or until their 
successors are elected and enter upon their duties. The board of 
directors shall have power to fill vacancies in the board. It shall 
organize by the election of a president, vice-president, treasurer and 
secretary, who shall hold their offices for one year, their term of office 
to begin July 1, following their election. It shall employ such su- 
perintendents, speakers and clerks as may be deemed proper for or- 
ganizing and conducting the woik of the Illinois Farmers' Institute, 
and provide for their compensation by the rules of the board of di- 
rectors. The secretary and the treasurer may be other than mem- 
bers of the board of directors. The salary of the secretary shall be 
two thousand dollars ($2,000) a year, payable in monthly install- 
ments. 

The Auditor of Public Accounts is hereby authorized to draw his 
warrant on the State Treasurer monthly for the salary of the secre- 
tary of the Illinois Farmers' Institute, as herein provided, payable 
out of any fund in his hands not otherwise appropriated. 

Approved May 15, 1903. 



fertilizers-manufacture and sale regulated. 



i 1. Amends section 1, 3 and 5, act of 1885. 

§ 1. Packages shall bear printed cer- 
tificate. 



? 3. Manufacturers and dealers to 
pay license fee. 

§ 5. Violations of act— penalty. 
Approved May 15. 1903. 

An Act to amend sections one (1) , three (3) and five (5) of an act 
entitled, "An act to prevent fraud in the manufacture and sale of 
commercial fertilizers" approved June 29, 1885, in force July 1, 

1885. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That sections one (1), three 



AGRICULTURE AND HORTICULTURE. 



(3) and [five] (5) of an act entitled "An act to prevent fraud in the 
manufacture and sale of commercial fertilizers," approved June 29, 
1885, and in force July 1, 1885, be, and the same are hereby, amended 
so as to read as follows: 

§ 1. That any person or company who shall offer, sell or expose 
for sale in this State, any commercial fertilizer, the price of which 
exceeds five dollars a ton, shall affix to every package, in a conspicu- 
ous place on the outside thereof, a plainly printed certificate, stating 
the number of net pounds in the packages sold or offered for sale, 
the name or trademark under which the article is sold, the name of 
the manufacturer, and the place of manufacture, and a chemical 
analysis, stating the percentage of nitrogen in available form, of 
potassium soluble in water, and of phosphorus, in an available form 
(soluble or reverted), as well as the total phosphorus. 

§ 3. The manufacturer, importer or agent of any commercial fer- 
tilizer, exceeding five dollars per ton in price, shall pay, annually, on 
or before the first of May, a license fee of twenty dollars for the 
privilege of selling or offering for sale, within the State, said fee to 
be paid to the treasurer of the Illinois State Board of Agriculture: 
Provided, that whenever the manufacturer or importer shall have 
paid the license fee herein required, for any person acting as agent 
for such manufacturer or importer, such agent shall not be required 
to pay the fee named in this section. 

§ 5. Any person or party who shall offer or expose for sale any 
commercial fertilizer, without complying with the provisions of sec- 
tions one, two and three of this act, or shall permit an analysis to be 
attached to any package of such fertilizer, stating that it contains a 
larger percentage of any one or more of the constituents named in 
section one of this act than it really does contain, shall be fined not 
less than two hundred dollars for the first offense, and not less than 
five hundred dollars for every subsequent offense; and the offender, 
in all cases, shall also be liable for damages sustained by the pur- 
chaser of such fertilizer: Provided, however, that a deficiency of 
one per cent of the nitrogen, potassium, or phosphorus claimed to be 
eontained, shall not be considered as evidence of fraudulent intent. 

Approved May 15, 1903. 



ANIMALS. 



ANIMALS. 



STOCK BREEDERS-PROTECTION OF. 



I 1. Amends section 3. act of 1887. I 3. Owners of sire have lien on get. 

I Approved May 14, 1903. 

An Act to amend section three (3) of an act entitled "An act to 
protect stock breeders within the State of Illinois''' approved 
June 10, 1887, in force July 1, 1887 j as amended by act ap- 
proved June 1, 1889, in force July 1, 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section three (3) of an 
act entitled "An act to protect stock breeders within the State of Illi- 
nois," approved June 10, 1887, in force July 1, 1887, be, and the same 
is hereby, amended so as to read as follows: 

Section 3. The owner or owners of any sire receiving such certifi- 
cate, by complying with section one (1) of this act, shall obtain and 
have a lien upon the get of any such sire, for the period of one year 
from the date of birth of get. 

Approved May 14, 1903. 



VETERINARY MEDICINE AND SURGERY. 



I 5. Examining board — duties — 
granting licenses — exemp- 
tions from jury service. 

§ 8. Who are practitioners of veter- 
inary medicine and surgery. 

§ 9. Temporary permits to practice. 



i 10. 



Illegal practice a misdemeanor 
—penalty. 



Approved May 16. 1903. 



$ 1. Amends sections 1, 2. 3, 4, 5, 8, 9 and 10, 
act of 1899. 

§ 1. Unlawful practice of veterinary 
surgery. 

i 2. Board of veterinary examiners— ■ 
appointments— qualification- 
duties. 

§ 3, Who may practice without li- 
cense—examinations for li- 
cense. 

2 4. Graduates of colleges— exper- 
ienced veterinarians— fees. 

An Act to amend sections 1, 2, 3, 4, 5, 8, 9 and 10 of an act entitled 
"An act to regulate the practice of veterinary medicine and sur- 
gery in the State of Illinois,'''' approved April 24, 1899, in force 
July 1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 1, 2, 3, 4, 5, 8, 
9 and 10 of an act entitled "An act to regulate the practice of vet- 
erinary medicine and surgery in the State of Illinois," approved 
April 24, 1899, in force July 1, 1899, be amended to read as follows, 
to- wit: 



ANIMALS. 



Section 1. That it shall be unlawful for any person to practice 
veterinary medicine and surgery in any of its branches, including 
veterinary dentistry, and excepting the castrating and spaying of 
animals and dehorning of cattle, in this State, who shall not have 
complied with the provisions of this act. 

§ 2. The State Board of Live Stock Commissioners shall, as soon 
as practicable after this act goes into effect, appoint three competent 
veterinary surgeons, not more than two of whom shall be graduates 
of the same veterinary college, and neither of whom shall be con- 
nected with any veterinary college in any capacity, who shall consti- 
tute a board of veterinary examiners, and who shall continue to serve 
on such board at the pleasure of said Board of Live Stock Commis- 
sioners. Any vacancy on the board of veterinary examiners shall be 
filled by the State Board of Live Stock Commissioners, by appoint- 
ment of a graduate of some reputable veterinary college, under the 
same restrictions as are herein required in the appointment of the 
first board of veterinary examiners. The board of veterinary exam- 
iners shall meet at such times and places as may be ordered by the 
State Board of Live Stock Commissioners, for the purpose of exam- 
ining diplomas and credentials, and conducting examinations of ap- 
plicants for license to practice veterinary medicine and surgery in 
the State of Illinois. 

§ 3. All persons in the State of Illinois who are in possession of 
a diploma from a veterinary college recognized by the board of vet- 
erinary examiners of Illinois, or who had been in the continuous 
practice of veterinary medicine and surgery in this State for a period 
of three consecutive years, prior to April 24, 1899, shall be entitled 
to practice veterinary medicine and surgery in this State upon mak- 
ing application to the State Board of Live Stock Commissioners and 
receiving from said board a license as provided by the terms of this 
act. Any person over 21 years of age, of good moral character, may 
make application to the State Board of Live Stock Commissioners 
and may be granted a license by said board, by passing an examina- 
tion before the board of veterinary examiners and otherwise comply- 
ing with the provisions of this act. Any person who, subsequent to 
the passage of this act, becomes a graduate of a veterinary college 
recognized by the board of veterinary examiners of Illinois, as evi- 
denced by its diploma, or being possessed of such diploma, becomes 
a citizen of this State by removal thereto from another locality, may 
make application to the State Board of Live Stock Commissioners 
and receive a license, as aforesaid, by proving the genuineness of 
such diploma and otherwise complying with the provisions of this 
act: Provided, hoioever, that in any such case an examination be- 
fore the board of veterinary examiners may, in the discretion of said 
board, be required of such applicant. 

§ 4. Graduates of recognized veterinary colleges desiring to ob- 
tain license to practice veterinary medicine and surgery in this State 
shall make application in writing to the State Board of Live Stock 
Commissioners, through its secretary, who shall act as secretary of 



ANIMALS. 



the board of veterinary examiners, upon blanks prescribed and fur- 
nished by said board, which application shall set forth the grounds 
upon which the application is based, and shall be accompanied by 
the diploma of the applicant with his affidavit, setting forth that the 
applicant is a graduate of a certain veterinary college mentioned in 
the diploma, and that he is the person to whom the diploma in ques- 
tion was originally issued, and shall be accompanied by a license fee 
of $5. Veterinary practitioners who had been in the actual practice 
of veterinary medicine and surgery in this State continuously for 
three consecutive years prior to April 24, 1899, and recognized as 
veterinary practitioners in the community in which they lived, de- 
siring to obtain license to practice veterinary medicine and surgery 
in this State, shall in like manner make application therefor within 
six months after this amendatory act goes into effect, setting forth 
fully the grounds upon which such application is based, with the 
affidavit of the applicant, stating the number of years the applicant 
had been engaged in the actual practice of veterinary medicine and 
surgery in the State of Illinois, prior to April 24, 1899, and recognized 
as a veterinary practitioner in the community in which he lived, and 
any other information that may be required by the State Board of 
Live Stock Commissioners, which affidavit shall be supported by the 
affidavits of two disinterested freeholders, who are owners or breeders 
of live stock. Said application shall be accompanied by a license fee 
of $5. Graduates of veterinary colleges not recognized by the board 
of veterinary examiners, and persons not included in the foregoing 
provisions of this section, desiring to obtain license to practice vet- 
erinary medicine and surgery in this State, may make application as 
above, for examination before the board of veterinary examiners. 
Said examination shall be in writing and shall include the following 
subject?: Veterinary anatomy, surgery, practice of medicine, obstet- 
rics, pathology, chemistry, veterinary diagnosis, materia medica, 
therapeutics, physiology, sanitary medicine, meat and milk inspec- 
tion, veterinary dentistry, and such other branches as the board of 
veterinary examiners may prescribe. The fee for examination in all 
cases shall be $20, which [shall] accompany the application. 

§ 5. It shall by [be] the duty of the board of veterinary exam- 
iners, when called to meet by the State Board of Live Stock Com- 
missioners, to examine the applications, diplomas and affidavits of all 
applicants who are graduates or practitioners under the terms of this 
act, and when satisfied of the genuineness of the same it shall certify 
to the State Board of Live Stock Commissioners the names of the 
applicants entitled to receive a license under the terms of this act: 
Provided, that the said board of veterinary examiners may, before 
acting upon an application, if deemed necessary, require additional 
statements or affidavits, or the personal attendance before it of any 
applicant. The said board of examiners shall examine all 
applicants for examination as hereinbefore provided, and shall 
certify to the State Board of Live Stock Commissioners the 
names of all applicants that are, in the judgment of the board, 
entitled to license to practice veterinary medicine and surgery. 



ANIMALS. 



The Board of Live Stock Commissioners shall, at its next meet- 
ing after the receipt of such certified list or lists, issue a license 
to each person so certified, which shall entitle the person 
therein named to practice veterinary medicine and surgery 
in this State; said license shall state the grounds upon 
which it is granted, and shall be signed by the chairman and secre- 
tary of said board: Provided, that the State Board of Live Stock 
Commissioners shall have power, upon the recommendation of the 
board of veterinary examiners, to refuse a license to any applicant 
on the ground of his having been guilty of gross immorality or gross 
malpractice, and upon such recommendation it shall have the power 
to revoke a license on said grounds: Provided, further, that before 
making such recommendation the party charged with such immoral- 
ity or malpractice shall be cited by the board of veterinary examiners 
to appear for hearing before said board. All veterinarians licensed 
by the State Board of Live Stock Commissioners shall be exempt 
from jury service in this State. A full report of the proceedings of 
the board of veterinary examiners shall be filed at the close of each 
meeting with the Board of Live Stock Commissioners, which shall 
include a statement of the number of days employed in the discharge 
of its duties, and of the traveling and necessary incidental expenses 
of the members thereof, and of the secretary. 

§ 8. Any person shall be regarded as practicing veterinary medi- 
cine and surgery within the meaning of this act who professes 
publicly to be a veterinary surgeon or dentist, or who appends to his 
name any initials or title implying qualifications to practice; or who 
shall treat, operate on or prescribe for any physical ailment in, or 
any physical injury to, or deformity of, any domestic animal, for 
which he shall receive any compensation, either directly or indirectly; 
but nothing in this act shall be construed to prohibit veterinary 
students from prescribing under the immediate supervision of pre- 
ceptors; and castrating and spaying animal [animals] and dehorning 
cattle shall not be regarded as practicing veterinary surgery within 
the meaning of this act. The terms of this act shall not apply to com- 
missioned veterinarians in the United States army, nor to any lawfully 
qualified veterinarian residing in other states or countries meeting 
registered veterinarians in [this] State in consultation. 

§ 9. Temporary permits to practice may be issued by the secre- 
tary of the Board of Live Stock Commissioners under such regula- 
tions as may be prescribed by the board of veterinary examiners to 
graduates of recognized veterinary colleges and to practitioners who 
had been in the continuous practice of veterinary medicine and sur- 
gery in this State for a period of three consecutive years prior to the 
24th day of April, 1899, who shall make application for license as 
provided in section four (4) of this act, which permit shall entitle 
the holder to practice veterinary medicine and surgery in this State 
pending a meeting of the board of veterinary examiners. 

§ 10. Any person practicing veterinary medicine and surgery or 
dentistry in this State without a license or a temporary permit, as 



10 ANIMALS — APPEENTIOES. 



hereinbefore provided, or who shall fail to comply with any of the 
terms of this act, shall be deemed guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not less than twenty-five 
dollars ($25) nor more than one hundred dollars ($100) for 
each and every offense; and it shall be the duty of the State's at- 
torney of the county where such offense is committed to prosecute 
all persons violating the provisions of this act, upon proper com- 
plaint being made. All fines collected under this act shall be paid 
into the treasury of the county where the prosecution is held. 

Approved May 16, 1903. 



APPRENTICES. 



PROVISIONS concerning indentures. 

2 1. Amends section 10, act of 1874. §10. What indentures shall provide. 

I Approved May 15, 1903. 

An Act to amend section 10 of an act entitled "An act to revise the 
law in relation to apprentices ," approved February 25, 1874, in 
force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section ten (10) of an 
aot entitled "An act to revise the law in relation to apprentices," 
approved February 25, 1874, and in force July 1, 1874, be, and the 
same is hereby, amended so as to read as follows: 

§ 10. In all indentures it shall be provided that the master shall 
cause such clerk, apprentice or servant to be taught to read and write, 
and the ground rules of arithmetic; and also that at the 
expiration of such term of service, the master shall give to such 
apprentice a new Bible and two complete suits of new wearing ap- 
parel suitable to his or her condition in life, and twenty (20) dollars 
in money, in all cases where the term of service has been one year or 
more. In all municipalities where a manual training school is 
maintained for the technical instruction of apprentices, such inden- 
tures shall further provide that it shall be the duty of the master to 
cause the apprentice to attend such school for at least three con- 
secutive months in each year, without expense to the apprentice. 

Approved May 15, 1903. 



APPROPRIATIONS. 



11 



APPROPRIATIONS. 



ADJUTANT GENERAL-OFFICE AND MEMORIAL HALL. 



2 1. Memorial hall, $850— vaults and office, 
$3,834. 



2 2. How drawn. 
Approved May 15, 1903. 



An Aot to provide for improvements in Memorial Hall and Adju- 
tant General's Office. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of eight 
hundred fifty dollars ($850) or so much thereof as maybe necessary, 
is hereby appropriated to pay for a linoleum cover for the floor of 
Memorial Hall, and for the erection of a suitable case to contain the 
flags of the Illinois volunteer regiments in the Spanish-American 
war. For steel fixtures and file cases for office vault, and for parti- 
tions and improvements in the office of the Adjutant General, the 
sum of three thousand eight hundred thirty-four dollars ($3,834), or 
so much thereof as may be necessary, is hereby appropriated. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sums herein specified, upon 
the presentation of proper vouchers, certified to by the Adjutant 
General, and approved by the Governor, and the Treasurer shall pay 
the same out of the money hereby appropriated. 

Approved May 15, 1903. 



AGRICULTURE-COLLEGE AND EXPERIMENT STATION. 



Preamble. 

2 1. College of Agriculture, per annum, 
$50,000. 

1 2. Experiment station, for stock and 

stock foods, per annum. $10,000. 

2 3. Experiment station, for corn breeding, 

per annum. $10,000. 

2 i. Experiment station, for soil analysis, 
etc., per annum, $20,000. 



2 5. Experiment station, for orchards, etc., 
per annum. $5,000. 

2 6. Experiment station, for dairy matters, 
per annum, $5,000. 

2 7. Meetings of associations mentioned in 
act— reports— expenses. 

§ 8. How drawn— how used. 

Approved May 15, 1903. 



An Act to extend the equipment and increase the instruction in the 
College of Agriculture, and to provide for the extension of the 
Agricultural Experiment Station, and to make appropriations 
therefor. 

Whereas, Not only in this but in other states there is coming to 
be a widespread interest and appreciation of the importance of 
thorough investigation and instruction in the principles that under- 
lie successful agriculture, and, 



12 APPROPRIATIONS, 



Whereas, This appreciation rests not so much upon private inter- 
ests as upon considerations of public policy to the end that all the 
soils of the State may produce abundantly, that the quality may be 
unexcelled in the markets of the world, and that the fertility of our 
lands may remain unimpaired for future years and generations, and, 

Whereas, The Experiment Station has been placed on a perman- 
ent financial basis, and is conducting investigations of large econ- 
omic importance to the State, and, 

Whereas, The College of Agriculture has passed the experimental 
stage, and attendance upon its courses and demands upon its resour- 
ces are constantly increasing, and, 

Whereas, The facilities for instruction and investigation possessed 
by the College and Station are excellent in certain lines, exceedingly 
deficient in others, and in still others entirely wanting, and, 

Whereas, The State has hitherto appropriated but little for the sup- 
port of the College of Agriculture, leaving it almost entirely depend- 
ent upon limited funds received from the General Government, and 
which are now proving insufficient for present and growing needs, 
therefore, be it 

Resolved, That the following agricultural organizations of the 
State; viz.: 

The Illinois Farmers' Institute, 

The Illinois Live Stock Breeders' Association, 

The Illinois Corn Growers' Association, 

The State Horticultural Society, 

The State Dairymen's Association, 

The Illinois Sugar Beet Growers' Association, 

The Illinois Poultry Association, 
earnestly request that the College of Agriculture as well as the Ex- 
periment Station be put upon a permanent basis, with funds suffi- 
cient to provide for equipment, and instructors to meet the urgent 
and growing demands upon it. and to enable the Station to continue 
to prosecute vigorous research along certain specific lines demanded 
by the farmers of the State. 

Resolved, That the results of the investigations provided for in 
House Bill 315 passed by the Forty- second General Assembly have 
been such as to many times repay the taxpayers for the outlay. 

Resolved, That for the further equipment of said College of Agri- 
culture and Experiment Station, and to provide for the continuance 
and enlargement of investigations of the highest order and utility 
along the principal lines of practical agriculture, the farmers of the 
State respectfully petition the Forty-third General Assembly to pro- 
vide at least the following amounts for the respective lines of work, 
viz. : 

1. To extend the equipment and increase instruction in the Col- 
lege of Agriculture in order to meet the pressing and increasing 
demands of the farmers of the State, fifty thousand dollars annually. 



APPROPRIATIONS. 13 



2. For feeding experiments, and investigating market conditions 
of live stock and animal products, twenty-five thousand dollars 
annually. 

3. To investigate the various soils of the State, and determine the 
best treatment for each, and to make a soil survey and accurately 
map in colors the exact location, extent, and boundary of each dis- 
tinct type of soil, twenty-five thousand dollars annually. 

4. To conduct investigations in the improvement of corn by 
breeding, and to discover and demonstrate the best methods of its 
production on the various soils of the State, ten thousand dollars 
annually. 

5. For investigation into orchard conditions and treatment espe- 
cially as regards insects and fungous enemies, ten thousand dollars 
annually. 

6. To discuss and demonstrate on the farms and in the factories 
of the State, improved methods of producing and marketing dairy 
products, fifteen thousand dollars annually. 

7. To investigate and demonstrate the best methods of seeding 
and cultivating sugar beets on the various soils of the State, to 
experiment upon the production of beet seed especially adapted to 
Illinois conditions, and to determine accurately and conclusively 
upon the adaptability of this State to the profitable production of 
sugar, five thousand dollars annually. 

8. To conduct such experiments and investigations as shall be 
most helpful to the poultry interests of the State, five thousand dol- 
lars annually. 

Resolved, That we, the farmers of the State earnestly request all 
other taxpayers to join us in this petition to the General Assembly 
to devote the above sums to education in agriculture, and to the 
development of the agricultural resources of the State, being as they 
are less than two-thirds of one per cent of the twenty millions of 
dollars raised annually by taxation for the maintenance of the public 
schools, therefore, with the intent of equipping said college and sta- 
tion for instruction and investigation of the highest order along 
principal lines of agriculture. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That it shall be the duty of 
the College of Agriculture to give thorough and reliable instruction 
in the economic production of field and orchard crops; the treatment 
of the different soils of the State in such manner as to secure the 
largest returns from each and without impairing its fertility; the 
principles of breeding and management of live stock, including 
animal diseases and a thorough knowledge of the various breeds and 
market classes; the economic and sanitary production of dairy goods, 
and the best methods of meeting existing market demands, and of 
extending and developing trade in the agricultural productions of 
the State. That it shall be the further duty of said college to pro- 
vide and maintain such live stock specimens, laboratories, apparatus 



14 APPROPEIATIONS. 



and other material equipment and buildings, together with teachers 
of such experience and skill as shall make such instruction effective. 
That to carry out the provisions of this section there be, and hereby 
is, appropriated the sum of fifty thousand dollars ($50,000) annually 
for the years 1903 and 1904: Provided, that the disposition of the 
funds from time to time to carry out the intent of this act shall be 
along lines agreed upon by the dean of the College of Agriculture 
and an advisory committee consisting of the presidents of the follow- 
ing State agricultural organizations, to- wit: The Illinois Farmers' 
Institute, the Illinois Live Stock Breeders' Association, the State 
Horticultural Society, the Illinois Corn Growers' Association, the 
State Dairymen's Association. 

§ 2. That it shall be the duty of the Agricultural Experiment 
Station to conduct investigations calculated to develop the beef, 
pork, mutton, wool, and horse producing interests of the State and 
especially to devise and conduct feeding experiments intended to de- 
termine the most successful combinations of stock food, particularly 
in Illinois grains and forage crops, and to discover the most econom- 
ical and successful methods of maintaining animals and fitting them 
for the markets; to investigate live stock conditions, both at home 
and abroad, in so far as they affect market values, and to publish the 
results of such experiments and investigations. That to carry out 
the provisions of this section there be, and hereby is, appropriated 
the sum of ten thousand dollars ($10,000) annually for the years 1903 
and 1904: Provided, that the work undertaken and outlined in 
this section shall be carried out on lines to be agreed upon by the 
director of the A gricultural Experiment Station and an advisory 
committee of five to be appointed by the Illinois Live Stock Breed- 
ers' Association. 

§ 3. That it shall be the duty of the Agricultural Experiment 
Station to conduct experiments in the several sections of the State, 
in order to discover the best methods of producing corn on the differ- 
ent soils and under the various climatic conditions of the State, and 
for the purpose of improving the varieties grown for special pur- 
poses, etc, and that, to carry out the provisions of this section, there 
be, and hereby is, appropriated the sum of ten thousand dollars 
($10,000) annually for the years 1903 and 1904: Provided, that the 
work outlined in this section shall be carried out on lines to be 
agreed upon by the director of the Agricultural Experiment Station 
and an advisory committee of five to be appointed as follows: Two 
by the Illinois Corn Growers' Association, two by the Illinois Seed 
Corn Breeders' Association, and one by the Illinois Grain Dealers' 
Association. 

§ 4. That it shall be the duty of the Agricultural Experiment 
Station to make chemical and physical examination of the various 
soils of the State in order to identify the several types and determine 
their character, to make and publish an accurate survey with colored 
maps in order to establish the location, extent, and boundaries of 
each; to ascertain by direct experiment in laboratory and field, what 



APPROPRIATIONS. 15 



crops and treatment are best suited to each; whether the present 
methods are tending to best results and whether to the preservation 
or reduction of fertility, and what rotations and treatments will be 
most effective in increasing and retaining the productive capacity of 
Illinois lands; and that, to carry out the provisions of this section, 
there be, and hereby is, appropriated the sum of twenty thousand 
dollars ($20,000) annually, for the years 1903 and 1904: Provided, 
that the work outlined in this section shall be carried out on lines to 
be agreed upon by the director of the Agricultural Experiment 
Station and an advisory committee of five to be appointed by the 
Illinois Farmers' Institute. 

§ 5. That it shall be the duty of the Agricultural Experiment 
Station to discover and demonstrate the best methods of orchard 
treatment in the fruit sections of the State, and the most effective 
remedies for insect and fungous enemies to fruit and trees ; and that, to 
carry out the provisions of this seotion, there be, and hereby is, ap- 
propriated the sum of five thousand dollars ($5,000) annually, for the 
years 1903 and 1904: Provided, that the work undertaken and out- 
lined in this section shall be carried out on lines to be agreed upon 
by the director of the Agricultural Experiment Station and an advis- 
ory committee of five to be appointed by the Illinois State Horticul- 
tural Society. 

§ 6. That it shall be the duty of the Agricultural Experiment 
Station to investigate the dairy conditions of the State; to discover 
and demonstrate improved methods of producing and marketing 
wholesome milk and other dairy products, and to promote the dairy 
interests of the State by such field assistance in the dairy sections 
upon farms and in the creameries and factories as shall tend to better 
methods and more uniform products; and that, to carry out the pro- 
visions of this section, there be, and hereby is, appropriated the sum 
of five thousand dollars ($5,000) annually, for the years 1903 and 
1904: Provided, that the work undertaken and outlined in this sec- 
tion shall be carried out on lines to be agreed upon by the direotor 
of the Agricultural Experiment Station and an advisory committee 
of five to be appointed by the Illinois Dairymen's Association. 

§ 7. That the committees representing the several associations 
herein named shall meet annually at the College of Agriculture at 
Urbana, at such time as may be designated by the dean of said col- 
lege, or the director of the Agricultural Experiment Station, as the 
case may be; that they shall serve without compensation except for 
expenses, to be paid out of the respective funds, and that said com- 
mittees shall make to their respective associations, at their annual 
meetings, full reports of the work in progress under the provisions 
of this act. 

§ 8. That the Auditor of Public Acoounts is hereby authorized 
and directed to draw his warrant on the State Treasurer for the sums 
herein appropriated in semi-annual installments upon the order of 
the chairman of the Board of Trustees of the University of Illinois, 
countersigned by its secretary and with the corporate seal of said uni- 



16 



APPROPRIATIONS. 



versity, and no installment subsequent to the first, shall be paid by the 
treasurer nor warrants drawn therefor until detailed accounts, show- 
ing the expenditures of the preceding installment, have been filed 
with the Auditor of Public Accounts: Provided, that no part 
of the funds herein appropriated, except in section 1, shall be 
used for salaried teachers: And, provided further, that any revenue 
arising from the operations of the several sections of this act shall 
revert to the respective funds from which obtained for further ex- 
tension of the work outlined. Nothing herein contained shall be 
deemed to take away from the board of trustees of the University of 
Illinois the usual authority conferred by law over the expenditure of 
moneys appropriated to said university. The recommendations 
of the committees herein provided for shall be advisory, but the use 
of the moneys herein appropriated shall rest in the discretion of 
said board for the purposes herein set forth, and said board shall 
account therefor. 



Approved May 15, 1903. 



AGRICULTURE-COLLEGE AND EXPERIMENT STATION. 



$ 5. Experiment station, for orchards, etc., 
per annum, $10,000. 

I 6. Same, for dairy interests, per annum, 
$15,000. 

I 7. Meetings of those associations men- 
tioned in act— reports— expenses. 

I 8. How drawn. 

Approved May 18, 1903. 



Preamble. 

\ 1. College of Agriculture, per annum, 
$50,000. | 

§ 2. Experiment station, for stock and 
stock foods, per annum, $25,000. ., 

I 3. Experiment station, for corn breeding, 
per annum. $10,000. 

I 4. Experiment station, for soil analysis, 
etc., per annum, $25,000. 

An Act to extend the equipment and increase the instruction in the 
College of Agriculture, and to provide for the extension of the 
Agricultural Experiment Station, and to make appropriations 
therefor. 

Whereas, Not only in this, but in other states, there is coming to 
be a widespread interest and appreciation of the importance of 
thorough investigation and instruction in the principles that under- 
lie successful agriculture; and, 

Whereas, This appreciation rests, not so much upon private in- 
terests as upon considerations of public policy, to the end that all the 
soils of the State may produce abundantly, that the quality may be 
unexcelled in the markets of the world, and that the fertility of our 
lands may remain unimpaired for future years and generations; and, 

Whereas, The Experiment Station has been placed on a perma- 
nent financial basis, and is conducting investigations of large eco- 
nomic importance to the State; and, 



APPROPRIATIONS. 17 



Whereas, The College of Agriculture has passed the experimental 
stage, and attendance upon its courses and demands upon its re- 
sources are constantly increasing; and, 

Whereas, The facilities for instruction and investigation possessed 
by the college and station are excellent in certain lines, exceedingly 
deficient in others, and still in others entirely wanting; and, 

Whereas, The State has hitherto appropriated but little for the 
support of the College of Agriculture, leaving it almost entirely de- 
pendent upon limited funds received from the general government, 
and which are now proving insufficient for present and growing 
needs; therefore, be it 

Resolved, That the following agricultural organizations of the 
State, viz.: 

The Illinois Farmers' Institute, 

The Illinois Live Stock Breeders' Association, 

The Illinois Corn Growers' Association, 

The State Horticultural Society, 

The State Dairymen's Association, 

The Illinois Sugar Beet Growers' Association, and 

The Illinois Poultry Association, 
earnestly request that the College of Agriculture, as well as the Ex- 
periment Station, be put upon a permanent basis, with funds suffi- 
cient to provide for equipment and instructors to meet the urgent 
and growing demands upon it, [and] to enable the station to continue 
to prosecute vigorous research along certain specific lines demanded 
by the farmers of the State, 

Resolved, That the results of the investigations provided for in 
House Bill 815, passed by the Forty-second General Assembly, have 
been such as to many times repay the taxpayers for the outlay. 

Resolved, For the further equipment of said College of Agricul- 
ture and Experiment Station, and to provide for the continuance and 
enlargement of investigations of the highest order and utility along 
the principal lines of practical agriculture, the farmers of the State 
respectfully petition the Forty-third General Assembly to provide at 
least the following amounts for the respective lines of work, viz. : 

1. To extend the equipment and increase instruction in the Col- 
lege of Agriculture, in order to meet the pressing and increasing de- 
mands of the farmers of the State, fifty thousand dollars annually. 

2. For feeding experiments and investigating market conditions 
of live stock and animal products, twenty-five thousand dollars 
annually. 

8. To investigate the various soils of the State, and to determine 
the best treatment for each, and to make a soil survey and accurately 
map in colors the exact location, extent and boundary of each dis- 
tinct type of soil, twenty-five thousand dollars annually. 



18 APPROPRIATIONS. 



4. To conduct investigations in the improvement of corn by breed- 
ing, and to discover and demonstrate the best methods of its produc- 
tion on the various soils of the State, ten thousand dollars annually i 

5. For investigation into orchard conditions and treatment, espe- 
cially as regards insects and fungous enemies, ten thousand dollars 
annually. 

6. To discuss and demonstrate on the farms, and in the factories 
of the State, improved methods of producing and marketing dairy 
products, fifteen thousand dollars annually. 

7. To investigate and demonstrate the best methods of seeding 
and cultivating sugar beets on the various soils of the State, to ex- 
periment upon the production of beet seed especially adapted to Illi- 
nois conditions, and to determine accurately and conclusively upon 
the adaptability of this State to the profitable production of sugar, 
five thousand dollars annually. 

8. To conduct such experiments and investigations as shall be 
most helpful to the poultry interest of the State, five thousand dollars 
annually. 

Resolved, The farmers of the State earnestly request all other tax- 
payers to join us in this petition to the General Assembly to devote 
sums to education in agriculture and the development of the agricul- 
tural resources of the State, being as they are less than two-thirds of 
one per cent of the twenty millions of dollars raised annually by tax- 
ation for the maintenance of the public schools; therefore, with the 
intent of equipping said college and station for instruction and in- 
vestigation of the highest order along principal lines of agriculture 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That it shall be the duty of 
the College of Agriculture to give thorough and reliable instruction 
in the economic production of field and orchard crops; the treatment 
of the different soils of the State in such manner as to secure the 
largest returns from each, and without impairing its fertility; the 
principles of breeding and management of live stock, including ani- 
mal diseases, and a thorough knowledge of the various breeds and 
market classes ; the economic and sanitary production of dairy goods, 
and the best methods of meeting existing market demands, and of 
extending and developing trade in the agricultural productions of the 
State. That it shall be the further duty of said college to provide 
and maintain such live stock specimens, laboratories, apparatus and 
other material equipment and buildings, together with teachers of such 
experience and skill as shall make such instruction effective. That to 
carry out the provisions of this section there be, and hereby is, ap- 
propriated the sum of fifty thousand dollars ($50,000) annually for the 
years 190B and 1904: Provided, that the disposition of the funds from 
time to time, to carry out the intent of this act, shall be along lines 
agreed upon by the dean of the College of Agriculture and an ad- 
visory committee consisting of the presidents of the following State 
agricultural organizations, to-wit: The Illinois Farmers' Institute, 



APPROPRIATIONS. 19 



the Illinois Live Stock Breeders' Association, the State Horticultural 
Society, the Illinois Corn Growers' Association, the State Dairymen's 
Association. 

§ 2. That it shall be the duty of the Agricultural Experiment 
Station to conduct investigations calculated to develop the beef, pork, 
mutton, wool, and horse producing interests of the State, and espe- 
cially to devise and conduct feeding experiments intended to deter- 
mine the most successful combinations of stock foods, particularly 
in Illinois grains and forage crops, and to discover the most econo- 
mical and successful methods of maintaining animals and fitting 
them for the market; to investigate live stock conditions, both at 
home and abroad, in so far as the fthey] affect market values, and to 
publish the results of such experiments and investigations. That to 
carry out the provisions of this section there be, and hereby is, ap- 
propriated the sum of twenty-five thousand dollars ($25,000) annually 
for the years 1903 and 1904: Provided, that the work undertaken and 
outlined in this section shall be carried out on lines to be agreed 
upon by the director of the Agricultural Experiment Station and 
advisory committee of five to be appointed by the Illinois Live Stock 
Breeders' Association. 

§ 3. That it shall be the duty of the Agricultural Experiment 
Station to conduct experiments in the several sections of the State, 
in order to discover the best methods of producing corn on the 
different soils and under the various climatic conditions of the State, 
and for the purpose of improving the varieties grown for special 
purposes, etc., and that, to carry out the provisions of this section, 
there be, and hereby is, appropriated the sum of ten thousand dollars 
($10,000), annually, for the years 1903 and 1904: Provided, that the 
work outlined in this section shall be carried out on lines to be agreed 
upon by the director of the Agricultural Experiment Station and an 
advisory committee of five to be appointed as follows: Two by the 
Illinois Corn Growers' Association, two by the Illinois Seed Corn 
Breeders' Association, and one by the Illinois Grain Dealers' Asso- 
ciation. 

§ 4. That it shall be the duty of the Agricultural Experiment 
Station to make chemical and physical examination of the various 
soils of the State, in order to identify the several types and determine 
their character, to make and publish an accurate survey with colored 
maps in order to establish the location, extent, and boundaries of 
each; to ascertain, by direct experiment in laboratory and field, what 
crops and treatment are best suited to each; whether the present 
methods are tending to best results, and whether to the preservation 
or reduction of fertility, and what rotations and treatments will be 
most effective in increasing and retaining the productive capacity of 
Illinois lands; and that, to carry out the provisions of this section, 
there be, and hereby is, appropriated the sum of twenty-five thousand 
dollars ($25,000) , annually for the years 1903 and 1904: Provided, 
that the work outlined in this section shall be carried out on lines to 



20 APPROPRIATIONS. 



be agreed upon by the director of the Agricultural Experiment Sta- 
tion and an advisory committe of five appointed by the Illinois 
Farmers' Institute. 

§ 5. That it shall be the duty of the Agricultural Experiment 
Station to discover and demonstrate the best methods of orchard 
treatment in the fruit sections of the State, and the most effective 
remedies for insect and fungous enemies to fruits and trees; and that, 
to carry out the provisions of this section, there be, and hereby is, 
appropriated the sum of ten thousand dollars ($10,000) annually, for 
the years 1903 and 1904: Provided, that the work undertaken and 
outlined in this section, shall be carried out on lines to be agreed 
upon by the director of the Agricultural Experiment Station and an 
advisory committee of five to be appointed by the Illinois State 
Horticultural Society. 

§ 6. That it shall he the duty of the Agricultural Experiment 
Station to investigate the dairy conditions of the State; to discover 
and demonstrate improved methods of producing and marketing 
wholesome milk and other dairy products, and to promote the dairy 
interests of the State by such field assistance in the dairy sections, 
upon farms, and in the creameries and factories as shall tend to bet- 
ter methods and more uniform products; and that, to carry out the 
provisions of this section, there be, and hereby is, appropriated the 
Sum of fifteen thousand dollars ($15,000) annually, for the years 1903 
and 1904: Provided, that the work undertaken and outlined in this 
section, shall be carried out on lines to be agreed upon by the direc- 
tor of the Agricultural Experiment Station and an advisory commit- 
tee of five to be appointed by the Illinois Dairymen's Association. 

§ 7 That the committees representing the several associations 
herein named, shall meet annually at the College of Agriculture at 
at Urbana, at such time as may be designated by the dean of said 
college, or the director of the Agricultural Experiment Station, as 
the case may be; that they shall serve without compensation, except 
for expenses, to be paid out of the respeetive funds, and that said 
committees shall make to their respective associations, at their 
annual meetings, full reports of the work in progress under the pro- 
visions of this act. 

§ 8. That the Auditor of Public Accounts is hereby authorized 
and directed to draw his warrants on the State Treasurer for the sums 
herein appropriated in semi-annual installments upon the order of 
the chairman of the Board of Trustees of the University of Illinois, 
countersigned by its secretary, and with the corporate seal of said 
university, and no installment subsequent to the first, shall be paid 
by the Treasurer, nor warrant drawn therefor, until detailed accounts, 
showing the expenditures of the preceding installment, have been 
filed with the Auditor of Public Accounts: Provided, that no part 
of the funds herein appropriated, except in section 1, shall be used 
for salaries of teachers: And, provided further, that any revenue 
arising from the operations of the several sections of this act, shall 
revert to the respective funds from which obtained for further exten- 



APPROPRIATIONS. 21 



sion of the work outlined. Nothing herein contained shall be deemed 
to take away from the board of trustees of the University of Illinois 
the usual authority conferred by law over the expenditure of moneys 
appropriated to said university. The recommendations of the commit- 
tees herein provided for shall be advisory, but the use of the moneys 
herein appropriated, shall rest in the discretion of said board for the 
purposes herein set forth, and said board shall account therefor. 
Approved May 18, 1903. 



AGRICULTURE-HORTICULTURAL SOCIETY. 

I 1. Appropriates, per annum, $5.000— how drawn— how used. Approved May 15, 1903. 

An Act making an appropriation in aid of the Illinois State Hor- 
ticultural Society. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated for the use of the Illinois State Horticultural Sooiety, 
the sum of five thousand dollars ($5,000) per annum for the purpose 

of advancing the growth and development of the horticultural inter- 
ests of the State, for the years 1903 and 1904, said sum to be expended 
by said society for the purpose and in the manner specified in "An 
act to organize the Illinois State Horticultural Society," approved 
March 24, 1874: Provided, however, that no portion thereof shall 
be paid for, [or] on account of, any salary or emoluments of any offi- 
cer of said society, except the secretary, who may receive not to ex- 
ceed four hundred dollars ($400) per annum- And, provided, 
further, that at least one thousand dollars ($1,000) of said sum be ex- 
pended each year in field experiments. 

Approved May 15, 1903. 



agriculture-state and county pairs. 



\ 1. For State and county fairs. 
num. 815,530. 

\ 2. How drawn. 



§ 3. Duty of treasurer of State Board of 
Agriculture. 

Approved May 15, 1903. 



An Act making an appropriation for the State Board of Agricul- 
ture and county and other agricultural fairs. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated to the State Board of Agriculture the following sums, 
to- wit: 

For the encouragement of au exhibit at the State Fair, the sum of 
five thousand dollars ($5,000) per annum, for the years 1903 and 
1904, and for the use of each county or other agricultural society, 



22 APPROPRIATIONS. 



the sum of two hundred dollars ($200) per annum, to be paid to the 
treasurer of the society, for fairs held in 1902 and 1903. 

For salary of the secretary, the sum of twenty-five hundred dol- 
lars ($2,500) per annum, for the years 1903 and 1904. 

For clerk hire, the sum of thirty-two hundred and sixty dollars 
($3,260) per annum, for the years 1903 and 1904. 

For curator, the sum of one thousand dollars ($1,000) per annum, 
for the years 1903 and 1904. 

For receiving and shipping clerk, the sum of one thousand dollars 
($1,000) per annum, for the years 1903 and 1904. 

For janitor, the sum of four hundred and twenty dollars ($420) 
per annum, for the years 1903 and 1904. 

For the agricultural museum, the sum of one hundred and fifty 
dollars ($150) per annum, for the years 1903 and 1904. 

For the expenses of collecting, compiling and publishing live 
stock and agricultural statistics, the sum of six hundred dollars 
($600) per annum, for the years 1903 and 1904. 

For the agricultural library, the sum of two hundred dollars ($200) 
per annum, for the years 1903 and 1904. 

For office expenses, furniture, repairs, postage, expressage, etc., 
the sum of twelve hundred dollars ($1,200) per annum, for the 
years 1903 and 1904. 

§ 2. That, on the order of the president, countersigned by the 
secretary of the State Board of Agriculture, and approved by the 
Governor, the Auditor of Public Accounts shall draw his warrant 
upon the Treasurer in favor of the treasurer of the Illinois State 
Board of Agriculture for the sums herein appropriated: Provided, 
that each warrant on account of county or other agricultural fairs, 
shall show the agricultural society for whose benefit the same is 
drawn, and that no warrant shall be drawn in favor of any agricul- 
tural society unless the order aforesaid be accompanied by a certifi- 
cate of the State Board of Agriculture showing that such agricultural 
society held an agricultural fair during the preceding year, in com- 
pliance with the rules and regulations as provided by said State 
Board of Agriculture: Provided, further, that no warrant shall be 
drawn in favor of any agricultural society until the president and 
treasurer of such society file an affidavit with the State Board of 
Agriculture, that no wheel of fortune or other gambling device was 
licensed or allowed upon their fair grounds. 

§ 3. It shall be the duty of the treasurer of the State Board of 
Agriculture, on the order of the president, countersigned by the sec- 
retary of the State Board of Agriculture, to pay over to the treasurer 
of each agricultural society the sum received for its use and benefit 
aforesaid, and make biennial report to the Governor of all such ap- 
propriations received and disbursed by him. 

Approved May 15, 1903. 



APPROPRIATIONS. 23 



AGRICULTURE-STATE BOARD-STATE FAIR. 



1. Permanent buildings and improve- 
ments, $121,000 for items enumer- 
ated. 



I 2. How drawn. 
Approved May 16, 1903. 



An Act making an appropriation for the State Board of Agricul- 
ture to be used in the construction of permanent buildings and 
making improvements, and for beautifying the State fair grounds 
at Springfield, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
rerpesented in the General Assembly: That the sum of one hun- 
dred and twenty-one thousand dollars ($121,000) or so much thereof 
as may be necessary, out of any money in the State treasury not 
otherwise appropriated, be, and the same is hereby appropriated to 
the State Board of Agriculture, for the construction of permanent 
buildings on, and for the improvement and beautifying of the State 
fair grounds, at Springfield, Illinois, viz: 

For construction of walks and coverings for same, the sum of ten 
thousand dollars ($10,000.) 

For the extension of the coliseum building, the sum of twenty- five 
thousand dollars ($25,000.) 

For the extension of machinery hall, the sum of twenty-five 
thousand dollars ($25,000.) 

For the construction of a dairy building, the sum of twenty-two 
thousand dollars ($22,000.) 

For painting and repairs, the sum of five thousand dollars ($5,000.) 

For the improvement and beautifying of the grounds, the sum of 
five thousand dollars ($5,000.) 

For the extension of water mains, pipes and drainage, the sum of 
four thousand dollars ($4,000.) 

In addition to the sum of $8,000 now in the hands of the treasurer 
of the State Board of Agriculture derived from the insurance on the 
Women's building destroyed by fire, the sum of $25,000, or so much 
thereof as may be necessary, is hereby appropriated to pay for the 
construction, equipment and furnishing of a building on the State 
fair grounds, at Springfield, Illinois, to be known as the "Women's 
Building," to be used by the women of the State as a public comfort 
building subject to the rules and regulations of the State Board of 
Agricultnre. 

It is hereby made the duty of the Board of Agriculture to set 
apart a portion of the State fair grounds, conveniently located, as a 
site for said building and to take charge of the construction of the 
same. 

§ 2. That, on the order of the president, countersigned by the 
secretary of the State Board of Agriculture, and approved by the 
Governor, the Auditor of Public Accounts shall draw his warrant 



24 APPROPRIATIONS. 



upon the State Treasurer in favor of the treasurer of the Illinois State 
Board of Agriculture for the sums herein appropriated: Provided, 
that all of said money shall be paid in installments, from time to 
time, as the same may be needed to pay for the improvements 
authorized by this act, and on vouchers to be approved by the Governor, 

Approved May 16, 1903. 



ALTGELD. MRS. JOHN P.-RELIEF OF. 

§ 1. Appropriates $5,000. I § 2. Emergency. 

I Approved April 15. 1903. 

An Aot for the relief of Mrs. John P. Altgeld, widow of the late 
ex-Governor, and to make an appropriation therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of five thou- 
sand (5,000) dollars be, and the same is hereby, appropriated for the 
relief of Mrs. John P. Altgeld, widow of the late Ex-Governor John 
P. Altgeld. 

§ 2. Whereas, An emergency exists, this act shall be in force 
from and after its passage. 

Approved April 15, 1903. 



ANIMALS-LIVE STOCK BREEDERS' ASSOCIATION. 



Preamble. 



I 3. How drawn. 

\ 4. Duty of treasurer of association. 

Approved May 15, 1903. 



I 1. For printing and distributing reports, 
etc., per annum, $500. 

§ 2. Officers to draw no salary for services. 

An Act making an appropriation for the Illinois Live Stock 
Breeders' Association. 

Whereas, The Illinois Live Stock Breeders' Association, repre- 
senting the farmers interested in the breeding and feeding of cattle, 
horses, sheep and swine, have rendered the State valuable service in 
promoting the live stock industry; and, 

Whereas, The farmers of the State will be greatly benefited by 
the continuance of the annual meetings of the Illinois Live Stock 
Breeders' Association and the further consideration of all topics per- 
taining to the live stock industry; therefore, to sustain the same and 
to enable this organization to secure as speakers the best talent 
available for its annual meetings, disseminate useful knowledge, and 
to otherwise promote the great and growing industry of Illinois: 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and hereby 



APPROPRIATIONS. 25 



is, appropriated to the Illinois Live Stock Breeders' Association the 
following sums, to-wit: For printing and distributing reports, pro- 
grams, postage, stationery, expenses of speakers, etc., the sum of five 
hundred dollars ($500) per annum for the years 1903 and 1904. 

§ 2. No officer or officers of the Illinois Live Stock Breeders' 
Association shall be entitled to or receive any money compensation 
whatever for any service rendered for same. 

§ 3. That on order of the president, countersigned by the secre- 
tary of the Illinois Live Stock Breeders' Association and approved 
by the Governor, the Auditor of Public Accounts shall draw his 
warrant on the Treasurer of the State of Illinois in favor of the 
treasurer of the Illinois Live Stock Breeders' Association for the 
sum herein appropriated. 

§ 4. It shall be the duty of the treasurer of the Illinois Live 
Stock Breeders' Association to pay out of said appropriation, on 
itemized and receipted vouchers, such sums as may be authorized by 
said organization, on the order of the president, countersigned by the 
secretary, and make annual report to the Governor of all expendi- 
tures, as provided by law. 

Approved May 15, 1903. 



BEE KEEPERS' ASSOCIATION. 



Preamble. 



I 2. How drawn. 

I 3. Duty of treasurer of association. 

Approved May 15. 1903. 



I 1. For expenses of annual meetings, per 
annum. $1,000; officers to receive no 
salary. 

An Act making an appropriation for the Illinois State Bee Keepers' 

Association. 

Whereas, The members of the Illinois State Bee Keepers' Asso- 
ciation have for years given much time and labor without compensa- 
tion in the endeavor to promote the interests of the bee keepers of 
the State; and, 

Whereas, The importance of the industry to the farmers and fruit 
growers of the State warrants the expenditure of a reasonable sum 
for the holding of annual meetings, the publication of reports and 
papers containing practical information concerning bee keeping, 
therefore, to sustain the same and enable this organization to defray 
the expenses of annual meetings, publishing reports, suppressing 
foul brood among bees in the State, and promote this industry in 
Illinois: 

Section 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated for the use of the Illinois State Bee Keepers' Associa- 
tion the sum of one thousand dollars ($1,000) per annum for the 
years 1903 and 1904, for the purpose of advancing the growth and 



26 APPROPRIATIONS. 



developing the interests of the bee keepers of Illinois, said sum to be 
expended under the direction of the Illinois State Bee Keepers' Asso- 
ciation for the purpose of paying the expenses of holding annual 
meetings, publishing the proceedings of said meetings, suppressing 
foul brood among bees in Illinois, etc.: Provided, however, that no 
officer or officers of the Illinois State Bee Keepers' Association shall 
be entitled to receive any money compensation whatever for any ser- 
vices rendered for same. 

§ 2. That on the order of the president, countersigned by the sec- 
retary of the Illinois State Bee Keepers' Association, and approved 
by the Governor, the Auditor of Public Accounts shall draw his war- 
rant on the Treasurer of the State of Illinois in favor of the treas- 
urer of the Illinois State Bee Keepers' Association for the sum herein 
appropriated. 

§ 3. It shall be the duty of the treasurer of the Illinois State Bee 
Keepers' Association to pay out of said appropriation, on itemized 
and receipted vouchers, such sums as may be authorized by vote of 
said organization on the order of the president, countersigned by the 
secretary, and make annual report to the Governor of all such ex- 
penditures, as provided by law. 

Approved May 15, 1903. 



BINDING-DEFICIENCY. 

g 1. Appropriates $5,000. I § 3. Emergency. 

§ 2. How drawn. I Approved May 6, 1903. 

An Act to provide for a deficiency in the expenses of public binding 
for the fiscal year ending June 30, 1903. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whereas the sum of 
$10,000 per annum appropriated by the Forty-second General Assem- 
bly for the purpose of paying for public binding under contract has 
been insufficient, and that there is now a deficiency for the current 
year ending June 30, 1903, of $5,000, therefore the said sum of $5,000 
be and is hereby appropriated to be paid for public binding under 
contract upon bills of particulars certified to by the Board of Com- 
missioners of State Contracts and approved by the Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant on the State Treasurer for the same. 

§ 3. Whereas, An emergency exists, this bill is to take effect 
from and after its passage. 

Approved May 6, 1903. 



APPROPRIATIONS. 



27 



BOARD OP ARBITRATION-DEFICIENCY. 



g 1. For expenses of current fiscal year, I 3. Emergency. 

$3,000, Approved May 15. 1903. 

g 2. How drawn. 

An Act making an appropriation to meet a deficiency in the ex- 
penses of the State Board of Arbitration. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That there be, and is hereby, 
appropriated the sum of $3,000 to defray the expenses of the State 
Board of Arbitration, already incurred, or to be incurred before the 
close of the present fiscal year. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrants for the amount herein appropriated upon the pre- 
sentation of certified vouchers, approved by the Governor. 

§ 3. Whereas, An emergency exists, therefore, this act shall be 
in force from and after the date of its passage and approval. 

Approved May 15, 1903. 



CACHE RIVER-DREDGING. 



Preamble. 

\ 1. Appointment of commissioners. 

\ 2. Duties of commissioners. 



I 3. 



Appropriates 
tures. 



3,000— report of expend . 



Approved May 16, 1903. 



An Act creating a commission consisting of three persons to be ap- 
pointed by the Governor of the State, whose duty it shall be to 
employ a competent engineer or engineers to ascertain the cost of 
straightening and dredging Cache river and make approp ria- 
tion therefor. 

Whereas, A large area of land is overflowed by the waters of 
Cache river to-wit: 250,000 acres or more, lying along the course of 
said river, which flows thTough the counties of Alexander, Pulaski, 
Massac, Johnson and Union; and, 

Whereas, This vast area of land is overflowed by the waters of 
said Cache river and its tributaries six to eight months of the year, 
thereby causing the land to be worthless, making it impossible to 
clear and till said land; and, 

Whereas, The waters of said Cache river during the wet period 
of the year leave the banks of said river and its tributaries, and cause 
destruction of roads in the low lands adjacent thereto; and, 

Whereas, Said back waters stand for the greater part of the sum- 
mer season in sloughs and ponds and become stagnant and injurious 
to the heath [health] of the inhabitants of said territory and vicinity; 
and, 



28 APPROPRIATIONS. 



Whereas, The dredging and straightening of the channel of said 
Cache river would confine the waters of said river to its banks and 
thereby drain and reclaim the large area of lands above described as 
being overflowed by back waters from said river, making said lands, 
which are practically worthless, valuable and desirable property, 
cheapening the cost of maintaining the roads of the counties 
through which said river flows and immeasurably benefiting the sani- 
tary condition of said territory. The successful accomplishment of 
the work proposed will add to the wealth and taxable property of 
Southern Illinois ten million dollars valuation and open a new field 
for the investment of oapital and the development of one of the most 
fertile sections of our great State. 

Therefore, for the purpose of making estimate of the cost of 
straightening and dredging said Cache river, 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That it shall be the duty of 
the Governor by and with the advice and consent of the Senate to 
appoint three persons, residents of this State, who shall constitute a 
Board of Cache River Drainage Commissioners, who shall hold their 
offices for a term of two years and who shall receive a salary of $500 
per annum. 

§ 2. It shall be the duty of said commissioners so appointed, to 
secure a sufficient corps of competent engineers to survey said river 
and make a plat of same together with the territory affected and 
ascertain and make an estimate of the cost of straightening and 
dredging said river so as to confine its waters within its banks at all 
seasons of the year and thereby reclaim said territory for agricultural 
and sanitary purposes. 

§ 3. That, to carry out the provisions of this act, there be and is 
hereby appropriated the sum of $10,000 which shall be used by said 
commissioners who shall have authority to draw upon the State 
Treasurer from any appropriation made, in pursuance of the pur- 
poses of this bill, as the same may be required to defray expenses in- 
curred, and who shall report to the Governor of the State all and 
singular, the items of such expenditures, together with the business 
transacted under their commission, such report to be made on or be- 
fore the commencement of each fiscal year. 

Approved May 16, 1903. 



APPROPRIATIONS. 29 



CHARITABLE-BLIND- INDUSTRIAL HOME, ORDINARY. 

§ 3. How drawn. 



Approved May 15, 1903. 



I 1. Salaries and ordinary expenses, year 
beginning July 1. 1903, $30,000. 

§ 2. Same for year beginning July 1, 1904, 
$30,000. 

An Act making an appropriation for the Illinois Industrial Home 
for the Blind, Chicago. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated for the purpose of defraying the ordinary expenses of 
the Illinois Industrial Home for the Blind for the year beginning 
July 1, 1903, the sum of $30,000, apportioned as follows: 

Superintendent $ 1,500 

Salaries and wages of all other employes 5,500 

All other ordinary expenses 23,000 



Total $30,000 

§ 2. For the purpose of defraying the ordinary expenses of the 
Illinois Industrial Home for the Blind, for the year beginning July 
1, 1904, the sum of $30,000 is appropriated, as follows: 

Superintendent $ 1,500 

Salaries and wages of all other employes 5,500 

All other ordinary expenses 23,000 



Total $30,000 

§ 3. The moneys herein appropriated shall be due and payable to 
the trustees of said institution or to their order only on the terms 
and in the manner provided in the 19th section of an act entitled 
"An act to regulate the State Charitable Institutions and the State 
Reform School, and to improve their organization and increase their 
efficiency." 
Approved May 15, 1903. 



charitable-blind-industrial home, special. 

§ 1. For purposes enumerated, biennial, I 2 2. How drawn. 

$59,150, I Approved May 16, 1303. 

An Act making an appropriation for the Illinois Industrial Home 
for the Blind, Chicago. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following sums be, 
and are hereby, appropriated to the Illinois Industrial Home for the 
Blind, Chicago, for the purposes herein stated for the two years 
beginning July 1, 1903, the sum of $59,150, apportioned as follows: 



30 APPROPBIATIONS. 



Repairs and improvements, $3,750 per annum $ 7,500 

Medical services, $300 per annum 600 

Working capital in factory, $12,500 per annum 25,000 

Improvement of grounds 2,000 

Finishing 4th story of building 6 ,500 

Furnishing 4th story of dormitories 2,500 

Office safe 300 

Piano 300 

Refrigerator and ice house 650 

Deficit 18,800 



Total $59,150 

§ 2. The moneys herein appropriated shall be due and payable to 
the trustees of said institution or their order, only on the terms and 
in the manner provided in section 20 of an act entitled, "An act to regu- 
late the State Charitable Institutions and the State Reform Schoool 
and to improve their organization and increase their efficiency" 

Approved May 16, 1903. 



CHARITABLE INSTITUTIONS-OMNIBUS BILL. 
2 2. How drawn. 



I 1. Appropriates sums named to State 
charitable institutions for purposes 
enumerated. 



Approved May 16, 1903. 



An Act making appropriations for the State Charitable Institu- 
tions herein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following sums be, 
and are hereby, appropriated to the State institutions named in this 
act, for the purposes herein stated, for the two years beginning July 
1, 1903, the sum of $1,266,608.50, and that appropriation shall be ap- 
portioned between the institutions and shall be payable as herein 
stated, as follows: 

TO THE NORTHERN HOSPITAL FOR THE INSANE, ELGIN. 

Repairs and improvements, $10,000 per annum $20,000 

Painting, per annum, $2,000 4,000 

Maintenance of steam plant, $2,000 per annum 4,000 

Care and improvement of grounds, $1,500 per annum 3,000 

Maintenance of library, $500 per annum 1,000 

Furniture 4,000 

Live stock 1,000 

Farm buildings and implements 2,000 

Fencing 500 

Three fire escapes 2,500 

*Cold storage and ice plant 20,000 

New roof on main building 10,000 

Machinery for workshop 700 



APPROPRIATIONS. 31 



Machinery for laundry . . 700 

Elevator for kitchen 1,200 

Feed water heater 1,500 



[Total] $76,000 

TO THE EASTERN HOSPITAL FOR THE INSANE. KANKAKEE. 

Repairs and improvements, $25,000 per annum $50,000 

Improvement and care of garden, $2,000 per annum 4,000 

Improvement of grounds, $2,000 per annum 4,000 

*Cement walks and curbing, $2,500 per annum 5,000 

Farm implements and live stock, $2,000 per annum 4,000 

*Repairing slate roofs, $1,000 per annum 2,000 

*Iron beds, to replace old beds 5,000 

Material and tools for workshop, $2,000 per annum 4,000 

New furniture, $6,000 per annum 12,000 

*Pathological laboratory, $2,000 per annum 4,000 

Library, $1,000 per annum 2,000 

Painting, $4,000 per annum 8,000 

Maintenance of fire department, $1,000 per annum 2,000 

*Resetting windows 5,000 

New farm building 30,000 

*Telephone system 3,000 

Pipe coverings 3,500 



Total $137,500 

TO THE CENTRAL HOSPITAL FOR THE INSANE. JACKSONVILLE. 

Repairs and improvements, $10,000 per annum $20,000 00 

Cement walks, $1,500 per annum 3,000 00 

Stand pipe and hose tower 4,200 00 

Ice plant 6,500 00 

Iron stairways for protection and necessary connections . . 10,000 00 

Improvement of grounds, $2,000 per annum 4,000 00 

Plumbing 7,000 00 

Library, $500 per annum 1,000 00 

Painting, $5,000 per annum 10,000 00 

Live stock 2,000 00 

Farm implements 500 00 

Fencing, $500 per annum 1,000 00 

Paving street 5,268 50 



Total $74,468 50 

TO THE WESTERN HOSPITAL FOR THE INSANE. WATERTOWN. 

Repairs and improvements, $3,000 per annum 6,000 

Library, $250 per annum 500 

Improvement of grounds, $2,500 per annum 5,000 



32 APPROPEIATIONS. 



Enlarging kitchen, bath room and dining rooms 10,000 

New boiler 4,500 

New engine and dynamo 3,500 

Draining farm 2,500 

Farm implements and live stock 1,000 

Carpenter shop and patients' workshop 5,000 

Water supply and standpipe $ 4,000 

New building complete, including plumbing, heating, and 

furnishing 125,000 

Total $167,000 

TO THE SOUTHERN HOSPITAL FOR THE INSANE, ANNA. 

Repairs and improvements, $10,000 per annum $20,000 

Improvement of grounds, $2,000 per annum 4,000 

Library, $300 per annum 600 

Farm implements and live stock, $1,250 per annum 2,500 

Pumping station and machinery for new well 3,500 

Four fire escapes 3,200 

Cement walks 3,000 

Enlarging kitchen 2,500 

New barn 5,000 

Total $44,300 

TO THE ASYLUM FOR THE INCURABLE INSANE, BARTONVILLE. 

Repairs and improvements, $5,000 per annum $10,000 

Improvement of grounds, $5,000 per annum 10,000 

For building and furnishing additional cottages, including 

dining rooms 300,000 

For sewers and connections for new buildings 2,000 

New boiler 4,500 

New dynamo 3,000 

* Water system 15,000 

Total $344,500 

TO THE ASYLUM FOR INSANE CRIMINALS, CHESTER. 

Repairs and improvements, $2,000 per annum $4,000 

Library, $100 per annum 200 

Total $4,200 

TO THE INSTITUTION FOR THE EDUCATION OF THE DEAF AND 
DUMB, JACKSONVILLE. 

Repairs and improvements, $8,000 per annum $16,000 

Library, $500 per annum 1,000 

Water supply 5,000 

Plumbing and heating 7,000 



APPROPRIATIONS. 33 



School library and studio (additional appropriation) 25,000 

To extend trade teaching 2,000 

To purchase two new boilers and one new dynamo, reset old 

boiler and reconstruct and rebuild boiler house 20,000 

[Total] $76,000 

TO THE INSTITUTION FOR THE EDUCATION OP THE BLIND. 
JACKSONVILLE. 

Repairs and improvements, for the first year, $7,500; for the 

second year, $3,500 $11,000 

Material for printing department, $500 per annum 1,000 

Carriage, barn and paint shop 3,000 

Library and apparatus, $400 per annum 800 

[ Total ] $15,800 



TO THE ASVLUM FOR FEEBLE-MINDED CHILDREN, LINCOLN. 

Repairs and improvements, $15,000 per annum $30,000 

Improvement of grounds, $2,000 per annum 4,000 

For library and school books, $500 per annum 1,000 

For paving roads along State grounds 9,000 

For constructing four new boilers and smokestack 13,000 

Total $57,000 



TO THE SOLDIERS' AND SAILORS' HOME. QUINCY. 

For repairs and improvements, $10,000 per annum $20,000 

Improvement of grounds, $1,000 per annum 2,000 

Library, $600 per annum 1,200 

Reconstructing steam heating plant 4,000 

Plumbing in cottages 8,000 

Water mains and fire plugs 2,500 

Improvement of cemetery 1,000 

Overcoats for inmates 10,000 

Total , $48,700 



TO THE SOLDIERS' ORPHANS' HOME. NORMAL. 

Repairs and improvements, for fiist year, $7,000; for second 

year, $4,000 $11,000 

Library, $300 per annum 7 . 600 

Well and pump 500 

—3 



34 APPROPRIATIONS. 



Completing and equipping hospital $ 2,000 

For piano for kindergarten school 300 

Five cottages and furnishings 25,000 

Total $39,400 



TO THE SOLDIERS' WIDOWS' HOME, WILMINGTON. 

Repairs and improvements, $500 per annum $1,000 

Improvement of grounds, $100 per annum 200 

Concrete walks , 540 

Brick barn 1,500 

New power house 3,000 

Total $6,240 



TO THE CHARITABLE EYE AND EAR INFIRMARY, CHICAGO. 

Repairs and improvements, $2,500 per annum $ 5,000 

Library and amusements, $150 per annum 300 

*For the purchase of ground and the construction of build- 
ings for the care of infectious and contagious diseases . . 75,000 

Total $80,300 



STATE TRAINING SCHOOL FOR GIRLS. GENEVA. 

Repairs and improvements, $3,000 per annum $ 6,000 

Improvement of grounds, $500 per annum 1,000 

Parole and discharging girls, $500 per annum 1,000 

Library, $100 per annum 200 

Farm implements, live stock and vehicles, $250 per annum., 500 

Two new cottages 36,000 

Furniture for two new cottages 3,000 

New boiler 3,500 

Extension to boiler house 1,500 

Smoke stack 3,500 

Ice house 1,000 

Deficiency in 1901 ordinary for second year 8,000 

*New chapel 20,000 

Total $85,200 

§ 2. The moneys herein appropriated shall be due and payable to 
the trustees of the several institutions herein named, or their order, 
only on the terms and in the manner now provided by law. 

Approved May 16, 1903. 



APPROPRIATIONS. 35 



* I hereby certify that the foregoing: act, as printed above, is a correct copy of Senate Bill 
No. 26, as enrolled and submitted to the Governor for his approval. The items marked with 
a star, to-wit: "Cold storage and ice plant, $20,000," Northern Hospital for Insane; "cement 
walks and curbing, $2,500 per annum— $5,000," "repairing slate roofs, per annum, $1,000 — 
$2,000," "iron beds to replace old beds, $5, 000," "pathological laboratory, $2,000 per annum, 
$4,000." resetting windows, $5,000," "telephone system, $3,000." Eastern Hospital for Insane; 
"water system, $15,000," Asylum Incurable Insane; "for the purchase of grounds and the 
construction of buildings for the care of infectious and contagious diseases, $75,000," 
Charitable Eye and Ear Infirmary; "new chapel, $20,000." State Training School for Girls, 
were vetoed by the Governor, by which action the total appropriation for The Northern 
Hospital for the Insane is reduced from $76, 000, as printed above, to $56,000; The Eastern 
Hospital for the Insane, from $147,500, as printed above, to $123,500; The Asylum for the 
Incurable Insane, from $344,500, as printed above, to $329,500; The Charitable Eye and Ear 
Infirmary, from $80,300, as printed above, to $5,300; The State Training School for Girls, from 
$85,200, as printed above, to $65,200, and the total appropriations for all the institutions 
named in the act is reduced from $1,266,608.50, as printed above, to $1,112,608.50. 



James A, Rose, 

Secretary of State. 



CHARITABLE INSTITUTIONS-ORDINARY EXPENSES. 

§ 3. How drawn. 



Approved May 15. 1903. 



I 1. Appropriates $1,698,650 for year begin- 
ning July 1. 1903. 

I 2. Appropriates $1,968,650 for year begin- 
ning July 1, 1904. 

An Act making an appropriation for the ordinary and other ex- 
penses of the State Charitable Institutions herein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated for the purpose of defraying the ordinary expenses of 
the State institutions named in this act, for the year beginning July 
1, 1903, the sum of $1,698,650, payable quarterly in advance, and the 
said appropriations shall be apportioned between the said institu- 
tions as follows: To the 

Northern Hospital for the Insane at Elgin $185,000 

Eastern Hospital for the Insane at Kankakee 372,000 

Central Hospital for the Insane at Jacksonville 185,000 

Western Hospital for the Insane at Watertown , 101,500 

Southern Hospital for the Insane at Anna 115,000 

Asylum for the Incurable Insane at Bartonville 90,000 

Asylum for Insane Criminals at Chester 35,000 

Institution for the Education of the Deaf and Dumb at 

Jacksonville 110,000 

Institution for the Education of the Blind at Jacksonville 55,000 

Asylum for Feeble-Minded Children at Lincoln 107,000 

Soldiers' and Sailors' Home at Quincy 187,500 

Soldiers' Orphans' Home at Normal 62,500 

Soldiers' Widows' Home at Wilmington 18,000 

Charitable Eye and Ear Infirmary at Chicago 40,150 

State Training School for Girls at Geneva 35,000 



Total $1,698,650 

§ 2. For the purpose of defraying the ordinary expenses of the 
said State institutions for the year beginning July 1, 1904, the sum 



36 APPROPRIATIONS. 



of $1,968,650 is appropriated, payable quarterly in advance, and the 
said appropriation shall be apportioned between the said institutions 
as follows, and at the same rate thereafter until the expiration of the 
first fiscal quarter after the adjournment of the next General Assem- 
bly, as follows: To the 

Northern Hospital for the Insane at Elgin $185,000 

Eastern Hospital for the Insane at Kankakee 372,000 

Central Hospital for the Insane, Jacksonville 185,000 

Western Hospital for the Insane, Watertown 151,500 

Southern Hospital for the Insane at Anna 160,000 

Asylum for Incurable Insane at Bartonville 180,000 

Asylum for Insane Criminals, Chester 35,000 

Institution for the Education of the Deaf and Dumb at 

Jacksonville 110,000 

Institution for the Blind at Jacksonville 55,000 

Asylum for Feeble- Minded Children at Lincoln 182,000 

Soldiers and Sailors' Home at Quincy 187,500 

Soldiers' Orphans' Home at Normal 62,500 

Soldiers' Widows' Home at Wilmington 18,000 

Charitable Eye and Ear Infirmary at Chicago 40,150 

State Training School for Girls at Geneva , 45,000 

Total $1,968,650 

§ 3. All moneys herein appropriated shall be due and payable to 
the trustees of the several institutions named, or to their order, only 
on the terms and in the manner provided in the nineteenth section 
of an act entitled, "An act to regulate the State charitable institu- 
tions and the State Reform School , and to improve their organiza- 
tion and increase their efficiency." 

Approved May 14, 1903. 



CHARITABLE-ST. CHARLES HOME FOR BOYS. 

I 1. Appropriates $350,000, ordinary and special expenses— how drawn. 
Approved May 15, 1903. 

An Act making appropriation for St. Charles Home for Boys. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the following sum of 
money be, and is hereby, appropriated to the St. Charles Home for 
Boys, St. Charles, Kane county, Illinois, to-wit: The sum of three 
hundred and fifty thousand dollars for the purposes hereinafter 
named: 

For buildings and equipment $300,000 

For ordinary expenses for the year ending June 30, 1904 . . 25,000 
For ordinary expenses for the year ending June 30, 1905 . . 25,000 



APPROPRIATIONS. 37 



The money herein appropriated for ordinary expenses shall be due 
and payable to the trustees of said institution only on the terms and 
in the manner provided in the nineteenth section of an act entitled 
"An act to regulate the State Charitable Institutions and the Re- 
form School and to improve their organization and increase their 
efficiency." 

The moneys herein appropriated for buildings and equipment 
shall be due and payable to the trustees of said institution or their 
order only on the terms and in the manner now provided by law. 

Approved May 15, 1908. 



COMMISSIONS OP CLAIMS-DAMAGES ALLOWED BY. 

g 1. Witte, Henry R.. $3,000; Chicago Ball I I 2. How drawn. 

Club. $2,000; Hatfield, Charles, $1,000. . ... , c ,„„ 

I Approved May 15, 1903. 

An Aot to make appropriations for the payment of amounts 
awarded by the Commission of Claims to certain persons named 
therein. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is 
hereby, appropriated to Harry R. Witte, administrator of Edward 
R. Witte, deceased, the sum of three thousand [dollars] ($3,000) for 
damages for the death of said Edward R. Witte, late a member of 
the Illinois National Guard, accidentally shot on rifle range, awarded 
by the Commission of Claims September 10, 1902; to the Chicago 
League Ball Club the sum of two thousand [dollars] ($2,000) for 
damages to grounds caused by occupancy of said grounds by mem- 
bers of the Illinois National Guard during the strike of 1894, award 
made by the Commission of Claims January 21, 1903; to Charles 
Hatfield, the sum of one thousand dollars ($1,000) for injuries re- 
ceived on the 31st day of August, 1889, while a member of Troop 
"B," 1st Cavalry, Illinois National Guard, while in the line of duty 
at Camp Lincoln, Springfield, Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the State Treasurer in favor of said 
persons, respectively, for the amounts herein appropriated. 

Approved May 15, 1903. 



APPROPRIATIONS. 



DAIRYMEN'S' ASSOCIATION. 

I 1. For publishing and distributing report, I § 2. How drawn. 

per annum. $1,500. | Approved May 15 , 1903 , 

An Act making an appropriation for the Illinois Dairymerfs 

Association. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of one thousand 
five hundred dollars ($1,500) per annum for the years 1903 and 1904 
be, and the same is hereby, appropriated to aid the Illinois Dairy- 
men's Association in compiling, publishing and distributing its re- 
port, and other necessary expenses. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the State Treasurer for the sum in this act 
specified, on bills of particulars certified to by the officials of said 
association, to the order of the president of said association, and the 
State Treasurer shall pay the same out of any funds in the treasury 
not otherwise appropriated. 

Approved Mav 15, 1903. 



exposition, louisana purchase-re-appropriation op funds. 

Preamble. 

I 1. Re-appropriates unexpended balance of 8250,000— how drawn. Approved May 15, 1903. 

An Act entitled "An act to provide for the re-appropriation of the 
unexpended balance of funds appropriated in an act entitled l An 
act to provide for the participation of the State of Illinois in the 
Louisana Purchase Exposition, to be held in the city of St. Louis 
during the year 1903, in commemoration of the purchase of the 
Louisana territory by the United States from the government of 
France in the year 1803, and for an appropriation to pay the 
costs and expenses of the same,'' approved May 9, 1901, in force 
July 1, 190V 

Whereas, The Louisiana Purchase Exposition has, by the direc- 
tors and managers of the same, been postponed from the year 1903 
to the year 1904; and, 

Whereas, The sum appropriated by the act of the Legislature, 
approved May 9, 190 L, to enable the State of Illinois to participate 
in said exposition, will, in whole or in part, lapse into the treasury 
of the State of Illinois under the laws of this State on September 30, 
1903; and, 

Whereas, It is desirable that any unexpended balance of the 
$250,000 appropriated by said act shall be available for the partici- 
pation of the State of Illinois in said exposition in the year 1904, or 
at any later date to which said exposition may be postponed by the 
directors or managers thereof; therefore, 



APPROPRIATIONS. 



39 



Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That, for the purpose of car- 
rying out the provisions of an act entitled "An act to provide for the 
participation of the State of Illinois in the Louisiana Purchase Ex- 
position, to be held in the city of St. Louis during the year 1903 in 
commemoration of the purchase of the Louisiana territory by the 
United States from the government of France in the year 1803, and 
for an appropriation to pay the costs and expenses of the same," ap- 
proved May 9, 1901, in force July 1, 1901, so much of the said sum of 
$250,000 heretofore appropriated for the purposes aforesaid, as shall 
not be expended on the 30th day of September, 1903, is hereby re- 
appropriated from the State treasury of Illinois for the purpose of 
carrying out the provisions of the said act, approved May 9, 1901, to 
be expended in accordance with the provisions of said act. 

Approved May 15, 1903. 



FARMERS' INSTITUTES-STATE AND COUNTY. 



1. Enacting: clause. 

2. Clerk hire, etc., per annum, $1,000. 

3. OfiQce expenses, etc., per annum, $1,500. 

4. Books for libraries, per annum, $2,500. 

5. Expenses of members, per annum, 

$5,000. 



§ 6. County institutes, each per annum, $75. 



§ 7. 



Officers of county institute to serve 
without pay. 



§ 8. How drawn. 

I 9 Duty of treasurer of State Institute. 

Approved May 15, 1903. 



An Act making an appropriation for the Illinois Farmers' 1 Institute 
and County Farmers^ Institutes. 

Whereas, To assist and encourage practical education among 
farmers, and for developing the agricultural resources of the State, 
the Thirty-ninth General Assembly created an organization under 
the name and style of the Illinois Farmers' Institute, and intrusted 
to it the development of greater skill in the cultivation of crops, in 
the breeding and care of domestic animals, in dairy husbandry, in 
horticulture, in farm drainage, in improvement of highways and gen- 
eral farm management, through and by means of liberal discussions 
of these and kindred subjects, and practical instruction for improving 
the conditions of the farmer by affording a better knowledge of suc- 
cessful agriculture; therefore to sustain the same, 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated to the Illinois Farmers' Institute the following sums, 
to-wit: 

§ 2. For clerk hire, typewriter, etc., the sum of one thousand dol- 
lars ($1,000) per annum for the fiscal years beginning July 1, 1903 
and 1904. 



40 APPROPRIATIONS. 



§ 3. For expressage, postage, office expenses, furniture, etc., the 
sum of one thousand five hundred dollars ($1,500) per annum for the 
fiscal years beginning July 1, 1903 and 1904. 

§ 4. For the purchase of books for, and the maintenance and man- 
agement of the Illinois Farmers' Institute free libraries, the sum of 
two thousand five hundred dollars ($2,500) per annum for the fiscal 
years beginning July 1, 1903 and 1904. 

§ 5. For the actual expenses of the members of the board of di- 
rectors and the officers of the Illinois Farmers' Institute in the per- 
formance of their duties as said members and officers, for the expenses 
of the State Institute meeting, for the employment of specially quali- 
fied institute instructors, and for the incidental expenses in promot- 
ing the development of the Farmers' Institute work throughout the 
State, the sum of five thousand dollars ($5,000) per annum for the 
fiscal years beginning July 1, 1903 and 1904. 

§ 6. For the use of each county farmers' institute for the purpose 
of holding one or more farmers' institute meetings in each county in 
the State under the full direction of the county farmers' institute 
officers of each county, the sum of seventy-five dollars ($75) per an- 
num for the fiscal years beginning July 1, 1903 and 1904, to be paid 
to the treasurer of each county farmers' institute, when such institute 
shall file with the Secretary of the Illinois Farmers' Institute, a sworn 
statement which shall show that said county farmers' institute has 
held one or more duly advertised public sessions annually, of not less 
than two days each, at some easily accessible location; which shall 
include an itemized statement of the expenses of said meeting, with 
receipted vouchers therefor, a copy of its printed program, and a re- 
port of proceedings showing the title and author of the papers read 
and by whom discussed, place or places of meeting, with average 
daily attendance, and such other information as may be called for by 
the Illinois Farmers' Institute and necessary to successfully assist 
this work. 

§ 7. No officer nor officers of any county farmers' institute shall 
be entitled to receive any moneyed compensation whatever for any 
service rendered the same. 

§ 8. That on the order of the president, countersigned by the 
secretary of the Illinois Farmers' Institute, and approved by the 
Governor, the Auditor of Public Accounts shall draw his warrant on 
the Treasurer of the State of Illinois in favor of the treasurer of the 
Illinois Farmers' Institute, for the sum herein appropriated: Pro- 
vided, that each warrant on account of a county farmers' institute 
shall show the county institute for whose benefit the same is drawn: 
Provided, further, that the program and report of proceedings of the 
county farmers' institute, for which each warrant is drawn, shall 
show that some of the following topics have been presented and dis- 
cussed, viz.: Grain farming, stock feeding and breeding, dairy hus- 
bandry, orchard and small fruit culture, farmer's garden, domestic 
science and any subjects pertaining to farm life: Provided, further , 



APPROPRIATIONS. 41 



that if the necessary expense of a county farmers' institute shall not 
equal the sum of seventy-five dollars ($75) as aforesaid, then said 
warrant shall only be drawn for the sum expended. 

§ 9. It shall be the duty of the treasurer of the Illinois Farmers' 
Institute to pay over to the treasurer of each county farmers' insti- 
tute the said sum of seventy- five dollars ($75), or so much thereof as 
may be received for its use and benefit, as aforesaid, and make annual 
report to the Governor, as provided by law. 

Approved May 15, 1903. 



FIREMENS' ASSOCIATION-AID AND MAINTENANCE 
Preamble. 



I 3. Annual statement to Governor. 
I 4. How drawn. 
Approved May 15, 1903. 



I 1. Postage, stationery and general ex- 
penses, per annum, $500. 

\ 2. No part of appropriation available for 
salaries. 

An Act to make an appropriation for the benefit, aid and mainten- 
ance of the Illinois Firemerfs Association. 

Whereas, The Illinois Firemen's Association is an organization 
representing the firemen, and especially the volunteer firemen of the 
State, and is organized under the laws of this State; and, 

Whereas, The aims of the Illinois Firemen's Association are the 
education of firemen in the fire service, and the betterment of the 
service in the several towns and cities in the State, for which pur- 
pose annual meetings are held for the discussion of topics of the sub- 
ject, and the hearing of suggestions that are of great value to the 
membership (made up of the fire departments of the State of Illi- 
nois) ; therefore, to help sustain this organization in the holding of 
its annual meetings and the printing of its reports, and to otherwise 
promote the usefulness of this meritorious organization, the fire- 
fighters, who voluntarily give their service in the protection of lives 
and homes. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That there be, and is here- 
by, appropriated to the Illinois Firemen's Association the following 
sums, to-wit: For the printing and distribution of its programs, 
postage, stationery, expenses of the annual meeting, the dissemina- 
tion of information pertaining to the business of the association, the 
sum of five hundred dollars ($500) per annum. 

§ 2. No part of the said five hundred dollars ($500) shall be paid 
as salary to any officer of the Illinois Firemen's Association. 

§ 3. The secretary and treasurer of the said association shall make 
an annual statement to the Governor on or before January 1, of 
each and every year of the disposition of the said appropriation. 



42 



APPROPRIATIONS. 



§ 4. The State Auditor is hereby authorized to draw his warrant 
for the sum herein specified, and deliver the same to the president 
and treasurer of the Illinois Firemen's Association, upon their pre- 
senting proper voucher for the same, signed by the president and 
secretary of said association, and the State Treasurer shall pay out 
of any money in the State Treasury not otherwise appropriated. 

Approved May 15, 1903. 



FORT MASSAC-PURCHASE OP SITE. 



§ 4. Appropriates $10,000— how drawn. 



1 5. 



Reports of board to each General As- 
sembly, 



? 1. Fort Massac trustees— appointment- 
may purchase site of old Ft. Massac- 
cost limited to $3,500. 

I 2. Powers and duties of board. Approved May 15. 1903. 

I 3. Further powers and duties of board 
enumerated. 

An Act appropriating money to purchase and perpetuate the his- 
toric Fort Massac as a State park. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the Governor, Secre- 
tary of State and Auditor of the State of Illinois, and the State re- 
gent of Illinois of the Daughters of the American Revolution, and 
two Illinois daughters appointed by the State regent, all to serve 
without remuneration, and their successors in office, shall constitute 
a board of trustees, and by the name and style of the Fort Massao 
trustees, shall have power to receive a conveyance from the Hon. 
Reed Green, or other owner or owners thereof, of the property, not 
less than ten (10) nor more than forty (40) acres in extent, extend- 
ing from the northwestern edge of the Ohio river, at low water mark, 
in the county of Massac and State of Illinois, lying as near square 
in form as possible, containing the site of Old Fort Massac, but at a 
price not to exceed the sum of three thousand five hundred dollars 
($3,500), and to hold the same in perpetuity, but in trust for the 
State of Illinois; to execute in said name and style and deliver to 
the said Reed Green, or other owner or owners, as may be determined 
by investigation, a contract covenanting with the said Reed Green 
and his heirs and others aforesaid, if any, and their heirs, that said 
Old Fort Massac shall be forever kept in good repair and free of ac- 
cess to the public, under such regulations as they may deem wise for 
the proper preservation of the property aforesaid. 

§ 2. Said board shall have full authority over and control of said 
property; shall have power to contract with reference to the proper 
care and custody thereof, and all such articles of antiquity and curi- 
osity as may there be collected, and with reference to restoration and 
repair of said Old Fort Massac, and proper care of said property; to 
the employment of a suitable person to care for the same and to ex- 



APPROPRIATIONS. 43 



hibit it to the public; and in said name and style may sue in refer- 
ence to any matters pertaining to the powers and trusts hereby cre- 
ated. 

§ 3. It shall be the duty of said trustees to use the moneys that 
may from time to time be appropriated by the General Assembly, so 
far as can be done with such moneys, to keep said premises in good 
repair; to keep the same open and free of access to the public at all 
seasonable hours; to authorize the erection on said premises by the 
Illinois organizations of the Daughters of the American Revolution 
and their associates in the nation at large, a monument commemora- 
tive of the history of Old Fort Massac and of their connection with 
the restoration and care of the same; and to authorize the inscription 
upon said monument of such reasonable and proper inscription as 
will fully set forth the facts referred to herein. 

§ 4. There is hereby appropriated the sum of ten thousand dol- 
lars ($10,000) , or so much thereof as may be necessary, to defray the 
expenses of purchasing said premises, and employing a custodian 
and carrying out the purposes of this act, for the period of two years 
after the approval of this act, and to be paid out of any moneys of 
the Treasury of the State, not otherwise appropriated, on warrants 
of the Auditor upon the Treasurer, approved by the Governor, on the 
direction of a majority of said board, from time to time, as the same 
may be required for the purposes of this act. 

§ 5. Said board shall report to each General Assembly before the 
twentieth (20th) day of each regular session, a detailed account of 
all their transactions and of all expenditures made by them, and also 
such recommendations as they may deem proper for the consideration 
of the General Assembly. 

Approved May 15, 1903. 



GENERAL ASSEMBLY. 43d-EMPLOYES. 



I 1. Appropriates $100,000. 



§ 2. Emergency. 
Approved January 27, J903. 



An Act making appropriations for the payment of the employes of 
the Forty-third General Assembly. 

Section 1. Be it enacted, by the People of the State of Illinois 
represented in the General Assembly : That there be, and is hereby, 
appropriated the sum of $100,000, or so much thereof as may be 
necessary, to pay the employes of the Forty-third General Assembly 
at the rate of compensation allowed by law; said employes to be paid 
upon rolls certified to by the presiding officers of the respective 
houses, or by the Secretary of State, approved by the Governor, as 
provided by law. 

§ 2. Whereas, The above appropriation is necessary for the 
transaction of the business of the State, therefore, an emergency exists, 
and this act shall take effect from and after its passage. 

Approved January 27, 1903. 



44 



APPROPRIATIONS. 



GENERAL ASSEMBLY, 43D-INCIDENTALS. 



§ 3. Emergency. 
Approved January 27, 1903. 



i 1. Appropriates $20,000 for incidental ex- 
penses of the 43d General Assembly 
and to Secretary of State. 

I 2. How drawn. 

An Act to provide for the incidental expenses of the Forty-third 
General Assembly of the State of Illinois, and for the care and 
custody of the State House and grounds, to be incurred and now 
unprovided for. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of $20,000, or 
so much thereof as may be required, is hereby appropriated to pay 
the incidental expenses of the Forty-third General Assembly, or 
either branch thereof, or to be expended by the Secretary of State in 
the discharge of the duties imposed upon him by law, or by the 
direction of the General Assembly, or either branch thereof. All 
expenditures to be certified to by the Secretary of State and approved 
by the Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the sums 
herein specified upon presentation of proper vouchers, and the State 
Treasurer shall pay the same out of any funds in the State Treasury 
not otherwise appropriated. 

§ 3. Whereas, The appropriation above recited is necessary for 
the expenses incurred in the transaction of the business of the State 
and the Forty-third General Assembly, therefore, an emergency 
exists, and this act shall take effect from and after its passage. 

Approved January 27, 1903. 



GENERAL ASSEMBLY, 44th, AND STATE OFFICERS. 
I 1. For 41th G A. and salaries of State officers, $1,000, 000. Approved May 15, 1903. 

An Act making an appropriation for the payment of the officers 
and members of the next General Assembly, and for salaries of 
the officers of the State government. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated the sum of one million dollars ($1,000,000), or such 
sum as may be necessary, to pay the officers and members of the 
next General Assembly, and the salaries of the officers of the State 
government, at such rates of compensation as are now or hereafter 
may be fixed by law, until the expiration of the first fiscal quarter 
after the adjournment of the next regular session of the next General 
Assembly. 

Approved May 15, 1903. 



APPROPRIATIONS. 45 



ILLINOIS AND MICHIGAN CANAL. 

I 4. How drawn. 

I 5. Accounts kept and report required. 

Approved May 15. 1903. 



2 1. Maintenance of canal in navigable con 
dition, per annum, $50,000. 



I 2. Bridgeport pumping plant, $42,950. 
g 3. Dredging, $10,000. 

An Act making an appropriation for the maintenance and protec- 
tion of the Illinois and Michigan canal, and for the necessary and 
extraordinary expenses thereof. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That for the purpose of pro- 
viding means for maintaining the Illinois and Michigan canal in a 
navigable condition, there is hereby appropriated the sum of fifty 
thousand dollars per annum, to be paid to the treasurer of the Canal 
Commissioners, upon his receipting therefor. 

§ 2. For the maintenance and operation of the Bridgeport pump- 
ing plant, there is hereby appropriated the sum of forty-two thous- 
and nine hundred and fifty dollars. 

§ 3. For the purpose of dredging the steamboat channel and basin 
at LaSalle, there is hereby appropriated the sum of ten thousand 
dollars. 

§ 4. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant in favor of the Canal Commissioners 
for the said sums hereinabove appropriated upon the filing with said 
Auditor, certificate from said Canal Commissioners, showing that the 
respective amounts are needed for the purpose for which such appro- 
priations are respectively made in the progress of the work. 

§ 5. Said Board of Canal Commissioners shall keep an accurate 
account of the amount of each of said appropriations received by 
them, together with their disbursements and expenditures thereof, 
showing for what and how said sums were respectively expended; 
which said report shall accompany their annual report to the Gover- 
nor, and be made a part thereof. 

Approved May 15, 1903. 



I 1. For deficiency, $4,500. 
I 2. How drawn. 



LIVE STOCK COMMISSIONERS. 

i 3. Emergency. 
Approved May 15, 1903. 



An Act making an appropriation to provide for a deficiency in the 
ordinary and, contingent expenses of the State Board of Live 
Stock Commissioners. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of four 
thousand, five hundred dollars ($4,500,) or so much thereof as may 



46 APPROPRIATIONS. 



be needed, be, and is hereby, appropriated to meet a deficiency in 
the ordinary and contingent expenses of the State Board of Live 
Stock Commissioners, to-wit: 

Deficiency in the appropriation for paying damages for ani- 
mals diseased or exposed to contagion, slaughtered; for 
per diem and traveling expenses of assistant State veterin- 
arians and agents, and the expenses of the board and its 
officers incurred in making examinations of the same, or 
in making examinations of any animals supposed to be 
diseased, including any additional clerical help rendered 
necessary in the office of said board; for property neces- 
sarily destroyed or disinfection of premises when such 
disinfection if practicable under any law of this State for 
the suppression and prevention of contagious and infec- 
tious diseases among domestic animals, the sum of $3,500 

Deficiency in the appropriation for paying the traveling and 

incidental expenses of the commissioners and secretary . . 1 ,000 



Total $4,500 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrants for the above amounts upon the State Treasurer, 
upon vouchers certified by the Board of Live Stock Commissioners, 
and approved by the Governor. 

§ 3. Whereas, An emergency exists, therefore, this act shall take 
effect and be in force from and after its passage. 

Approved May 15, 1903. 

MONUMENTS-BICKERDYKE, MARY A. 

Preamble. I § 2. How drawn. 

2 1. Appropriates $5,000. I Approved May 15, 1903. 

An Act making an appropriation of five thousand (5,000) dollars 
for the erection of a suitable memorial to the memory of Mary A, 
Bickerdyke. 

Whereas, Mary A. Bickerdyke was, during the Civil War, a nurse, 
going to the front from the State of Illinois; and, 

Whereas, At her request she lies buried in this State; and, 

Whereas, Because of her loving care of the soldiers when they 
were sick or wounded or exhausted on the march, she was called by 
them "Mother Bickerkyke;" and, 

Whereas, A "Mother Bickerdyke Memorial Association" has been 
incorporated under the laws of this State for the purpose of erecting 
a suitable memorial to the memory of this friend of the soldier; 
therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of five thousand 



APPROPRIATIONS. 47 



dollars ($5,000) be, and is hereby, appropriated out of any money in 
the State Treasury not otherwise appropriated, for the erection of a 
suitable memorial to the memory of Mary A. Bickerdyke. 

§ 2. The "Mother Bickerdyke Memorial Association," a corpora- 
tion organized and existing under the laws of the State of Illinois, 
shall have charge and direction of the erection of such memorial, 
and the Auditor of Public Accounts is hereby authorized to draw 
his warrants upon the State Treasurer for the aforesaid sum of five 
thousand dollars ($5,000,) upon the order of said corporation, 
signed by [by] and attested by its secretary, and said order approved 
by the Governor. 

Approved May 15, 1903. 



MONUMENTS-SRILOH BATTLEFIELD. 

Preamble. I 3. Emergency. 

! 1. For dedication exercises. $5,000. Approved May 14. 1903. 

i 2. For compiling and publishing report, 
$1,000. 

An Act to provide for the dedication of the monuments erected by 
the State of Illinois on the Battlefield of Shiloh. 

Whereas, The State of Illinois has heretofore appropriated the 
sum of sixty-five thousand dollars to be expended in the erection of 
suitable monuments on the Battlefield of Shiloh; and, 

Whereas, These monuments and the work connected therewith is 
nearing completion; and, 

Whereas, No provision has been made in the acts heretofore 
passed for the dedication of said monuments; therefore, 



Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Illinois Shiloh 
Battlefield Commission is hereby authorized to expend from the un- 
expended balance of the sixty-five thousand dollars heretofore ap- 
propriated, such sum or sums as may be necessary for the purpose of 
dedicating the said monuments: Provided, such sum or sums shall 
not exceed five thousand dollars of said unexpended balance. 

§ 2. For the purpose of compiling and publishing a report of the 
commission, the sum of one thousand dollars, or so much as 
may be necessary, is hereby authorized to be expended out of such 
unexpended balance heretofore appropriated. 

§ 3. Whereas, Said commission will be ready to dedicate said 
monuments prior to July 1, 1903, therefore, an emergency exists, and 
this act shall be in force and take effect from and after its passage, 

Approved May 14, 1903. 



48 APPROPRIATIONS. 



MONUMENTS-VICKSBURG BATTLE GROUND. 



I 1. Purpose of appropriation recited. 

\ 2. Commissioners — appointment — com- 
pensation. 

I 3. Powers and duties of commission. 



I 4. Appropriates $150,000. 
g 5. How drawn. 
Approved May 14, 1903. 



An Act to provide for the erection of monuments and markers to 
commemorate the services and mark the positions of Illinois 
Volunteers in the campaign and siege of Vicksburg, Mississippi, 
and making appropriation therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That, for the purpose of 
commemorating the services and marking by appropriate monu- 
ments and markers the positions of the several commands of Illinois 
Volunteers that were engaged in the campaign and siege of Vicks- 
burg, Mississippi, in the National Military Park at that place, 
and also the services of those that were engaged therein but not 
actually in the siege lines, and to pay the actual expenses of the 
commissioners hereinafter created, the following provisions and ap- 
propriation in this act contained, are hereby enacted and made. 

§ 2. That, for carrying out the purposes of this act, the Governor 
shall appoint nine commissioners, to be known as the "Illinois- 
Vicksburg Military Park Commission," who shall have participated 
in said campaign and siege and were members of Illinois commands 
engaged therein, to whom no compensation for services shall be paid, 
but who shall receive their actual expenses incurred in the perform- 
ance of their duties, not exceeding in the aggregate the sum of nine 
thousand dollars to be paid out of said appropriation, and said com- 
missioners shall make full report to the Governor of their acts and 
doings hereunder. 

§ 8. The said commissioners are hereby authorized and em- 
powered to first make contracts for the construction, delivery and 
erection of appropriate monuments and markers for each regiment 
and battery and detachment, or other organization of Illinois Volun- 
teers that participated in said campaign and siege within the limits 
of said National Military Park upon the positions occupied by said 
several regiments, batteries, detachments or other organizations, to 
be made entirely of granite, and to be appropriately inscribed, and 
also for the construction, delivery and erection of similar monuments 
and markers upon a central site set apart or to be set apart for that 
purpose by the Secretary of War of the United States, appropriately 
inscribed to designate the commands that participated in said cam- 
paigD and siege but not actually in the siege lines; and second, to 
make a contract or contracts for the construction, delivery and 
erection of a State monument, to be located upon the site already 
set apart for that purpose by the Secretary of War of the United 
States within the limits of said National Military Park, as a memorial 
to all the soldiers and sailors of Illinois who participated in said 



APPROPRIATIONS. 49 



campaign and siege, the same to be of enduring stone and bronze, 
with all foundations and approaches, retaining walls, tablets, inscrip- 
tions and memorials, the total cost of all which monuments and 
markers and other materials and work connected with the construc- 
tion and erection thereof as herein provided for, together with the 
actual expenses of said commissioners, shall not exceed the sum 
of two hundred and fifty thousand dollars. 

§ 4. For the purpose of carrying out the provisions of this act, 
there is now hereby appropriated the sum of one hundred and fifty 
thousand dollars ($150,000) to be applied thereto, so far as the same 
will reach, to be paid out of money in the State treasury, not other- 
wise appropriated. 

§ 5. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the Treasurer, on the presentation 
of proper vouchers certified by said commission and approved by the 
Governor, for the payment of the cost of said monuments and mark- 
ers, and other material and work connected with the construction 
and erection thereof, to the extent of said appropriation hereby 
made, when the same shall be constructed, delivered and erected in 
the places to be designated by said commission, in accordance with 
the terms and provisions of such contract or contracts to be made 
hereunder, and also to pay the actual expenses of said commission- 
ers. 

Approved May 14, 1903. 



NATIONAL GUARD— ARMORY AT BLOOMINGTON. 



Preamble. 



2 1. Appropriates $10,000 for site and build- 
ing—deed to State. 



I 2. How drawn. 
Approved May 16, 1903. 



An Act making an appropriation for the purchase of a site and 
building for an armory for the organizations of the Illinois Na- 
tional Guard located at Bloomington, Illinois. 

Whereas, For over thirty years there has been one company, and 
for many years two companies representing the two branches of the 
State Militia, and for two years there have been three companies lo- 
cated in Bloomington, viz: Company D, 5th Infantry; Troop B, 1st 
Cavalry, and Company Gr, 8th Infantry; and, 

Whereas, Large sums of money have been paid annually out of 
the State Treasury for rent of armory and quarters for the organiza- 
tions of the Illinois National G-uard located at Bloomington, Illinois, 
and that the State of Illinois is liable at any time to lose its present 
armory and quarters, as it has in the past, and to find it difficult to 
secure new ones on account of business developments; and, 



50 APPROPRIATIONS. 



Whereas, The State of Illinois will never be able to procure in 
Bloomington, Illinois, an armory, for the use of the Illinois National 
Guard located in that city, as acceptable as the one now offered, 
which is a brick structure of imposing architecture, and when built 
was designed and constructed with a view to using it for an armory. 
It is located within two blocks of the square, on high ground and on 
a paved street; covers a lot 100x130 feet, having a drill space on the 
ground floor one hundred feet square, and is worth thirty thousand 
dollars ($30,000.) The citizens of Bloomington will donate this 
building and ground if the State will pay ten thousand dollars ($10,- 
000) on the purchase price, said deed to go to the State for armory 
purposes. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of ten thou- 
sand dollars ($10,000) is hereby appropriated for the purchase of a 
suitable site and building for an armory at Bloomington, Illinois, to be 
used by the organizations of the Illinois National Guard located at 
Bloomington, Illinois, or for any other State purpose, and said sum of 
ten thousand dollars ($10,000) shall not be expended until the State 
has received a deed conveying a good and clear title in fee simple to 
said property. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified, upon the 
presentation of proper vouchers, certified to by the Adjutant Gen- 
eral and approved by the Governor, and the Treasurer shall pay the 
same out of the money hereby appropriated. 

Approved May 16, 1903. 



NATIONAL GUARD-CAMP LINCOLN. 

g 1. For purposes enumerated, $3,600. I Approved May 16. 1903. 

§ 2. How drawn. i 

An Act to provide for improvements for the Illinois National 
Guard and Naval Militia at Camp Lincoln. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of thirty-six 
hundred dollars ($3,600,) or so much thereof as may be necessary, is 
hereby appropriated to pay for the following named necessary im- 
provements at Camp Lincoln, viz: 

Target butts and pit $2,000 

Roads and sewage 1,000 

Closet for men and connections 600 



$3,600 

§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rector [directed] to draw his warrant for the sum herein specified, upon 



APPROPRIATIONS. 51 



the presentation of proper vouchers, oertified to by the Adjutant Gen- 
eral and approved by the Governor, and the Treasurer shall pay the 

same out of the money hereby appropriated. 
Approved May 16, 1903. 



NATIONAL GUARD-FIRST REGIMENT. 

§ 1. For property turned over to State, $880. I Approved May 15, 1903. 
\ 2. How drawn. 

An Act appropriating eight hundred and eighty dollars ($880) to 
reimburse the First Infantry Illinois National Guard, for property 
turned over by said regiment to the State of Illinois at the time when 
said regiment was mustered into the service of the United States 
during the Spanish- American War. 

Section 1. Be it enacted by the People of the State of Illinois » 
represented in the General Assembly: That the sum of eight hun- 
dred and eighty dollars ($880) is hereby appropriated to reimburse 
the First Infantry Illinois National Guard for property turned over 
by said regiment to the State of Illinois, the said property being the 
following: 

12 bugles, at $4.50 . .... $ 54 

12 drums, at $18 216 

8 field desks 25 

13 Buzzacott cooking ranges, at $45 585 

Total $880 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for the aforesaid 
sum of money in favor of the colonel commanding said regiment for 
the use of said regiment, and the State Treasurer is hereby author- 
ized to pay the same out of any money in the State treasury not 
otherwise appropriated. 

Approved May 15, 1903. 

NATIONAL GUARD-LOGAN RIFLE RANGE. 

1 1. For improvements of Logan Rifle Approved May 16. 1903. 

Range, $3,225. 

2 2. How drawn. 

An Act to provide for certain repairs and improvements at the 

Logan rifle range. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of three thou- 
sand two hundred twenty-five dollars ($3,225) , or so much thereof as 
may be necessary, is hereby appropriated for the purpose of grading, 
bridging,painting and other necessary repairs at the Logan rifle range. 



52 APPBOPRIATIONS. 



§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified, upon the 
presentation of proper vouchers, certified to by the Adjutant General 
and approved by the Governor, and the Treasurer shall pay the same 
out of the money hereby appropriated. 

Approved May 16, 1903. 



NATIONAL GUARD— ORDINARY AND CONTINGENT EXPENSES. 

I 2. How drawn. 
Approved May 15, 1903. 



I 1. For ordinary and contingent expenses, 
per annum, $316,164; emergency fund. 
$50,000. 



An Act to provide for the ordinary and contingent expenses of the 
Illinois National Guard and the Naval Militia of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of three hun- 
dred sixteen thousand, one hundred sixty-four dollars ($316,164) per 
annum, or so much thereof as may be necessary, is hereby appro- 
priated to pay the ordinary and contingent expenses of the Illinois 
National Guard and Naval Militia of Illinois, 

Transportation, subsistence, camp pay, horse hire and 

forage $ 151,717 21 

Medical supplies, rent of ground back of rifle range, 
fuel for camp, coal for steaming Dorothea tugs 
(naval militia) , naval supplies, ship's chandlery, naval 
supplies, general expense, engine room repairs, sup- 
plies and civilian employes 7,885 00 

Inspection of companies at home stations, boards of ex- 
amination survey, court martial, target practice, am- 
munition, transportation, etc 27,500 00 

Lighting camp, laundering bed-sacks, ice, telephone, 
transferring equipage, rations enroute, repairs on 
ovens, cooking utensils, water supply, closets, baths, 
civilian employes, carpenter repairs, lumber, rakes, 
brooms and incidentals 12,805 00 

Armory rents, water, light, fuel, janitor service, etc 110,000 00 

Miscellaneous expenditures during the year 6,256 79 



Total. $ 316,164 00 

That the further sum of fifty thousand dollars ($50,000) is hereby 
appropriated as an emergency fund to be used by the Governor in 
cases of emergency when the Illinois National Guard or Naval 
Militia of Illinois are called into active duty by the Governor to 
protect the life and property of the citizens of the State. No por- 
tion of said sum to be expended or paid except upon the express 
order of the Governor. 

§ 2, The Auditor of Public Accounts is hereby authorized and 



APPROPRIATIONS. 53 



directed to draw his warrant for the sum herein specified, upon the 
presentation of proper vouchers, certified to by the Adjutant General 
and approved by the Governor, and the Treasurer shall pay the 
same out of the money hereby appropriated. 

Approved May 15, 1903. 



NATIONAL GUARD-PURCHASE OF BLANKETS AND TENTS. 



1 l. For tents, blankets, uniforms, etc. 

$150, 000. 
\ 2. How drawn. 



Approved May 16, 1903. 



An Act to provide for the purchase of uniforms, blankets and tents 
for the Illinois National Guard and the Naval Militia of 
Illinois. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of one hun- 
dred and fifty thousand dollars ($150,000), or so much thereof as 
may be necessary, is hereby appropriated to pay for the manufac- 
ture and purchase of eight thousand dress and eight thousand 
(8,000) field service (kahki) uniforms and overcoats, leggins, 
blankets and tents for the Illinois National Guard and the Naval 
Militia of Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified, upon the 
presentation of proper vouchers, certified to by the Adjutant General 
and approved by the Governor, and the Treasurer shall pay the 
same out of the money hereby appropriated. 

Approved May 16, 1903. 



PENAL AND REFORMATORY-HOME FOR JUVENILE OFFENDERS. 

I 1. Conveying offenders to Home— defi- Approved May 15, 1903. 

ciency, $3,500. 
§ 2. Emergency. 

An Act making an appropriation to provide for a deficiency to pay 
for conveying female offenders to the State Home for Juvenile Fe- 
male Offenders. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the sum of three thou- 
sand five hundred dollars ($3,500) , or so much thereof as may be 
necessary, be, and is hereby , appropriated to meet a deficiency for 
conveying female offenders to the State Home for Juvenile Offenders 
to July 1, 1903, to be ascertained and paid in the same manner as 
for conveying convicts to the penitentiary. 



54 APPROPRIATIONS. 



§ 2. Whereas, An emergency exists; therefore, this act shall 
take effect and be in force from and after its passage. 

Approved May 15, 1903. 



penal and reformatory-southern penitentiary. 



1. Ordinary expenses for year ending 
June 30. 1904, $90,000— same for year 
ending June 30. 1905, $200.000— other 
expenses, $50,500. 



§ 2. How drawn. 
Aproved May 16, 1902. 



An Act making an appropriation for the Southern Illinois Peniten- 
tiary, and to enable the commissioners thereof to keep the convicts 
in said penitentiary employed. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the following amounts, 
or so much thereof as may be necessary, be, and the same are, hereby 
appropriated to the Southern Illinois Penitentiary for purposes here- 
inafter named, and no other: For ordinary expenses for the year 
ending June 30, 1904, the sum of $90,000. For ordinary expenses 
for the year ending June 30, 1905, the sum of $200,000, and to en- 
able the commissioners to keep profitably employed in accordance 
with law, the convicts of said penitentiary, and the commissioners 
are hereby authorized to expend so much of the amount hereby ap- 
propriated as may be necessary to keep employed, as nearly as may 
be, all prisoners who are now, or may hereafter become idle, but in 
accordance with law. 

For repairs and refurnishing, $5,000 per annum $10,000 

For contingent expenses, $5,000 per annum 10,000 

For maintaining library and furnishing chapel, $250 per an- 
num 500 

For expense in enforcing parole law, $2,500 per annum 5,000 

For purchasing team 1,000 

For erection of a small ice plant 3,000 

For purchase of 112 acres of land adjoining prison farm and 

clay fields 6,000 

For erecting and equipping a prison hospital 15,000 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant upon the State Treasurer for the moneys herein appro- 
priated, in such sums and at such times as the same may be required, 
upon the order of the board of commissioners of said penitentiary, 
signed by the president and attested by the secretary, with the seal 
of the institution, and the approval of the Governor thereto attached. 

Approved May 16, 1903. 



APPROPRIATIONS. 55 



PENAL AND REFORMATORY-STATE PENITENTIARY. 



§ 1. Appropriates sums named for pur- Approved May 16, 1903. 

poses enumerated. 
2 2. How drawn. 

An Act to make appropriations for ordinary and other expenses 
of the Illinois State Penitentiary at Joliet. 

Section 1. Be it enacted by the People of the State oj. Illinois, 
represented in the General Assembly: That the following amounts, 
or so much thereof as may be necessary , be, and the same are hereby 
appropriated to the Illinois State Penitentiary at Joliet, for the pur- 
poses hereinafter named and no other: 

For ordinary expenses for the vear ending June 30, 1904, the 

sum of ". $150,000 

For ordinary expenses for the year ending June 30, 1905, the 

sum of 240,000 

For meeting the expenses of maintaining and operating the 

parole system, the sum of $7,000 per annum 14,000 

For painting,relaying floors, repairs, renewing roofs and walls 
of buildings renewing and rebuilding steam and water 
pipes, engines, boilers and machinery, and to make such 
other repairs and renewals as may be required to keep said 
prison plant in ordinary repair, the sum of $25,000 per 

annum , 50,000 

For equipping new dining room and kitchen with necessary 

fixtures and cooking utensils, the sum of 5,000 

For new roof on west cell house, the sum of 18,000 

For new heating plants in shops, the sum of 5,000 

For replacing sidewalks in the yard, the sum of 2,500 

For the purpose of carrying on manufacturing, and for the 
purchase of materials as provided for by the anti-convict 
labor act, the sum of $100,000 per annum 200,000 

The Auditor of Public Accounts is hereby authorized to draw his 
warrant upon the State Treasurer for the moneys hereinbefore ap- 
propriated, upon the order of the board of commissioners of said 
penitentiary, signed by the president and attested by the secretary, 
with the seal of the institution attached, and approved by the Gov- 
ernor. 

Approved May 16, 1903. 



56 APPROPRIATIONS. 



PENAL AND REFORMATORY-STATE REFORMATORY. 



I 1. Appropriates for items enumerated, Approved May 16, 1903. 

$382,200. 
g 2. How drawn. 

An Act making appropriations for the Illinois State Reformatory 
at Pontiac for the two years beginning July,[l,] 1903, and ending 
July 1, 1905. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following sums be, 
and the same are hereby, appropriated for the purposes herein named, 
payable according to law. 

For ordinary expenses, $160,000 per annum $320,000 

For discharge, parole and return of prisoners, $15,000 per 

annum 80,000 

For repairs and improvements, $5,000 per annum 10,000 

For equipment and maintenance of trade schools. $8,000 per 

annum 10,000 

For material for trade school instruction, $5,000 per annum. . 10,000 
For maintenance of electric light plant, telephone, telegraph 

and fire alarm system, $2,000 per annum 4,000 

For school books for inmates, $750 per annum 1,500 

For school seats, maps, desks and charts, $750 per annum. . . 1,500 

For extension and equipment of library, $1,000 per annum . 2,000 
For teams, cows and additional farm machinery, $1,000 per 

annum 2,000 

For lectures, entertainments, concerts and amusements for 

inmates, $600 per annum 1,200 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrants on the State Treasurer for the moneys hereinbe- 
fore appropriated upon the order of the board of managers of said 
reformatory, signed by the president and attested by its secretary, 
with the seal of said reformatory attached, and approved by the Gov- 
ernor. 

Approved May 16, 1903. 



APPROPRIATIONS. 57 



PENAL AND REFORM ATORY-STATE REFORMATORY-FIRE LOSS. 



Preamble. 

2 1. Appropriates $75,000. 

i 2. How drawn. 



I 3. Emergency. 
Approved May 15. 1903. 



An Act making an appropriation to repair the north cell house of the 
Illinois State Reformatory, partly destroyed and damaged by fire 
on the 8th day of May, 1902, and also to repair the main building 
of said Reformatory, damaged by fire on the 30th day of October, 
1902. 

Whereas, On the 8th day of May, 1902, a fire broke out at the Illi- 
nois State Reformatory, at Pontiac, badly damaging and partly de- 
stroying the north cell house used for the confinement of the inmates 
of said reformatory; and, 

Whereas, The said buildings are indispensible to the well being 
of said institution, as well as to the proper control and custody of 
the inmates thereof, and the repair and improvement of same on ac- 
count of said losses by fire are pressing necessities for said institu- 
tion; and, 

Whereas, The sum necessary to repair the loss occasioned by said 
fires and make the needed improvements on said building, amount in 
the aggregate to seventy-five thousand dollars; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of seventy-five 
thousand dollars ($75,000) be appropriated out of the funds in the 
treasury not otherwise appropriated, for the purpose of repairing the 
loss and making the improvements on said buildings necessary on 
account of said fires. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrants on the State Treasurer for the money hereinbefore ap- 
propriated, upon the order of the board of managers of said reforma- 
tory, signed by the president and attested by the secretary, with the 
seal of said reformatory attached, and approved by the Governor. 

§ 3. Whereas, An emergency exists, therefore, this act shall be 
in force and take effect from and after its passage. 

Approved May 15, 1903. 



58 APPROPRIATIONS. 



§ 1. For expenses of annual meetings, per 
annum, $1,000. 



§ 2. Officers to receive no salary for ser 
vices. 



POULTRY ASSOCIATION. 

§ 3. How drawn. 

? 4. Duty of treasurer of association. 

Approved May 15, 1903. 



An Act making an appropriation for the Illinois State Poultry 

Association. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of one thousand 
dollars ($1,000) per annum for the years 1903 and 1904, be, and is 
hereby, appropriated out of any money in the State Treasury not 
otherwise appropriated, for the use and benefit of the Illinois State 
Poultry Association, said amount to be used for the purpose of pay- 
ing premiums, providing uniform coops and defraying the expenses 
incurred in holding annual meetings, and for such other purposes as 
in the judgment of this association shall best subserve the poultry 
interests of the State of Illinois. 

§ 2. No officer or officers of the Illinois State Poultry Association 
shall be entitled to or receive any moneyed compensation whatever 
for any service rendered for the same. 

§ 3. The Auditor of Public Accounts is hereby authorized to draw 
his warrant for the same and deliver it to the treasurer of the Illinois 
State Poultry Association; upon his presenting proper itemized re- 
ceipts therefor, certified to by the president and secretary of said as- 
sociation under seal of such corporation. 

§ 4. It shall be the duty of the treasurer of the Illinois State 
Poultry Association to pay out of said appropriation on itemized and 
receipted vouchers, such sums as may be authorized by vote of said 
organization on the order of the president, countersigned by the sec- 
retary, and make annual report to the Governor of all expenditures 
as provided by law. 

Approved May 15, 1903. 



SCHOOLS AND UNIVERSITIES-EASTERN NORMAL. 



I 3. How drawn. 
Approved May 15, 1903. 



§ 1. Appropriates $48,000, ordinary expenses 
for year beginning: July 1, 1903. 

I 2. Appropriates $48,000, ordinary expenses 
for year beginning July 1, 1904. 

An Act making appropriation for the ordinary expenses of the 
Eastern Illinois State Normal School. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is here- 
by, appropriated for the purpose of defraying the ordinary expenses 



APPROPRIATIONS. 59 



of the Eastern Illinois State Normal School for the year beginning 
July 1, 1908, the sum of 48,000, payable quarterly in advance. 

§ 2. For the purpose of defraying the ordinary expenses of the 
said Eastern Illinois State Normal School for the year beginning 
July 1, 1904, the sum of $48,000, payable quarterly in advance, and 
at the same rate thereafter until the expiration of the first fiscal 
quarter after the adjournment of the next General Assembly. 

§ 3. The Auditor of Public Accounts is hereby authorized and 
required to draw up his warrant upon the State Treasurer for the 
said sums appropriated for the ordinary expenses quarterly as afore- 
said, upon the order of the trustees of said institution, signed by the 
president and attested by the secretary with the corporate seal 
thereto attached : Provided, satisfactory vouchers in detail, approved 
by the Governor, shall be filed quarterly with the said Auditor of 
Public Accounts for all expenses of the preceding quarter, and no 
part of the money hereby appropriated shall be due and payable 
until such vouchers have been filed. 

Approved May 15, 1903. 



SCHOOLS AND UNIVERSITIES-EASTERN NORMAL. 
I 1. For items enumerated, $43,000. I Approved May 16, 1903. 

I 2. How drawn. 

An Act making appropriation for the Eastern Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the following sum be, 
and are hereby appropriated to the Eastern Illinois State Normal 
School for the purposes herein stated for the two years beginning 
July 1, 1903, the sum of $43,000 as follows: 

For improving grounds, $3,000 per annum $6,000 

For library, $3,000 per annum 6,000 

For furniture 1,000 

For laboratory 4,000 

For forestry extension 1,000 

*For building and furnishing gymnasium 25,000 

Total $43,000 

§ 2. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrants upon the State Treasurer for the afore- 
said sum of money upon the order of the board of trustees of said 
Eastern Illinois State Normal School, signed by the president and 
attested by the secretary of said board, and the corporate seal of said 
institution attached and approved by the Governor. 

Approved May 16, 1903. 



60 APPROPRIATIONS. 



*I hereby certify that the foregoing act, as printed above, is a correct copy of Senate Bill 
No. 34, as enrolled and submitted to the Governor for his approval. The item marked with 
a star, to wit: "For building and furnishing gymnasium, $25,000" was vetoed by the Gov- 
ernor and the remaining items approved, by which action the total appropriation for the 
Eastern Illinois State Normal School for the purposes stated in this act is reduced from 
$13,000, as printed above, to $18,000. 

Jambs A. Rose, 
Secretary of State. 



SCHOOLS AND UNIVERSITIES-NORTHERN NORMAL. 

§ 2. How drawn. 



I 1. For ordinary expenses, $49,000 per an 
num. 



Approved May 15. 1903. 



An Act to appropriate money for the ordinary expenses of the 
Northern Illinois State Normal School, DeKalb. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated for the purpose of defraying the ordinary expenses of 
the Northern Illinois State Normal School for the two years begin- 
ning July 1, 1903, the sum of forty-nine thousand dollars per annum, 
payable quarterly in advanoe. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the State Treasurer for the said 
sums appropriated for the ordinary expenses quarterly, as aforesaid, 
upon the order of the trustees of the said institution, signed by the 
president and attested by the secretary, with the corporate seal at- 
tached: Provided, satisfactory Touchers in detail, approved by the 
Governor, shall be filed quarterly with the said Auditor of Public 
Accounts, for all expenses of the preceding quarter, and no part of 
the money hereby appropriated shall be due and payable until such 
Touchers have been filed, 

Approved May 15, 1903. 



SCHOOLS AND UNIVERSITIES-NORTHERN NORMAL. 

§ 1. For items enumerated, $29,717. I Approved May 16, 1903. 

§ 2. How drawn. I 

An Act making appropriation to the Northern Illinois State 
Normal School, DeKalb. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following sums be, 
and are hereby, appropriated to the Northern Illinois Normal School, 



APPROPRIATIONS. 61 



DeKalb, for the purposes herein stated, one-half of the entire amount 
being due and payable on July 1, 1903, and the remaining part on 
July 1, 1904: 

For building pavement $9,600 

*For building cement walks - 1,952 

For building septic tank and sewer 1,300 

*For planting and guaranteeing 800 trees 2,000 

For building iron fence 940 

For building woven wire fence 325 

For excavation and fills 6,500 

For repairs of roof 1,000 

*For plant house for agriculture and horticulture -, 4,000 

For superintendence 600 

For bridge on south side of grounds 1,500 

Total $29,717 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrants upon the State Treasurer for the afore- 
said sum of money upon the order of the board of trustees of said 
educational institution herein named, signed by the president and 
attested by the secretary of said board, with the corporate seal of 
said institution attached, and approved by the Governor. 

Approved May 16, 1903. 

* I hereby certify that the foregoing act, as printed above, is a correct copy of House Bill 
No. 305, as enrolled and submitted to the Governor for his approval. The items marked with 
a star, to-wit: "for building cement walks, $1,952;" "for planting and guaranteeing 800 
trees, $2,000;" "for plant house for agriculture and horticulture, $4,000," were vetoed by the 
Governor and the remaining items approved, by which action the total appropriation for the 
Northern Illinois State Normal School, for the purposes stated in this act, is reduced from 
$29, 717, as printed above, to $21, 765. 

James A. Rose, 

Secretary of State. 



SCHOOLS AND UNIVERSITIES-SOUTHERN NORMAL. 

I 1. Library and museum, $25,000- I 2 3. How drawn. 

§ 2. Construction and location of building. I Approved May 15, 1903. 

An Act to make an appropriation to construct and furnish a build- 
ing for a library and museum at the Southern Illinois Normal 
University at Carbondale, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 



62 APPROPRIATIONS. 



appropriated the sum of $25 ,000 for the purpose of erecting and fur- 
nishing a suitable building for a library and museum at the Southern 
Illinois Normal University at Carbondale, Illinois. 

§ 2. Said building shall be constructed at such place on the prop- 
erty of the said university, as the trustees thereof may select, and 
under the direction and supervision of said trustees. 

§ 3. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant or warrants on the State Treasurer for 
the sum herein appropriated, upon the order of the board of trustees 
of the Southern Illinois Normal University, countersigned by the 
secretary of said board, with the seal of said university. 

Approved May 15, 1903. 



SCHOOLS AND UNIVERSITIES-SOUTHERN NORMAL. 



§ 1. Appropriates one-half of interest on 
college and seminary fund and $42,- 
500 per annnm. 



2 2. How drawn. 
Approved May 15. 1903. 



An Act to make an appropriation for the ordinary expenses of the 
Southern Illinois Normal University at Carbondale, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be, and there is 
hereby, appropriated to the Southern Illinois Normal University at 
Carbondale, in addition to one-half the interest on the college and 
seminary fund, which is hereby appropriated, the further sum of 
forty-two thousand five hundred dollars ($42,500) per annum, pay- 
able quarterly in advance, for the payment of salaries, for fuel, lights, 
repairs, library, apparatus, museum, salaries of engineer and janitor, 
printing and advertising, trustees expenses, care of grounds and for 
gymnasium. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the State Treasurer for said sum 
appropriated for the ordinary expenses, quarterly as aforesaid, upon 
the order of the trustees of said Southern Illinois Normal University, 
signed by the president and attested by the secretary, with the corpo- 
rate seal thereto attached: Provided, that satisfactory vouchers in 
detail, approved by the Governor, shall be filed quarterly with the 
said Auditor of Public Accounts for all expenses of the preceding 
quarter, and no part of the money hereby appropriated shall be due 
and payable until such vouchers have been filed. 

Approved May 15, 1903. 



APPROPRIATIONS. 63 



SCHOOLS AND UNIVERSITIES-STATE NORMAL. 



§ 2. How drawn. 
Approved May 16. 1903. 



I 1. Appropriates one-half of interest of 
college and seminary fund; salaries, 
repairs and other items enumerated, 
per annum, $18,506.11; additional 
equipment, apparatus, etc., $13,000. 

An Act to make an appropriation for the ordinary expenses of the 
Illinois State Normal Uuiversity, at Normal, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be, and hereby is 
appropriated to the Illinois State Normal University, in addition to 
the one-half interest of the College and Seminary Fund, which is 
hereby appropriated the further sum of forty-eight thousand, five 
hundred, six and 44-100 ($48,506.44) dollars per annum, payable 
quarterly in advance, for the payment of salaries, for the expenses of 
the Board of Education, for ordinary repairs on buildings and heat- 
ing plants, for the purchase of fuel, for additions to the library, for 
sohool apparatus, for furniture, for laboratory supplies, for care of the 
grounds and for incidental expenses. 

For additional equipment, apparatus, improvement of grounds and 
extraordinary repairs thirteen thousand (13,000) dollars for the year 
beginning July 1, 1903, as follows: 

*For greenhouse and school garden $5,500 

For painting buildings -r 2,450 

For improvement of grounds 2,000 

For completion of gymnasium 2,000 

For blackboards, desks 425 

For rebuilding south wall of Model School 325 

For manual training equipment 300 



Total $13,000 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the Treasurer for the aforsaid sum 
of money, upon the order of the Board of Education of the State of 
Illinois, signed by the President and attested by the Secretary of the 
said Board, with corporate seal of said Institution: Provided, that 
satisfactory vouchers in detail, approved by the Governor, shall be 
filed quarterly with the Auditor of Public Accounts for the expendi- 
tures ordinary and extraordinary of the preceding quarter, and that 
no part of the money herein appropriated shall be due and payable 
until such vouchers shall have been filed. 

Approved May 16, 1903. 

*l hereby certify that the foregoing act, as printed above, is a correct copy of House Bill 
No. 89, as enrolled and submitted toitbe Governor for his approval. The item marked with a 
star, to-wit: "For greenhouse and school garden, $5,500," was vetoed by the Governor and 
the remaining items approved, by which action the total appropriation for additional equip- 
ment, apparatus, improvement of grounds and extraordinary repairs for the year beginning 
July l, 1903 is reduced from $13,000, as printed above, to $7,600. 

James A. Rose, 

Secretary of State, 



64 APPBOPRIATIONS. 



SCHOOLS AND UNIVERSITIES-WESTERN NORMAL. 

I 1. Appropriates $27,025 for purposes I I 2. How drawn. 

stated - I Approved May 15, 1903. 

An Act making an appropriation for the Western Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the sum of twenty, 
seven thousand and twenty-five dollars ($27,025) be, and the same is, 
hereby appropriated to the Western Illinois State Normal School, 
for the purposes herein stated, for the two years beginning July 1, 
1903. 

For improvement of grounds, $5,000 per annum $10,000 

For seating assembly hall and additional rooms 3,600 

For books for library, $2,000 per annum 4,000 

For apparatus for biological laboratory 1,500 

For apparatus for physical and chemical laboratories' 1,500 

For models and materials for drawing department 300 

For apparatus for gymnasium 500 

For carpeting for platform 100 

For maps and charts 200 

For song books 150 

For teachers' desks 225 

For piano and music department 300 

For seating for furnishing society halls 800* 

For apparatus for manual training department 900 • 

For repairs 500 

For painting rear of building and power house 450 

For additional furniture and furnishings 2,000 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrants on the Treasurer for the foregoing 
sums of money on the order of the board of trustees of said institu- 
tion, signed by its president, attested by its secretary, with corporate 
seal attached, and with the approval of the Governor: Provided, that 
no part of this appropriation shall be due and payable until an ac- 
count in detail, sustained by vouchers, shall be filed with the Auditor, 
showing to his satisfaction all previous expenditures of appropria- 
tions heretofore made for said institution. 

Approved May 15, 1903. 



APPROPRIATIONS. 65 



SCHOOLS AND UNIVERSITIES-WESTERN NORMAL-ORDINARY EXPENSES. 

2 1. Ordinary expenses, for two years be- I \ 2. How drawn. 

Sinnin* July 1. 1903. $22,690. | Approyed May ^ im 

An Act making an appropriation to defray the ordinary expenses of 
the Western Illinois State Normal School. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby 
appropriated to the Western Illinois State Normal School the sum 
of thirty- seven thousand and seventy dollars ($37,070) per annum, 
payable quarterly in advance, to defray the ordinary expenses of said 
institution, for the two years beginning July 1, 1903, which sum 
shall be apportioned as follows: 

For salaries of principals and teachers $ 22,690 

For salaries of 4 additional teachers 3,700 

For salaries of engineer, fireman and janitors 2,710- 

For fuel and light 2,000 

For lectures 300 

For catalogues, printing and stationery 1,000 

For expenses of trustees 1 ,000 

For expenses of trustees 500 

For contingent expenses 1,000 

For stenographer 480 

For postage, express and freight 300 

For telephone 60 

For commencement 130 

For supplies, steam heating plant 200 

For miscellaneous supplies, paper, ink, etc 500 

For Registrar's services from date of appointment to July 1, 

1901 ! 500- 

Total $ 37,070 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant on the Treasurer for the foregoing 
sums of money, on the order of the board of trustees, signed by the 
president and attested by the secretary of said board, with corporate 
seal attached; Provided, that satisfactory vouchers in detail, ap- 
proved by the Governor, shall be filed quarterly with the Auditor of 
Public Accounts, for the ordinary expenses of the preceding quarter, 
and that no part of the money appropriated hereby, shall be due and 
payable until such vouchers shall be filed. 

Approved May 15, 1903. 
—5 



66 



APPROPRIATIONS. 



SCHOOLS AND UNIVERSITIES-UNIVERSITY OF ILLINOIS. 



I 1. 



Appropriates interest on congressional 
endowment fund to July 1, 1905. 



1 2. How drawn. 
Approved May 15, 1903. 



An Act appropriating to the University of Illinois the money 
granted in an act of Congress, approved August 30, 1890, entitled 
"An act to apply a portion of the proceeds of the public lands to 
the more perfect endowment and support of the colleges for the 
benefit of agriculture and the mechanic arts, established under the 
provisions of an act of Congress, approved July 2, 1862J'' 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the sum or sums of 
money which may have accrued, or may hereafter, before the first 
day of July, 1905, accrue to the State of Illinois under the provisions 
of an act of the Congress of the United States, approved August 30, 
1890, entitled, "An act to apply a portion of the proceeds of public 
lands to the more perfect endowment and support of the colleges for the 
benefit of agriculture and the mechanic arts, established under the 
provisions of an act of Congress, approved July 2, 1862," are hereby 
appropriated to the University of Illinois, and whenever any portion 
of the said money shall be received by the State Treasurer it shall 
immediately be due and payable into the treasury of said university. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the treasurer for the sums hereby 
appropriated, upon the order of the chairman of the board of trustees 
of said university, countersigned by its secretary and with the cor- 
porate seal of the said university. 

Approved May 15, 1903. 



SCHOOLS AND UNIVERSITIES-UNIVERSITY OF ILLINOIS. 



1. Salaries and! ordinary expenses, per 
annum, $250,000; other items enu- 
merated, per annum, $128,200. 



I 2. Additions to plant, $100 000. 
§ 3. How drawn. 
Approved May 16, 1903. 



An Act making appropriations for the University of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated to the University of Illinois, for the payment of salaries, 
for the care of buildings and grounds, and for ordinary operating 
expenses the sum of two hundred and fifty thousand (250,000) dollars 
per annum. 

For materials for shop practice, the sum of three thousand (3,000) 
dollars per annum. 

For increase of scientific cabinets and collections, two thousand 
(2,000) dollars per annum. 



APPROPRIATIONS. 67 



, For additions to the library, twenty thousand (20,000) dollars per 
annum. 

For additions to apparatus and appliances, three thousand (3,000) 
dollars per annum. 

For fire protection, fifteen hundred (1,500) dollars per annum. 

For laying pavements and walks, five thousand (5,000) dollars per 
annum. 

f For maintenance of vaccine laboratory, fifteen hundred (1,500) 
dollars per annum. 

For maintenance and extension of engineering equipment, seventy- 
five thousand (75,000) dollars per annum. 

For painting and repairs on building and improvements to grounds, 
five thousand (5,000) dollars per annum. 

For carrying on State water analysis, four thousand (4,000) dol- 
lars per annum. 

For draining, fencing and repairs on experimental farms, five 
thousand (5,000) dollars per annum. 

For maintenance of the department of social and political science, 
and industrial economics, seven thousand two hundred (7,200) dol- 
lars per "annum. 

For the maintenance of the school of music, three thousand (3,000) 
dollars per annum. 

For providing additional teachers in the College of Agriculture, 
and also to enable the college to meet the demands for instruction at 
the farmers' institutes, six thousand dollars ($6,000) per annum. 

§ 2. That there be, and is hereby, appropriated to the University 
of Illinois, the following sums for additions to the plant: 

For furnishing and equipping the new chemical laboratory, ten 
thousand (10,000) dollars. 

For an additional well and equipment at the water station, two 
thousand (2,000) dollars. 

For a telephone exohange system between university buildings, 
three thousand (3,000) dollars. 

For furnishing and equipping the law building, two thousand five 
hundred (2,500) dollars. 

For laying a new floor in the armory, two thousand five hundred 
(2,500) dollars. 

For a woman's building, eighty thousand (80,000) dollars. 

§ 3. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums hereby 
appropriated, payable out of any money in the treasury not other- 
wise appropriated, upon the order of the board of trustees of said 
university, attested by its secretary and with the corporate seal of 
the university: Provided, that no part of said sum shall be due and 



68 



APPROPRIATIONS. 



payable to said university until satisfactory vouchers in detail, ap- 
proved by the Governor, shall be filed with the Auditor for all pre- 
vious expenditures incurred by the university, on account of the 
appropriations hitherto made: And, provided further, that vouchers 
shall be taken in duplicates, and original and duplicate vouchers 
shall be forwarded to the Auditor of Public Accounts, for the ex- 
penditure of the sums appropriated in this act. 

Approved May 16, 1903: 



STATE GOVERNMENT-GENERAL EXPENSES. 



i 1. Makes appropriations for ordinary and 
contingent expenses, as follows: 

1. Governor— Contingent fund, 

$5,000 per annum. 

2. Secretary, stenographer, etc., 

$10,000 per annum. 

3. Postage, telegraphing, express, 

etc., $5,000 per annum. 

4. Executive mansion, $6,000 per 

annum. 

6. Lieutenant Governor — Inci- 

dentals, $250 per annum. 

7. Secretary of State— Clerks, 

stenographers, janitors, police, 
porters, messengers and other 
employes, and postage, ex- 
pressage, repairs, care of Cap- 
itol, etc., $104,240 per annum. 

8. Fuel, repairs, heating and light 

plant, $14,500 per annum. 

9. Supreme Court reports, the sum 

required by law. 
Flags. $200. 
State library, employe's and 

books, $4,500 per annum. 
Building heating plant, new 

boilers and dynamo, heating 

and lighting armory, $55,500. 
Copying laws, etc., expressage, 

postage, etc., $300 and $1,200 

per annum. 



10. 
11. 



12. 



13. 



14. State Contracts Commission- 

ers— Printing, paper, etc., for 
use of General Assembly and 
executive departments, $23,000 
per annum. 

15. Printing and binding, $55,000 and 

$12,000 per annum. 

16. Auditor of Public Accounts 

—Clerks, stenographer, mess- 
engers, janitors and other em- 
ploye's, and for postage, ex- 
pressage, etc., $18,340 per an- 
num. 



17. Conveying female offenders, 

$4,000 per annum. 

18. Costs and expenses of State 

suits, $500 per annum. 

19. Conveying convicts, etc., $20,000 

per annum. 

20. Fugitives from justice, $2,000 

and $1,200 per annum. 

21. Conveying offenders to reform- 

atory, etc., $15,000 per annum. 

22. State Board of Equalization 

—Expenses, $10,000 per annum. 

23. State Treasurer — Clerks, 

watchmen and other employe's, 
collection of inheritance tax, 
repairs, express, postage and 
other incidentals, $19,700 per 
annum. 

24. Necessary amount to refund 

taxes collected in error. 

25. Attorney General — Assist- 

ants, clerks, messenger and 
porter, official duties required 
by law, telegraphing, postage, 
etc., $30,120 per annum. 

26. Superintendent of Public In- 

struction— Assistants, clerks 
and other employe's, postage, 
express, etc., repairs ,$457 and 
$9,820 per annum. 

27. Interest on distributable fund, 

$57,000 per annum. 

28. Distributable school fund , $1,000- 

000 per annum. 

29. Adjutant General— Assistant, 

clerks and other employe's in 
office, camps, memorial hall, 
arsenal.etc, $10,640 per annum. 

30. Board Public Charities— Sec- 

retary's salary and miscella- 
neous expenses. $11,500 per an- 
num. 



APPROPRIATIONS. 



69 



31. Supreme Court— Expenses, li- 

brarian, reporter, janitors, fur- 
nishing and equipping: office 
of clerk. $7,000 and $11,320 per 
annum. 

32. Appellate Courts— Office rent. 

library, furniture, fuel, sta- 
tionery and other necessary 
expenses, repairs, etc., $7,100 
and $27,210 per annum. 

33. Museum Natural History— 

Curator, assistant, janitor, 
moving collection, new cases, 
and other necessary expenses, 
$1,000 and $1,720 per annum. 

34. Railroad and Warehouse 

Commissioners— Officers' ex- 
penses, clerks, maps, reports, 
and other necessary expenses, 
$1,000 and $14,800 per annum. 

35. Commissioners of Labor Sta- 

tistics— Clerk hire, expenses 
of commissioners, expenses of 
mine inspectors, clerk hire 
and expenses Illinois free 
employment offices, etc., $265 
and $37,235 per annum. 

36. Pish Commissioners— Expenses 

of commissioners, salaries of 
wardens and miscellaneous 
expenditures, $22,700 per an- 
num. 

37. General Assembly, 44th— Com- 

mittee expenses, $2,000. 

38. Lincoln Homestead and Lin- 

coln Monument— Custodians, 
repairs, etc., $1,500 and $3,800 
per annum. 

39. Live Stock Commissioners— 

Secretary's salary, clerks, 
stenographers, veterinarian, 
Inspectors, expenses, etc.. 
$20,000 and 24,920 per annum. 

40. Insurance Superintendent— 

Actuary, clerks, messenger, 
janitor, legal services and 
other expenses, safes, repairs, 
etc., $5,800 and $37,565 per an- 
num. 



41. State Historical Library— 

Assistant librarian, expense 
of care and maintenance, edit- 
ing and publishing historical 
documents, moving library 
and furnishing room, etc., 
$5,000 and $5,120 per annum. 

42. State Factory Inspector— 

Expenses, $10,000 per annum. 

43. Supreme Court Reporter— Ex- 

penses and messenger ser- 
vice, $1,470 per annum. 

43J. State Board o* Arbitration 
—Traveling expenses, post- 
age, expressage, clerk hire, 
rent, etc., $5,000 per annum. 

44. Board of Pardons — Stenog- 

raphers' salary and other ex- 
penses. $2,400 per annum. 

45. State Entomologist— Assist- 

ants, printing, office and other 
expenses, $15,000 and $4,000 per 
annum- 

46. State Board of Health— Sec- 

retary's salary, clerk hire, of- 
fice and other necessary ex- 
penses, and inspection of 
lodging houses, etc., $25,000 
and $24, 360 per annum. 

47. State Pood Commissioner— 

Analyst, stenographer, office 
and other expenses, $17,160 per 
annum. 

48. State Board of Agriculture 

—Removing and refitting ag- 
ricultural museum, $1,000. 

49. Commission of Claims— Print- 

ing opinions, $1,500. 

50. University of Illinois— Inter- 

est or endowment fund with 
arrears, $64,725.13. 

51. Secretary of State— Statue of 

Stephen A. Douglas, $2,500. 

52. How drawn. 



An Act to provide for the ordinary and contingent expenses of the 
State government, until the expiration of the fiscal quarter after 
the adjournment of the next regular session of the General 
Assembly. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following named 
sums, or so much thereof as may be necessary, respectively, for the 



70 APPROPRIATIONS. 



purposes hereinafter named, be, and are hereby, appropriated to meet 
the ordinary and contingent expenses of the State Government, until 
the expiration of the first fiscal quarter after the adjournment of the 
next General Assembly: 

First. A sum not to exceed $5,000 per annum shall be subject to 
the order of the Governor for defraying such public expenses of the 
State Government as are unforseen by the General Assembly, and 
not otherwise provided for by law. 

Second. To the Governor, the sum of $10,000 per annum for sec- 
retary to the Governor, for the performance of such official duties of 
the Governor as may be required of him, and for executive clerk, in- 
dex and general clerk, stenographer, assistant stenographer, messen- 
ger and janitor; payable monthly, as hereinafter named. 

Third. To the Governor, a further sum not to exceed $5,000 per 
annum for postage, expressage, telegraphing, telephoning and other 
expenses connected with the Governor's office, and incident to the 
discharge of his duties, payable as hereinafter named. 

Fourth. To the Governor, for the care of the Executive Mansion 
and grounds, and for heating, lighting and other incidental expenses 
of the Executive Mansion, $6,000 per annum. 

Sixth. To the Lieutenant Governor, for postage, telegraphing, 
stationery and other incidental expenses, the sum of $250 per annum. 

Seventh. To the Secretary of State, for clerk hire in his office, the 
following sums: For chief clerk, $2,700 per annum; for one assistant 
chief clerk, $1,800 per annum; for one chief corporation clerk, $2,000 
per annum; for one corporation clerk, $1,800 per annum; for one 
corporation clerk, $1,500 per annum; for one corporation clerk, $1,000 
per annum; for one executive clerk, $1,500 per annum; for one index 
clerk, $2,000 per annum; for one assistant index clerk, $1,500 per an- 
num; for one assistant index clerk, $900 per annum; for one anti- 
trust clerk, $1,800 per annum; for one assistant anti-trust clerk, 
$1,500 per annum; for one assistant anti-trust clerk $1,200 per an- 
num; for one assistant anti-trust clerk, $1,000 per annum; for one 
assistant anti- trust clerk, $900 per annum; for one shipping clerk, 
$1,500 per annum; for one shipping clerk, $1,320 per annum; for one 
shipping clerk, $1,200 per annum; for one shipping clerk and janitor, 
$1,200 per annum; for extra clerical services, $1,500; for one private 
secretary and stenographer, $1,500 per annum; for one supply clerk, 
$1,500 per annum; for one assistant supply clerk, $1,200 per annum; 
for one property clerk, $900 per annum; for one stenographer and 
typewriter, $1,000 per annum; for one stenographer and typewriter, 
$900 per annum; for one stenographer and typewriter, $800 per an- 
num; for one bookkeeper, $1,200 per annum; for three porters and 
messengers, $720 each per annum,; for one superintendent of capitol 
building and grounds, $1,800 per annum; for one assistant superin- 
tendent of capitol building and grounds, $1,200; for two car- 
penters, $900 each per annum; for eight policemen, $720 each per 
annum; for three elevator conductors, $720 each per annum; for 



APPROPRIATIONS. 71 



eighteen janitors, $720 each per annum; for one janitress, $720 per 
annum; for one flagmen, $720 per annum; for one chief engineer, 
$1,200 per annum ; for two assistant engineers, $1,020 each per annum ; 
for twelve firemen, $800 each per annum; for one weigher, $1,000 per 
annum; for one chief electrician, $1,200 per annum; for three as- 
sistant electricians, $900 each per annum, payable upon monthly 
pay-rolls certified to by the Secretary of State; for expenses in con- 
nection with the corporation department, the sum of $3,000 per an- 
num; to the Secretary of State, for postage, expressage, telegraphing 
and other incidental expenses of his office, $3,000 per annum; and 
for the payment of all necessary incidental expenses incurred by the 
Secretary of State in the care and custody of the State House and 
grounds and other State property, and in repairs and improvements 
of the same, and for the performance of such other duties as may be 
imposed upon him by law, and for which no other appropriation has 
been made, the sum of $8,000 per annum; for the purpose of enforc- 
ing the foreign corporation act, $5,000 per annum. 

Eighth. To the Secretary of State, for the purchase of fuel and 
repairs and other incidental expenses connected with heating the 
State House, the sum of $10,000 per annum; for repairing the State 
House, heating and lighting plants, $2,500 per annum; for incidental 
expenses connected with operating the State electric lighting plant, 
$2,000 per annum. 

Ninth. To the Secretary of State, such sums as may be necessary 
to enable him to purchase such volumes of the reports of the decis- 
ions of the Supreme Court as he is, or may be, by law, required to 
purchase. 

Tenth. To the Secretary of State, for the purchase of flags for the 
dome of the Capitol building for two years, the sum of $200. 

Eleventh. To the Secretary of State, for the purchase of books 
and for the incidental expenses of the State Library, the sum of $1,500 
per annum; payable upon bills of particulars certified to by the Board 
of Commissioners of the State Library. To the Secretary of State, 
for salary of assistant librarian, $1,200 per annum; for second assist- 
ant librarian, $900 per annum; for third assistant librarian, $900 per 
annum. 

Twelfth. To the Secretary of State, for the purpose of building 
a heating plant and for the purchase of new boilers for the same, and 
an additional dynamo, and for making connections for the purpose 
of heating and lighting the new Armory building, the sum of $55,500. 

Thirteenth. To the Secretary of State, for copying the laws, jour- 
nals and joint resolutions of the General Assembly, as provided by 
law, $300; and for expressage and postage on same, $1,200 per an- 
num. 

Fourteenth. To the Board of Commissioners of State Contracts, 
for the purchase on contract, as required by law, and other necessary 
expenses connected therewith, of printing paper and stationery for 
the use of the General Assembly and the executive departments, the 
sum of $23,000 per annum. 



72 APPROPRIATIONS. 



Fifteenth. To the Board of Commissioners of State Contracts, 
for public printing, the sum of $55,000, or so much as may be re- 
quired; for public binding, the sum of $12,000 per annum, or so much 
as may be necessary; the public printing and binding to be paid ac- 
cording to contract. 

Sixteenth. To the Auditor of Public Accounts, for necessary clerk 
hire in his office, the following sums: For chief clerk, $2,700 per 
annum: for revenue clerk, $1,800 per annum; for warrant clerk, $2, 100 
per annum; for assistant warrant clerk, $1,500 per annum; for sten- 
ographer and typewriter, $1,000 per annum; for one messenger and 
clerk, $720 per annum; for one janitor, $720 per annum; for addi- 
tional clerk hire, the sum of $3,500 per annum; for land clerk, $1,800 
per annum. To the Auditor of Public Accounts, for postage, express 
charges, telegraphing and other incidental expenses incurred in the 
discharge of his duties, a sum not to exceed $2,500 per annum. To 
the Auditor of Public Accounts, for the purpose of paying for the 
clerical service incidental to the banking department and to the 
building and loan department, a sum not to exceed the fees received 
by him for preliminary examinations and filing reports for such banks, 
and building and loan associations, as now provided by law, to be ac- 
counted for in the regular reports required of him by law to be made. 

Seventeenth. To the Auditor of Public Accounts, a sum not to ex- 
ceed $4,000 per annum, or so much thereof as may be needed, for 
conveying female offenders to the State Home for Juvenile Female 
Offenders, to be ascertained and paid, in the same manner as for 
conveying prisoners to the penitentiary. 

Eighteenth. To the Auditor of Public Accounts, a sum not ex- 
ceeding $500 per annum, or so much thereof as may be necessary, 
costs and expenses of State suits. 

Nineteenth. To the Auditor of Public Accounts, a sum not ex- 
ceeding $20,000 per annum, or so much thereof as may be necessary, 
for conveying convicts to the penitentiary, and from and to the pen- 
itentiary in cases of new trials, or when used as witnesses in cases, to 
be paid by the Auditor in the manner now provided by law: Pro- 
vided, that when more than one person is convicted at the same term 
of court, and is committed to the penitentiary, the sheriff shall take 
them all at one trip. 

Twentieth. To the Auditor of Public Accounts, for the payment 
of the expenses provided for by law for the apprehension and deliv- 
ery of fugitives from justice, $12,000 per annum, or so much thereof 
as may be necessary, to be paid on the evidence required by law, cer- 
tified to and approved by the Governor, and the sum of $2,000 for 
awards for arrests of fugitives from justice, to be paid on bills of par- 
ticulars having the order of the Governor endorsed thereon. 

Twenty-first. To the Auditor of Public Accounts, the sum of $15,000 
per annum, or so much thereof as may be necessary, for conveying 
offenders to the State Reformatory at Pontiac, and from and to the 
reformatory in cases of new trial, or when used as witnesses in cases, 



APPROPRIATIONS. 73 



to be paid by the Auditor in the manner now provided by law, to be 
ascertained and paid in the same manner as in cases of conveying 
prisoners to and from the penitentiary: Provided, that when more 
than one person is convicted at the same term of court, and is com- 
mitted to the reformatory, the sheriff shall take them all in one trip 

Twenty-second. To the State Board of Equalization, for paying 
expenses, a sum not exceeding $10,000 per annum, payable in the 
manner provided by law. 

Twenty-third. To the State Treasurer, for clerk hire, the sum of 
$7,500 per annum; the sum of $6,300 per annum for seven watchmen, 
and the sum of $900 per annum for messenger and clerk, all payable 
on monthly payrolls, duly certified to by the Treasurer. To the 
State Treasurer, the sum of $4,000 per annum, or so much thereof as 
may be necessary, to be used in the collection in [of] inheritance 
tax, payable on certificate of the Treasurer. To the State Treasurer, 
for repairs, express charges, postage, telegraphing and other inci- 
dental expenses connected with his office, a sum not to exceed $1,000 
per annum. 

Twenty-fourth. To the State Treasurer, such sums as may be 
necessary to refund the taxes on real estate sold or paid on error, 
and for overpayment of collectors' accounts under laws governing 
such cases, to be paid out of the proper funds. 

Twenty-fifth. To the Attorney General, for three assistants, the 
sum of $2,800 each per annum; for a chief law clerk, the sum of $1,- 
800 per annum; for a law clerk and stenographer, the sum of $1,200 
per annum; for a messenger and porter, the sum of $720 per annum; 
for the performance of such other duties as are required by law, the 
sum of $16,000 per annum; for telegraphing, postage and other nec- 
essary expenses, $2,000 per annum; payable on bills certified to by 
the Attornev General. 

Twenty-sixth. To the Superintendent of Public Instruction the 
following sums are hereby appropriated: For a first assistant, 
$2,400 per annum; for a second assisiant, $1,500 per annum; for one 
clerk, $1,200 per annum, for one stenographer and typewriter, $1,000 
per annum; for janitor, porter and messenger, the sum of $720 per 
annum; for stairway to upper vault in office, the sum of $457; all 
payable on the certificate of the Superintendent of Public Instruc- 
tion. To the Superintendent of Public Instruction, for postage, ex- 
pressage, telegraphing, expenses of State examinations, and all other 
necessary expenses of his office, a sum not exceeding $3,000 per 
annum. 

Twenty-seventh. To the Superintendent of Public Instruction, the 
sum of $57,000 per annum, or so much thereof as may be necessary, 
to pay the interest on the school funds distributed annually in pur- 
suance of law. 

Twenty eighth. The sum of $1,000,000 annually, out of the State 
school fund, to pay the amount of the Auditor's orders for the distri- 
bution of said fund to the several counties, and for payment of 



74 APPROPRIATIONS. 



the salaries and expenses of county superintendents of schools, as 
now provided by law. The Auditor shall issue his warrant to the 
State Treasurer, on the proper evidence that the amount distributed 
has been paid to the county superintendents. 

Twenty-ninth. To the Adjutant General, for clerk hire in his 
office, the following sums: For assistant Adjutant General, $1,800 
per annum; for chief clerk, $1,500 per annum; for record clerk, $1,200 
per annum: Provided, that in the employment of clerks and assist- 
ants in the Adjutant General's office, preference shall be given to 
Union soldiers, their widows and orphans; also the sum of $1,000 per 
annum for postage, telegraphing, repairs and other incidental ex- 
penses connected with Memorial Hall, and his office; also for custo- 
dian of Memorial Hall, $900 per annum ; for stenographer and type- 
writer, $1,000 per annum; for custodian at arsenal, $1,200 per annum; 
for ordnance sergeant at arsenal, $720 per annum; for one messenger 
$720 per annum; for custodian at Camp Lincoln, $600 per annum. 

Thirtieth. To the Board of State Commissioners of Public 
Charities, for salary of secretary, $3,000 per annum; for office and in- 
cidental expenses of the board, including clerical services in office 
and auditing institution accounts, necessary expenses of the commis- 
sioners and employes while engaged in the discharge of their duties 
of visitation and inspection, as required by law, $7,000 per annum, 
or so much thereof as may be necessary; for the expenses of the 
board of auxiliary visitors in making inspections as provided by 
law, $1,500 per annum, a sum not exceeding $5 in amount to be paid 
therefrom to each member of said boards upon his fixing a certificate 
of the expense incurred in making such inspection. 

Thirty-first. There is hereby appropriated to the Supreme Court, 
for the purpose of buying additional books for the Supreme Court 
library, and in order to place such library on an equality with the 
law libraries of other states, and also for the purpose of binding 
books in said library which need to be rebound, the sum of $5,000 
for the purpose of continuations and renewals of the different reports, 
encyclopedias, reporters, law magazines, current text books, etc., the 
sum of $3,000 per annum ; for expenses of the Supreme Court, sta- 
tionery, repairs, printing, furniture and expressage, etc., the sum of 
$1,000 per annum; for the salary of librarian of the Supreme Court, 
who shall also act as librarian of the Appellate Court, the sum of 
$1,800 per annum; for the salary of a janitor for the Supreme Court, 
whose duties shall be to take care of Supreme Court room, Ap- 
pellate Court room, Conference room, Supreme Court library and the 
private rooms of the judges, the sum of $720 per annum, payable 
upon bills of particulars certified to by at least two of the judges of 
said court. 

To the Clerk of the Supreme Court, for court reporter, $1,800 per 
annum; for one janitor, $720 per annum; and for the purchase of 
counters, desks, railings, files, carpets, chairs, re-decorating and other 
incidentals to properly furnish and equip his office, the sum of $2,000. 



APPROPRIATIONS. 75 



Thirty- second. To the Appellate Court of the First district, for rent, 
,500 per annum, and for no other purpose; for the purchase of law 
books and reports, $1,500 per annum; for repairing old law books, 
$500 per annum; for furniture, carpets, etc., $600; for incidental ex- 
penses, $750 per annum, for each court; for stenographer's salary, 
$1,200 per annum foreach court; said stenographers to work under the 
directions of the judges and of the clerk of said court; for librarian's 
salary (both courts) $600 per annum; for outstanding debts for pur- 
chase of law books for the past two years (both courts) $600; for 
outstanding debts for incidental expenses for the past two years 
(both courts) $1,000. 

To the Second district Appellate Court, for stationery, fuel, post- 
age, lights, expressage, repairs, furniture and other expenses deemed 
necessary by the court, the sum of $2,000 per annum; for books, 
$600 per annum; for the rebinding of books, $150 per annum; for 
rebuilding outside steps and repairing floors of the court house, 
$2,100; for librarian, $600 per annum. 

To the Third district of the Appellate Court, for stationery, post- 
age, expressage, furniture and other expenses deemed necessary by 
the court, $750 per annum, the sums to be paid on bills of particulars 
certified to by the clerk of the court for which the expense was 
incurred. 

To the fourth district of the Appellate Court, the sum of $1,750 
per annum for stationery, fuel, lights, postage, expressage, repairs, 
furniture and other expenses deemed necessary by the court ; for 
books for law library, $500 per annum ; for librarian, $600 per an- 
num; to build steel galleries and shelves in the library and re- fur- 
nishing court room, $2,500; to wire building for electric lights, $300, 
such improvements to be made under the direction of the clerk and 
all bills for same to be approved by at least two of the judges of said 
court. Also the sum of $720 each per annum to the second, third 
and fourth districts for the pay of janitors to be appointed by the 
clerks of the respective courts, and to perform such duties as shall 
be determined by the judges and clerks of the respective courts, to 
be paid on the order of at least two of the judges in each district; 
for one stenographer for each of the second, third and fourth dis- 
tricts, $1,200 each per annum, such stenographers to be appointed 
and their duties to be prescribed by the clerks of the several Appel- 
late courts, respectively; such salaries to be paid monthly, the same 
being certified to by at least two of the judges of said courts, re- 
spectively. 

Thirty-third — To the trustees of the Illinois State Museum of 
Natural History, for the salary of the curator of the Illinois State 
Museum of Natural History, the sum of $2,500 per annum ; for the 
salary of an assistant curator, the sum of $1,000 per annum; for the 
salary of a janitor, the sum of $720 per annum, all payable 
monthly as provided by law. For the contingent and necessary ex- 
penses of the museum and library thereof, including postage, ex- 



76 APPROPRIATIONS. 



pressage, mounting of new specimens acquired by purchase or gift, 
subscriptions on scientific journals and binding of the unbound 
volumes in the library, and for traveling expenses incurred on busi- 
ness connected with this office, the sum of $500 per annum, payable 
on bills of particulars duly certified to by the curator and approved 
by the trustees. Also the sum of $1,000, or as much thereof as may 
be necessary to cover the cost of moving the collections from the 
present rooms to the new rooms in the arsenal building, taking down, 
altering and setting up the old cases, and of new cases for the large 
mammals which are now without any. Reports on investigations 
shall be prepared by, or under the direction of the curator, and be 
presented to the board of trustees of the museum for approval. The 
board shall order such reports printed, and the expense shall be paid 
out of the general fund appropriated for the public printing. 

Thirty- fourth — To the Railroad and Warehouse Commissioners, for 
salary of the secretary, $1,500 per annum; for the incidental expenses 
of their office, including care, stationery, postage, telegraphing, 
extra clerk hire and all necessary expenditures, except those herein- 
after provided for, a sum not to exceed $2,500 per annum. For any 
expense incurred in suits or investigation commenced by authority 
of the State, under any law now in force, or hereafter enacted, em- 
powering or entrusting the board of commissioners, including the 
fees of experts employed and clerical help, the sum of $4,000 per 
annum, or such part thereof as may be needed, for such pur- 
poses. For printing, mailing, expressing and publication of 
schedules of reasonable maximum rates of charges for the transpor- 
tation of passengers and freight cars, made or revised for any or all 
of the railroads of the State, as provided by law, the sum of $1,000, 
or so much thereof as may be needed for such purposes. For the 
printing, mailing, expressing and publication of railroad maps of 
Illinois to be bound with annual reports, the sum of $2,000 per an- 
num. For salary of civil engineer, when so employed by the com- 
mission in their discretion, the sum of $3,000 per annum, 
which said civil engineer when so employed, shall do such 
engineering work and make such inspections and reports as the said 
commissioners may direct, and for salary of an assistant civil engin- 
eer, $1,800 per annum, when employed as assistant civil engineer, 
whose duties shall be determined by the board. 

Thirty-fifth — To the Commissioners of Labor Statistics, for the 
purpose of procuring, tabulating and publishing statistics of labor 
as contemplated by law; for the purchase of instruments for inspect- 
ors of mines; for clerical services, including special agents; for 
the incidental expenses of the board, and for defraying the per diem 
and traveling expenses of the commissioners and secretary, the sum 
of $11,000 per annum; for instruments for inspectors of mines which 
have heretofore been purchased but not paid for by the State, the 
sum of $265. 

To the State Mining Board for the examination of candidates for 
certificates as mine inspectors, mine managers, mine examiners and 
hoisting engineers, for per diem and expenses of the board in con- 



APPROPRIATIONS. 77 



ducting such examination, including salary of stenographer, at $720 
per annum, the sum of $6,000 per annum, or as much thereof as may 
be necessary. 

To the State Mine Inspectors, for actual expenses incurred in the 
discharge of their duties, as provided by law, the sum of $3,000 per 
annum, of which sum not to exceed $600 per annum shall be paid to 
any one inspector. 

To the Illinois Free Employment Offices, located in Chicago and 
Peoria, the following sums: 

To the South Side Office, for salary of male clerk, $800 per an- 
num; for salary of female clerk, $720 per annum; for salary of sten- 
ographer, $720 per annum; for salary of janitor, $600 per annum; 
for rent and general expenses, $2,000 per annum; for advertising, 
$400 per annum; for postage and expressage, $300 per annum. 

To the West Side Office, for salary of clerk, $800 per annum; for 
stenographer, $720 per annum ; for janitor, $600 per annum ; for 
rent and general expenses, $1700 per annum; for advertising, $400 
per annum; for postage and expressage, $100 per annum. 

To the North Side Office, for salary of clerk, $800 per per annum; 
for stenographer, $720 per annum; for janitor, $600 per annum; for 
rent and general expenses, $2,100 per annum ; for advertising, $300 
per annum; for postage and expressage, $300 per annum. 

To the Peoria office, for salary of stenographer, $120 per annum; 
for rent and general expenses, $1,400 per annum; for advertising, $300 
per annum; for telephone and toll service, $75 per annum. 

Thirty-sixth — To the Fish Commissioners of the State, the sum 
of $7,500 per annum, or so much thereof as may be necessary, to be 
used by them in pursuance of law; the sum of $7,500 per annum, or 
so much thereof as may be necessary for the service and expense of 
such persons as may be employed by them, including wardens, while 
performing such service, as no fees are allowed in enforcing laws for 
protection of fish and relating to fish ways, and for the personal 
traveling expenses of the commissioners, the sum of $2,700 per an- 
num, or so much thereof as may be necessary, for the salary of three 
permanent wardens, under the direction of the fish commissioners in 
enforcing laws relating to fish and fish ways; the sum of $5,000 per 
annum, or so much thereof as may be necessary, for the maintenance 
and operation of the boat owned by the State and used by the fish 
commissioners of the State, in collection of fish and enforcement of 
fish laws. 

Thirty-seventh — The sum of $2,000, or so much thereof as may be 
necessary, to pay the expenses of the committees of the Forty- fourth 
General Assembly, such expenses to be certified as may be provided 
by resolution of either house. 



78 APPROPRIATIONS. 



Thirty-eighth — To the Trustees of the Lincoln Homestead, for 
the salary of a custodian, the sum of $1,000 per annum ; and for re- 
pairs and improvements, the sum of $300 per annum, to be expended 
by said trustees as provided in the act of 1887 creating said trust; 
for connecting with heating and lighting plants, $1,000. 

To the trustees of Lincoln Monument, for salary of custodian, the 
sum of $1,000 per annum; for fuel, care of grounds and other inci- 
dental expenses, $1,500 per annum; and for printing and distributing 
20,000 copies of the history of the monument, the sum of $500. 

Thirty-ninth. To the State Board of Live Stock Commissioners, 
the following sums are hereby appropriated : For salary of secretary, 
$1 ,800 per annum ; to pay the traveling and incidental expenses of 
the commissioners and secretary, $3,000 per annum ; for salary of as- 
sistant secretary, who shall be a stenographer and typewriter, $1,200 
per annum; for salary of messenger, $720 per annum; for telegraph- 
ing, postage, expressage and other incidental expenses of the office, 
$1,200 per annum; for per diem and expenses of State Veterinarian, 
$3,500 per annum; for salary of chief inspector at Union Stock Yards, 
Chicago, $1,800 per annum; for salary of assistant to chief inspector 
at Union Stock Yards, Chicago, $1,000 per annum; for salary of clerk 
at Union Stock Yards, Chicago, $1,200 per annum; for salary of chief 
inspector at National Stock Yards, East St. Louis, $1,200 per annum; 
for salary of four agents at Union Stock Yards, Chicago, including 
horse hire, $6,300 per annum; for salary of one agent at National 
Stock Yards, East St. Louis, and one agent at Peoria, $2,000 per 
annum. 

For paying damages for animals diseased or exposed to contagion, 
slaughtered; for per diem and traveling expenses of assistant State 
veterinarian and special agents, including any additional clerical 
help rendered necessary in the office of said board, for property neces- 
sarily destroyed or disinfection of premises when such disinfection is 
practicable under any law of this State for the suppression and pre- 
vention of the spread of contagious and infectious diseases among 
domestic animals, the sum of $20,000, or so much thereof as may be 
necessary. 

Fortieth. To the Insurance Superintendent, for actuary, $3,000 
per annum; for chief clerk, $2,500 per annum; for messenger, 
$720 per annum; for janitor, $720 per annum; and for other necessary 
clerk hire in his office, the sum of $13,000 per annum; for postage, 
express charges, telegraphing and other incidental expenses, the sum 
of $6,000 per annum; for'expenses in attending the annual convention 
of insurance commissioners, the sum of $125 per annum; for expenses 
of examinations and investigation which cannot be collected from the 
companies or associations examined, $1,000 per annum, or so much 
thereof as may be necessary ; for all examinations and investigation, 
such amount for expenses incurred and services of assistants employ- 
ed, as shall be collected from the companies and associations examined 
for expenses in the prosecution of violations of the insurance laws, the 
sum of $6,000 per annum ; and for legal services the sum of $4,000 per an- 



APPROPRIATIONS. 79 



num; and for legal services the sum of $4,000 per annum; for print- 
ing and distributing the reports of the Farmers' Mutual Insurance 
Companies, the sum of $500 per annum, or so much thereof as may 
be necessary; for exchange in safes, $1,500; for improvements and 
equipments in actuary's department, $1,^00; for additional filing 
cases, $1,500; for repainting departments, $1,000. 

For making valuations of reserves of life insurance companies, the 
insurance department, with the approval of the Governor, is hereby 
authorized to use the sums collected for such purposes in the pay- 
ment of the costs thereof, and include the same in his annual report 
to the Governor. 

Forty first. To the Illinois State Historical Library, for care, main- 
tenance, purchase of books, manuscript [s,] etc., the sum of $2,500 per 
annum; for editing, printing and publishing historical documents, 
$1,000 per annum ; for salary ofassistant librarian, $900 per annum ; for 
salary of janitor in library, $720 per annum; and for moving library 
and furnishing new room, etc., $5,000. 

Forty-second. To the State Factory Inspector, to defray the travel- 
ing and other necessary expenses incurred by the inspectors and as- 
sistant factory inspectors in the performance of their duties, $10,000 
per annum. 

Forty-third. To the Supreme Court reporter, for the expenses of 
printing in advance the opinions of the Supreme Court, and of dis- 
tributing printed proofs thereof to the several members of the court, 
together with the expenses of transmitting such proofs and the 
original opinions by mail and express, and to make printers' correc- 
tions in said proofs after final adoption, the sum of $750 per annum, 
payable upon bills of particulars certified to by at least two judges of 
said said court. To the Supreme Court reporter, for custodian and 
messenger, the sum of $720 per annum, payable upon bills of par- 
ticulars duly certified by him. 

Forty- third and one-half. To the State Board of Arbitration for 
traveling expenses of the members and the secretary, and for postage, 
stationery, telegraphing, telephoning, expressage, additional clerk 
hire, office rent and all other necessary expenses, the sum of five 
thousand dollars ($5,000) dollars per annum, or as much thereof as 
may be necessary. 

Forty-fourth. To the Board of Pardons, for postage, telegraphing, 
expressage and other incidental expenses, $1,500 per annum; for salary 
of stenographer, the sum of $720 per annum. 

To the parole board, for salary of stenographer, $180 per annum. 

Forty-fifth. To the State Entomologist, for field, office, inci- 
dental and library expenses, the sum of $1,500 per annum; for pay of 
assistants, the sum of $2,000 per annum; for the illustration of bul- 
letins and reports, the sum of $500 per annum ; for expenses incurred 
under the "Act to prevent the introduction and spread in Illinois of 
the San Jose" scale, and other dangerous insects and contagious dis- 
eases of fruits," the sum of $12,000, or so much thereof as may be 



80 APPROPRIATIONS. 



necessary; for the building and equipment of an insectary or experi- 
mental laboratory of economic entomology, the sum of $3,000. 

To the State Agricultural Experiment Station, for the publication 
of bulletins prepared by the State Entomologist, the sum of $750 per 
annum. 

To the State Laboratory of Natural History, for the expenses of 
the natural history survey, the sum of $8,000 per annum; for the 
supply of natural history specimens to the public schools, the sum 
of $500 per annum; for the publication of bulletins and reports, the 
sum of $1,000 per annum. 

Forty-sixth. To the State'Board of Health, for salary of secretary, 
the sum of $3,000 per annum; for necessary office expenses, includ- 
ing expenses incurred in attending meetings of the board; for mak- 
ing sanitary investigation, and for the purpose of investigating the 
cause and preventing the spread of such contagious and infectious 
diseases as consumption, typhoid fever, diphtheria, scarlet fever, 
influenza and malarial fevers, the sum of $5,000 per annum; for chief 
clerk, $1,800 per annum; for one clerk, $1,200 per annum; for two 
clerks, $1,000 per annum each; for stenographer and typewriter, 
$1,000 per annum; for janitor and messenger, the sum of $360 per 
annum. 

Also the sum of $10,000 per annum to be used only with the con- 
sent and concurrence of the Governor, on the recommendation and 
advice of the board, in case of an outbreak, or threatened outbreak 
or any epidemic of malignant diseases such as small pox, yellow 
fever, Asiatic cholera and typhus fever, to defray the expenses of 
preventing the introduction of such diseases, or their spread from 
place to place within the State; to suppress outbreaks which may 
occur, and to investigate methods of their prevention; also for special 
investigation, when required by the sanitary necessities of the State. 

Also the sum of $25,000 for the necessary expenses incurred in 
the supervision and inspection for [of] lodging houses, boarding 
houses, taverns, rivers and hotels, in cities of one hundred thousand 
or more inhabitants. 

Forty- seventh. — To the State Food Commissioner, for the salary of 
first assistant State analyist, $1,000 per annum; for expenses of in- 
spectors, $6,000 per annum; for expenses of laboratory for office, 
$1,500 per annum; for rent of offices and laboratory, $2,500 per an- 
num; for postage, $1,000 per annum; for expense of State Food Com- 
mission, $3,600 per annum, for stenographer, $720 per annum, for 
assistant stenographer, $360 per annum ; for assistant clerk, $480 per 
annum. 

Forty-eighth. — To the State Board of Agriculture, the sum of 
$1,000 for the purpose of paying the expenses for the taking down, 
removing, replacing and refitting the agricultural museum, to be 
moved from the State House to the arsenal building. 



APPROPRIATIONS. 81 



Forty-ninth. — To the Commission of Claims, for the purpose of 
printing the opinions of the commission since its organization in 
1877, and for the distribution of the same, the sum of $1,500, to be 
certified to by the Commission of Claims. 

Fiftieth. — To the University of Illinois, for the payment of in- 
terest on the endowment funds of said university, as provided by sec- 
tion 2 of the act relating to said university, approved June 11, 1897, 
for the years 1903 and 1904, the sum of sixty-four thousand dollars 
($64,000), or as much thereof as may be necessary under the terms 
of said act, and for arrears of interest for the year ending January 
1, 1903, seven hundred and twenty-five dollars and thirteen cents 
($725.13.) 

Fifty-first. — To the Secretary of State, for the purchase and setting 
of a marble statue of the [late] Stephen A. Douglas in the State 
House at Springfield, the sum of $2,500, or so much thereof as may 
be necessary. 

Fifty-second. — The Auditor of Public Accounts is hereby authorized 
and directed to draw warrants on the State Treasurer for all sums 
herein appropriated for the pay of clerks, secretaries, porters, mes- 
sengers, janitors, watchmen, policemen, laborers, engineers, firemen, 
stenographers, curators, librarians and other employes, when not 
otherwise provided for by law, to be paid on monthly pay rolls duly 
certified to, respectively, by the heads of departments, or by boards 
of commissioners and trustees requiring the services of such em- 
ployes; and for all other appropriations specified herein, warrants on 
the State Treasurer shall, when not otherwise provided by law, be 
drawn only on itemized bills, accompanied by receipted vouchers, 
showing the expenditure of moneys named in the itemized bills, ex- 
cept for expenditures for railroad or street car fare. In cases of ex- 
penditures for railroad fares, the itemized bills must show from what 
point to what point traveled, and the amount paid for the same; said 
itemized bills to be certified to by the heads of departments ; all ex- 
penditures by boards of commissioners and trustees appointed by 
the Governor, or their employes, to be certified to by said boards and 
approved by the Governor, all expenditures by boards of commis- 
sioners and trustees provided for by law, to be certified to by the said 
boards of commissioners and trustees, respectively. 

The Auditor is hereby authorized, and it is made his duty, to re- 
fuse any warrant or warrants, when any of the provisions of this act 
are not strictly complied with. 

Approved May 16, 1903. 

—6. 



82 APPROPRIATIONS. 



SvVEDEN AND FINLAND-RELIEF OF DESTITUTION. 



1. Appropriates $5,000. 

2. Governor to appoint commission. 

3. How drawn and to whom paid. 



§ 4. Emereency. 
Approved March i, 1903. 



An Act for the relief of the destitute people in Northern Sweden 

and Finland. 

Whereas, The total failure of crops in Northern Sweden and Fin- 
land has produced wide spread suffering and destitution far beyond 
the ability of the residents of those countries to alleviate. 

Section 1. Therefore, be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That the sum of 
five thousand dollars be, and the same is hereby, appropriated out of 
any money in the State Treasury not otherwise appropriated, for the 
relief of the suffering and destitute families of Northern Sweden and 
Finland. 

§ 2. The Governor of the State of Illinois is hereby authorized 
to appoint a commission of three persons who shall serve without 
compensation to receive from the State Treasurer and pay over to 
the proper authorities in Northern Sweden and Finland for distribu- 
tion to the suffering families, the moneys hereby appropriated. 

§ 3. The Auditor of Public Accounts is hereby authorized to 
draw his warrant for the sum of five thousand dollars payable to the 
commission so appointed by the Governor, and the Treasurer of the 
State is hereby directed to pay the same to the said commission, and the 
said commission is hereby authorized and directed to pay said money 
to such authorities of Northern Sweden and Finland as may be 
authorized to receive and distribute moneys for charitable purposes, 
and the same shall be received and distributed to the suffering and 
destitute families of those countries. 

§ 4. Whereas, The suffering is great and immediate aid is neces- 
sary, therefore, an emergency exists, and this act shall be in force 
and effect from and after its passage. 

Approved March 4, 1903. 



WILLARD, FRANCES E.-STATUE. 

I 1. Governor to appoint commissioners. | I 3 Appropriates $9,000. 
I 2. Commissioners to receive no pay. I Approved April 16, 1903. 

Whereas, The Legislature of 1899 appropriated the sum of nine 
thousand (9,000) dollars to place a life sized statue of Frances E. 
Willard in the Statuary Hall in the National Capitol at Washing- 
ton, D. O.; and, 

Whereas, The commissioners who were appointed under said act 
could not meet the conditions under whioh said appropriation was 



APPROPRIATIONS. 83 



payable out of the State treasury before the expiration of the first 
fiscal quarter after the adjournment of said Legislature, and hence 
said appropriation lapsed; now, therefore, 

In order to immortalize as far as the same may be done 
in marble the life of Frances E. Willard, and to show all nations how 
exalted a sphere woman occupies in this great State, the following 
law is hereby placed upon the statute books: 

An Act to select commissioners to expend not to exceed nine thous- 
and (9,000) dollars in purchasing a life-sized marble or bronze 
statue of the late Frances E. Willard, and to provide a pedestal 
or base therefor, the statue and pedestal to be appropriately in- 
scribed and ornamented, and also to defray the expense of trans- 
porting the same to Washington, D. C, when completed, and 
erecting it in the National Statuary Hall, at Washington, D. C. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That five persons be selected 
by the Governor of the State, be and they are hereby authorized and 
empowered as commissioners, to purchase a life-sized statue of the 
late Frances E. Willard, in marble or bronze, and a pedestal or base 
for the same and to also defray the cost and expenses of transport- 
ing them, when completed, to Washington, D. C, and erecting them 
in the National Statuary Hall, at the Capitol; said commissioners 
shall not hereby be empowered to obligate the State of Illinois to 
pay any amount in excess of the sum stated in section 3 of this 
act. 

§ 2. Said commissioners are to receive no pay or compensation 
at any time for their services in the fulfillment of duties required of 
them by this act. 

§ 3. For the purpose of defraying the cost of said statue, 
pedestal and all other costs and obligations hereinbefore stated and 
set forth or incident thereto, the sum of nine thousand (9,000) dol- 
lars or so much thereof as may be necessary, is hereby appropriated 
out of the State treasury, and the Auditor of Public Accounts is 
hereby required to draw his warrant on the Treasurer of the State 
for such sum as may be expended upon bills of particulars to be ap- 
proved by the Governor. 

Approved April 16, 1903. 



84 ARBITRATIONS AND AWARDS. 



ARBITRATIONS AND AWARDS. 



BOARD OF ARBITRATION. 



$ 1. Amends section 1, act of 1895. 

§ 1. State board — appointment — 
qualifications of members- 
oath— organization— secretary 
—salary. 



§ 2. Emergency. 
Approved May 15, 1903. 



An Act to amend section 1 of an act entitled "An act to create a 
State Board of Arbitration for the investigation or settlement of 
differences between employers and their employe's, and to define 
the powers and duties of said board,'''' approved and in force 
August 2, 1895. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section 1 of an act en- 
titled "An act to create a State Board of Arbitration for the investi- 
gation or settlement of differences between employers and their 
employes, and to define the powers and duties of said board," approved 
and in force August 2, 1895, be, and the same is hereby, amended so 
as to read as follows: 

Section 1. As soon as this act shall take effect, the Governor, by 
and with the advice and consent of the Senate, shall appoint three 
persons, not more than two of whom shall belong to the same political 
partj 7 , who shall be styled a "State Board of Arbitration," to serve as 
a State board of arbitration and conciliation; one and only one of 
whom shall be an employer of labor, and only one of whom shall be 
an employed and shall be selected from some labor organization. 
They shall hold office until March 1, 1897, or until their successors 
are appointed, but said board shall have no power to act as such un- 
til they and each of them are confirmed by the Senate. On the first 
day of March, 1897, the Governor, with the advice and consent of the 
Senate, shall appoint three persons as members of said board in the 
same manner above provided, one to serve for one year, one for two 
years, and one for three years, or until their respective successors are 
appointed, and on the first day of March in each year thereafter, the 
Governor shall in the same manner appoint one member of said board 
to succeed the member whose term expires, and to serve for the term 
of three years or until his successor is appointed. If a vacancy oc- 
curs at any time, the Governor shall in the same manner appoint 
some one to serve out the unexpired term. Each member of said 
board shall, before entering upon the duties of his office, be sworn to 
a faithful discharge thereof. The board shall at once organize by 
the choice of one of their number as chairman, and they shall, as soon 
as possible after such organization, establish suitable rules of pro- 
cedure. The board shall have power to select and remove a secre- 
tary, who shall be a stenographer, and whose salary shall be $2,500 
per annum, payable out of the State treasury, upon the warrant of 



ARBITRATION AND AWARDS — STATES' ATTORNEYS. 85 

the Auditor of Publio Accounts, from aoy money not otherwise ap- 
propriated; said secretary to receive also his necessary traveling and 
other expenses, to be paid from the State treasury on bills of particu- 
lars to be approved by the chairman of the board and the Governor. 

§ 2. Whereas, An emergency exists, therefore, this act shall take 
effect and be in force from and after the date of its passage and 
approval. 

Approved May 15, 1903. 



ATTORNEY GENERAL AND STATES' ATTORNEYS. 



private fee for public service prohibited. 

I 1. Amends section 6a, act of 1874. Approved May 15, 1903. 

I 6a. State's attorney prohibited 
from certain fees and certain 
employments. 

An Act to amend an act entitled, "An act in regard to Attorneys 
General and State's Attorneys,^ approved March 26, 1874, in force 
July 1, 1874, by adding thereto a new section, to be known as sec- 
tion 6a. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: An act entitled, "An act in re- 
gard to Attorneys General and State's attorneys," approved March 
26, 1874, in force July 1, 1874, hereby is amended by inserting therein 
a new section, as follows: 

§ 6a. The State's attorney shall not receive anj^ fee or reward 
from, or in behalf of any private person for any services within his 
official duties, and shall not be retained or employed, except for the 
public, in a civil case depending upon the same state of facts on 
which a criminal prosecution shall depend. 

Approved May 15, 1903. 



86 BONDS. 

BONDS. 



REFUNDING OP SURPLUS FUNDS. 



2 3. Proceedings conducted according to 
practice in courts of chancery. 

Approved May 15, 1903. 



I 1. Bond barred by statute of limitations. 

{ 2. Bonds matured — decree cancelling 
same — appeal taken within six 
months. 

An Act making provision for the refunding of surplus funds in 
the State treasury to the credit of the bond funds of counties, 
townships, cities, towns, school districts and other municipal cor- 
porations having bonds registered in the office of the Auditor of 
Public Accounts, when such bonds have become barred by the stat- 
ute of limitations. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any bonds 
issued by any county, township, oity, town, school district or other 
municipal corporation, registered in pursuance of law in the office of the 
Auditor of Public Accounts, have been barred by the statute of limi- 
tations, and a decree that they have been so barred has been rendered 
by any court of this State having chancery jurisdiction in the man- 
ner hereinafter provided, and there remains in the State treasury a 
balance of funds to the credit of the bond fund of such county, town- 
ship, city, town, school district, or other municipal corporation, and 
there are no other valid bonds issued by such county, township, city, 
town, school district, or other municipal corporation registered in the 
office of the Auditor of Public Accounts in pursuance of law to 
which said balance of funds may be applied, it shall be the duty of 
the Auditor, on receipt of a duly certified copy of such decree, to 
draw his warrant upon the State Treasurer for the amount of such 
balance, in favor of such county, township, city, town, school district, 
or other municipal corporation, and it shall be the duty of the State 
Treasurer to pay such warrant out of the proper fund. 

§ 2. Whenever any bonds mentioned in the foregoing section have 
matured and have not been presented for payment after their maturity 
within the period fixed by the statute of limitation in force at the 
time they were issued, limiting the time in which action might be 
commenced on promissory notes or other evidences of indebtedness 
in writing, the county, township, city, town, school district or other 
municipal corporation, by which such bonds were issued, may in its 
corporate name, file a bill in any court of chancery against the owners 
or holders of such bonds, if known, and if not known, against the 
unknown holders or owners thereof specifically describing such bonds, 
and stating that the period of limitations has run against them since 
their maturity, and praying that such bonds may be cancelled and 
any action thereon forever barred, and upon proof thereof, the court 
shall enter a decree cancelling same in accordance with the prayer of 



BONDS — CANADA THISTLES. 



87 



the bill. If no appeal is taken and no writ of error prosecuted within 
six months, such decree shall become final, and thereafter no appeal 
shall be taken and no writ of error prosecuted. 

§ 3. The defendant in such proceeding shall be served or notified 
in the same manner as defendants in chancery cases are required to 
be served or notified, and such proceedings shall be conducted accord- 
ing to the practice in courts of chancery. 

Approved May 15, 1903. 

CANADA THISTLES. 



COMMISSIONER OP CANADA THISTLES AND NOXIOUS WEEDS. 



§ 12. Commissioner's certificates- 
issue— payment. 

I 13- Salary of commissioner. 

I 14. Certain weeds declared a nui- 
sance. 

§ 15. Repeal. 

Approved May 13, 1903. 



i 1. Adds sections 10, 11, 12, 13, 14 and 15 to 
act of 1872. 

10. What county boards may ap- 

point commissioners — com- 
plaint—notice. 

11. Commissioner may remove 

noxious needs— report— fees 
—objections of owner— rem- 
edy. 

An Act to amend "An act concerning Canada thistles, approved 
and in force March 15, 1872," as amended by an act of June 
27, 1885, also by adding the following sections: "10, 11, 12, 13, 
14, and 15," declaring certain weeds nuisances, and providing for 
their destruction by county boards in counties where boards of 
town auditors of two or more townships have been consolidated or 
abolished. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That "An act concerning 
Canada thistles, approved and in force March 15, 1872, as amended 
by act of June 27, 1885," as amended by an act entitled "An act to 
amend section 3 of an act entitled 'An act concerning Canada 
thistles,' approved and in force March 15, 1872, and to amend said 
act by providing for the appointment of a commissioner, by county 
boards where the town authorities fail or refuse to do the same," be, 
and the same is hereby, amended by the addition of the following 
sections, which shall be numbered, respectively, as sections 10, 11, 
12, 13, 14, and 15, of "An act concerning Canada thistles," approved 
and in force March 15, 1872: 

§ 10. The county boards, in counties where two or more boards 
of town auditors have been or hereafter shall be abolished, and their 
duties transferred to other bodies, are hereby empowered to, and 
shall appoint a commissioner of Canada thistles and noxious weeds 
for all of the township territory whereof the boards of town auditors 
have been or shall be abolished, and such commissioner shall be a 



CANADA THISTLES. 



county officer; he shall diligently inquire concerning the existence 
within the territory, for which he shall have been appointed, of any 
and all noxious weeds which are, or shall be hereafter, by any com- 
petent authority, have been declared to be a nuisance; and if any are 
found growing on lands within such territory, he shall make, and 
file in the office of the county clerk, a complaint in writing, setting 
forth the existence of such noxious weeds and nuisance, and de- 
scribing the property thus infected, and directing the owner, if 
known, or the unknown owner or unknown owners, if after diligent 
effort by him to ascertain the name or names of such owners they be 
unknown to him, to remove the same within fifteen days from the 
filing of such complaint, under penalty of having the work performed 
under the supervision of the commissioner of Canada thistles and 
noxious weeds at the expense of the property as herein provided. 
And the commissioner shall, within five days from the filing of such 
complaint, mail a notice, wherever possible, to the owner, or owners, 
or agent of such infected land or lands advising him or them of such 
complaint, and of the substance of its contents. But the sending or 
receipt of such notice shall not be necessary to the validity of the 
acts and duties herein imposed upon the commissioner. 

§ 11. If, at the expiration of fifteen days from the filing of such 
complaint with the county clerk, such nuisances or noxious weeds 
shall not have been removed, and the commissioner notified thereof, 
it shall be the duty of said commissioner to cause same to be removed 
or destroyed in such manner as he shall deem best, and to report in writ- 
ing the cost and expense of so doing to the county clerk, certifying the 
verity of his said report, by affidavit. Such report may contain one 
or more lots or tracts of land, either of the same or different owners, 
and each lot or tract of land shall bear its pro rata share of the in- 
cidental expenses and compensation of the commissioner; but such 
commissioner shall not have power to expend in work or material 
more than fifty cents (50c) on any one infected city lot, nor more 
than five dollars ($5) on any one acre of unsubdivided land in any 
one year, without first securing the consent in writing of the owner, 
or of the county board. If any land owner shall feel aggrieved, by 
reason of the charge certified against his property, he may file an ob- 
jection in writing, to that part of said report which aggrieves him, 
with the county clerk at any time within twenty (20) days from the 
time of filing of said report. After the expiration of said twenty (20) 
days, the county clerk shall forward said report, as well any ob- 
jections which shall have been filed thereto, if any, to the board of 
county commissioners, which body shall consider and audit same. 
An objector may appeal from the action of the county board upon 
his objection to the county court, in the same manner that appeals 
are taken from justices of the peace; and the commissioner, in his 
relation to the people, shall have the like power to appeal. Such re- 
port, or such part thereof as shall not have been objected to, when 
audited and approved, and the balance when audited and approved, 
shall be forwarded to the county clerk, whose duty it is hereby made, 
to levy the costs and charges therein certified and approved against 



CANADA THISTLES. 89 



the various lots and tracts of land upon the tax records of the county, 
to be collected in the same manner that taxes of the county are levied 
and collected, and, when collected, shall be paid out upon the order 
of the commissioner, as hereinafter provided. 

§ 12. The commissioner of Canada thistles and noxious weeds 
shall issue to the parties entitled thereto, for materials furnished, 
and work and labor performed, certificates under his hand and seal, 
which shall be approved by the board of county commissioners and 
countersigned by the president of said board, and which shall be 
orders upon the county treasurer for the moneys collected as above pro- 
vided, and the county treasurer shall pay out the moneys collected as 
above provided, upon certificates aforesaid. And to aid in the perform- 
ance of the work herein provided to be done by the removal and de- 
struction of such nuisances, the board of county commissioners may 
authorize the county comptroller to purchase said certificates with 
money out of the general or contingent fund , or with any fund avail- 
able, holding said certificates as part of said fund until redeemed or 
paid by the county treasurer after collection, when the money so ad- 
vanced by the comptroller shall be paid back into said fund. And 
the commissioner of Canada thistles and noxious weeds may collect 
from, and give full acquittance for, to any land owner the money due 
by said land owner at any time before such expense shall have be- 
come a lien upon such property. 

§ 13. The commissioner appointed hereunder shall receive as his 
compensation five dollars ($5) for each day necessarily spent in the 
discharge of his duties; and he shall give a fidelity bond in such penal 
sum as may be required by the board of county commissioners. 

§ 14. The weeds commonly known and called Canada thistles, 

Eoison ivy, Russian thistles, cockle-burr and burdock weeds, are each, 
ereby, declared to be a nuisance. 

§ 15. All acts and parts of acts in conflict herewith are hereby 
repealed. 

Approved May 13, 1903. 



90 



CEMETERIES. 



CEMETERIES. 



ORGANIZATION AND CONTROL OF CEMETERY ASSOCIATIONS. 



1 9. Dividends prohibited— use of funds. 

2 10. Trustees triennial report to county 

judge— failure to make correct re- 
port—penalty. 

2 11. Removal of officer for misconduct. 

§ 12. Trustees may make rules and regula- 
tions. 

2 13. Merging of associations. 

2 14. Property of association exempt from 
taxation. 

Approved May 14. 1903. 



2 1. Six persons may organize association. 
2 2. Organization— petition— certificate. 

2 3. Recording certificate. 

2 4. Trustees— election— officers— terms of 
office— vacancies — appointment by 
county judge. 

2 5. Right to acquire property, real or per- 
sonal. 

2 6. Platting site— recording plat— sale of 
lots— conveyances. 

2 7. Treasurer of association may loan 
money— security approved by board. 

2 8. Officers shall serve without compen- 
sation— secretary may receive sal- 
ary. 

An Act to provide for the organization, ownership, management and 
control of cemetery associations. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any six (6) or more 
persons may organize a cemetery association, to be owned, managed 
and controlled in the manner hereinafter provided. 

§ 2. Whenever six (6) or more persons shall present to the Secre- 
tary of State a petition setting forth that they desire to organize a 
cemetery association under this act, to be located in (here insert the 
county), and that said cemetery association shall be known by the 
name and style of (here insert the name of the association) , that the 
Secretary of State shall issue to such persons and their successors in 
trust, a certificate of organization, which said certificate of organiza- 
tion shall be in perpetuity and in trust for the use and benefit of all 
persons who may acquire burial lots in said cemetery. 

§ 3. That said persons so receiving said certificate of organiza- 
tion shall cause the same to be recorded in the recorder's office of 
the county in which said cemetery association is organized, and when 
so recorded, said association shall be deemed fully organized as a 
body corporate under the name adopted, and in its corporate name 
may sue and be sued. 

§ 4. That said persons so receiving said certificate of organization 
of said association shall proceed to elect from their own number a 
board of trustees for said association, which said board shall consist 
of not less than six (6) nor more than ten (10) members, as said per- 
sons so receiving said certificate may determine; that said trustees 
when elected shall immediately organize by electing from their own 



CEMETERIES. 91 



membership a president, vice-president and treasurer, and shall also 
elect a secretary, who may or may not be a member of said board of 
trustees, in their discretion, which said officers shall hold their re- 
spective offices for and during the period of one (1) year, and until 
their successors are duly elected and qualified. Said trustees when 
so elected shall divide themselves by lot into two classes, the first of 
which shall hold their offices for and during the period of three (3) 
years, and the second of which shall hold their offices for and during 
the period of six (6) years, and that thereafter the term of office of said 
trustees shall be six (6) years, and that upon the expiration of the 
term of office of any of said trustees, or in case of the resignation or 
death or removal from said county of any of said trustees, or their 
removal from office as provided in this act, the remaining trustees, or 
a majority of them, shall notify the county judge of the county in 
which said cemetery is situated, of such vacancy or vacancies in 
writing, and thereupon said county judge shall appoint some suit- 
able person or persons, residing within five (5) miles of said ceme- 
tery to fill such vacancy or vacancies; and that thereafter said trus- 
tees shall always be appointed by the county judge of the county in 
which said cemetery association is located, and shall be selected from 
suitable persons residing within five (5) miles of said cemetery or 
some part thereof. 

§ 5. Any such cemetery association, when so organized, shall have 
the right, and the same is hereby expressly given to such association, 
to acquire the necessary amount of land for the use of said cemetery 
association, which said land may be acquired by purchase or by gift; 
and said association is hereby authorized to receive by gift, devise, 
or bequest any property, either real, personal or mixed, which may 
be donated to such association, and to hold and keep inviolate any 
such property for the uses of said cemetery association. 

§ 6. Said cemetery association, when so organized, may divide 
and lay out into lots, any real estate which it may acquire, which 
said lots shall be of suitable size for burial lots, and when any such 
land is laid out into lots as herein provided, a plat of the same shall 
be made and recorded in the recorder's office of the county in which 
said cemetery association is located; and said cemetery association 
shall have the right to sell to any person or persons a lot or lots in 
said cemetery for burial purposes only, and to convey to such person 
or persons said lot by a proper deed of conveyance. 

§ 7. The treasurer of said cemetery association shall, from time 
to time, loan any money which said association may have, and which 
is not needed for the immediate use of said association, taking pro- 
per security therefor, and which said loan and the security for the 
same shall, before the same becomes effective, be approved by said 
board of trustees of said cemetery association. 

§ 8. No officer or trustee of said cemetery association shall re- 
ceive any compensation of any kind for any services rendered by 



92 CEMETERIES. 



him in behalf of said association, except the secretary of said associ- 
ation, who may receive such salary as may be fixed by the board of 
trustees. 

§ 9. No dividends shall be declared or paid to any officer or- 
other person from the funds of said cemetery association, but the 
same shall be kept inviolate, and to be used only for purposes of said 
association and the care, preservation and ornamentation of said 
cemetery. 

§ 10. The said board of trustees shall once in every three years, 
and oftener if required by the court, make full and complete report 
of the money and other property received by said association, and of 
the expenses of said association, and of the loans of money existing 
at the time of the making of such report, to the county judge of the 
county in which said association is located, and if said report is 
found by said county judge to be true and correct, he shall approve 
the same, and direct the clerk of the county court to record the same 
in the records of said court. But if the said county judge shall dis- 
approve of said report, he shall order said board of trustees to make 
true and correct report, and upon a failure of said board of trustees 
to make true and correct report, or to properly account for any and 
all money which may have come into their hands for the use of said 
association, then said county judge, by his written order, shall direct 
the State's attorney in and for said county to institute suit in any 
court of competent jurisdiction against said trustees, or such of them 
as are responsible for any misappropriation or wrongful use of said 
funds, in the name of the People of the State of Illinois, for the use 
of said association to recover from such trustees, so responsible for 
such misappropriation or wrongful use of said money of said associa- 
tion, the amount of money so misappropriated or wrongfully used, 
and it is hereby made the duty of such State's attorney, when so di- 
rected by said county court, to institute and prosecute such suit to 
final judgment. 

§ 11. For misconduct in office, any of said trustees of said ceme- 
tery association may be removed from office by order of the county 
judge of the county in which said association is situated. 

§ 12. Said board of trustees of said cemetery association may 
make any and all rules and regulations for the management of said 
association not inconsistent with this act, and may require that the 
treasurer of said association shall give bond for the safe keeping of 
any money and other property that may come into his hands as such 
treasurer. 

§ 13. Any cemetery association existing at the time of the pass- 
age of this act, or which may hereafter be organized, may, if it shall 
so desire, convey to any cemetery association organized under this 
act, the property of said association by a proper deed of conveyance, 
and thereafter, said cemetery shall be under the control, manage- 
ment and ownership of the association organized under this act, to 
which such transfer is made. 



CEMETERIES — CHARITIES. 



93 



§ 14. The property, both real and personal, of any association 
organized under this act, shall be forever exempt from taxation for 
any and all purposes. 

Approved May 14, 1903, 



CHARITIES. 



1 1. 



DEAF AND DUMB. INSTITUTION FOR-CHANGE OF NAME. 

Amends section 1, act of 1875, and changes name to "Illinois School for Deaf. 
Approved May 16, 1903. 



An Act to amend section one (1) of an act entitled "An act to regu- 
late the State charitable institutions, and the State Reform School 
and to improve their organization, and to increase their efficiency ," 
approved April 15, 1875, in force July 1, 1875. 

Section 1. Change of Name.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly: That 
section one (1) of an act entitled "An act to regulate the State 
charitable institutions, and the State Reform School and to improve 
their organization, and to increase their efficiency," approved April 
15, 1875, in force July 1, 1875, be, and hereby, is amended, so that 
the name and title of "The Illinois Institution for the Education of 
the Deaf and Dumb," at Jacksonville, shall be "Illinois School for 
the Deaf," and under this name and title the school herein named 
shall have, possess, be seized of and exercise all rights, privileges, 
franchises and estates which have hitherto belonged to, or may here- 
after inure to the institution named in this act. 

Approved May 16, 1903. 



SOLDIERS' AND SAILORS' HOME. 



i 1. Amends act of 1885. 



I 3a. Wives of inmates eligible to 
admission — erection of cot- 
tages by counties. 

I 3b. Provision as to pensioners. 



\ 3c. Wives of inmates not receiv- 
ing pensions. 

I 3d. Provisions as to widows of de- 
ceased inmates. 

Approved May 13, 1903. 



An Act to amend an act entitled "An act to establish and maintain 
a soldiers' and sailors' home in the State of Illinois, and making 
an appropriation for the purchase of land and the construction 
of the necessary buildings," approved June 26, 1885, in force July 
1, 1885, by adding thereto four sections, to be known as section 3a, 
section 3b, section 3c and section 3d respectively. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled "An act 
to establish and maintain a soldiers' and sailors' home in the State 



94 OHAEITIES. 



of Illinois, and making an appropriation for the purchase of land and 
the construction of the neoessary buildings," approved June 26, 1885, 
in force July 1, 1885, be, and the same is hereby, amended by adding 
thereto four sections, to be known as section 3a, section 3b, section 
3c and section 3d respectively, as follows : 

§ 3a. When any person who has been a soldier or a sailor is an 
inmate, or becomes an inmate of the Soldiers' and Sailors' Home at 
Quincy, the wife of such soldier or sailor shall be admitted as an in- 
mate of said home, subject to the rules and regulations adopted by 
the trustees of said home, to govern the admission of applicants: 
Provided, said wife and said soldier or sailor were married prior to 
January 1, 1880, and when said wife shall be of the age of 60 years 
or older: Provided, the board of supervisors or county commission- 
ers in each county of this State is hereby authorized to make appro- 
priations of money out of the general funds of such county for the 
purpose of erecting a cottage or cottages, or joining with other coun- 
ties to erect a cottage upon the grounds of said home, and buildings 
so erected shall always be for the use of soldiers and their wives, who 
are inmates of said home from such county; said buildings to be 
built under the rules and regulations of the board of trustees of said 
Soldiers' and Sailors' Home in the State of Illinois. 

§ 3b. Every pensioner residing in said home and accepting its 
benefits, and whose wife also resides therein and accepts its benefits, 
shall deposit with the superintendent of said home his pension money 
on receipt of his pension check, and said pension money, or so much 
thereof as may be necessary, shall be used, under the direction and 
supervision of said superintendent, for the purpose of clothing said 
wife. 

§ 3c. If the husband of any female inmate of said home does not 
receive a pension, the clothing for said female shall be furnished by 
the State of Illinois. 

§ 3d. Upon the death of any soldier or sailor, who is or may be 
an inmate of said home, the widow of such soldier or sailor shall be 
transferred to, and be received into the Soldiers' Widows' Home at 
Wilmington, if she so desires, and she shall not remain in said 
Soldiers' and Sailors' Home more than thirty days after the death of 
her husband. 

Approved May 13, 1903. 



CITIES, TOWNS AND VILLAGES. 95 



CITIES, TOWNS AND VILLAGES. 



CERTAIN ELECTIONS LEGALIZED. 

\ 1. Elections to incorporate under general I \ 2. Emergency. 

law-informalities cured-remedy. | Approyed May 15> 1908J 

An Act to legalize certain elections held under "An act to provide 
for the incorporation of cities and villages," approved April 10, 
1872, in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any city, 
town or village, since the amendment of section 1 article 1 of chapter 
24 of the revised statutes, approved February 26, 1881, has held an 
election to incorporate as a village or city under the general law, 
and such election has been held on some other day than the days in 
said section 1 of said statute provided, or if the returns of any elec- 
tion heretofore held to incorporate any city or village under the 
general law, have not been entered upon the records of such city or 
village or the county court, showing the canvass of votes and the 
result of such election, and a certified copy of such records filed and 
recorded in the office of the recorder of deeds in the county in which 
such city or village is situated, and filed in the office of the Secretary 
of State; such election, so held by any such village, city or town, if 
in other respects in compliance with the law, are hereby declared 
legal and valid: Provided, such returns of such elections are now, 
or shall be made within three months from the date upon which this 
act becomes effective, and certified copies of the same filed and 
recorded as required in section 13 of the act, to which this bill refers, 
and all elections of officers and organizations of any cities or villages 
in the State, under and by virtue of any such elections, if otherwise 
according to law, are hereby legalized and made effective, and all the 
acts of any such cities or villages, if otherwise legal, are also hereby 
made valid and binding. 

§ 2. Whereas, The election for city and village officers under 
said statute will occur on the third Tuesday of April, wherefore, an 
emergency exists, therefore this act shall be in force from and after 
its passage. 

Approved May 15, 1903. 



96 CITIES, TOWNS AND TILLAGES. 



ELEVATORS-REGULATION AND CONTROL OP. 

I 1. Municipal authorities may require op- I § 2. Examinations provided for. 

erators to be licensed. . , ,, ,„ ._„„ 

I Approved May 13, 1903. 

An Act to insure better protection of the public from accidents aris- 
ing out of elevator service. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the city council in 
cities and the board of trustees in towns and villages, shall have the 
power to adopt ordinances within their respective limits to provide 
for the examining, licensing, and regulation of persons having 
charge or control as starters or operators of all freight and passenger 
elevators run by hydraulic, electric, steam, water balance, compressed 
air or any other motive power, and to fix the amount of charges, 
terms and manner of issuing and revoking licenses to such persons; 
and to provide that it shall not be lawful for any person or persons 
to exercise, within the limits of the respective cities, towns and vil- 
lages which may adopt such ordinance, the business of operating 
freight or passenger elevators, or the business of controlling the run- 
ning of such elevators as starters or operators, without a license: 
and, to provide that any person violating the provisions of such 
ordinance shall be liable to a penalty for each breach thereof. 

§ 2. Such cities, towns and villages so adopting such ordinances 
shall have power to require that all persons engaged in such occupa- 
tion within their jurisdiction shall be of a certain age, and shall 
submit to an examination by a competent examiner, who shall be a 
practical and experienced elevator starter or operator, or board of 
such examiners to be appointed by the mayor or president of the 
board of trustees of such cities, towns and villages touching their 
competency and qualifications in regard to such occupation, with 
power to such examiner or board of examiners to license such per- 
sons as may be found capable and trustworthy in that behalf. 

Approved May 13, 1903. 



CITIES, TOWNS AND VILLAGES. 



97 



FIRE AND POLICE COMMISSIONERS. 



g 1. Mayor may appoint Are and police 
commissioners in certain cities. 

g 2. Appointment of commissioners— term 
of office. 

g 3. Qualifications. 

I i. Powers and duties of board. 

g 5. Board shall make rules for adminis- 
tration of act. 

g 6. Rules of board shall be published. 

g 7. Examination for positions in police 
and fire departments. 

g 8. Notice of examinations shall be pub- 
lished. 

g 9. Register shall be kept of applicants 
passing a successful examination- 
appointments from list. 

§ 10. Promotions— how made. 



g 11. Temporary appointments may be 
made. 

g 12. Removals for cause only— charges, in- 
vestigations, etc. 

g 13. Board shall make annual report to 
mayor. 

g 14. Secretary to board authorized. 

g 15. Board shall be nonpartisan. 

g 16. Rooms shall be provided for board by 
council. 

g 17. Compensation of secretary and mem- 
bers. 

g 18. Appeals from order of board. 

g 19. Adoption of act by cities. 

g 20. Emergency. 

Approved April 2, 1903. 



An Act to provide for the appointment of a board of fire and police 
commissioners in all cities of this State having a population of not 
less than seven thousand nor more than one hundred thousand, 
and prescribing the powers and duties of such board. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: In every city in this State 
having a population of not less than seven thousand (7,000) nor more 
than one hundred thousand (100,000) , there shall be appointed by 
the mayor, by and with the consent of the city council, a board of 
fire and police commissioners, consisting of three members, whose 
term of office shall be three years and until their respective succes- 
sors shall be appointed and qualified except as hereinafter provided. 
Provided, no such appointment shall be made by any such mayor 
within thirty (30) days before the expiration of his term of office. 

§ 2. The first appointments under this act shall be made within 
thirty days after the mayor chosen at the election by which this bill 
may be approved, shall have assumed the duties of his office. One 
of the members shall be then appointed to serve until the end of the 
then current municipal year, another to serve until the end of the 
municipal year next ensuing, and the third to serve until the end of 
the municipal year second next ensuing: Provided, that each of said 
members shall serve until his successor is appointed and qualified. 

§ 3. The members of said board shall possess the qualifications 
required of other officers of the city, shall take oath (or affirmation) 
of office and give bond in the same manner as other appointive offi- 
cers of the city, and shall be subject to removal from office as such 
other officers. 



98 CITIES, TOWNS AND VILLAGES. 



§ 4. Such board of fire and police commissioners shall appoint 
all officers and members of the fire and police department of such 
city: Provided, that all appointments to such department other 
than that of the lowest rank, shall be from the rank next below [that] 
to which the appointment shall be made. This act shall not include 
volunteer fire departments. 

§ 5. Such board of commissioners shall make rules to carry out 
the purpose of this act, and for appointments and removals in ac- 
cordance with its provisions, and the board may, from time to time, 
make changes in such rules. 

§ 6. All such rules and changes therein shall be forthwith printed 
for distribution, and such board shall give notice of the place or 
places where such printed rules may be obtained, by publication in 
the official paper of the city, if there be one, and if there be no 
official paper, then in a newspaper published in such city. In such 
publication shall be specified the date, not less than ten days subse- 
quent to the time of such publication, when such rules shall go into 
operation. 

§ 7. All applicants for position in the fire and police department, 
of such city shall be subjected to examination, which shall be public, 
competitive and free to all persons possessing the right of suffrage 
in such city, subject to reasonable limitations as to residence, age, 
health, habits and moral character. Such examinations shall be 
practical in their character, and shall relate to those matters which 
will fairly test the relative capacity of the persons examined to dis- 
charge the duties of the positions to which they seek to be appointed, 
and shall include tests of physical qualifications and health; but no 
such applicant shall be examined concerning his political or religious 
opinions or affiliations. Such examinations shall be conducted by 
said board of fire and police commissioners. 

§ 8. Notice of the time and place of every examination shall be 
given by the board by publication for two weeks preceding such ex- 
amination, in the official paper of such city, and such notice shall 
also be posted in a conspicuous place in the office of said board for 
two weeks previous to such examination. If there be no official paper 
of such city, such publication may be made in any newspaper of gen- 
eral circulation published in such city. 

§ 9. The board of fire and police commissioners shall prepare and 
keep a register of persons whose general average standing, upon ex- 
amination, is not less than the minimum fixed by the rules of such 
board, and who are otherwise eligible, and such persons shall take 
rank upon the register as candidates in the order of their relative ex- 
cellence, as determined by examination, without reference to priority 
of time of examination. 

§ 10. Such board of fire and police commissioners shall, by its 
rules, provide for promotion in the said department on the basis of 
ascertained merit and seniority in service and examination, and shall 
provide in all cases, where it is practicable, that vacancies shall be 
filled by promotion. All examinations for promotion shall be com- 



CITIES, TOWNS AND VILLAGES. 99 



petitive among such members of the next lower rank as desire to sub- 
mit themselves to such examination, and all promotions shall be made 
from the three having the highest rating. The method of examina- 
tion and the rules governing the same shall be the same as provided 
for applicants for original appointment. 

§ 11. Said board may, in order to prevent a stoppage of public 
business, to meet extraordinary exigencies, or to prevent material im- 
pairment of the police or fire department, make temporary appoint- 
ment, to remain in force until regular appointments may be made 
under the provisions of this act, and not in any event to exceed sixty 
days. 

§ 12. No officer or member of the fire or police department of any 
such city, who shall have been such for more than one year prior to 
the passage of this act, or who shall have been appointed under the 
rules and examination provided for by this act, shall be removed or 
discharged except for cause, upon written charges, and after an op- 
portunity to be heard in his own defense. Such charges shall be in- 
vestigated by such board of fire and police commissioners, and in 
case such officer or member be found guilty, such board may remove 
or discharge him, or may suspend him not exceeding ten days without 
pay. Said board of fire and police commissioners may suspend any 
officer pending such investigation, but not to exceed thirty days at 
any one time. In the conduct of such investigation each member of 
said board shall have power to administer oaths and affirmations, and 
said board shall have power to secure by its subpoena both the attend- 
ance and testimony of witnesses and the production of books and 
papers relevant to such investigation. 

§ 13. Such board of commissioners shall annually, at such time 
as the city council may provide, make to the mayor, to be by him 
transmitted to the city council, a report of its actings and doings, 
the rules in force and the practical effect thereof, and may in such 
report make such suggestions as such board believe will result in the 
greater efficiency of such departments. 

§ 14. Such board may employ a secretary, or may designate one 
of its own members to act as such. He, as such secretary, shall 
keep the minutes of its proceedings, shall be the custodian of all 
papers pertaining to the business of such board, keep a record of all 
examinations held and shall perform such other duties as such board 
shall prescribe. 

§ 15. No person holding any lucrative office under the United 
States, or this State, or any municipality, shall be a member of such 
board, and) the acceptance of such office by any such member shall 
be deemed and held as a resignation of his office by such member. 
Not more than two members of such board shall belong to or be 
members of the same political party. 

§ 16. The city council shall provide suitable rooms for such 
board of fire and police commissioners, and shall allow all reasonable 
use of public buildings for holding examinations by such board. 



100 CITIES, TOWNS AND VILLAGES. 

§ 17. The secretary shall be paid a reasonable compensation for 
his services, to be fixed by the city council. The city council shall 
also fix the compensation to be paid to the members of said board, 
but until the city council shall make provision therefor, the mem- 
bers of said board shall serve without compensation. 

§ 18. An appeal may be taken from an order of such board by 
any person interested or affected hereby, to the circuit court of the 
county in which said city may be located, by such person filing with 
the secretary of said board a bond with sufficient surety in the sum 
of one hundred dollars, conditioned that he will pay the oosts of such 
appeal in case they should be adjudged against him, and by paying 
to said secretary the necessary fee for entering such appeal in such 
circuit court within ten days after the entry of such order. The sec- 
retary shall forthwith transmit to the circuit court a complete tran- 
script of all matters and proceedings concerning the order appealed 
from, and the docket fee so deposited. 

§ 19. The electors of any city, of the population herein described; 
may adopt the provisions of this act in the following manner: 
Whenever the legal voters of said city equal in number to twenty 
per cent of the legal votes cast at the last general city election shall 
petition the city clerk, or the officer or officers whose duty it is to 
prepare the ballots, to submit the proposition as to whether such 
city shall adopt the provisions of this act, then it shall be the duty 
of such officer or officers to submit such proposition accordingly at 
the next succeeding regular city election, and if such proposition be 
not adopted at such election, the same may in like manner be sub- 
mitted to any regular city election thereafter. 

The proposition so to be voted for shall be prepared and provided 
for that purpose in the same manner as other ballots, and shall be 
substantially in the following form : 



For the adoption of the provisions of an act to 
provide for the appointment of a Board of Fire 
and Police Commissioners in all cities of this 
State having a population of not less than 7,000 
and not more than 100,000, and prescribing the 
powers and duties of such board. 



YES 



NO 



If a majority of the votes cast in said city at said election shall be 
for such proposition, then this act shall be declared adopted and in 
force in such city. 

§ 20. Whereas, An emergency exists for the immediate taking 
effect of this act, it shall be in force from and after its passage. 

Approved April 2, 1903. 



CITIES, TOWNS AND VILLAGES. 101 



LOCAL IMPROVEMENTS-PETITION AND ORDINANCE. 

I 1. Amends section 4, act of 1897. Approved May 11, 1903. 

§ 4. Ordinance for local improve- 
ments—adoption of ordinance 
in cities between 50.000 and 
20.000. 

An Act to amend section 4 an act entitled, il An act concerning local 
improvements" approved June 14, 1897, as amended April 19, 
1899. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section 4 of an act en- 
titled, "An act concerning local improvements," approved June 14, 
1897, and amended April 19, 1899, be, and the same is hereby, 
amended so as to read as follows: 

§ 4. When any such city, town or village shall, by ordinance pro- 
vide for the making of any local improvement, it shall, by the same 
ordinance, prescribe whether the same shall be made by special as- 
sessment, or by special taxation of contiguous property, or general 
taxation, or both. But in cities, towns or villages, having a popula- 
tion of less than fifty thousand and more than twenty thousand, 
ascertained as aforesaid, no ordinance for making any local improve- 
ment to be paid by special assessment or by special taxation of 
contiguous property, shall be adopted, unless the owners of one-half 
of the property abutting on the line of the proposed improvement, 
shall petition for the same. 

Approved May 11, 1903. 

LOCAL IMPROVEMENTS— PETITION AND ORDINANCE. 



I 1. Amends section 4. act of 1897. 

§ 4. Petition of property owners 
must precede ordinance in 
certain cities— petition of citi- 
zens for submission of ques- 
tion to electors. 



Approved May 15, 1903. 



An Act to amend section 4 of an act entitled "An act concerning 
local improvements. ," approved June 14, 1897, in force July 1, 
1897, as amended by act approved April 19, 1899, in force July 1, 
1899. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 4 of an act en- 
titled "An act concerning local improvements," approved June 14, 
1897, in force July 1, 1897, as amended by an act approved April 19, 
1899, in force July 1, 1899, be, and the same is hereby, amended so 
as to read as follows: 

§ 4. When any such city, town or village shall, by ordinance, pro- 
vide for the making of any local improvement, it shall, by the same 



102 



CITIES, TOWNS AND VILLAGES. 



ordinance, prescribe whether the same shall be made by special as- 
sessment, or by special taxation of contiguous property, or general 
taxation, or both. But in cities, towns and villages having a popu- 
lation of less than twenty-eight thousand (28,000), and more than 
(20,000), ascertained as aforesaid, no ordinance for making 
any local improvement to be paid by special assessment or by 
special taxation of contiguous property, shall be adopted, un- 
less the owners of one-half of the property abutting along the line of 
the proposed improvement shall petition for the same: Provided, 
however, that on a petition signed by one hundred property owners 
in cities, towns and villages containing a population, ascertained as 
aforesaid, of between twenty-eight thousand (28,000) and fifty thou- 
sand (50,000), the question may be submitted to a vote of the people 
at any general or special election, whether or not said improvements 
can be made, unless the same is petitioned for by at least one-half 
of the property owners abutting on the line of said improvement, and 
if a majority of all the votes cast at such election shall be in favor 
of said proposition, then a petition, as hereinbefore provided, shall 
be necessary in such city, town or village before such an ordinance 
can be passed. 

Appboved May 15, 1903. 



LOCAL IMPROVEMENTS-SPECIAL ASSESSMENTS. 



i 1. Amends sections 19. 38. 42, 61, 74 and 84, 
act of 1897. 

i? 19. Affidavit of ownership. 

2 38, Order for assessment. 

§ 42. Division of assessments into 
installments— payment of in- 
terest. 



I 61. Certifying of assessment roll 

§ 74. Letting contracts— approval. 

I 84. Crediting excess upon assess- 
ments—reports to court. 

Approved May 14, 1903. 



An Act to amend sections nineteen (19), thirty-eight (38), forty-two 
(42), sixty-one (61), seventy-four (74) and eighty- four (84), of 
an act entitled, "An act concerning local improvements," approved 
June 14, 1897, in force July 1, 1897, and all amendments thereto, 
and to validate all proceedings thereunder. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That sections nineteen (19), 
thirty-eight (38), forty- two (42), sixty-one (61), seventy-four (74) and 
eighty- four (84), of an act entitled, "An act concerning local im- 
provements," approved Jane 14, 1897, in force July 1, 1897, and all 
amendments thereto, be amended so as to read as follows, respec- 
tively: 

§ 19. Affidavit of Ownership. ] The superintendent of special 
assessments, or president of the board of local improvements (as the 
case may be) , shall file with said report an affidavit made by himself, 
or by some employ^ of his office, that the affiant has carefully ex- 
amined the records in the recorder's office of the said county for the 



CITIES, TOWNS AND VILLAGES. 103 



names of the owners of record of the several lots, blocks, tracts and 
parcels of land to be taken or damaged for said improvement, and 
also for the names of the owners of record of the respective lots, blocks, 
tracts and parcels of land against which benefits are assessed in said 
report, and that the names of such owners are correctly shown in 
the column or schedule of ownership in said report; also, that he has 
diligently inquired as to the residence of the respective owners of 
property to be taken or damaged for said improvement, and of all of 
the respective lots, blocks, tracts and parcels of land against which 
benefits have been assessed in said report (specifying the nature of 
the inquiry and examination he has made for that purpose) , and 
that the residences of the owners are correctly stated, according to 
the result of his said examination, in the column or schedule of resi- 
dences in said report; also, that in all cases where he has been un- 
able to find the residence of the owner of such record title, he has 
examined the return of the collector's warrant for taxes on real es- 
tate for the preceding year, and has set opposite each such parcel, 
whose owner has not been found, the name of the person who paid 
the tax on said parcel for the preceding year, together with his place 
of residence, wherever, on diligent inquiry, he was able to find the 
same. Said affidavit, or an affidavit filed therewith, shall further 
state that the affiant has visited each of the parcels of land to be 
taken or damaged for said improvement described in said report, for 
the purpose of ascertaining whether or not the same was occupied, 
and the name and residence of the occupant, if any, and that in every 
case where said parcels of land were found to be occupied, upon 
such investigation, the name of the occupant is stated in said report 
opposite such parcel, together with his residence, when ascertained. 
Such affidavit and report shall be prima facie evidence that the re- 
quirements of this act have been complied with. 

§ 38. Order for Assessment.] Upon the filing of such petition, 
the superintendent of special assessments, in cities where such officer 
is provided for by law, otherwise some competent person appointed 
by the president of the board of local improvements, shall make a 
true and impartial assessment of the cost of the said improvement 
upon the petitioning municipality and the property benefited by 
such improvement. 

§ 42. Division of Assessment into Installments — Payment 
of — Interest.] It shall be lawful to provide by the ordinance for 
any local improvement, any portion of the cost of which is to be 
defrayed by special assessment or special taxation, or by ordinance 
passed at any time before the confirmation of the assessment roll, 
that the aggregate amount assessed, and each individual assessment, 
and also the assessment against the municipality on account of 
property owned by the municipality and for public benefits, be 
divided into installments, not more than ten (10) in number: Pro- 
vided, however, that any such special assessment or special tax levy 
for building sewers, subways or viaducts may, in like manner, be 
divided into not exceeding twenty (20) installments. In all cases 



104 CITIES, TOWNS AND VILLAGES. 



such division shall be made so that all installments shall be equal in 
amount, except that all fractional amounts shall be added to the first 
installment, so as to leave the remaining installments of the aggre- 
gate equal in amount and each a multiple of one hundred dollars 
($100) . The first installment shall be due and payable on the second 
day of January next after the date of the first voucher issued on ac- 
count of work done, and the second installment one (1) year thereafter, 
and so on annually until all installments are paid; and it is hereby 
made the duty of the board of local improvements to file in the office 
of the clerk of the court in which such assessment was confirmed, a 
certificate signed by its secretary, of the date of said first voucher 
and of the amount thereof, within thirty (30) days after the issuance 
thereof. All installments shall bear interest as hereinafter provided 
until paid, at the rate of five (5) per centum per annum. Interest 
on assessments shall begin to run from the date of the first voucher 
issued on account of work done as aforesaid. The interest on each 
installment shall be payable as follows: On the second day of Jan- 
uary next succeeding the date of the first voucher aforesaid, so certi- 
fied as aforesaid, the interest accrued up to that time on all unpaid 
installments shall be due and payable and be collected with the 
installment, and thereafter the interest on all unpaid installments, 
then payable, shall be payable annually, and be due and payable at 
the same time as the installments maturing in such year, and be col- 
lected therewith. In all cases it shall be the duty of the municipal 
collectors, as the case may be, whenever payment is made of any in- 
stallment, to collect interest thereon up to the date of such payment, 
whether such payment be made at or after maturity. Any person 
may at any time pay the whole assessment against any lot, piece or 
parcel of land, or any installment thereof, with interest as provided 
herein up to the date of payment. Whenever any city, town or 
village has heretofore levied for any public improvement a special 
tax or a special assessment, payable in not to exceed ten (10) install- 
ments, of which all except the first draw interest at any rate 
specified in the ordinance under the authority of which such im- 
provement is made, not exceeding five (5) per cent per annum, and 
judgment has been duly entered in such proceeding confirming such 
tax or such assessment, payable as aforesaid, the judgment in such 
proceeding shall not be invalid because said assessment is so divided, 
or because the rate of interest therein is fixed at five or at four per 
cent, as the case may be, but all such judgments, unless void for 
other reasons, shall be valid and enforceable. And when improve- 
ment bonds shall have been issued for the purpose of anticipating 
the collection of the deferred installments of any such special tax or 
assessment, such bonds shall not, if otherwise valid, be void either 
because of the number of series into which tbey are divided, or the 
rate of interest they bear; but if such bonds are in other respects in 
compliance with the statutes of the State of Illinois in such case 
made and provided, they shall be valid and enforceable to the extent 



CITIES, TOWNS AND VILLAGES. 105 



that the tax or assessment against which they are levied is enforce- 
able, or any relevy thereof. The provisions of this section as to the 
division of installments and rate of interest shall apply to all cases 
pending in court and unconfirmed on July 1, 1903. 

§ 61. Certifying Roll.] Within thirty (30) days after the 
filing of the report of the amount and date of the first voucher issued 
on account of work done, as provided in section 42 of this act, as 
herein amended, the clerk of the court in which such judgment is 
rendered, shall certify the assessment roll and judgment, to the of- 
ficer of such city, village or town authorized to collect such special 
assessment; or, if there has been an appeal or writ of error taken on 
any part of such judgment, then he shall certify such part of the 
judgment as is not included in such appeal or writ of error, and such 
certification shall be filed by the officer receiving the same in his 
office. With such assessment roll and judgment, the clerk of such 
court shall also issue a warrant for the collection of such assessment. 
The court shall have power to recall such warrants as to all or any of 
the property affected at any time before payment or sale, in case the 
proceedings be abandoned by the petitioner or the judgment be va- 
cated or modified in a material respect as hereinbefore provided, but 
not otherwise, and in case said assessment roll has been abated, and 
the judgment reduced in accordance with the provisions of section 
eighty-four (84) of this act, the clerk of said court shall, within thirty 
(30) days thereafter, certify the said order of reduction or the said 
roll as so reduced or re-cast, under the directions of the court, to said 
officer so authorized to collect such special assessment, and shall 
issue a warrant for the collection of such assessment as so reduced 
or re-cast. 

§ 74. Letting contracts — Approval.] All contracts for the 
making of any public improvement, to be paid wholly or in part by 
special assessment or special tax, and any work or other public im- 
provements, when the expense thereof shall exceed five hundred dol- 
lars ($500) , shall be let to the lowest responsible bidder in the manner 
herein prescribed, such contracts to be approved by the president of 
the board of local improvements. In case of any work in which it is 
estimated that the work will not cost more than five hundred dollars 
($500), if after receiving bids it shall appear to said board of local 
improvements that said work can be performed better and cheaper 
by the city, town or village, or the authorities thereof, the authorities 
of the city, town or village shall perform said work and employ the 
necessary help therefor, and the cost of said work by said city, town 
or village, or the authorities thereof, shall in no case be more than 
the lowest bid received. 

§ 84. Crediting excess upon assessments — Report to court.] 
Within thirty (30) days after the final completion and acceptance of 
the work, as hereinbefore provided, the board of local improvements 
shall cause the cost thereof to be certified in writing to the court in 
which said assessment was confirmed, together with an amount esti- 
mated by the board to be required to pay the accruing interest on 



\ 



106 CITIES, TOWNS AND VILLAGES. 



bonds or vouchers issued to anticipate collection, and thereupon, if 
the total amount assessed for said improvement upon the public and 
private property exceeds the costs of the same, all of said excess, ex- 
cepting the amount required to pay such interest as herein provided 
for, shall be abated and the judgment reduced proportionately to the 
public and private property owners, and shall be credited pro rata 
upon the respective assessments for said improvements under direction 
of the court, and, in case the assessment is collectable in installments, 
such reduction shall [shall] be made so that all installments shall be 
equal in amount, except that all fractional amounts shall be added to 
the first installment so as to leave the remaining installments in the 
aggregate equal in amount and each a multiple of one hundred dol- 
lars ($100) . If, prior to the entry of the order abating and reducing 
said assessment, the same shall have been certified for collection 
pursuant to the provisions of section 61 of this act as herein 
amended, and any of the installments of such assessments so certified 
for collection have become due and payable, the reduction and 
abatement above referred to, shall be made pro rata upon the other 
installments; the intent and meaning hereof being that no property 
owner shall be required to pay to the collector a greater amount 
than his proportionate share of the cost of said work and of the 
interest that may accrue thereon. In every assessment proceeding 
in which the assessment shall be divided into installments, it shall 
also be the duty of the board of local improvements to state in said 
certificate whether or not the said improvement conforms substan- 
tially to the requirements of the original ordinance for the con- 
struction of the improvement, and to make an application to said 
court to consider and determine whether or not the facts stated in 
said certificate are true; and thereupon the court shall, upon such 
application, fix a time and place for a hearing upon the said petition, 
and shall enter the same of record, such time to be not less than 
fifteen (15) days after the filing of such certificate and application. 
Public notice shall be given of the time and place fixed for such 
hearing by posting and publishing in a newspaper, in the same 
manner and for the same period as provided in this act for publish- 
ing notice of application for the confirmation of the original assess- 
ment, the posting and publication of such notice to be not less than 
fifteen (15) days before the day fixed by such order for such hearing. 
At the time and place fixed by such notice, or at at any time 
thereafter, the court shall proceed to hear said application and any 
objections which may be filed thereto within the time fixed in such 
order, and upon such hearing the said certificate of the board of 
local improvements shall be prima facie evidence that the matters 
and things therein stated are true, but if any part thereof are con- 
troverted by objections duly filed upon such petition, the court shall 
hear and determine the same in a summary manner, and shall enter 
an order according to the fact. Such order of the court shall be 
conclusive upon all the parties and no appeal therefrom, or writ of 
error thereto, shall be allowed to review or reverse the same. If, 
upon such hearing, the court shall find against the allegations of the 



CITIES, TOWNS AND VILLAGES. 



107 



said certificate, it shall enter an order accordingly, but it shall then 
be the duty of the said board of local improvements to procure the 
completion of the said improvement in substantial accordance with 
the said ordinance, and said board may, from time to time, file addi- 
tional or supplemental applications or petitions in respect thereto, 
until the court shall be eventually satisfied that the allegations of 
such certificates or petitions are true, and that said improvement is 
constructed in substantial acoordanoe with the said ordinance. If, 
before the entry of such order upon such certificate, there shall have 
been issued to the contractor in the progress of any such work, any 
bonds to apply upon the contract price thereof, said contractor or 
the then owner or holder of such bonds, shall be entitled to receive 
in lieu thereof new bonds of equivalent amount, dated and issued 
after the entry of such order. 

Approved May 14, 1903. 



POLICE PENSION FUND. 



g 1. Amends sections 1, 2, 3, i, 6, 9, 10 and 11, 
act of 1887. 

2 1. How fund created. 

$ 2. Board of trustees — appoint- 
ment and election— term — 
who entitled to vote. 

i 3. Who shall be pensioned. 

\ 4. Physical disability — retiring 
from service — amount of 
pension. 



§ 6. Death in performance of duty 
—pension to widow— death in 
service. 

\ 9. Meetings of board— officers- 
certificate — record — list — 
quorum. 

\ 10. Powers of board. 

I 11. Treasurer's report to board. 
I 2. Repeal. 
I 3. Emergency. 
Approved May 16. 1903. 

An Act to amend sections 1, 2, 3,4, 6,9, 10 and 11 of an act entitled 
"An act to provide for the setting apart , formation and disburse- 
ment of a police pension fund in cities, villages and incorporated 
towns," approved April 29, 1887, in force July 1, 1887, as amended 
by an act approved April 24, 1899, in force July 1, 1899, as 
amended by act approved May 11, 1901, in force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That sections 1, 2, 3, 4, 6, 9, 
10 and 11 of an act entitled "An act to provide for the setting apart, 
formation and disbursement of a police pension fund in cities, vil- 
lages, and incorporated towns," approved April 29, 1887, in force 



108 CITIES, TOWNS AND VILLAGES. 



July 1, 1887, as amended by an act approved April 21, 1899, in force 
July 1, 1899, as amended by act approved May 11, 1901, in force July 
1, 1901, be amended so as to read as follows: 

§ 1. That in each city, village or incorporated town in this State , 
having a population of 50,000 inhabitants or more, there shall be set 
apart the following moneys to constitute a police pension fund: 

First. Three-fourths of all moneys received for taxes or for licenses 
upon dogs. 

Second. Three per cent of all moneys received from licenses for 
the keeping of saloons and dram shops, including licenses to whole- 
sale liquor dealers. 

Third. All moneys paid for special detail of police officers. 

Fourth. One per cent per month, which shall be paid or deducted 
from the pension of each and every police pensioner of such city, 
village or town. 

Fifth. All moneys received from fines imposed upon members of 
the police department of such city, village or town, for violation of 
the rules and regulations of the police department. 

Sixth. The proceeds of all sales of unclaimed, lost or stolen 
property. 

Seventh. One- fourth of all moneys received from licenses granted 
to pawn brokers, second-hand dealers and junk stores. 

Eighth. All moneys received as fees and for fines for carrying 
concealed weapons. 

Ninth. One-half of all costs collected for violations of city ordin- 
ances. 

Tenth. All rewards given or paid to members of such police force, 
except such as shall be excepted by the chief officer of police. 

Eleventh. One per cent per month, which shall be paid by or de- 
ducted from the salary of each and every member of the police 
department of such city, village or town: Provided, no such mem- 
ber shall be compelled to pay more than $1 a month from his salary. 

Twelfth Three per cent of all revenue collected or received by 
such city, village or incorporated town from all licenses issued by 
such city, village or incorporated town, not mentioned in this bill: 
Provided, however, that the sum so received from such three per 
cent shall in no case exceed the sum of twenty-five thousand dollars 
per annum. 

§ 2. A board composed of five members, residents of such city, 
village or town, to be chosen as hereinafter provided, shall be and 
constitute a board of trustees to provide for the disbursement of said 
fund or funds, and designate the beneficiaries thereof as herein 
directed, which board shall be known as the board of trustees of the 
police pension fund of such city, village or town. Three members of 
said board shall be residents of such city, village or town who shall 
not hold during their term of membership on said board any appoin- 



CITIES, TOWNS AND VILLAGES. 109 



tive or elective political offices or positions. They shall be appointed 
by the mayor or the president of the board of trustees of such city, 
village or town. One of said members shall serve for a period of one 
year, beginning on the second Tuesday in May, 1903. One of said 
members shall serve for a period of two years, beginning on the 
second Tuesday in May, 1903. The other members shall serve for a 
period of three years, beginning on the second Tuesday in May, 1903, 
The successors to any of the foregoing trustees shall serve for a period 
of three years each, or until such time as their successors are appointed 
and qualified. The two other persons who, with the members above 
designated shall constitute said board, shall be chosen, one from the 
active police force and one from the body of pensioners under this 
act, of such city, village or town. The members to be chosen from 
the active police force shall be elected by ballot at an annual election, 
at which election all members of the active police force shall be en- 
titled to vote. The members to be chosen from the body of pen- 
sioners under this act, shall be elected by ballot at an annual election, 
at which election all retired members of the police force, who are 
pensioners under this act and the widows of all deceased pensioners, 
who are pensioners under this act, shall be entitled to vote. In the 
event that there shall be no widow surviving, then the guardian of 
any children of such deceased pensioner, where such children are 
also pensioners, may cast the vote to which such widow would have 
been entitled had she survived. The election in this section provided 
for shall be held annually, on the third Monday of April, under the 
Australian ballot system, at such place or places in such city, village 
or town, under such regulations as shall be prescribed by the three 
appointive members of said board : Provided, however, that no per- 
son entitled to vote under the provisions of this section shall cast 
more than one vote at any such election. In the event of the death, 
resignation or inability to act of any member of said board, elected 
under the provisions of this section, the successor of such member 
shall be elected at a special election, which shall be called by said 
board and shall be conducted in the same manner as are the annual 
elections hereunder. Suitable rooms for offices and meetings of such 
board shall be assigned by the mayor or president of the board of 
trustees of such city, village or town. 

§ 3. Whenever any person at the time of the taking effect of said 
act, to which this is an amendment, or thereafter shall be duly ap- 
pointed and sworn, and have served for the period of twenty years 
or more upon the regularly constituted police force of such city, vil- 
lage or town of this State, subject to the provisions of this act, or 
where the combined years of service of any person upon the police 
force and the fire department, as aforesaid, of such city, village or 
town of this State, shall aggregate twenty years or more, said board 
shall order and direct that such person after becoming fifty years of 
age and his service on such police force shall have ceased, and all 
officers entitled to and having a pension under said act, to which this 
is an amendment, after the taking effect of this act shall be paid from 
such fund a yearly pension equal to one-half the amount of salary 



110 CITIES, TOWNS AND VILLAGES. 



attached to the rank which he may have held on said police force for 
one year immediately prior to the time of such retirement: Pro- 
vided, however, the maximum of said pension shall not exceed the 
sum of $900 and the minimum not less than $600. And after the 
decease of such member, his widow or minor child or children under 
sixteen years of age, if any survive him, shall be entitled to the pen- 
sion provided for in this act, of such a deceased husband or father; 
but nothing in this or any other section of this act shall warrant the 
payment of any annuity to any widow of a deceased member of said 
police department after she shall have re-married: And, provided 
further, that all police officers retired after twenty years' service in 
the police department of such city, village or town, and who are above 
the age of fifty years now on the police pension rolls shall receive 
the same pension now allowed them : Provided, that in no oase shall 
said pension exceed the sum of $900. 

§ 4. Whenever any person, while serving as a policeman, in any 
Buch city, village or town, shall become physically disabled while in, 
and in consequence of, the performance of his duty as suoh police- 
man, said board shall, upon his written request, or without such re- 
quest, if it deem it for the good of said police force, retire such 
person from active service, and order and direct that he be paid from 
said fund a yearly pension not exceeding one-half the amount of the 
salary attached to the rank which he may have held on said police 
force at the time of his retirement: Provided, that the maximum 
sum of such pension shall not exceed the sum of $900 per year, and 
the minimum not less than $600 per year: Provided, further, that 
whenever such disability shall cease such pension shall cease. 

§ 6. Whenever any member of the police force of such city, vil- 
lage or town shall lose his life while in the performance of his duty, 
or receive injuries from which he shall thereafter die, leaving a 
widow, or child or children under the age of sixteen years, then upon 
satisfactory proof of such facts made to it, such board shall order and 
direct that a yearly pension of one-half the salary received by said 
member, not to exceed $900 and the minimum not less than $600 
per year, shall be paid to such widow during her life, or if no widow, 
then to such child or children until they shall be sixteen years of 
age: Provided, if such widow, child or children shall marry, then 
such person so marrying shall thereafter receive no further pension 
from said fund: And, provided further, that whenever any member 
of the police force of such city, village or town, has been retired after 
twenty years' service, or physically disabled, shall then marry, such 
wife or child or children of such marriage shall, after his death, receive 
no pension from said fund. Whenever any member of a police force 
shall die after ten years' service therein, and while still in the service 
of such city, village or town, as such policeman, leaving a widow or 
child or children under the age of sixteen years, then upon satisfac- 
tory proof of such facts made to it, said board shall order and direct 
that a pension of one-half the salary, not exceeding the sum of 



CITIES, TOWNS AND VILLAGES. Ill 



shall be paid to such widow, or if there be no widow, then to such 
child or children until they shall be sixteen years of age, said pension 
to cease upon marriage, as provided above. 

§ 9. The board herein provided for shall hold quarterly meetings 
on the second Tuesday of July, October, January and April of each 
year, and special meetings upon the call of the president of said 
board. On the second Tuesday of July of each year, it shall select 
one of its members who shall act as the president of such board for 
the period of one year, or until such time as his successor is elected 
and qualified. Said board shall, on the same day, also select another 
of its members who shall act as the treasurer and also secretary of 
said board, for the period of one year or until such time as his suc- 
cessor is elected or qualified. Said board shall issue certificates 
signed by its president and secretary to the persons entitled thereto, 
of the amount of money ordered paid to such persons from said fund 
by said board, which certificates shall state for what purpose said 
payment is made. Said board shall keep a record of all its proceed- 
ings, which record shall be a public record. Said board shall submit 
quarterly to the board of trustees of such village or town, or the com- 
mon council of such city, a list of persons entitled to payments from 
the fund herein provided, stating the amount of such payments, and 
for what granted, as ordered by such board, which list shall be signed 
and certified by the treasurer and president of such board, and at- 
tested by such treasurer under oath: Provided, that no resolution 
shall be passed or order made for the payment of money unless by 
affirmative vote of a majority of the members of said board. 

§ 10. In addition to the other powers herein granted, the follow- 
ing further powers and authority are hereby conferred upon said 
board: 

First. The said board shall have exclusive control and manage- 
ment of the fund mentioned herein, and of all moneys donated, paid 
or assessed for the relief or pensioning of disabled, superannuated and 
retired members of the police department, their widows and minor 
children; the same to be placed by the treasurer of such board to the 
credit of such fund subject to the order of such board. 

Second. All rewards, moneys, gifts, fees or emoluments that may 
be paid or given for, or on account of extraordinary service by said 
police department or any member thereof, except when allowed to be 
retained by said member or given to endow a medal or other compet- 
itive reward, shall be paid into said pension fund. The said board 
may take by gift, grant, devise or bequest, any money, real estate, 
personal property, right of property, or other valuable thing, the in- 
come of which shall not exceed $100,000 on the whole of such money, 
real estate, personal property, right of property, or other valuable 
thing so obtained: Provided, that the sum of $300,000, which may 
be received and accumulated, shall be, when so received and accumu- 
lated, retained as a permanent fund, and thereupon and thereafter 
the annual income may be available for the uses and purposes of such 
pension fund. 



112 CITIES, TOWNS AND VILLAGES. 



Third. Said board of trustees shall have the power to draw such 
pension funds from the treasurer or other officials of such city, vil- 
lage or town, and may invest such fund, or any part thereof, in the 
name of the board of trustees of the police pension fund in interest 
bearing bonds of the United States, of the State of Illinois, or of any 
county of this State, or of any township or any municipal corpora- 
tion of the State of Illinois, and all such securities shall be deposited 
with the treasurer of said board, and shall be subject to the order of 
said board. Said treasurer of said board shall furnish a good and 
sufficient bond to said board for an amount to be fixed by said board, 
all costs incidental to same to be paid out of said pension fund. 

Fourth. The interest received from any such investment of said 
fund after said fund shall exceed the sum of $300,000, and all moneys 
in excess of said amount, shall be turned over to the treasurer of said 
city, village or town. 

Fifth. To compel witnesses to attend and testify before it, upon 
all matters connected with the operation of this act, in the same man- 
ner as is or may be provided by law for the taking of testimony 
before masters in chancery and its president, or any member of said 
board may administer oaths to such witnesses. 

Sixth. To appoint a clerk and define his duties. 

Seventh. To provide for the payment from said fund of all its 
necessary expenses, including clerk hire, printing and witness fees: 
Provided, that no compensation or emolument shall be paid to any 
member of said board for any duty required or performed under 
this act. 

Eighth. To make all necessary rules and regulations, for its 
guidance in conformity with the provisions of this act. 

§ 11. On the second Tuesday in May of each year, the treas- 
urer and all other officials of such city, village or town, 
who have had the custody or possession of any of such 
pension funds herein provided, shall make a sworn statement 
to the board of trustees of such police pension fund, and to 
the mayor of such city, or the president of the board of trustees 
of such village or town, of all moneys received and paid out by 
such official on account of said pension fund during the year, and of 
the amount of said funds then on hand and owing to said pension 
fund. All surplus then remaining on said official's hands shall be 
paid by him to the treasurer of said pension board: And, provided 
further, any such official shall at any and all times upon demand by 
said pension board furnish to said .board statements or information 
of any kind relative to said official's method of collection or handling 
of said pension funds: And, provided further, that all books and 
records of such official shall be produced at any time by said official 
for examination and inspection by said board of pension trustees, 
for the purposes herein provided. 

§ 2. All acts or parts of acts or amendments thereof heretofore 
enacted, and in any manner conflicting with the provisions of this 
act, are hereby expressly repealed. 



CITIES, TOWNS AND VILLAGES. 



113 



§ 3. Whereas, An emergency exists for the immediate taking 
effects [effect] of this act, therefore it shall be in force from and 
after its passage. 

Approved May 16, 1903. 



SANITARY DISTRICT-ENLARGEMENT OF CHICAGO DISTRICT. 



to district described at 



Construction of dams, 
etc. 



water-wheels 



g 6. Use of available power produced. 



I 7. 



Tax rate limited to one-fourth of one 
per cent. 



g 8. Federal laws to be observed. 

g 9. Adoption of act by majority vote. 

Approved May 14, 1903. 



g 1. Additions 
length. 

g 2. Drainage of added territory— Calumet 
feeder— Illinois and Michigan canal 
—navigation of channel— locks— land 
ceded for docks, shops, etc. 

g 3. Rules governing navigation of sani- 
tary channel. 

g 3. Power to levy tax in added territory 
restricted. 

An Act in relation to the sanitary district of Chicago, to enlarge 
the corporate limits of said district, and to provide for the navi- 
gation of the channels created by such district , and to construct 
dams, waterwheels and other works necessary to develop and 
render available the power arising from the water passing through 
its channels, and to levy taxes therefor. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the corporate limits of 
the sanitary district of Chicago be, and the same are hereby, ex- 
tended so as to embrace and include within the same, the territory 
and tracts of land situated in the county of Cook and State of Illi- 
nois, hereinafter described, as follows, viz. : 

First — The territory or tract of land bounded as follows: Begin- 
ning at the intersection of the county line between Lake and Cook 
counties, State of Illinois, with the west shore of Lake Michigan, 
running thence west along said county line to the northwest corner 
of section three (3) , township forty-two (42) north, range twelve 
(12), east of the third principal meridian; thence south to the south- 
east corner of section thirty-three (33) , township forty-two (42) 
north, range twelve (12), east of the third principal meridian; thence 
east to the northwest corner of section twelve (12), township forty- 
one (41) north, range twelve (12), east of the third principal meri- 
dian; thence south to the northwest corner of section twenty-five 
(25) , in said town and range; thence east to the northeast corner of 
the west half (\) of the west half (\) of said section [twenty-five] 
(25); thence south to the southeast corner of the west half (^) of 
the west half (^) of section thirty-six (36) in said town and range; 
thence east to the northeast corner of the west half (^) of section 1 
(1), township forty (40) north, range twelve (12) , east of the third 

—8. 



114 CITIES, TOWNS AND VILLAGES. 



principal meridian; thence south to the southeast corner of the west 
half (|) of section thirteen (13) in said township and range; thence 
east to the southeast corner of section thirteen (13) : thence east, north , 
northwest and east along the present boundary line of said sanitary- 
district of Chicago to the shore of Lake Michigan; thence north- 
westerly along the shore of Lake Michigan to the place of beginning. 

Second — The territory or tract of land bounded as follows, to-wit: 
Commencing at the northeast corner of section three (3) in township 
thirty-seven (37) north, range thirteen (13), east of the third prin- 
cipal meridian; running thence south to the southwest corner of sec- 
tion eleven (11), township thirty-six (36) north, range thirteen (13), 
east of the third principal meridian; thence east and south along the 
boundary lines of section fourteen (14), in said township thirty-six 
(36) to the southeast corner of said section fourteen (14), thence 
east to the southeast corner of section seventeen (17) , in township 
thirty-six (36) north, range (15) , east of the third principal meri- 
dian; thence north along the east boundary line of the State of Illi- 
nois to its intersection with the shore of Lake Michigan, thence 
along the shore of Lake Michigan to the south boundary line of the 
present sanitary district of Chioago; thence west along the present 
south boundary line of the said sanitary district of Chicago to the 
place of beginning. 

§ 2. The board of trustees of said sanitary district shall have the 
right to provide for the drainage of the additional territory added to 
said sanitary district by this act, by laying out, establishing, con- 
structing and maintaining one or more channels, drains, ditches and 
outlets for carrying off and disposing of the drainage (including the 
sewage) of such district, together with such adjuncts and additions 
thereto as may be necessary or proper to cause such channels or out- 
lets to accomplish the end for which they are designed in a satisfac- 
tory manner, and shall have the right to use what is known as the 
"Calumet feeder" of the Illinois and Michigan canal, and lands ad- 
jacent to such feeder belonging to the State of Illinois for the site of 
any such channel, within the limits of the county in which such dis- 
trict is situated, in such manner as said district may elect, and shall 
also have the right to construct a channel across said Illinois and 
Michigan canal, without being required to restore said Illinois and 
Michigan canal or said feeder to its former usefulness. If, by reason 
of said abandonment, a stagnant stream or pool of water shall remain 
upon the deposits of Chicago sewage, accumulated in said Illinois 
and Michigan canal by reason of its years of usefulness by the city of 
Chicago as a sewage outlet, said sanitary district shall fill up said 
canal to a depth sufficient to remove said condition, and prevent 
the spread of pestilence and disease throughout the territory in which 
said Illinois and Michigan canal is abandoned; and the other powers 
and jurisdiction of said sanitary district of Chicago, over and in con- 
nection with such added territory, shall be the same as that vested 
in it over the territory included within the limits of said sanitary 
district, as originally organized. Before said Calumet channel is 



CITIES, TOWNS AND VILLAGES. 115 



connected with the present main sanitary channel, gates of suitable 
pattern for shutting off the flow of water into said Calumet channel 
shall be installed at or near the connection of said Calumet channel 
with the Calumet river, and forever maintained for use in case of an 
emergency, and for the protection of the property and lives of resi- 
dents of the Illinois valley, and shall maintain the same proportion 
of dilution of sewage through such auxiliary channels as it may con- 
struct and join to its main channel as is now required by the act 
creating said sanitary district: Provided, however, that before any 
such channel is constructed across said Illinois and Michigan canal, 
or the navigation of said canal in any manner interfered with, said 
sanitary district of Chicago shall connect its present main channel 
from the controlling works at Lockport with the upper basin of the 
Illinois and Michigan canal at Joliet, by a channel of a depth of 
not less than ten (10) feet and a width of not less than 
one hundred and sixty (160) feet through its entire length, 
in which channel so to be constructed, said sanitary district shall 
provide and construct a lock or locks of the size of at least twenty- 
two (22) feet in width by one hundred and thirty (130) feet in length 
between mitre sills, connecting upper and lower levels, and provide 
suitable protection for water craft in using said locks and channel. 
Said locks shall be constructed of the most approved pattern of their 
size, and be perfectly safe for use, and be equipped with machinery 
to operate the same; and if only one lock is constructed, it shall be 
provided with double gates to prevent accident and said sanitary dis- 
trict shall forever maintain and operate the same: Provided further, 
that said sanitary district shall furnish and provide at said lock a 
site of the dimensions of at least twenty by thirty feet upon which the 
State, through the Canal Commissioners shall have the right to erect 
a suitable office building and keep an agent therein, and the Canal 
Commissioners shall have such authority in and about said lock as is 
necessary to enforce the rules and regulations prescribed by them 
pertaining to and governing navigation on the Illinois and Michigan 
canal: Provided further, that said sanitary district shall furnish, 
free of all expense, for the perpetual use of the Canal Commissioners, 
at some point in the township of Lockport to be agreed upon by the 
Canal Commissioners and the sanitary district trustees, a strip or 
parcel of land bordering upon said sanitary channel, eight hundred 
(800) feet in length and one hundred and thirty feet (130) feet in 
width, filling the same to a suitable depth to provide suitable road- 
ways for approaches, whereon may be located, constructed and op- 
erated, docks, shops, barns and other buildings controlled by the 
Canal Commissioners and used in connection with the operation of 
the Illinois and Michigan Canal. 

§ 3. Said sanitary district shall permit all water craft navigating, 
or purposing to navigate said Illinois and Michigan Canal, to navi- 
gate the water of all said channels of said sanitary district promptly, 
without delay and without payment of any tolls or lockage charges 
for so navigating in said channels. The rules of the United States 
government now in force, regulating navigation on the Chicago 



116 CITIES, TOWNS AND VILLAGES. 



liver, shall govern navigation on the channels of said sanitary district 
cf Chicago: Provided, however, that the speed of all vessels while 
passing through the earth sections shall not exceed eight (8) miles 
per hour. 

§ 4. Said sanitary district of Chicago shall have no power to 
levy and collect any special assessment or special tax upon any part 
of said added territory to defray or pay any part of the cost, either 
of the work heretofore done by said sanitary district, or any main 
channel hereafter to be constructed in said added territory. 

§ 5. That the said sanitary district of Chicago is hereby author- 
ized to construct all such dams, waterwheels and other works north 
of the upper basin of the Illinois and Michigan Canal as may be 
necessary or appropriate to develop and render available the power 
arising from the water passing through its main channel and any 
auxiliary channels now, or hereafter, constructed by said district. 

§ 6. That the power made available by the works constructed 
under the provisions of this act shall be converted into electrical 
energy, and shall be transmitted to the various cities, villages and 
towns within said sanitary district, or adjacent to the main channel 
of said sanitary district, and may be used in the lighting of said 
cities, villages and towns, or parts thereof, or for the operation of 
pumping plants or machinery used for municipal purposes or for 
public service, or may be disposed of to any other person or corpora- 
tion, upon such terms and conditions as may be agreed to by the 
said sanitary district: Provided, however, that it shall be the duty 
of said sanitary district to utilize so much of said power as may be 
required for that purpose to operate the pumping stations, bridges 
and other machinery of said sanitary district. 

§ 7. That for the purpose of meeting the expenditures arising 
from the exercise of the powers conferred by sections five and six of 
this act upon the said sanitary district, the said sanitary district of 
Chicago is hereby authorized to levy and collect in each year, for a 
period of three years (in addition to the taxes which said district is 
now by law authorized to levy and collect) , a tax of not exceeding 
one-fourth of one per cent of the value of the taxable property 
within the corporate limits of said district, as the same shall be 
assessed and equalized for the State and county taxes of the year in 
which the levy is made: Provided further, that the county clerk, 
in extending said one-fourth of one per cent tax upon the taxable 
property within said sanitary district, shall not in any event reduce 
the same, but, in that respect, said one-fourth of one per cent shall 
not be subject to the provisions of an act entitled, "An act concern- 
ing the levy and extension of taxes," approved May 9, 1901. 

§ 8. The said sanitary district shall, at the expense of said dis- 
trict, in all respects comply with the provisions of the acts of Con- 
gress of March 22, 1822, and March 2, 1827, as construed by the 
courts of last resort of the State of Illinois and of the United States, 



CITIES, TOWNS AND VILLAGES. ll/J 



in relation to the Illinois and Michigan Canal, so far as it affects that 
portion of the Illinois and Michigan Canal vacated or abandoned by 
the terms of this act. 

§ 9. If, within sixty (60) days after the passage of this act, a peti 
tion signed by not less than three per cent of the legal voters of the 
territory within the limits of the sanitary district of Chicago, as the 
same are enlarged by the terms of this act, praying that the question 
of the adoption of this act shall be submitted to a vote of the electors 
of the territory within the said limits of the said sanitary district of 
Chicago, shall be filed with the clerk of said sanitary district, then and 
in such case, the question of the adoption of this act shall be sub- 
mitted to a vote of the said electors as in said petition prayed, at the 
general election to be held in the county of Cook, in November, 1904, 
and in such case this act shall not be in force, unless a majority of the 
votes cast at said election upon the question of the adoption of this act 
shall be in favor of the adoption thereof. It shall be the duty of the 
election officers having charge of the preparation of the ballots, and 
the giving of the notices of election, and of the counting, canvassing 
and making return of the ballots, to take all necessary steps and do 
all necessary acts to cause the said question of the adoption of this 
act to be submitted to a vote as hereinbefore provided, and to cause 
the result of such election to be canvassed and certified, as provided 
by law in other similar cases. 

Approved May 14, 1903. 



VILLAGE PRESIDENT-ELECTION AND TERM OF OFFICE. 

I 1. Extends term of office of village president to two years— emergency. 
Approved April 17. 1903. 

An Act to amend section 1 of an act entitled "An act concerning 
villages and incorporated towns" approved June 9, 1887, in force 
July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 1 of an act en- 
titled "An act concerning villages and incorporated towns," approved 
June 9, 1887, in force July 1, 1887, be, and the same is hereby, 
amended to read as follows: 

Section 1. That in addition to the trustees and officers required 
by law, a president of each and every village and incorporated town 
shall hereafter be elected, one every two years by the voters of such 
village or town, at the regular election of such village or town, com- 
mencing with the election of such village or town held in the year A. 
D. 1903, and said president of any village or incorporated town shall 
hold his office for the term of two years, and until his successor is 
elected and qualified. 



118 CITIES, TOWNS AND VILLAGES — CONVEYANCES. 



The president of any village or incorporated town shall be presi- 
dent of the board of trustees thereof, and shall preside at all meet- 
ings of said board, and shall have the same powers and perform the 
same duties as are or may be given by law to the mayor in cities, or 
that have heretofore been given to the president of the board of trus- 
tees in villages, but he shall not vote, except in case of a tie, when he 
shall give the casting vote. Whereas, The next village election will 
take place on the third Tuesday in April, 1903, and an emergency 
exists, this act shall take effect from and after its passage. 

Approved April 17, 1903. 



CONVEYANCES. 



acknowledgments of deeds, mortgages, etc. 

§ 1. First— Acknowledgments taken within the State; second— without this State but with- 
in the United States; third— outside of the United States. Approved May 28, 1903. 

An Act to amend section 20 of an act entitled, "An act concerning 
conveyances" approved March 29, 1872, and in force July 1, 1872, 
as amended by an act approved March 27, 1874, in force July 1, 
1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section twenty (20) of 
an act entitled, "An act concerning conveyances," approved March 
29, 1872. and in force July 1, 1872, as amended by an act approved 
March 27, 1874, in force July 1, 1874, be amended so as to read as 
follows: 

§ 20. Deeds, mortgages, conveyances, releases, powers of attorney 
or other writings of or relating to the sale, conveyance or other dis- 
position of real estate or any interest therein whereby the rights of 
any person may be affected in law or in equity, may be acknowledged 
or proven before some one of the following courts or officers, namely: 

First. When acknowledged or proven within this State, before a 
master in chancery, notary public, United States commissioner, 
county clerk, justice of the peace or any court of record having a 
seal, or any judge, justice, clerk or deputy clerk of any such court. 
When taken before a notary public or United States commissioner, 
the same shall be attested by his official seal ; when taken before a court 
or the clerk thereof , 'or a deputy clerk thereof, the same shall be attested 
by the seal of such court; and when taken before a justice of the 
peace there shall be added the certificate of the county clerk under 
his seal of office that the person taking such acknowledgment or 
proof was a justice of the peace in said county at the time of taking 
the same. If the justice of the peace reside in the county where the 
lands mentioned in the instrument are situated, no such certificate 
shall be required. 



CONVEYANCES. 119 



Second. When acknowledged or proved without this State and 
within the United States, or any of its territories or dependencies or 
the District of Columbia, before a justice of the peace, notary public, 
master in chancery, United States commissioner, commissioner to 
take acknowledgments of deeds, mayor of city, clerk of a county, or 
before any judge, justice, clerk or deputy clerk of the supreme, cir- 
cuit or district court of the United States, or before any judge, jus- 
tice, clerk or deputy clerk, prothonotary, surrogate, or registrar of the 
supreme, circuit, superior, district, county, common pleas, probate, 
orphan's or surrogate's court of any of the states, territories or de- 
pendencies of the United States. In any dependency of the United 
States such acknowledgment of proof may also be taken or made 
before any commissioned officer in the military service of the United 
States. When such acknowledgment or proof is made before a 
notary public, United States commissioner or commissioner of deeds, 
it shall be certified under his seal of office. If taken before a mayor 
of a city it shall be certified under the seal of the city; if before a 
clerk, deputy clerk, prothonotary, registrar or surrogate, then under 
the seal of his court; if before a justice of the peace or a master in 
chancery there shall be added a certificate of the proper clerk under 
the seal of his office setting forth that the person before whom such 
proof or acknowledgment was made was a justice of the peace or 
master in chancery at the time of taking such acknowledgment or 
proof. An acknowledgment or proof of execution of any instru- 
ment aforesaid, may be made in conformity with the laws of the state, 
territory, dependency or district where it is made: Provided, that if 
any clerk of any court of record within such state, territory, depen- 
dency or district shall under his hand and the seal of such court, 
certify that such acknowledgment or proof was made in conformity 
with the laws of such state, territory, dependency or district, or it 
shall so appear by the laws of such state, territory, dependency or 
district, such instrument or a duly proved or certified copy of the 
record of such deed, mortgage or other instrument relating to real 
estate heretofore or hereafter made and recorded in the proper county 
may be read in evidence as in other cases of such certified copies. 

Third. When acknowledged or proven without the United States, 
then before any court of any republic, dominion, state, kingdom, 
empire, colony, territory, or dependency having a seal, or before any 
judge, justice or clerk thereof, or before any mayor or chief officer of 
any city or town having a seal, or before a notary public or commis- 
sioner of deeds, or any ambassador, minister or secretary of legation 
or consul of the United States or vice consul, deputy consul, commer- 
cial agent or consular agent of the United States in anv foreign re- 
public, dominion, state, kingdom, empire, colony, territory or 
dependency attested by his official seal, or before any officer author- 
ized by the laws of the place where such acknowledgment or proof is 
made to take acknowledgments of conveyances of real estate or to 
administer oaths in proof of the execution of conveyances of real 
estate. Such acknowledgments to be attested by the official seal, if 
any, of such court or officer, and in case such acknowledgment or 



120 CONVEYANCES. 



proof is taken or made before a court or officer having no official seal, 
a certificate shall be added by some ambassador, minister, secretary 
of legation, consul, vice consul, deputy consul, commercial agent or 
consular agent of the United States residing in such republic, 
dominion, state, kingdom, empire, colony, territory or dependency 
under his official seal, showing that such court or officer was duly 
elected, appointed or created and acting at the time such acknow- 
ledgment or proof was made. 

Fourth. All deeds or other instruments or copies of the record 
thereof duly certified or proven which have been heretofore acknow- 
ledged or proven before either of the courts or officers in this act 
mentioned and in the manner herein provided, shall be deemed to be 
good and effectual in law, and the same may be read in evidence 
without further proof of their execution, with the same effect as if 
this act had been in force at the date of such acknowledgment or 
proof. 

Approved April 28, 1908. 



ACKNOWLEDGMENTS OP DEEDS, MORTGAGES, ETC. 

I 2. Emergency. 



Approved May 15. 1903. 



§ 1. Acknowledgment taken by notary or 
justice who is officer or stockholder 
of a corporation declared valid— act 
retroactive. 

An Act to legalize acknowledgments of deeds, mortgages and other 
instruments in writing, heretofore taken by any notary public, 
justice of the peace or other officer, who may have been a stock- 
holder in any such corporation at the time of taking such ac- 
knowledgment. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That all deeds, mortgages or 
other instruments in writing, relating to or affecting any real estate 
situated in this State, wherein a corporation was or may be the 
grantor, mortgagor, grantee, or mortgagee, which have been ac- 
knowledged or proven before any notary public, justice of the peace 
or other officer authorized by the statutes of this State to take 
acknowledgments of such instruments in writing, when so acknowl- 
edged or proven, in conformity with the statutes of this State, shall 
be adjudged and treated by all courts of this State as legally exe- 
cuted and acknowledged or proven, notwithstanding such acknowl- 
edgements or proof of the execution thereof were taken before a 
notary public, justice of the peace, or such other officer who was, or 
may have been at the time of such acknowledgment, a stockholder 
or officer of such corporation; and all such acknowledgments or 
proof of such deeds, mortgages or other instruments in writing here- 



CONVEYANCES. 121 



tofore taken before any such notaries public or other officers, who 
were at the time of such execution, acknowledgment or proof, a 
stockholder or officer of such corporation, are hereby legalized. 

§ 2. Whereas, An emergency exists, therefore, this act shall take 
effect from and after its passage. 

Approved May 15, 1903. 



REGISTRATION OF TITLES UNDER TORRENS LAND TITLE SYSTEM. 



I 2. Adoption of this act in counties already 
having adopted original act. 

Approved May 18. 1903. 



3 1. Amends sections 7 and 18, Act of 1897. 

2 7. Application for registration by 
owner or guardian— executors 
and administrators — duties 
concerning registration. 

1 18. Proceedings after filing appli- 
cation for registration— evi- 
dence competent for examiner 
to receive. 

An Act to amend sections seven (7) and eighteen (18) of an act en- 
titled, "An act concerning land titles," approved and in force 
May 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly; That sections seven (7) and 
eighteen (18) of an act entitled, "An act concerning land titles," ap- 
proved and in force May 1, 1897, be amended so as to read as follows: 

§ 7. The owner of any estate or interest in land, whether legal 
or equitable, may apply, as hereinafter mentioned, to have his title 
registered. He may apply in person, or by an attorney in fact au- 
thorized so to do; a corporation may apply by its authorized agent; 
an infant by his natural or legal guardian; any other person, under 
disability, by his legal guardian. Except in applications by execu- 
tors and administrators, the person in whose behalf the application 
is made, shall be named as applicant. It shall be the duty of all ex- 
ecutors and administrators, appointed after the adoption of this act 
and trustees holding title or power of sale under wills admitted to 
probate after that date, to apply within six months after their ap- 
pointment, to have registered the titles to all non-registered estates 
and interests in land (situated in any county in which this act at the 
time is in force) , which the several decedents they represent might 
have registered in their lifetime in their own right. Such applica- 
tion shall set forth the names and addresses of the persons entitled 
to the estate or interest sought to be registered, and any such per- 
son, not joining in the application, shall be made a defendant. The 
court, in its final decree, in addition to what is provided in the sub- 
sequent sections of this act, shall determine the several titles and in- 
terests of the persons claiming under the decedent, and declare the 
same, and decree in whom registration shall be made. Land so 
registered shall be subject to be sold for the debts of the estate of 
the decedent, as now provided by law: Provided, that the court of 



122 CONVEYANCES. 



probate jurisdiction of the county in which the land is situated, in 
cases where registration may appear to be a hardship, may, by an 
order entered of record, excuse such application for registration as 
to the whole, or any part of the land. 

§ 18. Immediately upon the filing of the application, an order 
may be entered referring the same to one of the examiners of title 
appointed by the registrar, who shall proceed to examine into the 
title and into the truth of the matter set forth in the application, 
and particularly whether the land is occupied, the nature of the oc- 
cupation, if occupied, and by what right, and make report in writing 
to the court, the substance of the proof and his conclusions there- 
from. He shall have power to administer oaths and examine wit- 
nesses, and may, at any time, apply to the court for directions in 
any matter concerning his investigation. The examiner may receive 
in evidence any abstract of title or certified copy thereof, made in 
the ordinary course of business by makers of abstracts; but the same 
shall not be held as more than prima facie evidence of title, and any 
part or parts thereof may be controverted by other competent proofs. 
He shall not be required to report to the court the evidence submit- 
ted to him, except upon the request of some party to the proceeding, 
or by the direction of the court. No report shall be made upon such 
application, until after the expiration of the time specified in the 
notice hereinafter provided for the appearance of the defendants, 
and in case of such appearance, until opportunity is given to such 
defendant to contest the rights of the applicant in such manner as 
shall be allowed by the court. 

§ 2. The provisions of this act shall not apply to land in any 
county, where the act of which this act is an amendment has been 
adopted, until this act shall have been adopted by a vote of the peo- 
ple of the county, at an election to be held on Tuesday next after 
the first Monday in November, or any election for the election of 
judges of the year in which the question is submitted. The ques- 
tion may be submitted in the following manner: In any county of 
the first or second class, as the same are classified in the act con- 
cerning fees and salaries, on the petition of not less than one-half of 
the legal voters, to be ascertained by the vote cast at the last preced- 
ing election for county officers, or in any county of the third class 
upon petition of not less than twenty-five hundred (2,500) legal 
voters praying the submission of the question of the adoption of this 
act, the clerk shall give notice that such question will be submitted 
at such election, and shall cause to be printed at the top of the bal- 
lots to be used for said election: 



For extension of the Torrens land title system 




Against extension of the Torrens land title system 





CONVEYANCES— CORPORATIONS. 123 



The votes cast upon that question shall be counted, canvassed and 
returned as in the case of the election of county officers. If the ma- 
jority of the votes cast on that subject shall be for extension of the 
Torrens land title system, this act shall thereafter be in force, and 
apply to lands in that county. If the majority of the first submis- 
sion is not in favor of such extension, the question shall not be 
again submitted before the second year thereafter. 

Approved May 18, 1903. 



CORPORATIONS. 



annual reports to secretary op state. 

§ 1. Amend section 2, act of 1901. Approved May 13, 1903. 

§ 2, Reports made annually— must 
be signed and sworn to by of- 
ficer—fee for filing— cancella- 
tion of charter. 

An Act to amend section 2 of an act entitled, "An act requiring 
corporations to make annual report to the Secretary of State, 
and providing for the cancellation of articles of incorporation for 
failure to do so, and to repeal a certain act therein named," ap- 
proved May 10, 1901, in force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section two (2) of an 
act entitled, "An act requiring corporations to make annual report 
to the Secretary of State, and providing for the cancellation of 
articles of incorporation for failure to do so, and to repeal a certain 
act therein named," approved May 10, 1901, in force July 1, 1901, 
be, and is hereby, amended to read as follows: 

§ 2. Every incorporated company other than railroad, banking, 
building and loan and insurance companies, religious corporations, 
and corporations not organized for pecuniary profit, existing by 
virtue of any general or special law of this State, or hereafter or- 
ganized by virtue of any law of this State, shall annually, between 
the first day of February and the first day of March report to the 
Secretary of State the location of its principal office in this State, with 
town, street and number, the names of its officers with their residence, 
stating the town, street and number with the date of the expiration of 
their respective terms of office; whether or not the corporation is 
pursuing an active business under its charter, and the kind of busi- 
ness engaged in, if any, which said report shall be made under the 
seal of the corporation, and shall be signed and sworn to by the 
president, secretary, or other officer of the corporation, and, in case 
said corporation is in the hands of an assignee or receiver, then such 



124 



CORPORATIONS. 



report shall be signed and sworn to by such assignee or receiver, 
which said report, together with a fee of one dollar ($1) for filing the 
same, shall be sent to the Secretary of State, in whose office it shall 
be filed. The Secretary of State shall in no case receive or file said 
report until said fee is paid, and a failure to make said report and 
pay said fee shall be prima facie evidence that said corporation is 
out of business, and shall work a forfeiture of the charter of such 
corporation. And it is hereby made the duty of the Secretary of 
State to enter upon the records of his office, as soon as practicable 
after default in making such report, the cancellation of the charter 
of all corporations failing to make said report, at the time and in 
the manner herein provided. 

Approved May 13, 1903. 



BUILDING. LOAN AND HOMESTEAD ASSOCIATIONS. 



■> 1. Amends sections 5a, 5b, 5c, 5d, 6a, 6b, 6d, 
7,8,13,14,15. 18, 22, act of 1879 and adds 
sections lb and 8b thereto. 



lb. 



5a. 



Funds to supply homes— when 
unlawful to create—penalty. 



Directors and officers bona fide 
shareholders. 
i 5b. Officers' bonds. 
2 5c. Power to borrow money. 
§ 5d. Matured shares. 
2 6a. Capital to be accumulated. 
2 6b. Withdrawals— voluntary. 
2 6d. Withdrawals— involuntary. 



2 7. Who may become subscribers. 
2 8. Meeting of directors— loans. 
2 8b. Life insurance. 
2 13. Purchase of real estate— when. 
2 14. Existence may be extended. 

2 15. Annual report to Auditor— pen- 
alties. 

2 18. Auditing committee— compen- 
sation. 

2 22. Voting— adoption of resolution 
to reorganize or liquidate. 

§ 24. Dissolution— report and record. 

Approved May 16. 1903. 



An Act to amend sections 5a, 5b, 5c, 5d, 6a, 6b, 6d, 7, 8, 13, 14, 15, 
18, 22 and 24 of an act entitled "An act to enable associations of 
persons to become a body corporate to raise funds to be loaned only 
among the members of such associations," in force July 1, 1879, as 
amended by acts approved June 17, 1887, in force July 1, 1887, 
June 19, 1891; in force July 1, 1891, June 19, 1893; in force July 
1, 1893, June 16, 1897; in force July 1, 1897, and April 24, 1899; 
in force July 1, 1899; and by adding thereto sections lb and 8b. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 5a, 5b, 5c, 5d, 
6a, 6b, 6d, 7, 8, 13, 14, 15, 18, 22 and 24 of an act entitled "An act to 
enable associations of persons to become a body corporate to raise 
funds to be loaned only among the members of such associations," 
in force July 1, 1879; as amended by acts approved June 17, 1887, 
in force July 1, 1887, June 19, 1891; in force July 1, 1891, June 19, 
1893; in force July 1, 1893, June 16, 1897; in force July 1, 1897, and 
April 24, 1899; in force July 1, 1899; be amended to read as follows, 
and that sections lb and 8b be added thereto, to read as follows: 



CONVEYANCES — CORPORATIONS. 125 



§ lb. It shall be unlawful for any company, association, corpora- 
tion, organization or co-partnership, assuming to be a company or 
corporation, to transact business in this State for the purpose of re- 
ceiving or accepting moneys from their subscribers, contributors or 
members, in installments for the purpose of creating a fund with 
which to supply homes unless such company, [any] association, 
corporations, organization or co-partnership is organized and doing 
business under this act, and whoever violates any provision of this 
section shall be punished by a fine of not more than one thousand 
dollars ($1,000) . The same may be recovered in any court having 
competent jurisdiction in the name of the People of the State of Ill- 
inois on the relation of the Auditor of Public Accounts for the bene- 
fit of the county wherein said person or persons, association or cor- 
poration is located. 

§ 5a. Directors— Officers.] The corporate powers shall be 
exercised by a board of directors of not less than seven in number, 
all of whom shall be bona fide shareholders in such association and 
residents of the State of Illinois. The officers shall consist of a 
president, vice-president, secretary and treasurer, to be elected at the 
annual meeting of the directors. The duties of the officers, their 
term of office, the time and manner of their election, the manner of 
filling vacancies, the time of holding periodical meetings of the offi- 
cers and shareholders, the manner of calling all special meetings not 
provided for in this act, and manner of voting, shall be determined 
by the by-laws, when not provided in this act, and unless the com- 
pensation of the secretary and treasurer shall be provided for in the 
by-laws, the directors shall annually fix and determine the same. 

§ 5b. Officers' Bonds ] Every person appointed or elected to 
any position requiring the receipt, payment, management or use of 
money belonging to such association shall, within thirty (30) days 
after such appointment or election, become bounden with two or 
more good and sufficient sureties, or in some good and responsible 
fidelity insurance company, in such sum as the directors shall re- 
quire and approve. Such bonds shall be executed annually and 
shall be filed with the Auditor of Public Accounts of this State 
within ten days next after the approval thereof by the board of di- 
rectors, and the fee for filing the same shall be one dollar. Such 
bond shall be sufficient in amount to protect the association from 
loss by reason of malfeasance in office or failure to faithfully perform 
and discharge the duties of his position: No officer or employe who 
is required to give bond, shall be deemed qualified to enter upon the 
discharge of his duties until his bond shall have been approved by a 
majority of the board of directors by a written endorsement thereon 
and filed with the Auditor of Public Accounts as herein required. 
Any officer or employe who shall wilfully neglect or refuse to file 
such bond at the time and manner as is herein provided, shall be 
subject to a fine cf not less than twenty-five dollars nor more than 
two hundred dollars. The same may be recovered in any court hav- 
ing competent jurisdiction in the name of the People of the State of 



126 CONVEYANCES — CORPORATIONS. 



Illinois on , the relation of the said Auditor, for the benefit of the 
county wherein the said association is located, or in which such 
officer or officers may reside. 

§ 5c. Power to Borrow Money.] The directors shall have 
power to borrow money for such temporary uses and purposes of the 
association as the exigencies of the business may demand and as are 
not inconsistent with the objects of the association. To secure such 
loans, the directors may cause the obligation or obligations of the as- 
sociation to be issued therefor, bearing interest at not to exceed the 
then legal contract rate. No such loan or loans shall have a longer 
duration than one year, nor shall the aggregate amount of such out- 
standing indebtedness at any one time exceed ten per centum of the 
assets of the association. Before any money shall be borrowed, the 
board of directors shall first, by a majority vote of all members, pass 
and record a resolution to that effect. 

§ 5d. Matured Shares.] When the directors shall have de- 
clared any shares to have reached maturity, the owners thereof shall 
be entitled to receive such maturity value, with such interest, not 
exceeding the then legal contract rate, as the directors may deter- 
mine, from the time of maturity until paid: Provided, that at no 
time shall the aggregate amount of such shares outstanding exceed 
twenty per centum of the assets of the association. 

§ 6a. Capital to be Accumulated.] The capital to be accu- 
mulated shall be divided into shares haviug a maturity value of one 
hundred dollars each. The shares shall be deemed to be personal 
property in the hands of the members, transferable upon the books 
of the association in the manner provided in the by-laws. The 
shares may be issued at such time or times and in such class or 
classes as the by-laws shall designate. The shares, if the by-laws 
shall so provide, may be issued in series, and be subdivided into 
classes, each class having a different periodical payment of dues, 
payable in such manner and in such amounts and at such time or 
times as the by-laws shall provide. Every share shall be subject to 
a lien for the payment of unpaid installments and such other charges 
as may be lawfully incurred thereon under the provisions of this act, 
and the by-laws may prescribe the manner of enforcing such lien 
The payment of such dues shall continue on each share until the 
same shall have reached maturity value, or is withdrawn or retired. 
All shares which have matured, or which shall have been cancelled, 
withdrawn or retired may be reissued as of a subsequent date or 
series. All shares heretofore issued by any association upon which 
installments have been paid in advance, together with the interest 
allowed or paid thereon, are hereby legalized and validated. 

§ 6b. Withdrawals, Voluntary.] Any member desiring to 
withdraw his shares from any association doing business in this 
State shall make a written application, which shall be received and 
filed in numerical order, and payments upon the same shall be made 
in the order in which they are filed. Such member shall be entitled 
to receive the full amount of dues paid in on the shares so sought to 



CORPORATIONS. 127 



be withdrawn and such interest thereon as fixed in the by-laws, and 
in addition thereto such proportion of the profits apportioned thereto 
as the board of directors may, from time to time, by resolution de- 
termine, less such charges of the character enumerated in this act as 
may be due thereon: Provided, that the amount of such interest or 
profits paid on withdrawals shall not exceed the actual earnings of 
the shares sought to be withdrawn: Provided, further, that at no 
time shall more than one- half of the funds in the treasury of the 
association be applicable to the demand of withdrawing members 
or the payment of matured shares, without the consent of the board 
of directors: Provided, further, that any member having pledged 
his or her shares as seourity for an advance, without other security, 
may withdraw the same and receive the evidence of indebtedness 
given for such advance and such balance in cash, if any, as may be 
to the credit of such shares, but such withdrawal shall be subject to 
the same regulations in all other respects as in the case of shares not 
pledged. 

§ 6d. Withdrawals, Involuntary.] The directors may, in their 
discretion, under the rules made by them in conformity with the by- 
laws, retire the unpledged shares, in the order of the issue of such 
shares, by enforcing withdrawals of the same, and the owners shall 
be paid the full value of their shares, as determined at the last pre- 
ceding distribution of profits, together with all dues paid since such 
distribution, less any unpaid fines: Provided, that all shares which 
have reached matured value and that may be outstanding, shall be 
first retired under the provisions of this act. 

§ 7. Who May Become Subscribers.] Married women may 
become subscribers to the capital stock of such association and hold, 
control and transfer their stock in all respects as femmes sole, and 
their stock shall not be subject to the control of or liable for the 
debts of their husbands. Minors may become subscribers to and 
owners of the stock of such association, which may be withdrawn in 
like manner as other stock, and the receipt of such minors shall be a 
valid acquittance. 

§ 8. Meeting of Directors — Loan of Money.] The board of 
directors shall hold such stated meetings, not less frequently than 
once a month, as maybe provided by the by-laws; at which meetings 
the money in the treasury shall be offered for loan in open meeting, 
and the shareholders who shall bid the highest premium, for the 
preference or priority of loan, shall be entitled to receive a loan of 
one hundred dollars for each share of stock held by said shareholders; 
the said premium bid may be deducted from the loan in one amount, 
6r may be paid in such proportionate amounts or installments, and 
at such times during the existence of the shares of stock borrowed 
upon, as may be designated by the by-laws of the respective associa- 
tions: Provided, that any such association may, by its by-laws 
dispense with the offering of its money for bids in open meeting 
and, in lieu thereof, loan its money at a rate of interest and premium 
fixed by its by-laws, and either with or without premium, deciding 



128 CORPOKATIONS. 



the preference or priority of loans by the priority of the applications 
for loans of its shareholders: And, provided, that no loan shall be 
made by said association except to its own members, nor in any sum 
in excess of the amount of stock held by such members borrowing, 
but such shareholders may borrow such fractional part of one 
hundred dollars as the by-laws may provide. Good and ample real 
estate security, unincumbered, except by prior loans of such associa- 
tion, shall be given by the borrower to secure the payment of the 
loan: Provided, however, that the stock of such associations may be 
received as security to the amount of the withdrawal value of such 
stock: And, provided, that the board of directors may be [by] a 
two-thirds vote of all its members temporarily invest the funds of the 
association in the treasury in excess of the demands of the share- 
holders, in other securities, but such investments shall not exceed 
twenty per centum of the assets of the association. Any mutual 
building, loan and homestead association, which may have heretofore 
been incorporated under the laws of the State of Illinois, may avail 
itself of all the power conferred by this act. 

§ 8b. Life Insurance.] The board of directors may require as 
additional security for any loan, life insurance on the life of the bor- 
rower or other person in an amount and in some company to be des- 
ignated by them, or the borrower may do so voluntarily with the con- 
sent of the association. The policy of insurance shall be assigned to 
the association as collateral security for the loan, and in case of 
death shall be applied to its payment. The cost of such insurance 
shall be paid by the association from time to time when due, and de- 
ducted from the amount standing to the credit of the borrower on 
his stock, or from his subsequent payments of the same as other as- 
sessments. Other arrangements may be made for the payment of 
such insurance by the consent of all parties. 

§ 13. May Purchase, etc., Real Estate — When.] Any loan 
or building association, incorporated by or under this act, is hereby 
authorized and empowered to purchase at any sheriff's or other ju- 
dicial sale, or at any other sile, public or private, any real estate upon 
which such association may have or hold any mortgage, lien or other 
encumbrance, or in which said association may have an interest, and 
the real estate so purchased, to sell, convey, lease, mortgage or ex- 
change for other real estate and to dispose of such real estate so ac- 
quired at pleasure to any person or persons whomsoever. 

§ 14. Existence May Be Extended.] Any loan or building as- 
sociation incorporated under this act, or any prior act, may extend 
the duration of time for which such association was organized, in- 
crease or decrease its capital stock, or change its name or the num- 
ber of directors, by a vote of the majority of the capital stock of such 
association at any meeting of the shareholders of such association; 
thereupon the board of directors shall transmit a copy of the pro- 
ceedings of such meeting, duly attested, to the Auditor of Public 
Accounts, who shall issue his certificate as provided in section 3 of 
this act, certifying to the extension of time of duration of such asso- 



CORPORATIONS. 129 



ciation, and the same shall be recorded as provided in said section 3 
of this act. And any association incorporated under any prior act, 
and extending the duration of the time for which it was incorporated, 
in the manner herein provided, shall be deemed as incorporated 
under and be vested with all the powers given in this act, the same 
as if such association had been originally incorporated under it. 

§ 15. Annual Report to Auditor — Penalties for Not Mak- 
ing, or for Making False or Wrong Reports.] The secretary of 
every association doing business within this State shall, within sixty 
days next after the close of each fiscal year of such association, file 
with the Auditor of Public Accounts of the State of Illinois, with a 
fee of two dollars, a detailed statement of the receipts and expendi- 
tures of such association for one year next preceding the date of such 
report, its assets and liabilities, including in such liabilities all sums 
due for gross premium unearned; the number of shares issued, with- 
drawn, matured, retired and loaned on during the year; the number 
of shares in force, number of shares loaned upon, installments per 
share, profits per share and the value per share at the date of such 
statement, which statement shall be in such form as shall be pre- 
scribed by the Auditor. Such statement shall exhibit in full each, 
all and every of the receipts from whatsoever source received, and 
each, all and every of the expenditures of such association, including 
all expenses of management. All of such statements shall be sworn 
to by the secretary before some officer authorized by the laws of this 
State and certified to by a committee of three members of such asso- 
ciation, not officers thereof, or by public accountants appointed by 
the board of directors. Such statement, and also any other periodi- 
cal statement, shall be either mailed to each shareholder or published 
in some paper regularly issued in the county in which such associa- 
tion is located within sixty days next after the same shall be com- 
piled. Any secretary who shall wilfully neglect or refuse to file such 
statement, shall be subjected to a fine of not less than twenty-five 
dollars nor more than two hundred dollars for each neglect or refusal 
to furnish such statement. The same may be recovered in any court 
having competent jurisdiction in the name of the People of the State 
of Illinois, on the relation of the said Auditor, for the benefit of the 
county wherein said association is located, or in which such secre- 
tary may reside. 

§ 18. Auditing Committees — Compensation Allowed.] Any 
such association may allow reasonable compensation to its auditing 
committees for their services as such, or to such public accountants 
appointed by the board of directors in making any examination of 
any such association. 

§ 22. Voting — Adoption of Resolution to Reorganize or 
Liquidate.] At such special meeting all votes taken shall be by 
ballot, and votes of its shareholders owning at least two-thirds of its 
shares in force at the time such vote is taken shall be necessary to 
carry any resolution for the reorganization or liquidation of such as- 
sociation; and if at such meeting, said shareholders shall, in the 
9 



130 CORPORATIONS. 



manner herein provided, pass a resolution for the reorganization or 
liquidation of such association, a copy of such resolution, duly certi- 
fied by the presiding officer and secretary of such meeting, shall be 
given to and shall contain full instructions, and define the authority 
and compensation of the party or parties to be named therein, to 
answer and discharge the duties entrusted to them by such resolu- 
tion; and a like duly certified copy of such resolution, instructions 
and authority shall immediately be filed with the Auditor of Public 
Accounts, by the party or parties named in such resolution, before 
they shall enter upon the discharge of their trust. Before the party 
or parties named in any such resolution shall assume the duties of 
their trust, they shall become bounden with two or more good and 
sufficient sureties, or in some good and responsible fidelity insurance 
company, in such sum as the Auditor of Public Accounts of this 
State shall require and approve. 

§ 24. Upon the completion, by the person or persons named in 
the aforesaid resolution, passed at such special meeting of share- 
holders, of the duties entrusted to them in such resolution, they 
shall cause a complete record of all proceedings to be made, reciting 
therein the adoption of the resolution to that effect, which shall also 
show that all claims, demands and debts for or against the associa- 
tion have been fully settled, the corporate liabilities completely dis- 
charged, and the corporate assets and property distributed among 
all the persons entitled thereto. Said report and record shall be 
filed in the office of the Auditor of Public Accounts, and a notice of 
such dissolution published for three successive weeks in any news- 
paper published in the county wherein the prinoipal office of such 
association is located, and upon the filing of such report, and mak- 
ing publication as aforesaid, such association shall be deemed dis- 
solved: Provided, that when an association has wound up its af- 
fairs and discontinued business without entering upon voluntary 
liquidation, as provided in this act, the directors shall likewise file 
with the Auditor of Public Accounts a report and record, and pub- 
lish a notice of dissolution, as hereinabove provided, and thereupon 
said association shall be deemed dissolved. 

Approved May 16, 1903. 



CORPORATIONS. 131 



CHANGING NAME, LOCATION, CAPITAL STOCK. ETC. 

§ 1. Amends section 1, act of 1872. Approved May 16. 1903. 

§ 1. Change of name, location, ob- 
ject, amount of capital stock, 
number of directors, etc., 
authorized. 

An Act to amend section 1 of an act entitled, "An act to provide for 
changing the names, for changing the places of business, for in- 
creasing or decreasing the capital stock, for increasing or decreas- 
ing the number of directors, for enlarging or changing the objects 
for which such corporations were formed, and for the consolida- 
tion of incorporated companies,''' approved and in force March 26, 
1872, as amended by an act approved June 14, 1887, and in force 
July 1, 1887, as amended by act approved June 6, 1889, in force 
July 1, 1889; and to authorize corporations to increase or decrease 
the number of shares of capital stock, and to increase or decrease 
the amount of each share of capital stock. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 1 of an act en- 
titled, "An act to provide for changing the names, for changing the 
places of business, for increasing or decreasing the capital stock, for 
increasing or decreasing the number of directors, for enlarging or 
changing the objeots for which such corporations were formed, and 
for the consolidation of incorporated companies," approved and in 
force March 26, 1872, as amended by an act approved June 14, 1887, 
and in force July 1, 1887, as amended by act approved June 6, 1889, 
in force July 1, 1889, be amended to read as follows: 

§ 1. That whenever the board of directors, managers or trustees 
of any corporation existing by virtue of any general or special law of 
this State, or any corporation hereafter organized by virtue of any 
law of this State, may desire to change the name, to change the 
place of business, to enlarge or change the object for which such 
corporation was formed, to increase or decrease the capital stock, to 
change the number of shares of oapital stock, to increase and decrease 
the par value of shares of capital stock, to increase or decrease the 
number of directors, managers or trustees, or to consolidate said 
corporation with any other corporations now existing or which may 
hereafter be organized, they may call a special meeting of the stock- 
holders of such corporation; or if the same has no stockholders, of 
the members or trustees, for the purpose of submitting to a vote of 
such stockholders, members or trustees, the question of such ohange 
of name, change of place of business, enlargement or change of the 
object for which such corporation was formed, increase or decrease 
of capital stock, change of number of shares of capital stock, increase 
or decrease of cumber of directors, managers or trustees, increase or 
decrease of capital stock, to increase or decrease the par value of 
shares of capital stock, or to consolidate with some other corporations, 
as the case may be; and further, that eleemosynary or religious corpo- 
rations for educational purposes, acting under the general law or by 



132 CORPORATIONS. 



virtue of special charter, are authorized to change the time and man- 
ner of electing the trustees, and to allow the alumni of said corpora- 
tions to vote in the election of the trustees or a part thereof: Pro- 
vided, that in changing the name of any other corporation, under 
the provisions hereof, no name shall be assumed or adopted by any 
corporation similar to or liable to be mistaken for the name of any 
other corporation organized under the laws of this State, without the 
the consent of such other corporation; and that in no case shall the 
capital stock be diminished to the prejudice of the creditors of such 
corporation: And, provided further, that no corporation shall by 
virtue hereof, change its place of business from any town, county or 
municipality where such town, county or municipality, or any of the 
inhabitants thereof, or any person or persons interested therein, shall 
have donated or in any manner contributed any money or other 
valuable thing to induce such corporation to locate in such town, 
county or municipality : And, provided further, that the provisions 
of this act, in reference to the consolidation of corporations, shall 
only apply to corporations of the same kind and engaged in the same 
general business and carrying on their business in the same vicinity, 
and that no more than two corporations now existing shall be consoli- 
dated into one under the provisions hereof, except in the cases of 
corporations other than those conducted for profit: And, provided 
further, that no alteration or change shall be made by virtue of this 
section, to embrace any object that might not have been lawfully 
embraced in the statement and license issued before the organization 
of such corporation as provided in section 2 of an act entitled, "An 
act concerning corporations," approved April 10, 1872, and in force 
July 1, 1872. 

Approved May 16, 1903. 



CONVEYANCE OF REAL ESTATE BY CHURCHES. 
§ 2. Repeal. 



? 1. Churches may sell, lease, mortgage 
and improve real estate— disposition 
of proceeds. 



Approved April 27, 1903. 



An Act to give to church corporations power to lease, improve, 
mortgage, bond, sell, or otherwise dispose of any real estate here- 
tofore and now held by said church corporation, in whole or in 
part for business purposes. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That every church corpora- 
tion organized under the laws of the State of Illinois is hereby given 
power through its board of trustees (or such other of its officers as 
shall have powers and duties similar to those of trustees) to lease, 
improve, mortgage, bond, sell, convey, or otherwise dispose of any 
lot or parcel of ground heretofore acquired by it for its own use, and 
which has been appropriated in whole or in part to business uses. 
The net proceeds or income derived therefrom to be appropriated to 



CORPORATIONS 133 



such uses or purposes as shall be authorized by a vote of its board 
of trustees (or of suoh other of its officers as shall have powers and 
duties similar to those of trustees) : Provided, however, that no 
part of such net proceeds or income shall be used otherwise than in 
defraying the cost and expenses connected with improving, main- 
taining, operating and caring for said property, and the improve- 
ments thereon, and in paying the obligations of the church owning 
the same, and for church or religious purposes. 

§ 2. Every provision of any law, whether general or special, in- 
consistent with the provisions of this act, is hereby repealed. 

Approved April 27, 1903. 



DISSOLUTION OP CERTAIN CORPORATIONS. 

i 1. Trustees of corporations for charitable or educational purposes may close up affairs- 
sale of property and disposition of funds. Approved Mas 13, 1903. 

An Act authorizing the trustees of any corporation having control 
of any educational or charitable corporation, or any funds there- 
of, under the care or patronage of any religious denomination, 
where they find that the purposes for which the corporation was 
created can not be carried out, authorizing such trustees to close 
up the affairs of such corporation. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That whenever the trustees 
of any corporation having control of any educational or charitable 
institution, or any fund thereof, under the care or patronage of any 
religious denomination, find that the purposes for which the corpo- 
ration was created can not be carried out, they shall have authority 
and power to close up the affairs of such corporation in the following 
manner, to- wit: 

They may sell any or all property of any and every kind belonging 
to the corporation. Out of the proceeds of the sale of said property, 
together with any money belonging to the corporation, they shall 
pay all debts against said corporation. They shall return to the 
donors all sums which have been given to the corporation under 
written conditions requiring the return of said sum, in case the pur- 
poses of the corporation are not carried out. They shall transfer and 
deliver all funds and property remaining in their hands, after the 
payment of debts and return of donations as herein before provided, 
to the religious denomination having charge or the patronage of the 
said educational or charitable corporation, by transferring and deliv- 
ering said funds and property into the possession and control of that 
regularly constituted body in such religious denomination by which 
the trustees of the said educational or charitable corporation are 
nominated or elected. 

Approved May 13, 1903. 



134 CORPORATIONS. 



FEES REQUIRED FROM COMPANIES AND CORPORATIONS. 



g 2. Emergency. 
Approved May 14, 1903. 



§ 1. Amends section 1, act of 1895. 

I 1. Scale of fees required to be paid 
to Secretary of State— increase 
of stock— certain corporations 
exempt. 

An Act entitled "An act to amend section 1 of an act entitled 'An 
act regarding fees for the incorporation and the increase of capital 
stock of companies and corporations in this State,'" approved 
June 15, 1895. in force July 1, 1895. As amended by an act ap- 
proved April 24, 1899 ; in force July 1 , 1899. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 1 of an act 
entitled "An act regarding fees for the incorporation and the in- 
crease of capital stock of companies and corporations in this State," 
approved June 15, 1895; in force July 1, 1895, as amended by an act 
approved April 24, 1899, in force July 1, 1899, be, and the same is 
hereby, amended to read as follows : 

§ 1. That all companies and corporations hereafter organized 
under the laws of the State of Illinois, before they shall be permitted 
to file any papers in the office of the Secretary of State, or make any 
application for the purpose of becoming incorporated, shall pay to 
him fees as follows: All companies having a capital stock of $2,500 
and under, shall pay the sum of $30 and all companies having a capital 
stock of over $2,500 and not over $5,000 shall pay the sum of $50, and 
all companies having a capital stock of over $5,000 shall pay, in addi- 
tion to the said sum of $50. the sum of $1 for each $1,000 of capital stock 
over $5,000. All corporations at present organized and doing busi- 
ness under the laws of this State, or that may hereafter be organized, 
shall pay as a fee, in addition to all other fees at present required by 
law, the sum of $1, for each $1,000, of increase of such capital stock: 
Provided, that no company now incorporated, or which may be here- 
after incorporated under the laws of this State, shall acquire a fran- 
chise by increase of capital stock to over $2,500 and not over $5,000 
for a less sum than $50, and over $5,000, in addition to the said sum 
of $50, the sum of $1 for each $1,000 increase of capital stock, and $1 
for filing certificate of such increase: And: provided further; that 
this act shall not apply to corporations incorporated under the law 
providing for the incorporation of homestead associations and build- 
ing and loan associations, nor to religious associations, nor corpora- 
tions not for pecuniary profit. 

§ 1. Whereas, In consequence of the fact that certain corpora- 
tions may be organized without first taking out a license to organize, 
and it is contended section 1 of the law as orginally enacted does not 
apply to them, an emergency exists, and this act shall take effect from 
and after its passage. 

Approved May 14, 1903. 



COUNTIES. 135 



COUNTIES. 



ADDITIONAL TAX LEVY. 



I 1. Amends section 27. act of 1874. Approved May 15, 1903. 

§ 27. Taxes in excess of 75 cents per 
$100— proceedings by county 
board— submission of propo- 
sition to electors— surplus. 

An Aot to amend section twenty-seven (27) of an act entitled, "An 
act to revise the law in relation to counties^ approved and in 
force March 31, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section twenty-seven 
(27) of "An act to revise the law in relation to counties," approved 
and in force March 31, 1874, be, and the same is hereby, amended to 
read as follows: 

§ 27, Raising Tax in Addition to Constitutional Limit.] 
Whenever the county board shall deem it necessary to assess taxes, 
the aggregate of which shall exceed the rate of seventy-five cents per 
one hundred dollars, valuation of the property of the county, except 
when such excess is to be used for the amount of indebtedness exist- 
ing at the adoption of the constitution, the county board may, by an 
order entered of record, set forth substantially the amount of such 
excess required, and the purpose for which the same will be required, 
and if for the payment of interest or principal, or both, upon bonds, 
shall in a general way designate the bonds and specify the number 
of years such excess will be required to be levied, and provided for 
the submission of the question of assession, the additional rate re- 
quired to a vote of the people of the county at the next election for 
county officers after the adoption of the resolution: Provided, if 
such additional rate required is for the purpose of building a court 
house, a special election may be held for such purpose, and it shall 
be the duty of the county clerk in his election notice, to give notice 
of such submission. The votes therefor shall be "For additional 
tax," and those against shall be "Against additional tax." The votes 
shall be canvassed and returned the same as those for county officers, 
and if a majority of the votes cast upon the question are "For ad- 
ditional tax," then the county board shall have power to cause such 
additional tax to be levied and collected in accordance with the terms 
of such resolution, and the money so collected shall be kept as a sep- 
arate fund, and disbursed only for the purpose for which the same 
was raised: Provided, any surplus that may remain after the pay- 
ment of all demands against said fund, may be used for other pur- 
poses. 

Approved May 15, 1903. 



136 



COUNTIES. 



BOARDS OF HEALTH-ESTABLISHMENT OF BY COUNTY AUTHORITIES. 



? 1. Amends sections 1, 2, and 5. act of 1901. 

§ 1. Boards of health in counties 
under and not under township 
organization. 



§ 2. Powers and duties of boards. 
I 5. Compensation. 
Approved May 16, 1903.. 



An Act to amend sections one (1), two (2) and five (5) of an act en- 
titled "An act to create and establish boards of health in counties 
not under township organization, and in townships in counties 
under township organization, outside of the corporate limits of 
incorporated cities and villages, to prescribe their duties and 
powers , and provide for enforcing the same," approved May 10, 
1901, in force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That sections one (1), two 
(2) and five (5) of an act entitled "An act to create and establish 
boards of health in counties not under township organization, and 
in townships in counties under township organization outside of the 
corporate limits of incorporated cities and villages, to prescribe their 
duties and powers and provide for enforcing the same," approved May 
10, 1901, in force July 1, 1901, be, and the same are hereby, amended 
so as to read as follows, to- wit: 

Section 1. The board of county commissioners in counties not 
under township organization, and the supervisor, assessor and town 
clerk of every town in counties under township organization, shall 
constitute a board of health, and on the breaking out of any danger- 
ously communicable diseases in their county or town, or in the im- 
mediate vicinity thereof, it shall be their duty to make and enforce 
such rules and regulations tending to check the spread of the disease 
within the limits of such county or town as may be necessary; and 
for this purpose they shall have power to quarantine any house or 
houses, or place where any infected person may be, and cause notices 
of warning to be put thereon, and to require the disinfection of the 
house or place: Provided, that nothing in this act shall apply to 
any territory lying within the corporate limits of any incorporated 
city or village: Provided , further , that in case the board of health 
of any county not under township organization, or of any township 
in counties under township organization shall fail, refuse or neglect 
to promptly take the necessary measures to preserve the public 
health, or in case any such board of health shall refuse or neglect to 
carry out the rules and regulations of the State Board of Health, that 
thereupon the State Board of Health may discharge such duties and 
collect from the county or township, as the case may be, the reason- 
able costs, charges and expenses incurred thereby. 

§ 2. The said boards of health shall have the following powers: 

First — To do all acts, make all regulations which may be necessary 
or expedient for the promotion of health or the suppression of disease. 

Second — To appoint physicians as health officers and prescribe 
their duties. 



COUNTIES. 137 



Third — To inour the expenses necessary for the performance of the 
duties and powers enjoined upon the board. 

Fourth — To provide gratuitous vaccination and disinfection. 

Fifth — To require reports of dangerously communicable diseases. 

§ 5. The members of said boards of health shall be allowed for 
the time spent in the performance of their said duties, each the sum 
of $1.50 per day, which, together with all bills by them contracted 
and all sums of money by them expended, shall be audited and paid 
in the same manner as other county and town expenses. 

Approved May 16, 1903. 



OATHS ADMINISTERED BY MEMBERS OP COUNTY BOARD. 

i 1. Amends section 56, act of 1874. Approved May 14, 1903. 

'i 56. Oaths — administration of by 
chairman of board— by mem- 
ber of board— no fee to be 
charged. 

An Act to amend section fifty-six {56) of an act entitled, ' 'An act to 
revise the law in relation to counties" approved and in force 
March 31, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section fifty-six (56) 
of an act entitled, "An act to revise the law in relation to counties," 
approved and in force March 31, 1874, be amended to read as fol- 
lows: 

§ 56. Every chairman of the said board shall have power 
to administer an oath to any person concerning any matters submit- 
ted to the board, or connected with their powers and duties, and any 
member of said board shall have power to administer the oath re- 
quired by law to any claimant presenting a claim against the county, 
to be passed on by said board: Provided, that any member so ad- 
ministering an oath to such claimant, shall not be allowed to charge 
a fee therefor. 

Approved May 14, 1903. 



138 



COUNTIES. 



RELIEF OF THE BLIND. 



I 1. County may contribute to support of 
blind. 

I 2. $150 per annum may be allowed all 
beneficiaries of this act. 

i 3. Who may not receive allowance under 
act. 

§ 4. Examiner of blind — appointment by 
county board. 

§ 5. Duties of examiner — registration of 
applicants— fees. 



g 6 Affidavit of applicant— duty of county 
clerk. 

§ 7. County clerk shall keep register of 
applications— shall certify applicants 
to county board. 

§ 8. County board shall make annual appro- 
priation to meet expenditures under 
act. 

I 9. Penalty for false affidavit. 

Approved May 11, 1903, 



An Act for the relief of the blind. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That it shall be lawful for any 
county to contribute such sum or sums of money for the charity or 
general funds, toward the support of any blind person who may come 
under the provisions of this act. 

§ 2. That all male persons over the age of twenty-one (21) years, 
and all female persons over the age of eighteen (18) years, who are 
declared to be blind in the manner hereinafter set forth, and who 
come within the provisions of this act, shall, at the discretion of the 
board of county commissioners or the board of supervisors, receive, 
as a benefit, one hundred and fifty dollars ($150) per annum, payable 
quarterly, upon warrants properly drawn upon the treasurer of the 
county of which such person or persons are residents. 

§ 3. That no person or persons who are charges of any charitable 
institution of this State, or any county or city thereof, or persons 
having an income of more than two hundred and fifty dollars ($250) 
per annum, or persons who have not resided within the State of Illi- 
nois continuously for ten (10) consecutive years and in their respec- 
tive counties three (3) years, immediately before applying for said 
benefit, shall be entitled to the provisions of this act. 

§ 4. It is hereby made the duty of the board of county commis- 
sioners or board of supervisors in eaoh county of this State, to appoint 
a regular practicing physician, whose official title shall be "Examiner 
of the Blind," who shall keep an office open in some convenient place 
during the first week of each year, for the examining of applicants 
for said benefit. 

§ 5. It is hereby made the duty of the examiner of the blind to 
examine all applicants for benefit referred to him by the board of 
county commissioners or board of supervisors, and to endorse on the 
application a certificate to each applicant, showing whether he or she 
is blind or not. Said examiner shall keep a register in which he 
shall enter the facts contained in each certificate. He shall be paid 
from the county treasury for his services, the sum of two dollars ($2) 
for each applicant so examined. 



COUNTIES. 139 



§ 6. All persons claiming the benefit provided herein, may go be- 
fore the county clerk of their respective counties, and make affidavit 
to the facts which bring him or her within the provisions of this act, 
which shall be deemed an application for said benefit; two citizens, 
residents of the county, shall be required to make affidavits to the 
fact that they have known said applicant to be a resident of the 
county for the three years immediately preceding the filing of said 
application ; the county clerk shall bring the same to the attention of 
the county commissioners or county supervisors of the county, who 
shall refer the application to the examiner of the blind for said 
county. 

§ 7. The county clerk shall register the name, address and num- 
ber of applicant, and date of the examination of each of the appli- 
cants who has been so determined to be entitled to said benefit, and 
each year, on or before the fifteenth (15th) day of January, he shall 
certify to the county commissioners or county supervisors of the 
county, the names and residences of each applicant. 

§ 8. It is hereby made the duty of the board of county commis- 
sioners or board of supervisors of each county in this State, to pro- 
vide in the annual appropriation for the payment of persons so 
entitled to said benefit who have complied with the provisions of this 
act, and to cause warrants on the county treasurer to be drawn, 
properly endorsed, payable to each of said persons in said county 
each quarter in each year thereafter, during the life of said person , 
while they are residents of said county, or until said disability is re- 
moved. 

§ 9. Any person who shall make a false affidavit in order to secure 
the benefit herein provided, shall, upon conviction, be deemed guilty 
of perjury. 

Appeoted May 11, 1903. 



140 COURT OF CLAIMS. 



COURT OF CLAIMS. 



NAME. "COMMISSIONER OF CLAIMS" CHANGED TO "COURT OF CLAIMS." 

2 7. Rejection of claims. 
I 8. Statement of awards. 



§ 1. Commissioner of Claims, changed to 
Court of Claims. 



I 9. Jurisdiction declared exclusive. 

§ 10. Opinions of court to be published. 

I 11. Repeals act of 1877, creating Commis- 
sion of Claims. 

Approved May 16, 1903. 



i 2. Appointment of judges — presiding 
judge— sessions. 

2 3. Powers and duties denned. 

I 4. Auditor em officio clerk of court. 

§ 5. Claims, how presented— evidence in 
writing. 

\ 6. Salary of judges and bailiff. 

An Act to create the Court of Claims and to prescribe its powers 
and duties. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the name of the 
Commission of Claims as heretofore existing in the State of Illinois, 
be, and the same is hereby changed to the Court of Claims, and said 
Court of Claims shall be the successor of the Commission of Claims 
established by the act of the General Assembly, approved May 29, 
1877, entitled "An act to create a Commission of Claims and to pre- 
scribe its powers and duties," as amended by act approved June 3, 
1889. Said Court of Claims shall exercise all the jurisdiction, rights, 
powers and duties which are now conferred on the Commission of 
Claims, and all causes now pending before the Commission of Claims , 
shall be considered as pending before the Court of Claims the same 
as if originally filed therein. 

§ 2. The Court of Claims shall consist of three persons, not more 
than two of whom shall belong to the same political party; learned in 
the law and experienced in its practice appointed by the 
Governor, by and with the advice and consent of the Senate, who shall 
hold their office for the term of four years, from the time of their 
appointment and until their successors or successor of either of them, 
shall be appointed. One of the said persons shall be designated in 
his appointment as presiding judge of the Court of Claims and each 
of the others as judge of the Court of Claims. Said court shall hold 
a session at the capitol of the State on the first Monday of October, 
A. D. 1903, and every year thereafter, in a room provided by the Sec- 
retary of State, and shall continue its session until the business before 
it shall be disposed of for such session. 

§ 3. The Court of Claims shall hare power to make such rules, not 
inconsistent with or contrary to law, for the government of proceed- 
ings before it as it may deem proper, and shall have the same power 
to enforce such rules, and to preserve order and decorum in its pres- 
ence, as is vested by common law or statute of this State in any court 
of general jurisdiction. And it shall be the duty of said court to 
hear and determine the following matters: 



COURT OF CLAIMS. 141 



First — All unadjusted claims founded upon any law of the State 
or upon any contract, express or implied, with the government of 
the State, and all claims which may be referred to it by either House 
of the General Assembly. 

Second — All claims against the State for the taking or damaging 
of private property by the State for public purposes in the construc- 
tion, or for the use of any State institution, river, canal, or other 
public improvement, which have not been already barred by any 
statute or law of limitations, or heretofore heard and determined by 
said commission. 

Third — All unadjusted and controverted claims against the board 
of trustees, or board of directors of any of the public educational, 
charitable, penal or reformatory institutions of the State, canal com- 
missioners, commissioners for the construction of the State capitol 
building, State board of education, the military power of the State 
when called into action for the preservation of the public peace or 
order, or for instruction in camp, arising out of any contract ex- 
pressed or implied, or in tort, or for any damages, whether liquidated 
or unliquidated, or any other claim or demand whatsoever. 

Fourth — All other unadjusted claims of whatsoever nature or 
character against the State of Illinois. 

Fifth — All set offs, counter-claims, claims for damages, whether 
liquidated or unliquidated, or other demands whatsoever on the part 
of the State of Illinois, or any board of trustees, directors, or com- 
missioners, or military authority against whom any such claim shall 
have been presented to such court. And such court shall hear such 
claims according to its rules and established practice, and determine 
the same according to the principles of equity and justice, except as 
otherwise provided in the laws of this State, and shall file with the 
records of each claim determined, a brief written statement of the 
reason of the determination, and in case such court shall allow all or 
any part of such claim, they shall make an award in favor of the 
claimant, finding the amount due to each claimant, which said 
award, shall be filed and recorded in the office of the Auditor of Pub- 
lic Accounts in a book to be kept by him for that purpose. 

§ 4. The Auditor of Public Accounts shall be ex officio clerk of 
said court, and shall be custodian of all records, books, files and 
paper belonging or appertaining to said court. 

§ 5. All persons having any such claims against the State, shall 
file the same with the Auditor of Public Accounts on or before the 
first day of May next preceding the day fixed by this act for the session 
of said court, and shall file with such claim a statement in writing, under 
oath, of the fact upon which such claim is based, setting forth the time 
when and the place where the same accrued, and if any such claim ac- 
crued by virtue of a contract, a copy of such contract, and the name and 
present address, known, of the officer or agent with whom such con- 
tract was made, and in all cases, the amount of such claim, and all 
other facts necessary to a full understanding of such claim ; and upon 



142 OOUET OF CLAIMS. 



the filing of the same as aforesaid it shall be the duty of the Auditor 
of Public Accounts to immediately notify the Attorney General 
thereof, and it shall be his duty to represent the State in all such 
claims. All evidence in support of, or against such claims, shall 
be taken in writing in the same manner in which depositions in 
chancery are usually taken, and all evidence for claimant shall be 
filed with the Auditor of Public Accounts on or before the first day 
of August prior to the day fixed for the sitting of the said court, and 
all evidence for defendant shall be filed on or before the day for the 
sitting of said court , and no other evidence shall be received by said 
court on the hearing of any such claim. 

§ 6. The judges of the Court of Claims shall each receive a salary 
of fifteen hundred dollars per annum. The presiding judge of said 
court shall appoint a bailiff who shall receive a salary of three dol- 
lars per day for the number of days actually occupied in the busi- 
ness of the court, to be paid by the Auditor of Public Accounts upon 
the certificate of the presiding judge. The Auditor of Public Ac- 
counts shall receive no additional compensation for services in claims 
allowed and recorded, but the court may make such orders as they 
deem proper for securing the payment of costs in claims not allowed : 
Provided, no security for costs shall be required in any claim re- 
ferred to said court by either House of the Q-eneral Assembly. 

§ 7. In case said court shall reject any claim, so filed as afore- 
said upon the hearing thereof, such rejection shall conolude the 
claimant unless said court shall otherwise direct. 

§ 8. The Auditor shall, in his biennial report to the Governor, 
include a detailed statement of all such awards, and said statement 
shall be laid before the two Houses of the General Assembly at its 
session held next after the filing of such award. 

§ 9. The jurisdiction conferred upon said court by this act shall 
be, and is hereby declared to be exclusive. 

§ 10. At the close of each session, the Auditor of Public Ac- 
counts shall compile and publish the opinions of the court filed dur- 
ing the session. 

§ 11. An act to create a commission of claims and to prescribe its 
powers and duties, approved May 29, 1877, in force July 1, 1877, as 
amended by act of June 3, 1889, in force July 1, 1889, is hereby re- 
pealed. 

Approved May 16, 1903. 



COURTS. 143 

COURTS. 



CIRCUIT AND SUPERIOR COURTS-COOK COUNTY. 

§ 2. Emergency. 
Approved April 17, 1903, 



g 1. Repeals act providing for additional 
judges of Circuit and Superior 
Courts. 



An Act to repeal an act entitled, "An act to provide for additional 
judges of the circuit and superior courts of the county of Cook," 
approved May 10, 1901, in force July 11, 901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled, "An 
act to provide for additional judges of the circuit and superior courts 
of the county of Cook," approved May 10, 1901, in force July 1, 1901, 
be, and the same is hereby, repealed. 

§ 2. Whereas, An emergency exists, therefore this act shall take 
effect and be in foroe from and after its passage. 

Approved April 17, 1903. 



CIRCUIT AND SUPERIOR COURTS-COOK COUNTY. 

I 1. Amends section 32, act of 1874. Approved May 4, 1903. 

§ 32. Powers of judges in vacation- 
injunctions — executions — re- 
ceivers—signing and entering 
order. 

An Act to amend section thirty-two of an act entitled, "An act to 
revise the law in relation to circuit courts and the superior court 
of Cook county," approved February 18, 1874, in force July 1, 
1874. 

Section 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly: That section thirty-two of 
an act entitled, "An act to revise the law in relation to circuit courts 
and the superior court of Cook oounty," approved February 18, 1874, 
in force July 1, 1874, be, and the same is hereby, amended to read as 
follows : 

§ 32. The several judges of said courts shall have power in vaca- 
tion to hear and determine motions to dissolve injunctions, stay or 
quash executions, appoint or discharge receivers upon such notice as 
may be fixed by the court, to make all necessary orders to carry into 
effect any decree previously entered, including the issuance of neces- 
sary writs therefor, to order the issuance of writs of certiorari, to 
permit amendments in any process, pleading or proceeding in law or 
equity. Any such order so made shall be signed by the judge mak- 
ing it, and filed and entered of record by the clerk of the court in 
which the proceeding is had, and, from the date of such filing, shall 



144 COURTS. 



have like force and effect as if made at a regular term of such court. 
The pendency of a term of court in another county than that in 
which the suit is pending, or about to be commenced by the same 
judge, shall not prevent the granting of such order. 

Approved May 14, 1903. 



CIRCUIT COURT-JEFFERSON COUNTY. 
g 1. Terms of court for Jefferson county. Approved May 15, 1903. 

An Act to fix the time of holding the circuit courts in the county of 

Jefferson. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the circuit court shall, 
after the taking effect of this act, be held in the county of Jefferson, 
as follows: On the second Monday of January, the second Monday 
of April, the second Monday of July and the second Monday of 
October in each year: Provided, there shall be no jurors summoned 
for the July terms of court in said county, unless by special order 
of the judge of said court. 

Approved May 15, 1903. 



circuit courts-terms, second circuit. 



§1. Amends section 3, act of 1879. 

\ 3. Fixes terms of court in Second 
Circuit. 



Approved May 9, 1903. 



An Act to amend section 3 of " An act concerning circuit courts, and 
to fix the time for holding the same in the several counties in the 
judicial circuits of the State of Illinois, exclusive of the county of 
Cook," approved May 24, 1879; in force July 1, 1879; as 
amended June 11, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 3 of an act to 
amend ' 'An act concerning circuit courts and to fix the time for 
holding the same in the several counties in the judicial circuits of 
the State of Illinois exclusive of the county of Cook," approved May 
24, 1879; in force July 1, 1879; amended June 11, 1897; in force 
July 1, 1897; be, and the same is hereby, amended so as to read as 
follows: 

§ 3. Second circuit, in the county of Hardin on the fourth Mon- 
day of March and the first Monday of September; in the county of 
Gallatin on the first Monday of April and October; in the county 
of White on the third Monday of January, the second Monday of 
May, and the second Monday of October; in the county of Hamilton 
on the fourth Monday of February and September; in the county fo 



COURTS. 145 



Franklin on the fourth Monday of May and November; in the 
county of Wabash on the the third Monday of April and Novem- 
ber; in the county of Edwards on the second Monday of April 
and November; in the county of Wayne on the third Monday of 
January, March, June and October; in the county of Jefferson on 
the third Monday of February, the second Monday of May, the 
third Monday of August, the fourth Monday of October and the 
second Monday of December; in the county of Richland on the 
third Monday in April, July and November: Provided, that the 
July term shall be devoted exclusively to the trial of chancery cases 
and to the trial and transaction in civil and criminal cases not 
requiring a jury, and no jury shall be impaneled for the July term; 
in the county of Lawrence on the first Monday of May and October, 
and the first Monday in February: Provided, that the February 
term shall be devoted exclusively to the trial of chancery cases, and 
to the trial or transactions of any business in civil and criminal cases, 
not requiring a jury, and no jury shall be impaneled for the Febru- 
ary term ; in the county of Crawford on the first Monday of March 
and September. 

Approved May 9, 1903. 



CIRCUIT COURTS-TERMS, FOURTH CIRCUIT. 

i 1. Amends section 5, act of 1879. I Approved May 13, 1903. 

§ 5. Fixes terms in Fourth Circuit. I 

An Act to amend section five (5) of an act entitled, "An act to 
amend an act concerning circuit courts, and to fix the time for 
holding the same in the several counties in the judicial circuits of 
the State of Illinois exclusive of the county of Cook,'''' approved 
May 24, 1879, in force July 1, 1879, approved June 11, 1897, in 
force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section five (5) of an 
act entitled, ' 'An act to amend an act concerning circuit courts, and 
fix the time for holding same in the several counties in the judicial 
circuits of the State of Illinois exclusive of the county of Cook," as 
amended and approved June 11, 1897, and in force July 1, 1897, be, 
and the same is hereby, amended so as to read as follows: 

§ 5. Fourth Circuit.] In the county of Marion on the second 
Monday of January and the fourth Mondays of April and September; 
in the county of Clinton on the second Mondays of May and Novem- 
ber; in the county of Clay on the second Mondays of March and 
and September; in the county of Fayette on the second Mondays of 
February and May and the fourth Monday of August; in the county 
of Effingham on the third Mondays of March and October; in the 
county of Jasper on the second Monday of April and the first Mon- 

—10 



146 COURTS. 



day of October; in the county of Montgomery on the third Monday 
of January and first Mondays of April and November ; in the county 
of Shelby on the fourth Monday of March and the first Monday of 
June and the second Monday of November; in the county of Chris- 
tian on the second Monday of March and fourth Mondays of August 
and November: Provided, the June term in Shelby county shall 
have no juries summoned, unless the same is done on the written 
order of the judge, made thirty (80) days prior to the first day of the 
term. 
Approved May 13, 1903. 



CIRCUIT COURTS-TERMS, FIFTH CIRCUIT. 

gl. Amends section 6, act of 1879. I Approved May 14, 1903. 

g 6. Fixes terms in Fifth Circuit. I 

An Act to amend section six (6) of an act entitled, "An act to 
amend an act concerning circuit courts, and to fix the time for 
holding the same in the several counties in the judicial circuits of 
the State of Illinois, exclusive of the county of Cooh, v approved 
May 24, 1879, in force July 1, 1879, approved June 11, 1897, in 
force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section six (6) of an 
act entitled, "An act to amend an act concerning circuit courts, and 
to fix the time for holding the same in the several counties in the 
judicial circuits of the State of Illinois, exclusive of the county of 
Cook," as amended and approved June 11, 1897, and in force July 1, 
1897, be, and the same is hereby, amended so as to read as follows: 

§ 6. Fifth Circuit.] In the county of Vermilion on the third 
Monday of January, the third Monday of May, the first Monday of 
October; in the county of Edgar on the second Monday of February, 
the first Monday of June and second Monday in November; in the 
county of Clark on the first Monday in March and first Monday in 
September; in the county of Cumberland on the first Monday of 
June and fourth Monday of November; in the county of Coles on 
the third Monday of April, the second Monday of October and sec- 
ond Monday of January: Providing, no grand jury shall be sum- 
moned for the January term of Coles county unless ordered by the 
court: Provided, further, that no grand or petit jury shall be sum- 
moned for the February term of Edgar county unless ordered by the 
judge assigned to hold such term of court. 

Approved May 14, 1903. 



courts. 147 



CIRCUIT COURTS-TERMS, SIXTH CIRCUIT. 



1. Amends section 7. chapter 37. 

I 7. Fixes terms of court, Sixth Cir- 
cuit. 



Approved May 11, 1903, 



An Act to amend section seven of chapter thirty-seven of an act 
fixing the terms of holding court in the several judicial circuits 
of the State of Illinois, exclusive of Cook county, approved June 
11, 1897, and in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section seven of chapter 
thirty-seven, fixing the terms of holding court in the several judicial 
circuits of the State of Illinois, exclusive of Cook county, approved 
June 11, 1897, in force July 1, 1897, be amended to read as follows: 

§ 7. Sixth Circuit.] In the county of Champaign on the first 
Monday in January, the first Monday in April and the first Monday in 
September of each year; in the county of Douglas on the second 
Monday in March and the second Monday in October; in the county 
of Moultrie on the fourth Monday in September and the first Mon- 
day in March; in the county of Macon on the second Monday of 
January, second Monday of May and the first Monday in October; 
in the county of DeWitt on the first Monday in May and the second 
Monday in November; in the county of Piatt on the first Monday 
in September and the first Monday of February. All process issued 
after the passage of this act shall be returnable to said terms as 
herein fixed. 

Approved May 11, 1903, 



circuit courts-terms, tenth circuit. 

I 1. Amends section 11, act of 1879. I Approved May 14, 1903. 

I 11. Fixes terms for Tenth Circuit, i 

An Act to amend section eleven (11) of an act entitled, "An act to 
amend an act concerning circuit courts, and to fix the time for 
holding the same in the several counties in the judicial circuits of 
the State of Illinois, exclusive of the county of Gook, v approved 
May 24, 1897, in force July 1, 1879, approved June 11, 1897, in 
force July 1, 1879, as amended by an act approved May 11, 1901, 
in force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section eleven (11) of 
an act entitled, "An act to amend an act concerning circuit courts, 
and to fix the time for holding the same in the several counties in 
the judicial circuits of the State of Illinois, exclusive of the county 
of Cook," approved May 24, 1879, in force July 1, 1879, approved 



148 OOUBTS. 



June 11, 1897, in force July 1, 1897, as amended by an act approved 
May 11, 1901, in force July 1, 1901, be amended so as to read as 
follows : 

§ 2. § 11. Tenth Circuit.] In the county of Peoria on the 
second Monday in January, March, May, September and November; 
in the county of Tazewell on the first Monday in December and 
second Monday in February, on the first Monday in May and second 
Monday in September; in the county of Marshall on the second 
Monday in January, fourth Monday in May and first Monday in 
October; in the county of Stark on the second Monday in February, 
first Monday in June and third Monday in October; in the county 
of Putnam on the third Monday in April and third Monday in 
October: Provided, that no grand or petit jury shall be summoned 
for the June term of Stark county unless ordered by the judge 
assigned to hold such term of court. 

Approved May 14, 1903. 

CIRCUIT COURTS-TERMS. ELEVENTH CIRCUIT. 



1. Amends section 12, act of 1879. 

§ 12. Fixes time for holding court in 
Eleventh Circuit. 



§ 2. Emergency. 
Approved May 13. 1903. 



An Act to amend section 12 of "An act concerning circuit courts? 
and to fix the time for holding the same in the several counties in 
the judicial circuits of the State of Illinois, exclusive of the county 
of Cook," approved May 24, 1879, in force July 1, 1879, as 
amended June 11, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 12 of an act 
entitled "An act concerning circuit courts, and to fix the time of 
holding the same in the several counties of the judicial circuits of 
the State of Illinois, exclusive of the county of Cook," approved May 
24, 1879, in force July 1, 1879, as amended June 11, 1897, in force 
July 1, 1897, be amended so as to read as follows: 

§ 12. Eleventh circuit.] In the county of McLean on the sec- 
ond Monday of September, the first Monday of November, the first 
Monday of February and the fourth Monday of April ; in the county 
of Livingston the second Tuesday of January, the second Tuesday 
of May and the second Tuesday of October; in the county of Logan 
on the third Monday of January, the third Monday of May and the 
third Monday of September; in the county of Ford on the first Tues- 
day of April, the second Tuesday of August and the first Tuesday 
of December; in the county of Woodford on the fourth Tuesday of 
April, the first Tuesday of September and the second Tuesday of 
December. 

§ 2. Whereas, An emergency exists, therefore, this act shall take 
effect and be in force from and after its passage. 

Approved May 13, 1903. 



COURTS. 149 



COUNTY COURTS-APPOINTMENT OF REPORTERS. 



2 3. Oath of reporter. 
Approved May 14. 1903. 



§ 1. County judges may appoint reporters 
in certain counties— tenure of office- 
substitutes. 

I 2. Duties of reporters— fees fixed— when 
taxed as costs. 

An Act to authorize the judges of county courts to appoint short- 
hand reporters for the taking and preservation of evidence, and 
to provide for their compensation, in counties having a popula- 
tion not more than two hundred thousand. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the several judges of 
the county courts in this State, in counties having a population 
not more than two hundred thousand, be, and they are hereby, au- 
thorized to appoint a shorthand reporter for their respective courts, 
whose duties shall be as hereinafter specified. The reporter so ap- 
pointed shall hold his position during the pleasure of the judge ap- 
pointing him; not, however, to extend beyond the time the judge 
making such appointment shall be elected for: Provided, however, 
that in case of the absence or disability of such reporter so appointed, 
the judge may appoint any other reporter to act in his place during 
such absence or disability. 

§ 2. The said reporter shall take full stenographic notes of the 
evidence in all trials in the court, for which he is appointed, in all 
cases which are appealable directly to either the appellate or supreme 
court, and furnish forthwith one transcript of the same, correctly 
made, to either party to the suit, upon the request of such party or 
his attorney. The compensation of said reporter for taking such 
stenographic notes shall be fixed by the judge appointing him at any 
sum not exceeding five dollars per day for each day of his actual at- 
tendance upon the trials of such cases as are appealable direct to 
either the appellate or supreme court. The judge of the court shall 
furnish to said reporter, at the close of each term of court, a certifi- 
cate showing the amount due him at such per diem, and, upon pre- 
sentation to the county treasurer of such county, the county treasurer 
shall pay the same out of any funds of such county in his hands. 
Said reporters shall be allowed to charge not to exceed fifteen cents 
per hundred words, said amount to be fixed by the court, for making 
transcript of said stenographic notes, to be paid in the first instance 
by the party on whose behalf such transcript is ordered and allowed, 
and taxed as costs in the suit, and the transcript when so paid by the 
party ordering it and the charges for the same is taxed as costs, the 
same shall be filed, and remain with the papers in the case: Pro- 
vided always, that the charges for making but one transcript may 
be taxed as costs, the party first ordering the transcript shall have 
the preference, unless it shall be otherwise ordered by the court. 

§ 3. Said reporter shall, before entering upon the duties of his 
office, take and subscribe the official oath to faithfully discharge the 
duties of his office to the best of his knowledge and ability. 

Approved May 14, 1903. 



150 COURTS. 

COUNTY COURTS-DE KALB COUNTY. 
2 1. Amends section 27, act of 1874. I Approved May 14, 1903. 

§ 27. Law terms in DeKalb county. I 

An Act to amend section 27 of an act entitled "An act to extend the 
jurisdiction of county courts, and to provide for the practice 
thereof, to fix the time of holding the same, and to repeal an act 
therein named, v approved March 26, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 27 of an act 
entitled "An act to extend the jurisdiction of county courts, and to 
provide for the practice thereof, to fix the time for holding the same, 
and to repeal an act therein named," approved March 26, 1874, in 
force Julyl, 1874, be, and the same is hereby, amended so as to read 
as follows: 

§ 27. Law Terms.] In the county of DeKalb on the second 
Monday of April, September and December of each year. 

Approved May 14, 1903. 



county courts-kane county. 

Approved May 14, 1903. 



I 1. Amends section 53, act of 1874. 

I 53. Law terms for Kane county- 
emereency. 

An Act to amend section 53 of an act entitled "An act to extend the 
jurisdiction of county courts and to provide for the practice 
thereof, to fix the time of holding the same and to repeal an act 
therein named]'' approved March 26, 1874, in force July I, 1874. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 53 of an act 
entitled "An act to extend the jurisdiction of county courts, and to 
provide for the practice thereof, to fix the time for holding the same, 
and to repeal and [an] act therein named," approved March 26, 1874, 
in force July 1, 1874, be, and the same is hereby, amended so as to 
read as follows: 

§ 53. Law Terms.] In the county of Kane on the second Mon- 
day of March, June, September and December of each year. 
Whereas, An emergency exists, therefore, this act shall take effect 
from and after its passage. 

Approved May 14, 1903. 



COURTS. 151 



COUNTY COURTS-PEORIA COUNTY. 
2 1. Amends section 80, act of 1874. ] Approved May 13. 1903. 

I 80. Terms in Peoria county. 

An Act to amend section 80 of an act entitled "An act to extend the 
jurisdiction of county courts and to provide for the practice there- 
of, to fix the time for holding the same, and to repeal an act therein 
named,'" approved March 26, 1874, in force July 1, 1874, as 
amended by act approved and in force April 9, 1891. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section eighty (80) of 
an act entitled "An act to extend the jurisdiction of county courts 
and to provide for the practice thereof, to fix the time for holding 
the same, and to repeal an act therein named," approved March 26, 
1874, in force July 1, 1874. as amended by act approved and in force 
April 9, 1891, be, and the same is hereby, amended so as to read as 
follows : 

§ 80. Peoria on the second Monday of February, the second 
Monday of April, the second Monday of June, the first Monday of 
October and the first Monday of December of each year. 

Approved May 13, 1903. 



county courts-sangamon county. 

3 1. Fixes time for holding court in Sanga- 3 2. Emergency. 

mon county. Approved March 26. 1903. 

An Act to amend section 91 1-2 of an act entitled "An act to extend 
the jurisdiction of county courts, and to provide for the practice 
thereof, to fix the time for holding the same, and to repeal an act 
therein named, v approved March 26, 1874, in force July 1, 1874, 
as amended by an act approved March 25, 1887, in force March 
25, 1887. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That an act entitled "An 
act to amend an act entitled 'An act to amend section ninety -one and 
one-half (91|) of an act entitled 'An act to extend the jurisdiction of 
county courts, and to provide for the practice thereof, and to fix the 
time for holding the same, and to repeal an act therein named,' " ap- 
proved March 26, 1874; approved April 6, 1875; approved March 25, 
1887; be, and the same is hereby, amended so as to read as follows: 

Section ninety-one and one-half (91^) . "Sangamon on the first 
Monday in August, October, December, February, April and June." 

§ 2. For the reason that a term of said court intervenes between 
this time and the first day of July next, an emergency exists, and 
this act shall be in force from and after its passage. 

Approved March 26, 1903. 



152 COURTS. 



COUNTY COURTS-ST. CLAIR GOUNTY. 
2 1. Amends section 90, act of 1874. I Approved May 13, 1903. 

§ 2. Emergency. 

An Act to amend section ninety (90) of an act entitled (i An act to 
extend the jurisdiction of county courts, and to provide for the 
practice thereof, to fix the time for holding the same, and to repeal 
an act therein named, v approved March 26, 1874, in force July 1, 

1874. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section ninety (90) of 
an act entitled "An act to extend the jurisdiction of county courts, 
and to provide for the practice thereof, to fix the time for holding 
the same, and to repeal an act therein named," approved March 26, 
1874, in force July 1, 1874, be, and the same is hereby, amended to 
read as follows: Section 90. St. Clair in March, June and No- 
vember. 

§ 2. For the reason that all applications for judgment and order 
of sale for taxes and special assessments on delinquent lands and lots 
are required by law to be made at the June term of the county court, 
and, Whereas, A June term of said court is necessary prior to the 
first day of July next, an emergency exists, and this act shall be in 
force from and after its passage. 

Approved May 13, 1903. 



§ 1. Fixes time for holding court in Will 
county. 

$ 2. Emergency. 



COUNTY COURTS-WILL COUNTY. 
I 3. Repeal. 



Approved April 3, 1903. 



An Act to amend section 106 of an act entitled "An act to extend 
the jurisdiction of county courts, and to provide for the practice 
thereof, to fix the time for holding same, and to repeal an act 
therein named," approved March 26, 1874, in force July 1, 1874, 
as amended by an act approved May 10, 1901, in force July 1, 
1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 106 of an act 
entitled "An act to extend the jurisdiction of county courts, and to 
provide for the practice thereof, to fix the time for holding same, 
and to repeal an act therein named," approved March 26, 1874, in 
force July 1, 1874, as amended by an act approved May 10, 1901, in 
force July 1, 1901, be, and the same is hereby, amended so as to read 
as follows: 

§ 106. Will. In February, April, June, August, October and 
December. 



COURTS. 153 



§ 2. Whereas, An emergency exists, and this act shall be in 
force and effect from and after its passage. 

§ 3. All acts or parts of acts in conflict herewith are hereby 
repealed. 

Approved April 3, 1903. 



COUNTY AND PROBATE COURTS-INTERCHANGE OF JUDGES. 

I 1, County and probate judges given same Approved May 13, 1903. 
privileges as circuit judges as to 
interchange of duties. 

An Act to authorize the several county and probate judges in this 
State to interchange, hold court for each other, and perform each 
other's duties. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the county and probate 
judges in the several counties of this State, with like privileges as 
the judges of the circuit courts of this State, may interchange with 
each other, hold court for each other, and perform each other's duties, 
in their own or any other county, when they find it necessary or con- 
venient. 

Approved May 13, 1903. 



SUPREME COURT-FOURTH DISTRICT DEFINED. 



I 1. Changes boundaries of 4th district. 

I 2. Names counties taken Ifrom other dis- 
tricts. 



§ 3. Fixes date of election in 4th district. 
Approved April 3, 1903. 



An Act changing the boundaries of the Fourth Supreme Court Dis- 
trict of the State of Illinois, and thereby affecting the boundaries 
of other districts therein named and providing for an election in 
said fourth district. 

Whereas, The Constitution of this State provides that the boun- 
daries of the districts for the election therein of judges of the Su- 
preme Court may be ohanged at the session of the General Assembly 
next preceding the election for judges therein, and at no other time; 
and, 

Whereas, There will be held an election for a judge of the Su- 
preme Court in the said Fourth Supreme Court District on the first 
Monday of June, 1903, under the Constitution of this State; and, 

Whereas, Said Fourth Supreme Court District has a less number 
of inhabitants by more than 100,000, according to the census of 1900, 
than any other one of the seven districts for the election of Supreme 
Judges in the State of Illinois; therefore, 



154 COURTS. 



Section 1. Be it enacted by the People of ihe State of Illinois 
represented in the General Assembly : That the boundaries of the 
said fourth Supreme Court district are hereby changed so that, after 
the passage of this act, said district shall be composed of the follow- 
ing counties, to-wit: Rock Island, Mercer, Warren, Henderson, Ful- 
ton, McDonough, Hancock, Adams, Schuyler, Brown, Mason, Men- 
ard, Morgan and Cass. 

§ 2. After the passage of this act, said county of Rock Island 
shall cease to be a part of the sixth Judicial District for the election of 
Supreme Judge, and shall constitute a part of said fourth district, as 
hereinbefore provided; said counties of Mercer, Warren and Hen- 
derson shall cease to be a part of the fifth district for the election of 
Supreme Judge, and shall constitute a part of said fourth district, 
as hereinbefore provided; and said counties of Pike and Scott shall 
cease to be a part of said fourth district, and are added to and shall 
form a part of the second district for the election of Supreme Judge. 

§ 3. On the first Monday of June, A. D. 1903, and every nine 
years thereafter, as provided by law, there shall be elected a judge 
of the Supreme Court in said fourth district as composed of the 
counties mentioned in section one of this act. 

Approved April 3, 1903. 



SUPREME COURT-LIBRARIAN. 

Approved May 14, 1903. 



I 1. Amends section 17, act of 1874. 

2 17. Appointment of librarian- 
duties to be prescribed by 
court— compensation— bond. 

An Act entitled "An act to amend section 17 of an act entitled 'An 
act to revise the law in relation to the Supreme Court' approved 
March 23, 1874, in force July 1, 1874." ' 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section 17 of an act 
entitled, "An act to revise the law in relation to the Supreme Court," 
approved March 23, 1874, in force July 1, 1874, be, and the same is 
hereby, amended to read as follows: 

§ 17. The judges of the Supreme Court shall appoint a librarian 
for the Supreme Court library, located at the State Capitol, and 
prescribe his duties, and fix his compensation not exceeding 
eighteen hundred dollars per year, to be paid as other expenses of 
the Supreme Court are paid. Such librarian, before entering upon 
the duties of his office, shall give bond payable to the People of the 
State of Illinois in the penal sum of one thousand dollars, with se- 
curity to be approved by two judges of said court, conditioned for 
the due preservation of the books belonging to the library, in his 
charge, and for the faithful performance of his duties as such libra- 
rian. 

Approved May 14, 1903. 



CRIMINAL CODE. 155 



CRIMINAL CODE. 



ABANDONMENT OP WIPE AND CHILDREN. 
I 2. Evidence required. 



1 1. Abandonment of wife or child a mis- 
demeanor—penalty—fine may be paid 
to wife or child— weekly payments- 
probation— recognizance— forfeiture. 



\ 3. Repeal. 
Approved May 13. 1903. 

An Act making it a misdemeanor to abandon or wilfully neglect to 
provide for the support and maintenance, by any person, of his 
wife, or of his or her minor children in destitute or necessitous 
circumstances. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every person who shall, 
without good cause, abandon his wife and neglect and refuse to main- 
tain and provide for her, or who shall abandon his or her minor child 
or children, under the age of twelve years, in destitute or necessitous 
circumstances, and wilfully neglect or refuse to maintain and provide 
for such child or children, shall be deemed guilty of a misdemeanor 
and, on conviction thereof, shall be punished by a fine of not less 
than one hundred dollars or more than five hundred dollars, or by 
imprisonment in the county jail, house of correction or workhouse 
not less than one month or more than twelve months, or by both such 
fine and imprisonment; and, should a fine be imposed, it may be 
directed by the court to be paid, in whole or in part, to the wife, or 
to the guardian or custodian of the minor child or children: Pro- 
vided: that before the trial (with the consent of the defendant), or 
after conviction, instead of imposing the punishment hereinbefore 
provided, or in addition thereto, the court in its discretion, having 
regarded the circumstances and financial ability of the defendant, 
shall have the power to pass an order, which shall be subject to 
change by it from time to time, as the circumstances may require, 
directing the defendant to pay a certain sum weekly for one year to 
the wife, guardian or custodian of the minor child or children, and to 
release the defendant from the custody, on probation, for the space of 
one year upon his or her entering into a recognizance, with or with- 
out sureties, in such sums as the court may direct. The conditions 
of the recognizance shall be such that, if the defendant shall make 
his or her personal appearance in court whenever ordered to do so 
within a year, and shall further comply with the terms of the order, 
then the recognizance shall be void, otherwise of full force and effect. 
If the court be satisfied by information and due proof, under oath, 
that at any time during the year the defendant has violated the 
terms of such order, it may forthwith proceed with the trial of the 
defendant under the original indictment, or sentence him or her 
under the original conviction, as the case may be. In a case of for- 
feiture of a recognizance and enforcement thereof by execution, the 
sum recovered may, in the discretion of the court, be paid in whole or 
in part to the wife, guardian or custodian of the minor child or 
children. 



156 CRIMINAL CODE. 



§ 2. No other evidence shall be required to prove marriage of such 
husband and wife, or that such person is the lawful father or mother 
of such child or children, than is or shall be required to prove said 
facts in a civil action, and such wife shall be a competent witness to 
testify in any case brought under this act, and to any and all matters 
relevant thereto, including the fact of such marriage and the 
parentage of such child or children. 

§ 3. All acts and portions thereof in conflict herewith, are hereby 
repealed. 

Approved May 13, 1903. 

ADMINISTRATOR, EXECUTOR. ETC.. FAILING TO REPORT. 



% 1. Enacting clause. 



Approved May 13, 1903. 



§ 8Vv. Administrator, executor, 
guardian, etc., refusing to 
report guilty of larceny. 

An Act to amend an act entitled, "An act to revise the law in rela- 
tion to criminal jurisprudence,''' approved March 27, 1874, in 
force July 1, 1874, by adding thereto the following to be known as 
section 81 1-2. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled, "An 
act to revise the law in relation to criminal jurisprudence," approved 
March 27, 1874, in force July 1, 1874, be, and the same is hereby 
amended by adding thereto the following, te be known as section 81^. 

§ 81 ij. Whoever, being the administrator of the estate of a dece- 
dent, or the executor of a last will, or guardian of any minor, con- 
servator of any idiot, distracted person, drunkard, spendthrift or in- 
sane person, or trustee or other person acting in any fiduciary capa- 
city, without good cause, fails or refuses, when legally required by 
the proper person or authority, to account for or pay over to such 
person or persons as may be lawfully entitled to receive the same, 
any money, choses in action, or other property which may have come 
into his hands by virtue of his office, duty or trust, shall be deemed 
guilty of larceny. 

Approved May 13, 1903. 



banks receiving deposits when insolvent. 



§ 1. Amends section 1, act of 1879. | 

§ 1. Receiving deposit by insolvent 
concern declared embezzle- 
ment—penalty. 



Approved May 13, 1903. 



An Act to amend section 1 of an act entitled "An act for the pro- 
tection of bank depositors," approved June 4, 1879, in force July 
1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 1 of an act en- 



CRIMINAL CODE. 157 



titled, "An act for the protection of bank depositors," approved June 
4, 1879, in force July 1, 1879, be, and the same is hereby amended so 
as to read as follows, to- wit: 

§ 1, That if any banker or broker, or person or persons doing a 
banking business, or any officer of any banking company, or incor- 
porated bank doing business in this State, shall receive from any 
person or persons, firm, company or corporation, or from any agent 
thereof, not indebted to said banker, broker, banking company, or 
incorporated bank, any money, check, draft, bill of exchange, stocks, 
bonds, or other valuable thing which is transferable by delivery, 
when at the time of receiving such deposit, said banker, broker, 
banking company or incorporated bank is, in his or its knowledge, in- 
solvent, whereby the deposit so made shall be lost to the depositor, 
said banker, broker or officer, so receiving such deposit, shall be 
deemed guilty of embezzlement, and, upon conviction thereof, shall 
be fined in a sum double the amount of the sum so embezzled and 
fraudulently taken, and, in addition thereto, may be imprisoned in 
the State penitentiary, not less than one nor more than three years. 

Approved May 13, 1903. 



CHAUTAUQUA ASSOCIATIONS-PROTECTION PROVIDED. 

I 3. Arrests without warrant. 



§ 1. Special police — appointment — oath- 
certificate— badge— powers. 

§ 2. Trespass on premises prohibited- 
penalty. 



Approved May 16, 1903. 



An Act for the protection of Chautauqua associations, for the ap- 
pointment by them of special police officers, and to fix penalties 
for the violation of the rules of such associations. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be lawful for 
any Chautauqua association incorporated under any law of the 
State of Illinois, to select and appoint, at or before the time of 
holding its annual assembly, as many persons to act in the oapacity 
of special policemen as may by said association be deemed requisite 
to insure peace and good order, and to prevent trespasses on, in, and 
about the grounds, building and place of holding such assembly, 
for and during the holding of the same: Provided, 
that every such person, before entering upon the duties 
of special policeman, shall take the oath of office before 
any judge or justice of the peace residing in the county 
in which such assembly is to be, or is being held, and shall receive 
from such judge or justice of the peace a certificate, under his hand 
and seal, of such appointment and authority to act as such special 
policeman, and which appointment and authority shall be indi- 
cated by some appropriate badge of office, and when so authorized, 
he shall be clothed with full police power. 



158 CRIMINAL CODE. 



§ 2. That whoever, during the holding of any annual assembly 
of any Chautauqua association, shall, with intent to defraud any 
such assembly, enter or shall attempt to enter, or shall remain on 
the grounds or enclosure of any building within or upon which 
such assembly is being held, without having permission from the 
proper authorities thereof, or without having purchased and surren- 
dered a ticket of admission which shall entitle him so to enter and 
remain, or without having complied with the published rules 
of such association in regard to entrance thereto, or remaining 
thereon, shall, upon conviction, be fined not less than two nor more 
than twenty dollars for each offense. 

§ 3. Any special policeman appointed and authorized pursuant 
to this act, and any sheriff, coroner, constable or other officer author- 
ized to make arrests, shall have the power, upon view without war- 
rant or with warrant, to arrest any person or persons, for the viola- 
tion of any provision of this act. 

Approved May 15, 1903. 



CIVIL RIGHTS OP CITIZENS. 

Approved May 15, 1903. 



I 1. Amends section 42i. act of 1874. 

§ 42i. All citizens of this State guar- 
anteed equal enjoyment of 
certain rights enumerated. 

An act to amend section 42i of "An act to revise the law in relation 
to criminal jurisprudence," approved March 27, 1874, in force 
July 1, 1874, as amended by act approved June 10, 1897, in force 
July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 42i of "An act 
to revise the law in relation to criminal jurisprudence," approved 
March 27, 1874, in force July 1, 1874, as amended by act approved 
June 10, 1897, in force July 1, 1897, be amended to read as follows: 

§ 42i. That all persons within the jurisdiction of said State of 
Illinois shall be entitled to the full and equal enjoyment of the ac- 
commodation, advantages, facilities and privileges of inns, restau- 
rants, eating houses, hotels, soda fountains, saloons, barber shops, 
bath rooms, theaters, skating rinks, concerts, cafes, bicycle rinks, 
elevators, ice cream parlors or rooms, railroads, omnibuses, stages, 
street cars, boats, funeral hearses and public conveyances on land 
and water, and all otherplaces of public accommodation and amuse- 
ment, subject only to the conditions and limitations established by 
law, and applicable alike to all citizens. 

Approved May 15, 1903. 



CRIMINAL CODE. 159 



EXPLOSIVES-MANUFACTURE REGULATED. 

? 1. Amends section 4, act of 1887. Approved May 15, 1903. 

§ 4. Location of factory— permit to 
manufacture — violations of 
act a felony— penalty. 

An Act to amend section 4 of an act of the General Assembly of the 
State of Illinois, entitled "An act to regulate the manufacture, 
transportation, use and sale of explosives, and to punish an im- 
proper use of the same, v approved June 16, 1887, and in force 
July 1, 1887, and amended by an act of the General Assembly of 
the State of Illinois, approved May 28, 1889, and in force July 1, 
1889. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section 4 of an act of 
the General Assembly of the State of Illinois, entitled "An act to 
regulate the manufacture, transportation, use and sale of explosives, 
and to punish an improper use of the same," approved June 16, 1887, 
in force July 1, 1887, as amended by an act of the General Assembly 
of the State of Illinois, approved May 28, 18S9, and in force July 1, 
1889, so that the same shall read as follows: 

§ 4. That no person, firm, company or corporation shall make, 
manufacture or compound, within the limits of this State, any dyna- 
mite, nitro-chlorate or other explosive compound within one-half {\) 
mile of any inhabited dwelling, without first having obtained the 
consent in writing of a majority of the legal voters residing within a 
radius of one-half (\) mile of such place of making, manufacturing 
or compounding: Provided, that nothing in this section shall 
authorize the manufacture or compounding of any dynamite, nitro- 
chlorate or other explosive within any incorporated city or village; 
and no person, firm, company or corporation shall make, manufac- 
ture or compound any dynamite, nitro-chlorate or any other explosive 
compound without a permit for such purpose, signed by the county 
clerk of the county in which said manufacturing or compounding is 
desired to be done, duly attested with the seal of such official, and 
said county clerk shall issue such permit when the consent in writing 
is presented of a majority of the adult residents and legal voters re- 
siding within a radius of one-half (^) mile of such place of making 
and manufacturing, and filed with him, and the official issuing said 
permit shall keep a record of said permit and contents, and of the 
names and residences of the persons to whom such writ or permit is 
issued. The officer authorized by this act shall not issue such per- 
mit, unless the purpose for which such explosive or compound is to 
be manufactured, is a lawful one. Any person, firm, company or cor- 
poration making any such compound without such permit shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall be sub- 
ject to a fine and imprisonment in the county jail of not to exceed 
one year, or both, in the discretion of the court, such fine to be not 
less than two hundred dollars nor more than one thousand dollars, 



160 



CRIMINAL CODE — DRAINAGE. 



and for a second offense shall be deemed guilty of a felony, and be 
subject to imprisonment in the penitentiary for not less than one 
year nor more than five years, and a fine of not less than five hun- 
dred dollars nor more than two thousand dollars. 

Approved May 15, 1903. 



DRAINAGE. 



DRAINAGE DISTRICT BENEFITED BY ANOTHER DISTRICT. 



§ 1. Improvements in lower district bene- 
fiting upper district. 

2 2. Proceedings against upper district by 
lower district. 



§ 4. Court sball render judgment. 
§ 5. Proof required at hearing. 

§ 6. Payment of award— assessment to 

make payment. 
Approved May 14, 1903. 



1 3. Petition— summons— hearing. 

An Act to require drainage districts lying above a lower drainage 
district, or emptying into a lower drainage district, whether such 
districts be organized under the same or different drainage laws 
of this State, to pay to the lower drainage district, for benefits 
received, if any, by the lands of the upper district, by the enlarg- 
ing or improving of the ditches or drains of the lower district, or 
the construction of an outlet or outlets for the ditches or drains 
of the lower district, within or outside the boundaries of said 
lower district; and to provide for the collection and payment of 
such benefits. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any drainage 
district heretofore, or that may hereafter be organized under any 
drainage law or drainage act of this State, enlarges or improves its 
ditch, ditches or drains, or extends the outlet or outlets of its ditch, 
ditches or drains within or beyond its boundaries, in the manner 
provided by law, so as to benefit the lands or any part thereof, within 
any drainage district or districts lying above such district, or empty- 
ing into such district, such upper district or districts so benefited 
shall be liable to the lower district so enlarging or repairing its ditch, 
ditches or drains, or extending its outlet or outlets as aforesaid, for 
the just proportion of the cost of the work of said lower district that 
such upper district or districts will[m7Z] be benefited by the work of 
suoh lower district; and the fact that the lower district constructing the 
work herein mentioned is organized and operating under a different 
drainage act or drainage law of this State from that under which said 
upper district or districts, or district or districts emptying into said 
lower district, is or was organized or is operating, shall not preclude 
a recovery hereunder by such lower district. 

§ 2. Whenever such lower district enlarges or improves its ditch, 
ditches or drains, or extends its outlet or outlets, in the manner pro- 



DRAINAGE. 161 



vided in the preceding section, so as to benefit the lands of any upper 
district, or district or districts emptying into such lower district, it 
shall be the duty of the commissioners of such lower district, in case 
the amount of benefits to be paid to the lower district cannot be ad- 
justed with the commissioners of such upper district or districts; or 
district or districts emptying into such lower district, to file a peti- 
tion, sworn to by at least two of the commissioners of said lower dis- 
trict, in the county court of the county where such lower district 
was organized, against such upper district or districts, or such dis- 
trict or districts emptying into such lower district, setting forth the 
facts and other matters under which the lower district claims relief, 
together with a map, profile and specifications of the work done or 
proposed to be done by said lower district, together with an esti- 
mated cost thereof of such work. 

§ 3. Upon the filing of such petition, the usual common law 
summons shall issue out of said court against such upper district or 
districts, or district or districts emptying into such lower district, 
which summons shall be served upon the commissioners of such 
upper district or districts, or district or districts emptying into such 
lower district, as in common law cases. Said cause shall be heard 
and tried at any probate or common law term of said court, and the 
practice shall be as in cases at common law. 

§ 4. Upon the hearing of said cause, the court shall determine 
from the evidence what sum, if any, the lower district shall receive 
from the upper district or districts, or district or districts emptying 
into such lower district, and shall render judgment therefor accord- 
ingly. 

§ 5. Upon such hearing, it shall not be necessary for the lower 
district to prove or establish that it has completed the construction 
of the work of enlarging or improving its ditches and drains, or the 
work of constructing the outlet or outlets of its district, but it shall 
be sufficient that such work be laid out and approved by the author- 
ity provided by law, to authorize the construction of said work in 
such lower district. 

§ 6. The commissioners of the district against which judgment 
shall be entered, as provided for in section 4 of this act, shall, with- 
out delay, pay the same out of the funds of said district, if any, that 
may be lawfully applied for that purpose; otherwise the commis- 
sioners shall, without delay, levy an assessment against the lands of 
such district for the purpose of paying such judgment, in the man- 
ner provided by the drainage law or act under which said district at 
the time of the rendition of said judgment may be organized or 
operating. 

Approved May 14, 1903, 
—11 



162 DRAINAGE. 



DRAINAGE DISTRICTS-ORGANIZATION OP SUB-DISTRICTS. 



2 1. Amends section 59. act of 1885. Approved May 13, 1903. 

I 59. Organization of sub-districts— 
application of owners— duties 
of drainage commissioners- 
action of court— funds of sub- 
district kept separate. 

An Act to amend section 59 of an act entitled "An act to revise and 
amend an act and certain sections thereof entitled 'An act to pro- 
vide for the construction, reparation and protection of drains, 
ditches and levees across the lands of others for agricultural, 
sanitary and mining purposes, and to provide for the organiza- 
tion of drainage districts,' approved and in force May 29, 1879, 
as amended by certain acts herein entitled and to repeal certain 
laws therein named," approved June 30, 1885, in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 59 of "An act 
to revise and amend an act, and certain sections thereof, entitled 
'An act to provide for the construction, reparation and protection of 
drains, ditches and levees across the lands of others, for agricultural, 
sanitary and mining purposes, and to provide for the organization of 
drainage districts,' approved and in force May 29, 1879, as amended 
by certain acts herein entitled, and to repeal certain laws therein 
named," approved June 30, 1885, in force July 1, 1885, be, and the 
same is hereby, amended so as to read as follows: 

§ 59= If, after an assessment of lands throughout the district has 
been made for the purpose of constructing the work laid off accord- 
ing to the profiles, plats and specifications of the commissioners, as 
reported and confirmed, it shall appear to the commissioners on 
application of some owner or owners of land in the district, that addi- 
tional ditches, drains, outlets or other work over other lands are 
needed, in order to afford complete drainage by outlets, or protection 
to some particular tract or tracts of land of such owner, it shall be 
the duty of such commissioners to examine such lands, and lay off 
and make plans, profiles and specifications of such additional work, 
and costs of the same, and make a special report thereof, and file the 
same in the county court; such report being filed, the commissioners 
shall give the owner who made such application, and other persons 
interested in such tracts of land over which the proposed ditches or 
drains are sought to be constructed, ten days notice of the filing and 
hearing of such report in the manner required by section three of 
this act; said notice shall state that the commissioners will appear at 
a day mentioned in said notice, and ask said court for a confirmation 
of such special report and upon confirmation thereof by the 
court, a special assessment of benefits and damages shall be 
made upon the particular lands benefited by the proposed work, 
by the commissioners or a jury; and like proceedings shall be 
had therein as in other cases of assessment of benefits and damages 
provided by this act. The affidavit of any of the commissioners, or 
any other creditable person, of the posting and mailing thereof 



DRAINAGE. 163 



affixed to a copy of said notice, shall be sufficient evidence of the 
posting amd mailing of said notices, and the certificate of the pub- 
lisher of the newspaper in which the said notice was published shall 
be sufficient evidence of the publication of such notice. Upon con- 
firmation of said special report by the court, it shall be the duty of 
the court to declare the lands found to be affected by the work pro- 
posed by said special report, to be organized into a sub-district, and 
all assessments received or collected in such sub-district for the work 
of such sub-district, shall be kept as a separate fund belonging to 
such sub-district. 

Approved May 13, 1903. 



DRAINAQE-'DITCH" DEFINED. 

Approved May 14, 1903. 



§ 1. Amends section 57, act of 1879. 

I 57. "Ditch" defined— straightening: 
and cleansing" natural water 
courses— section applies to all 
drainage districts. 

An Act to amend section fifty-seven (57) of an act entitled, "An act 
to revise and amend an act, and certain sections thereof, entitled, 
'An act to provide for the construction, reparation and protection 
of drains, ditches and levees across the lands of others, for agri- 
cultural, sanitary and mining purposes, and to provide for the 
organization of drainage districts,'" approved and in force May 
29, 1879, as amended by certain acts herein entitled, and to repeal 
certain laws therein named, approved June 30, 1885, in force 
July 1, 1885, as further amended by an act approved and in force 
June 3, 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section fifty-seven (57) 
of an act entitled, "An act to revise and amend an act, and certain 
sections thereof, entitled, 'An act to provide for the construction, 
reparation and protection of drains, ditches and levees across the 
land of others, for agricultural, sanitary and mining purposes, and to 
provide for the organization of drainage districts,' " approved and in 
force May 29, 1879, as amended by certain acts herein entitled, and 
to repeal certain laws therein named, approved June 30, 1885, in 
force July 1, 1885, as further amended by an act approved and in 
force June 3, 1889, be, and the same is hereby, amended so as to 
read as follows: 

§ 57. Meaning of the Word Ditch. What Act Includes.] 
The word ditch when used in this act, shall be held to include any 
drain or water course, and the petition for any drainage district shall 
be held to mean and include any side, lateral, spur, or branch ditch 
or drain, whether open, covered or tiled, or any natural watercourse 
into which such drains or ditches may enter for the purpose of outlet, 
whether such watercourse is situated in or outside of the district 



164 DRAINAGE — DRAM SHOPS. 



And to secure complete drainage of the lands within any drainage 
district, the commissioners are hereby vested with full power to 
widen, straighten, deepen or enlarge any such watercourse, or remove 
driftwood or rubbish therefrom, whether such watercourse is situ- 
ated in, outside or below any drainage district; and, when it is nec- 
essary, straighten such natural watercourse by cutting of new channel 
upon other lands, the value of such lands to be occupied by such 
new channel, and damages if any, made by such work, may be as- 
certained and paid in the manner that is now or may hereafter be 
provided by any law providing for the exercise of the right of eminet 
[eminent] domain in force in this State. The expenses of the work 
provided for in this section shall be paid from moneys arising from 
assessments upon lands within the district. This section shall apply 
to any and all drainage districts that have been heretofore, or may 
hereafter be organized under this act. 

Approved May 14, 1903. 



DRAM SHOPS. 



LICENSING OF SOLICITORS FOR LIQUOR TRADE. 

2 2. Solicitors mast have license— bond- 
nature of license— fee. 
Approved May 15, 1903. 



I 1. Soliciting unlicensed persons to keep a 
dramshop — soliciting orders for 
sales of liquors— penalty. 



An Act to provide for the granting of licenses for the sale of spiri- 
tuous or vinous liquors, and providing for a penalty for a viola- 
tion thereof. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whoever on his own 
behalf, or as the agent of another, without having a license so to do, 
as provided by this act, shall solicit any person, firm or corporation 
not having a license to keep a dram shop under the laws of this 
State, or to a licensed physician or druggist, to buy or contract for 
the future delivery of, or to make an order for any spirituous or 
vinous liquors in any less quantity than five (5) gallons, or shall on 
his own behalf, or as such agent, or as the agent of the purchaser 
make an order or contract for the future delivery of any such liquor 
to any such person, firm or corporation, shall be subject to a fine of 
not less than $50 nor exceeding $200, and to imprisonment in the 
county jail not less than thirty (30) days nor more than ninety (90) 
days for each offense, or both such fine and imprisonment, in the 
discretion of the court. 



DRAM SHOPS. 165 



§ 2. The county boards in counties under township organization, 
and the county commissioners in counties not under township or- 
ganization of each county in counties of the first and second class, 
may grant licenses to persons to act on their own behalf, or as agents 
for others in the sale of spirituous or vinous liquors for future de- 
livery in their respective counties as they may think the public good 
requires, upon the application by petition of a majority of the legal 
voters of said county, and before such license shall be issued, such 
applicant shall furnish a good and sufficient bond in the sum of not 
less than $1,000, nor more than $3,000, to be approved by the chair- 
man of the county board, in counties under township organization, 
and by the chairman of the county commissioners in counties not 
under township organization, conditioned that the person, so licensed, 
will act in conformity with the law, and that all fines assessed against 
the applicant for a violation of this act will, upon final judgment 
against him, be fully paid. And such lioense shall set forth the 
name of the licensee, his place of residence, the place where such 
agency is to be exercised, the length of time he is authorized to act, 
the name of his principal, and, in case he is as agent, the name of 
the sureties on his bond, which shall be recorded in a book provided 
for that purpose of the county clerk of the county in which such 
license shall be issued; and said license shall be signed by the chair- 
man of the county board in counties under township organization, 
and by the chairman of the county commissioners in counties not 
under township organization, and attested by the county clerk of 
such county. No such license shall issue for less than $500 per an- 
num, nor for a shorter time than one (1) year, and the payment of 
the license fee for the term of one (1) year in advance, shall be a 
condition precedent to the issue of such license. Said license fees 
shall be collected by the county clerk upon the issue of such license, 
and be paid by him immediately into the county treasury of such 
county, and become a part of the general revenue of such county: 
Provided, nothing in this act shall prohibit any person, firm or 
corporation upou their own behalf, or by an agent, from soliciting 
for the sale of the liquors herein enumerated, within the limits of 
any city or village for which they have a city or village license for 
the sale of said liquors. 

Approved May 15, 1903. 



166 ELECTIONS. 



ELECTIONS. 



CITY ELECTION LAW-ADOPTION OF ACT 
? 1. Amends sections 1 and 14. act of 1885. 



§ 1. Adoption of act by electors of 
city. 



g 2. Adoption of act by electors of 
village or incorporated town. 

Approved May 16. 1903. 



An Act to amend section 1 and 14 of an act entitled, "An act to 
amend an act entitled, 'An act regulating the holding of elections 
and declaring the results thereof in cities, villages and incorpo- 
rated towns in this State,' approved June 19, 1885, in force July 
1, 1885, as amended by an act approved June 18, 1891, in force 
July 1, 1891," approved April 24, 1899, in force July 1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 1 and 14 of an 
act entitled, "An act to amend an act entitled, 'An act regulating the 
holding of elections and declaring the result thereof in cities, vil- 
lages and incorporated towns in this State,' approved June 19, 1885, 
in force July 1, 1885, as amended by an act approved June 18, 1891, 
in force July 1, 1891," approved April 24, 1899, in force July 1, 1899, 
be, and the same are hereby amended so as to read as follows: 

§ 1. That the electors of any city now existing in this State may 
adopt and become entitled to the benefits of this act in the manner 
following : 

"Whenever one thousand of the legal voters of such city voting at 
the last preceding election shall petition the judge of the county 
court of the county in which such city is located, to submit to a vote 
of the electors of such city the proposition as to whether such city 
and the electors thereof shall adopt and become entitled to the bene- 
fits of this act, it shall be the duty of such county court to submit 
such proposition accordingly at the next succeeding general State, 
county or municipal election; and if such proposition is not adopted 
at such election, the same shall in like manner be submitted to a 
vote of the electors of such city by said county court upon a like ap- 
plication at any general, State, county or municipal election there- 
after, and an order shall be entered of record in such court submit- 
ting such proposition as aforesaid. If one thousand shall exceed 
one- eighth of the legal voters of any such city voting at the last pre- 
ceding election, then such petition or application need not be signed 
or made by more than one-eighth of the legal voters of such city 
voting at the last preceding election. 

§ 14, Any village or incorporated town in this State may adopt 
this act, in like manner, and the same shall be submitted to a vote 
of the people of the said village or town, upon written application to 
said county court, of one hundred and fifty electors in such village 
or town. 

Approved May 16, 1903. 



ELECTIONS. 167 



CITY ELECTION LAW-BALLOT BOX, REPEAL OF SECTION 19, ARTICLE L 

1 1. Repeals section 19, article i, act o£ 1886, I Approved May 15, 1903. 

2 2. Emergency. I 

An Act to repeal section 19 of article 4 of an act entitled, "An act 
regulating the holding of elections and declaring the result there- 
of in cities, villages and incorporated towns in this State" ap- 
proved June 19, 1885, in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 19 of article 4 
of an act entitled, "An act regulating the holding of elections and 
declaring the result thereof in cities, villages and incorporated towns 
in this State," approved June 19, 1885, in force July 1, 1885, be, and 
the same is hereby repealed. 

§ 2. Whereas, An emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved May 15, 1903. 



CITY ELECTION LAW-DUTY OP JUDGES AND CLERKS. 

\ 1. Amends section 18, article 4, act of 1885. Approved May 15, 1903. 

i 18. Duties of election officers at 
close of canvass of votes- 
emergency. 

An Act to amend section 18 of article 4 of an act entitled, "An act 
regulating the holding of elections and declaring the result thereof 
in cities, villages and incorporated towns in this State," approved 
June 19, 1885, in force July 1, 1885, as amended by an act ap- 
proved April 24, 1899, in force July 1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 18 of article 4 of 
an act entitled, "An act regulating the holding of elections and de- 
claring the result thereof in cities, villages and incorporated towns 
in this State," approved June 19, 1885, in force July 1, 1885, as 
amended by an act approved April 24, 1899, in force July 1, 1899, be 
amended so as to read as follows: 

§ 18. Thereupon one of the judges of election shall take charge 
of said poll books and the key to the ballot box. The two judges who 
do not have charge of the poll books shall each take one of the state- 
ments of the votes cast, into his possession, sealed up in the envelopes 
as aforesaid, and each of the clerks shall take one of the tally sheets, 
sealed up in the envelopes as aforesaid. Thereupon, and before twelve 
o'clock of the day after such election, the judge having possession of 
auch poll books shall deliver the same as aforesaid to the board of elec- 
tion commissioners with the seal unbroken, and shall receive a receipt 
therefor; and the two judges not having possession of the poll books 
and the two clerks shall each, before twelve o'clock of the next day 
after such election, deliver the statements and tallies so in their pos- 



168 ELECTIONS. 



session respectively, to the respective officers to whom addressed 
as aforesaid and who, by this act, are entitled to receive the same, and 
when delivered, each one shall take a receipt from the officer to whom 
delivered. And none of them shall receive pay for their services as 
such judges or clerks without the production of the receipts so given 
them by the officers as aforesaid. It shall be the duty of the respec- 
tive officers so designated, to whom such poll books, statements and 
tallies are ordered to be delivered, to receive the same, and to safely 
keep under lock and key until ordered to be surrendered as herein- 
after provided. Whereas, An emergency exists, therefore, this act 
shall take effect and be in force from and after its passage. 

Approved May 15, 1903. 

city election law-registration. 



I 34. Illegal copying of affidavits or 
registers—penalty. 

§ 2. Emergency. 

Approved May 15, 1903. 



I 1. Amends sections 32, 33 and 31, act of 

1885. 

2 32. Affidavits and registers— care 
and custody of— violation- 
penalty. 

I 33. Affidavits and registers— duty 
of election commissioners 
concerning. 

An Act to amend sections 32, 33 and 34 of article 3 of an act en- 
titled, "An act regulating the holding of elections and declaring 
the result thereof in cities, villages and incorporated towns in this 
State," approved June 19, 1885, in force July 1, 1885, as amended 
by an act approved April 24, 1899, in force July 1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois* 
represented in the General Assembly: That sections 32, 33 and 34 
of article 3 of an act entitled, "An act regulating the holding of elec- 
tions and declaring the result thereof in cities, villages and incor- 
porated towns in this State," approved June 19, 1885, in force July 1, 
1885, as amended by an act approved April 24, 1899, in force July 1, 
1899, be amended so as to read as follows: 

§ 32. All affidavits left with the judges of election at any registra- 
tion, revision of registration or election shall be immediately returned 
to the office of the election commissioners. Said affidavits, before 
being so returned, must be enclosed in an envelope provided for that 
purpose, which shall then be securely sealed with sealing wax or 
other adhesive material, and each of the judges shall write his name 
across the seal. Said judges of election of any precinct shall, on the 
day preceding any registration or election, and upon the day of any 
revision, call at the office of said commissioners and receive the 
registers of such precinct, said registers, except the public register, 
being enclosed in an envelope and sealed with a stamp of the chief 
clerk of the election commissioner's office. Such envelope shall not 
be opened by the judges of election until the beginning of the ses- 
sion of registration, revision or election at which the registers are to 



ELECTIONS. 169 



be used, and shall only be opened when all of the judges are present. 
Immediatly at the close of any registration, revision or election, the 
said registers, except the public register, shall be enclosed in an 
envelope provided for that purpose and securely sealed with sealing 
wax or other adhesive material, and each of the judges, and each of 
the election clerks shall write his name across every fold at which the 
envelope, if unfastened, could be opened. Thereupon said judges 
shall take such registers so enclosed and sealed and the affidavits and, 
within the time specified in this act, shall deliver said envelope with 
registers enclosed to the board of election commissioners, with the 
seal unbroken, and receive a receipt therefor. There shall be 
endorsed upon the back of such envelope the number of the precinct 
and ward of the enclosed registers, and the signature of the judge 
who delivers the same to the election commissioners. If any judge 
of election shall break the seal of, or open any envelope containing 
affidavits or registers, or shall permit any person to open any such 
envelope or break the seal thereof while the same is in his custody, 
he shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be imprisoned in the county jail not less than three (3) months 
nor more than twelve (12) months. 

§ 33. The said board of election commissioners, upon receipt of said 
registers so enclosed, shall note the condition of the seal of said en- 
velope, and the signatures of the judges and clerks thereon, and 
enter the fact touching the same upon a book to be kept by them, 
together with the name of the officers who returned such registers. 
They shall thereupon open said envelope and remove the registers 
contained therein. The public shall not have access to such registers 
except in the presence of a clerk of the election commissioners and 
under the direction of the chief clerk. 

§ 34. Every judge of election or poll clerk who shall copy any 
statement contained in any register or affidavit provided in this act, 
or permit other persons to do so while such register or registers are 
in their possession, or shall at any election give to any person infor- 
mation contained in any register to assist or aid any person to do an 
act by law forbidden or in this constituted an offense, he shall upon 
conviction thereof, be adjudged guilty of a misdemeanor, and shall be 
punished by imprisonment in the county jail for not less than three 
(3) months nor more than twelve (12) months: Provided, that copies 
of the names and addresses of the voters, together with one answer for 
each voter from among all the answers as to qualifications written 
after the name of the voter in the register can be made in the office 
of the board of election commissioners. Applications to copy the 
names and addresses and one reply or answer (the one reply or answer 
desired being specified in the application) must be made to the board 
of election commissioners, but such copying cannot be done at any 
time within forty (40) days preceding nor thirty (30) days succeed- 
ing an election. 

§ 2. Whereas, An emergency exists, therefore, this act shall take 
effect and be in force from after its passage. 

Approved May 15, 1903. 



170 ELECTIONS. 



CITY ELECTION LAW-RETURN OF POLL BOOKS. 



I 1, Amends section 17, article 4, act of 1885. 

\ 17. Poll books enclosed in an en- 
velope— judges and clerks to 
write names across every fold. 



I 2, Emergency. 
Approved May 15, 1903. 



An Act to amend section 17 of article 4 of an act entitled "An act 
regulating the holding of elections and declaring the result thereof 
in cities, villages and incorporated towns in this State, v approved 
June 19, 1885, in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 17 of article 4 
of an act entitled "An act regulating the holding of elections and 
declaring the result thereof in cities, villages and incorporated towns 
in this State," approved June 19, 1885, in force July 1, 1885, be 
amended so as to read as follows: 

§ 17. The poll books shall be enclosed in an envelope, which shall 
then be securely sealed with sealing wax, or other adhesive material; 
and each of the judges and each of the clerks shall write his name 
across every fold at which the envelope, if unfastened, could be 
opened. 

§ 2, Whereas, An emergency exists, therefore, this act shall take 
effect and be in force from and after its passage. 

Approved May 15, 1903. 

CITY ELECTION LAW-STATEMENTS OF RESULT OF CANVASS. 

\ 1. Amends section 15, article 4, act of 1885. 

I 15. Duplicate returns— how dis- 
posed of. 



I 2. Emergency. 
Approved May 15, 1903. 



An Act to amend section 15 of article 4 of an act entitled "An act 
regulating the holding of elections and declaring the result thereof 
in cities, villages and incorporated towns in this Stated approved 
June 19, 1885, in force July 1, 1885; as amended by act approved 
June 18, 1891, in force July 1, 1891; as amended by act approved 
April 24, 1899, in force July 1, 1899; as amended by act approved 
May 10, 1901, in force July 1, 1901; as amended by acts approved 
May 11, 1901, in force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 15 of article 
4 of an act entitled "An act regulating the holding of elections and 
declaring the result thereof in cities, villages and incorporated towns 
in this State," approved June 19, 1885, in force July L, 1885; as 
amended by act approved June 18, 1891, in force July 1, 1891; as 
amended by act approved April 24, 1899, in force July 1, 1899; as 
amended by act approved May 10, 1901, in force July 1, 1901; as 
amended by acts approved May 11, 1901, in force July 1, 1901, be 
amended so as to read as follows: 



ELECTIONS. 171 



§ 15. The said judges of election shall make duplicate statements 
of the result of the canvass, which shall be written, or partly written 
and partly printed. Each of the statements shall contain a caption 
stating the day on which, and the number of the election precinct 
and the ward, city and county in relation to which such statements 
shall be made, and the time of opening and closing of the polls of 
such election precinct. It shall also contain a statement showing the 
whole number of votes given for each person, designating the office 
for which they were given, which statement shall be written, or partly 
written and partly printed, in words at length ; and in case a propo- 
sition of any kind has been submitted to a vote at such election, such 
statements shall also show the whole number of votes cast for or 
against such proposition, written out, or partly written and partly 
printed, in words at length. And at the end thereof a certificate that 
such statement is correct in all respects; which certificate, and each 
sheet of paper forming part of the statement, shall be subscribed by 
the said judges and election clerks. If any judge or election clerk 
shall decline to sign such return, he shall state his reasons therefor 
in writing, and a copy thereof, signed by himself, shall be enclosed 
with each return. Each of the statements shall be enclosed in an 
envelope, which shall then be securely sealed with sealing wax, 
or other adhesive material; and each of the judges and each 
of the election clerks shall write his name across every fold 
at which the envelope, if unfastened, could be opened. One 
of the envelopes shall be directed to the county clerk and 
one to the comptroller of the city, or to the officer of such 
city whose duties correspond with those of comptroller. Each set of 
tallies shall also be signed by the election clerks and judges of the 
election. And each shall be enclosed in an envelope, securely sealed 
and signed in like manner; and one of the envelopes shall be directed 
on the outside to the election commissioners and the other to the 
city, village or town clerk. On the outside of every envelope shall 
be endorsed whether it contains the statements of the votes cast or 
the tallies, and for what precinct and ward, village or town. 

§ 2 : Whereas, An emergency exists, therefore, this act shall take 
effect and be in force from and after its passage. 

Approved Mav 15, 1903. 



172 



ELECTIONS. 



ELECTION PRECINCTS-FORMATION. 



1. Amends sections 30 and 33, act of 1872. 

§ 30. Division of county into voting 
precincts — how described- 
readjustment — report of 
changes to Secretary of State 
—other provisions. 



§ 33. Judges of election in counties 
under township organization 
—appointment— term — vacan- 
cies. 

I 2. Repeal. 

Approved May 15, 1903. 



An Act to amend sections thirty (30) and thirty -three (33) of an act 
entitled "An act in regard to elections, and to provide for filling 
vacancies in elective offices," approved April 3, 1872, in force 
July 1, 1872, as amended by an act approved June 3, 1897; in 
force July 1, 1897, and as amended by an act approved April 24, 
1899; in force July 1, 1899; as amended by acts approved May 
10, 1901, in force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That sections thirty (30) and 
thirty- three (33) of an act entitled "An act in regard to elections, 
and to provide for filling vacancies in elective offices," approved 
April 3, 1872, in force July 1, 1872, as amended by an act approved 
June 3, 1897, in force July 1, 1897, and as amended by [by] an act ap- 
proved April 24, 1899; in force July 1, 1899, as amended by acts ap- 
proved May 10, 1901; in force July 1, 1901, be, and the same are 
hereby, amended so as to read as follows: 

§ 30. The county board in each county shall, at its regular meet- 
ing in the month of June, or an adjourned meeting in the month of 
July, 1903, divide its election precincts which contain more than 
four hundred and fifty (450) voters, into election districts, so that 
each district shall contain, as near as may be practicable, four hun- 
dred (400) voters, and not more in any case than four hundred and 
fifty (450). Said district shall be composed of contiguous territory, 
and in as compact form as can be for the convenience of the electors 
voting therein. The several county boards in establishing said dis- 
tricts, shall describe them by metes and bounds, and number them. 
And so often thereafter as it shall appear by the number of votes 
cast at the general election held in November of any year, that any 
election district or undivided election precinct contains more than 
four hundred and fifty (450) voters, the county board of the county 
in which said district or precinct may be, shall, at its regular meet- 
ing in the month of June, or an adjourned meeting in the month of 
July, next, after such November election, redivide or readjust such 
election district, or election precinct, so that no district or election 
precinct shall contain more than the number of votes above specified. 
If, for any reason, said county board shall fail in any year to redivide 
or readjust said election districts or election precincts, then said dis- 
tricts or precincts as then existing, shall continue until the next 
regular June meeting of said county board; at which regular June 
meeting, or an adjourned meeting in the month of July, said county 
board shall redivide or readjust said election districts, or election 



ELECTIONS. 173 



precincts in manner as herein required. And on or before the first [1st] 
day of September, 1903, the county clerk in each county shall make 
a correct list of all election districts and election precincts into which 
the county is divided, designating each by its name or number, or 
name and number as the case may be, and forward said list to the 
Secretary of State; and, thereafter, when at any meeting of the county 
board any redivision, readjustment or change in name or number of 
election districts or election precincts, is made by the said county 
board, it shall be the duty of the county clerk to immediately notify 
the Secretary of State of such redivision, readjustment or change. 
The county board in every case, shall fix and establish the places for 
holding elections in its respective county, and all general and special 
elections, town meeting elections or town elections, shall be held at 
the places so fixed. The said polling places shall in all cases be upon 
the ground floor in the front room, the entrance to which is in a 
highway or public street, which is at least forty (40) feet wide, and 
is as near the center of the voting population of the district as is 
practicable, and for the convenience of the greatest number of elec- 
tors to vote thereat; and in no case shall an election be held in any 
room used or occupied as a saloon, dram shop, bowling alley or as a 
place of resort for idlers and disreputable persons, billard [billiard] 
hall, or in any room connected therewith by doors or hallways. No per- 
son shall be permitted to vote at any election, except in the district in 
which he resides: Provided, that the county board may, if it deem 
it for the best interest of the voters of any town or precinct, divide 
any election precinct which contains more than three hundred (300) 
legal voters, into two election precincts, said precincts to contain as 
near two hundred (200) voters as is possible: Provided, further, 
that it shall be the duty of the county board in each county where 
any State soldiers' and sailors' home, or homes, or any National 
home for disabled volunteer soldiers are located, the inhabitants 
of which are entitled to vote, to fix and establish the place or places 
for holding such election or elections, at some convenient and com- 
fortable place or places easy of access on the ground or grounds, and 
within the enclosures where such State soldiers' and sailors' home, 
or homes, or National home for disabled volunteer soldiers are 
located. 

§ 33. In counties under township organization, the county board 
shall, at its regular meeting in the month of June of each year, ex- 
cept where such judges and clerks are appointed by election com- 
missioners, appoint in each election district or precinct in the county, 
three capable and discrete electors to be judges of elections, and who 
shall possess the qualifications required by the acts now in force, 
relative to such judges. The town supervisor shall be appointed as 
one of such judges of election in the district or precinct in which he 
resides. No more than two persons of the same political party shall 
be appointed judges of the same election district or precinct. Such 
election judges shall hold their office one year from their appoint- 
ment, and until their successors are duly appointed. The said county 
board may fill vacancies in said office at any time. 



174 ELECTIONS. 



§ 2. All acts, and parts of acts in conflict with this act, are here- 
by repealed. 

Approved May 15, 1903. 



NOMINATIONS-WITHDRAWAL OF. 

3 1. Amends section 8. act of 1891. I Approved May 15, 1903. 

I 8. Withdrawal of candidates from 
nomination. 

An Act to amend section 8 of an act entitled, "An act to provide for 
the printing and distribution of ballots at public expense, and for 
the nomination of candidates for public offices, to regulate the 
manner of holding elections, and to enforce the secrecy of the ballot," 
approved June 22, 1891, in force July 1, 1891; as amended by an 
act approved May 6, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 8 of an act en- 
titled, "An act to provide for the printing and distribution of ballots 
at public expense, and for nomination of candidates for public offices, 
to regulate the manner of holding elections and to enforce the secrecy 
of the ballot," approved June 22, 1891, in force July 1, 1891; as 
amended by an act approved May 6, 1897, in force July 1, 1897, be 
amended so as to read as follows: 

§ 8. Any person whose name has been presented as a candidate 
or who has been nominated by more than one convention, caucus or 
meeting of qualified voters, may cause his name to be withdrawn 
from any such nomination by his request in writing, signed by him 
and duly acknowledged before an officer qualified to take acknowl- 
edgment of deeds, and filed with the Secretary of State not less than 
twenty-five (25) days, or with the proper clerk not less than thirteeu 
(13) days previous to the day of election, and no name so withdrawn 
shall be printed upon the ballots under the party appellation or title 
from which the candidate has withdrawn his name. In case the cer- 
tificate of nomination or petition as provided for in this act shall 
contain or exhibit the name of any candidate for any office upon 
more than one of said certificates or petitions (for the same office,) 
then, and in that case the Secretary of State or county clerk, as the 
case may be, shall immediately notify said candidate of said fact, 
and that his name appears unlawfully upon more than one of said 
certificates or petitions, and that within three (3) days from the re- 
ceipt of said notification, said candidate must elect as to which of 
said political party appellations or groups he desires his name to 
appear and remain under upon said ballot, and if said candidate 
refuses, fails or neglects to comply with the provisions herein, then, 
and in that case the Secretary of State or county clerk, as the case 
may be, shall not permit the name of said candidate to appear, or be 
printed or placed upon said ballot under any or either of said politi- 
cal party appellations or groups. All certificates of nomination and 



ELECTIONS. 175 



nomination papers, when filed shall be open, and under proper regu- 
lation, to public inspection, and the Secretary of State and the several 
clerks having charge of nomination papers shall preserve the same 
in their respective offices not less than six months. 

Approved May 15, 1903. 



POLL BOOKS AND TALLY LISTS-RETURN REQUIRED. 

! 1. Amends section 62, act of 1872. Approved May 15, 1903. 

I 62. Returns made to County Clerk 
and Secretary of State— en- 
velopes furnished by Secre- 
tary of State. 

An Act to amend section 62 of an act entitled, "An act in regard to 
elections, and to provide for the filling of vacancies in elective 
offices,'''' approved April 3, 1872, in force July 1, 1872, as 
amended by an act approved May 29, 1889, in force July 1, 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 62 of an act en- 
titled, "An act in regard to elections, and to provide for the filling of 
vacancies in elective offices," approved April 3, 1872, in force July 
1, 1872, as amended by an act approved May 29, 1889, in force July 
1, 1889, be, and the same is hereby, amended to read as follows, viz.: 

§ 62. One of the lists of voters, with such certificate written 
thereon, and one of the tally papers footed up so as to show the cor- 
rect number of votes cast for each person voted for, shall be carefully 
enveloped and sealed up, and put into the hands of one of the judges 
of election, who shall, within 24 hours thereafter, deliver the same to 
the county clerk, or his deputy, at the office of said county clerk, who 
shall safely keep the same. Another of the lists of voters, with such 
certificate written thereon, and another of the tally papers footed up 
as aforesaid, shall be carefully enveloped and sealed up and duly 
directed to the Secretary of State, and by another of the judges of 
election, deposited in the nearest postoffice within six hours after the 
completion of the canvass of the votes cast at such election, which 
poll book and tally list shall be filed and kept by the Secretary of 
State for one year, and certified copies thereof shall be evidence in 
all courts, proceedings and election contests. Another of the lists of 
voters, with such certificates written thereon, and another of the tally 
papers footed as aforesaid, shall be carefully enveloped and sealed 
up and delivered by the third one of the judges, without delay, in 
counties under township organization, to the town clerk of the town 
in which the district may be; and in counties not under township 
organization, they shall be retained by one of the judges of election, 
and safely kept by said town clerk or judge, for the use and inspec- 
tion of the voters of such district until the next general election. 
Before said returns are sealed up, as aforesaid, the judges shall com- 
pare said tally papers, footings and certificates, and see that they are 
correct and duplicates of each other, and certify to the correctness of 



176 ELECTIONS. 



the same: Provided, that the lists of voters and tally papers re- 
quired by this act to be forwarded to the Secretary of State, shall be 
transmitted in envelopes furnished to the various county clerks by 
the Secretary of State for that purpose. Said envelopes shall bear 
the name and address of the Secretary of State, printed in plain 
legible type, together with a blank form printed in convenient shape 
for designating the county and voting precinct or district where it is 
to be used, and also the words "poll book and tally list only," and 
the date of the election for which they are to be used. Said enve- 
lopes, printed as aforesaid, shall be forwarded by the Secretary of 
State to the various county clerks, in the same manner in which 
registration books are now sent, and in ample time for each general 
election. And it shall be the duty of the county clerk of each 
county, upon receipt of said envelopes, to properly fill out the blank 
form on one copy of same for each voting precinct or district in his 
county, according to the list of precincts forwarded by him in pur- 
suance of law, to the office of the Secretary of State. Said county 
clerks shall attach to each of said envelopes, sufficient stamps to 
fully prepay the postage on the list of voters and tally paper which 
it is to contain. Said envelopes, properly filled out and stamped as 
aforesaid, shall be distributed by the various county clerks to the 
election officers entitled to receive them, together with their regular 
quota of other election supplies. 

Approved May 15, 1903. 



PRIMARY ELECTIONS IN COUNTIES OF 125,000 OR MORE. 

§ 1. Amend 8 section 1, act of 1898. Approved May 15, 1903. 

\l 1.] When act applies— conventions 
denned— when held— quorum 
—officers— adjournment only 
upon roll call. 

An Act to amend section one (1) of an act entitled "An act provid- 
ing for primary elections of delegates to nominating conventions 
of political organizations, and to promote the purity thereof by 
regulating the conduct thereof, and to support the privileges of 
free suffrage thereat by prohibiting certain acts and practices in 
relation thereto, and providing for the punishment thereof" ap- 
proved and in force February 10, 1898, as amended by acts ap- 
proved May 11, 1901, and in force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section one (1) of an 
act entitled "An act providing for primary elections of delegates to 
nominating conventions of political organizations, and to promote the 
purity thereof by regulating the conduct thereof, and to support the 
privileges of free suffrage thereat by prohibiting certain acts and 
practices in relation thereto, and providing for the punishment 
thereof," approved and in force February 10, 1898, as amended by 



ELECTIONS. 177 



acts approved May 11, 1901, and in force July 1, 1901, be amended 
to read as follows: That in every county, city, village or incorporated 
town, respectively, in this State to which this act shall apply as here- 
inafter provided, the primary elections for delegates to constitute the 
various conventions of the different political parties or organizations 
of such county, city, village or incorporated town, or any part thereof, 
held for the nomination of candidates for public office in this State, 
and any part thereof, and for the Congress of the United States, 
whose names are to be printed on the official election ballots printed 
and distributed at public expense in such county, city, village or in- 
corporated town, or any part thereof, shall hereafter be held under 
and pursuant to this act. A convention to nominate candidates for 
public office to be voted for by the electors of the entire State shall 
be known as a "State convention;" a convention to nominate candi- 
dates for public office to be voted for by the electors of an entire 
county shall be known as a "county convention;" a convention to 
nominate candidates for public office to be voted for by the electors 
of an entire city, village or incorporated town shall be known as a 
"city, village or town convention," respectively; a convention to nom- 
inate candidates for public office to be voted for by electors of an en- 
tire township shall be known as a "township convention;" a conven- 
tion to nominate candidates for public office to be voted for by the 
electors of an entire ward shall be known as a "ward convention ;" all 
other nominating conventions in this State shall be known as "dis- 
trict conventions." Each nominating convention shall be held within 
the boundaries of the municipality or district for which its nomina- 
tions are to be made, and at the place designated in the call. A ma- 
jority of the delegates entitled to a seat in the convention shall be 
necessary to constitute a quorum. The delegates, a quorum being 
present, shall select one of their number to call the convention to 
order, and to preside until the temporary officers are chosen. All 
convention officers shall be delegates, and shall be chosen upon a roll 
call, such roll call to be by wards and districts, and announced by 
the chairman of such ward or district delegation. In case, however, 
the vote of any ward or district is challenged or disputed when an- 
nounced, then the roll of delegates of such ward or district shall be 
called, and the person receiving the votes of a majority of the dele- 
gates shall be declared elected the officers of the convention. No ad- 
journment or recess of the convention shall be taken before complet- 
ing the nominations it was called to make, except upon a yea and 
nay vote taken upon a roll call as aforesaid. 

Approved May 15, 1903. 



-12 



178 



ELECTIONS. 



VOTING MACHINES-USE AUTHORIZED. 



g 13. Sets of ballot labels shall be provided- 
adjustment of machine before use- 
posting of ballot labels and instruc- 
tion cards— irregular ballots provided 
for. 

g 14. Voting for presidential electors. 

? 15. Locking machine at close of polls- 
opening of counting compartment. 

g 16. Canvassing vote and making returns- 
locking the counting compartment. 

g 17. Disposition of keys. 

g 18. Recording device on machines. 

g 19. Tampering with machine by one not an 
election officer a felony— penalty. 

g 20. Tampering with machine by election 
officers a felony— penalty. 

g 21. Penalty for any violation of act. 

g 22. Repeal. 

Approved May 14, 1903. 



g 1. Submission of proposition to adopt 
machines— discontinuance of use- 
voting machine commissioners shall 
approve machines before adoption — 
capabilitie» of machines prescribed. 

i 2. Machines must meet requirements 
specified. 

§ 3. Voting machine commissioners— con- 
stitution of board. 

'i 4. Experimental use of imachines before 
adoption. 

g 5. Payment for machines provided for. 

g 6. Reapportionment of election precincts. 

g 7. Care and custody of machines. 

g 8. Requirements for room where machine 
is used— manner of voting. 

g 9. Assistance to certain voters. 

I 10. Instructions to voter. 

g 11. "Ballot label" defined and form pre- 
scribed. 

g 12. Sample ballot labels— display of. 

An Act to provide for the use of voting machines at elections, for 
casting, registering, recording and counting ballots or votes, also 
creating a board of voting machine commissioners, and defining 
its duties. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That any body or board of 
public officials, or any officer or officers charged by law with the duty 
of providing material and supplies for holding an election or elec- 
tions in any city, village, incorporated town, county, precinct, election 
district or other civil division of the State, may, at any general or 
special election, submit a proposition to the qualified voters thereof 
to adopt a voting machine or voting machines; and, whenever a 
majority of the electors of any such city, village, incorporated town, 
county, precinct, election district or other civil division voting upon 
said proposition shall have declared therefor, may purchase or lease a 
voting machine or voting machines for [for~\ any or all of the election 
precincts for which he, it or they are by law charged with the duty of 
providing material and supplies for holding an election or elections 
at the expense of the city, village, incorporated town, county, pre- 
cinct, election district or other civil division of the State now charge- 
able by law with the expenses of the material and supplies for hold- 
ing general elections in such civil division or divisions. If the 
question of using a voting machine or voting machines be not sub- 
mitted to the voters by the proper public officials , a petition signed 
by .ten per cent of the voters of any city, village, incorporated town, 
county, precinct, election district or other civil division of the State 



ELECTIONS. 179 



and addressed to them at least 60 days before any general election 
asking the submission of the question of adopting a voting machine 
or voting machines, shall compel the submission of the question to 
the voters at that election. Use of such machines may be discon- 
tinued on resubmission of the question, and a vote in favor thereof 
at any subsequent election: Provided, however, that no such vot- 
ing maohine shall be used, purohased, leased or adopted until the 
board of voting machine commissioners hereinafter provided for, or 
a majority thereof, shall have made and filed a report certifying that 
they have examined such machine; that it affords each elector an op- 
portunity to vote in absolute secrecy; that it enables each elector to 
vote a straight party ticket; that it enables each elector to vote 
a ticket selected in part from the nominees of one party, and in 
part from the nominees of any or all other parties, and in part from 
an independent nomination, and in part of persons not in nomina- 
tion by any party or upon any independent ticket; that it enables 
each elector to vote a written or printed ballot of his own selection, 
for any person for any office for which he may desire; that it 
enables each elector to vote for all candidates for whom he is 
entitled to vote, and prevents him from voting for any candi- 
date for any office more than once, unless he is lawfully en- 
titled to cast more than one vote for one candidate, and in 
that event permits him to cast only as many votes for that candidate 
as he is by law entitled, and no more; that it prevents the elector 
from voting for more than one person for the same office, unless he 
is lawfully entitled to vote for more than one person therefor, and 
in that event permits him to vote for as many persons for that office 
as he is by law entitled, and no more; and that such machine will 
register correctly by means of exact counters every vote cast for the 
regular tickets thereon; and has the capacity to contain the tickets of 
seven political parties with the names of all the candidates thereon, 
together with all propositions to be voted upon, except that it may be 
so constructed that the names of all candidates for presidential electors 
will not occur thereon, but in lieu thereof, one ballot label in each 
party column or row shall contain only the words "Presidential 
Electors," preceded by the party name; that all votes cast on the 
machine on a regular ballot or ballots shall be registered; that voters 
may, by means of irregular ballots or otherwise, vote for any person 
for any office, although such person may not have been nominated 
by any party and his name may not appear on such machine ; then 
when a vote is cast for any person for any such office, when his name 
does not appear on the machine, the elector cannot vote for any 
name on the machine for the same office; that eachjelector can under- 
standing^ and within the period of one minute cast his vote for all 
candidates of his choice; that in case the machine is so constructed 
that the candidates for presidential electors of any party can be 
voted for only by voting for the ballot label containing the words 
"Presidential Electors," by voting an irregular ticket as hereinafter 
defined, the elector may vote for any person or persons he may 
choose for presidential electors; that the machine is provided with a 
lock or looks by the use of which any movement of the voting 01 



180 ELECTIONS. 



registering mechanism is absolutely prevented so that it cannot be 
tampered with or manipulated for any fraudulent purpose; that the 
machine is susceptible of being closed during the progress of the 
voting so that no peison can see or know the number of votes registered 
for any candidate : Provided also, that no such machine or machines 
shall be purchased, unless the party or parties making the sale shall 
guarantee in writing to keep the machine or machines in good work- 
ing order for five years without additional cost, and shall give a 
sufficient bond conditional to that effect. 

§ 2, The voting machine or machines to be used, adopted, leased 
or purchased as herein provided, must be so constructed as to meet 
all requirements specified in this act. 

§ 3. The Secretary of State and two persons appointed by the 
Governor, who shall be mechanical experts and not members of the 
same political party, shall constitute a board of voting machine com- 
missioners. Their term of office shall be four years, except that the 
commissioners appointed by the Governor shall be subject to removal 
at his pleasure, and that any Secretary of State on surrendering the 
duties of his office shall be succeeded on the board by the succeed- 
ing Secretary of State. If the office of Secretary of State for any 
reason shall become vacant, the Attorney General of the State shall 
be a member of the board until the office of Secretary of State is 
filled. No member of the board shall have any interest in any 
voting machine. Any person or corporation owning or being inter- 
ested in any voting machine may apply to said board to examine 
such machine and report on its accuracy, efficiency, capacity and 
safety. The commissioners shall examine the machine and make 
full report thereon, in the office of the Secretary of State. They shall 
state in the report whether or not the kind of machine so exam- 
ined complies with the requirements of this act, and can be safely 
used by voters at elections under the conditions prescribed in this act. 
If the report be in the affirmative upon said questions the machine 
shall be deemed approved by the board, and machines of its kind may be 
adopted for use at elections as herein provided. When the machine 
has been so approved any improvement or change that does not im- 
pair its accuracy, efficiency, capacity or safety shall not render nec- 
essary a re-examination or re-approval thereof. Any form of voting 
machine not so approved cannot be used at any election. Each of 
the two mechanical experts on the board shall be entitled to one hun- 
dred dollars ($100) for his compensation and expenses in making 
such examination and report, to be paid by the person or corporation 
applying for such examination, which sum may be demanded in ad- 
vance of making the examination and which shall be the sole com- 
pensation to be received by any such expert. The board may, if it 
consents to do so, go to any point in the State for the purpose of 
examining a machine, but it shall not be compelled to make such ex- 
amination at any place other than the capital of the State: Provided, 
that each of the two commissioners appointed as mechanical experts 
shall not receive and retain to exceed fifteen hundred dollars ($1,500) 



ELECTIONS. 181 



and reasonable expenses in any one year, and all sums collected for 
such examinations, over and above said maximum salaries and rea- 
sonable expenses, shall be turned into the State treasury. 

§ 4. The authorities of any city, village, incorporated town, 
county, precinct, election district or other civil division authorized 
by section lof this act to adopt a voting machine or voting machines, 
may provide for the experimental use, at any election or elections, in 
one or more election precincts, of a machine which it might lawfully 
adopt, without a formal adoption thereof, and its use at such elections 
shall be as valid for all purposes as if it had been lawfully adopted 

§ 5. The local authorities, on the adoption and lease or purchase 
of a voting machine or voting machines, may provide for the pay- 
ment therefor in such manner as may be deemed for the best interest 
of the city, village, incorporated town or county. They may for that 
purpose make leases, issue bonds, certificates of indebtedness, or other 
obligations, which shall be a charge on the city, village, incorporated 
town or county. Such bonds, certificates or other obligations may be 
issued with or without interest, payable at such time or times as the 
authorities may determine, but shall not be issued or sold at less 
than par. 

§ 6, For any election in any city, village, incorporated town> 
county, election district or other civil division in which voting ma- 
chines are to be used, the election precincts in which such machines 
are to be used may be created by the officers charged with the duty 
of creating election precincts so as to contain as near as may be six 
hundred voters each. Such redistricting or redi vision shall be made 
under such regulations as to time and manner as are now provided 
by law. Thereafter, so long as voting machines are [are] used, no re- 
division of such election precincts shall be made until at some general 
election the number of votes cast in one or more of such precincts 
shall exceed seven hundred. 

§ 7. The local authorities adopting a voting machine or voting 
machines, shall, as soon as practicable thereafter, provide for each 
polling place a voting machine in complete working order, and shall 
thereafter preserve and keep it in repair, and shall have the custody 
thereof, and of the furniture and equipment of the polling place 
when not in use at an election. If it shall be impracticable to supply 
each election precinct with a voting machine at the election follow- 
ing such adoption, as many may be supplied as it is practicable to 
procure, and the same may be used in such election precinct or pre- 
cincts within the city, village, incorporated town, county, election 
district or other civil division, as the officers adopting the same may 
direct. 

§ 8. The room in which the election is held shall have a railing 
separating the part of the room occupied by the judges and clerks of 
election from that part of the room occupied by the voting machine. 
The exterior of the voting machine, and every part of the polling 
place shall be in plain view of the election officers. The voting 



182 ELECTIONS. 



machine shall be placed at least three feet from every wall and par- 
tition of the polling place, and at least four feet from any election 
officer or table used by them, and it shall be so placed that no per- 
son on the opposite side of the railing can see or determine from the 
outside of the room how the voter casts his vote. After the opening 
of the polls, the election judges shall allow no person to pass within 
the railing to the part of the room where the machine is situated, 
except for the purpose of voting, except as is provided in the next 
succeeding section of this act; and they shall not permit more than 
one voter at a time to be in such part of the room. They shall not 
themselves remain, or permit any other person to remain in any posi- 
tion, or near any position that would permit one to see or ascertain 
how a voter votes, or how he has voted. No voter shall remain within 
the voting booth or compartment longer than one minute, and if any 
voter shall refuse to leave after the lapse of that time, he shall at 
once be removed by the election officers, or upon their order. 

§ 9. Any voter who may declare upon oath that he cannot read 
the English language, or that by reason of physical disability he is 
unable to use the voting machine, shall, upon request, be assisted by 
two of the election officers of different parties to be selected from the 
judges and clerks of the precinct in which they are to act, to be 
designated by the judges of election at the opening of the polls. 
Such officers, in the voter's presence and in the presence of each 
other, shall register his vote upon the machine for the candidates of 
his choice, and shall thereafter give no information regarding the 
same. The clerks of election shall enter upon the poll list after the 
name of any elector who received such assistance in registering his 
vote, a memorandum of the fact. Intoxication shall not be regarded 
as a physical disability, and no intoxicated person shall be entitled 
to assistance in registering his vote. 

§ 10. In case any elector after entering the voting machine booth 
shall ask for further instructions concerning the manner of voting, 
two judges of opposite political parties shall give such instructions to 
him; but no judge or other election officer, or person assisting an 
elector, shall in any manner request, suggest or seek to persuade, or 
induce any such elector to vote any particular ticket, or for any par 
ticular candidate, or for or against any particular amendment, ques- 
tion or proposition. After receiving such instructions, such elector 
shall vote as in the case of an unassisted voter. 

§ 11. That portion of cardboard, paper or other material, placed 
on the front of the machine and containing the names of the candi- 
dates, or a statement of the proposed constitutional amendment or 
other question or proposition to be voted on, shall be known in this 
act as a ballot label. The ballot label shall be supplied by the offi- 
cial or officials charged by law with providing material for the hold- 
ing of an election or elections, and shall be printed in black ink on 
clear white material of such size as will fit the machine, and in plain, 
clear type, as large as the space will reasonably permit. The party 
name or other designation shall be prefixed to the list of candidates 



ELECTIONS. 183 



of such party. The order of the lists of candidates of the several 
parties shall be arranged as is now provided by law, except that the 
lists may be placed in horizontal rows or vertical columns, which 
parties may, if desired, be divided into parallel and contiguous rows 
or columns, and except that where presidential electors are to be 
voted for at any election, and the machine to be used will not carry 
the names of all candidates for such electors, then there may be 
placed on the ballot label the words "Presidential Electors," under 
the name of each political party. 

§ 12. The officers or board charged with the duty of providing 
ballots and ballot labels for any polling place shall provide therefor 
two sample ballot labels, which shall be arranged in the form of a 
diagram, showing the entire front of the voting machine as it will 
appear after the official ballot labels are arranged for voting on elec- 
tion day. Such sample ballot labels shall be displayed for public 
inspection at such polling place during the day preceding election 
day. 

§ 13. Four sets of ballot labels for use in the voting machine shall 
be provided for each polling place for each election by the officer or 
officers now charged by law with the duty of furnishing such elec- 
tion precincts with ballots. In such manner shall be furnished, also, 
all other necessary material for the use of the voting machines. The 
same officer or officers shall, before the day of election, cause the 
proper ballot labels to be put upon each machine corresponding with 
the sample ballot labels herein provided for, and the machine in 
every way to be put in order, set and adjusted, ready for use in vot- 
ing when delivered at the precinct; and for the purpose of so label- 
ing the machine, putting in order, setting and adjusting the same, 
they may employ one or more competent persons, and cause him or 
them to be paid in the same manner as other election officers are 
paid. And tbe same officer or officers shall cause the machine so 
labeled in order, set and adjusted, to be delivered at the voting pre- 
cinct, together with all necessary furniture and appliances that go 
with the same, in the room where the election is to be held in the 
precinct, not later than 6 o'clock p. m. of the day preceding the elec- 
tion. After the delivery of the machine, and on the same day, the 
judges and clerks of election of the precinct may meet at said room, 
open the package containing the sample ballots, and if necessary the 
ballot labels, and see that the machine is correctly labeled, set and 
adjusted ready for use in voting; and if the same is not so labeled, 
set and adjusted and in order, they shall cause it to be done. On the 
morning of the election, the election officers shall meet in the said 
room at least one hour before the time for opening the polls. They 
shall see that the sample ballot labels and instruction cards are posted 
properly, and everything put in readiness for the voting at the hour 
of opening the polls. The officers shall compare ballot labels on the 
machine with the sample ballots, see that they are correct, examine 
and see that all the counters in the machine are set at naught or zero 
(0), and that the machine is otherwise in perfect order, and they 



184 ELECTIONS. 



shall not thereafter permit the counters to be operated or moved ex- 
cept by electors in voting, and they shall also see that all necessary 
arrangements and adjustments are made for voting irregular ballots 
on the machine. 

§ 14. Ballots voted for any person whose name does not appear 
on the ballot label on the machine as a candidate for office, are herein 
referred to as irregular ballots. In voting for presidential electors, 
a voter may vote an irregular ticket made up of the names of persons 
in nomination by different parties, or partially of the names of per- 
sons so in nomination and partially of persons not in nomination by 
any party. Such irregular ballots shall be deposited, written or af- 
fixed in or upon the receptacle or device provided on the machine 
for that purpose. 

§ 15. As soon as the polls are closed, the voting machine shall 
be locked against voting, and the counting compartment opened in 
the presence of all the judges and clerks of election, and all other 
persons who may be lawfully within the room , giving full view of the 
numbers announcing the votes cast for each candidate, and for and 
against the various constitutional amendments, questions or other 
propositions. 

§ 16. The election officers shall then ascertain the number of 
votes which the candidates have received both on the machine and 
by the voting of irregular ballots, if any, and one of the judges shall 
publicly announce in a distinct voice the total vote for each candi- 
date thus ascertained in the order of the offices as their titles are ar- 
ranged on the ballot label. He shall then announce in the same 
manner the vote on each constitutional amendment, proposition or 
other question. Before leaving the room and before closing and 
locking the counting compartment, the election officers shall make 
and sign written statements or returns of such election, as now re- 
quired by law. When irregular ballots have been voted, they shall 
be returned, preserved and finally destroyed as is now provided by 
law in the case of other election ballots. The written statements or 
returns so made, after having been properly signed, shall be dis- 
tinctly and clearly read in the hearing of all persons present, and 
ample opportunity shall be given to compare the results so certified 
with the counter dials of the machine. After such comparison and 
correction, if any is made, the election officers shall then close the 
counting compartment and lock the same. Thereafter the machine 
shall remain locked for a period of at least thirty days, unless other- 
wise ordered by a court of competent jurisdiction. 

§ 17. When the machine is locked at the close of an election in 
the manner required by this act, the judges shall place all keys of 
the machine on a single piece of flexible wire: unite the ends of such 
wire in a firm knot, label the same with the make and number of the 
machine and the precinct at which it was used at such election, and 
return such keys along with the written statements or returns of 
such election. 



ELECTIONS. 185 



§ 18. A voting machine which possesses all the qualities required 
by this act, may be supplied in addition with any recording device 
on which all the votes registered on the mechanical counters will be 
separately recorded. When a machine is supplied with such device, 
the same shall not be taken out or examined by the election officers 
who make the return [returns] from the precinct, but such machine 
shall be locked with such device therein, and so remain for a period 
of at least thirty days, unless within that time the machine shall be 
ordered opened by some court of competent jurisdiction. At the 
end of thirty days, such device may be taken out, unless otherwise 
ordered by a court of competent jurisdiction. 

§ 19. Any person, not an election officer or other public officer, 
who shall tamper or attempt to tamper with such voting machine or 
voting machines, or in any way intentionally impair or attempt to 
impair its use, and any such person who shall be guilty of or shall 
attempt any dishonest practice upon any such machine, or with or 
by its use, shall be deemed guilty of a felony, and shall be punish- 
able by a fine of from $100 to $1,000, or by imprisonment for a term 
of from one to five years, or by both fine and imprisonment. 

§ 20. Any clerk or judge of an election, or any other public 
officer authorized to take part in the holding of an election or in pre- 
paring for an election, who, with intent to cause or permit any vot- 
ing machine to fail to register correctly all votes cast thereon; who 
tampers with, or disarranges such machine in any way, or any part 
or appliance thereof, or who causes or consents to said machine 
being used for voting at any election with knowledge of the fact that 
the same is not in order, or not perfectly set and adjusted so that it 
will correctly register all votes cast thereon; or who, with the pur- 
pose of defrauding or deceiving any voter, or of causing it to be 
doubtful for what ticket or candidate or candidates or proposition 
any vote is cast, or of causing it to appear on said machine that 
votes cast for one ticket, candidate or proposition, were cast for 
another ticket, candidate or proposition, removes, changes or muti- 
lates any ballot label on said machine or any part thereof, or does 
any other thing intended to interfere with the validity of the elec- 
tion, shall be deemed guilty of a felony, and, upon conviction, shall 
le imprisoned in the State prison not less than one year nor more 
flian ten years, to which may be added a fine not exceeding $1,000. 

§ 21. Any public officer, or any election officer upon whom any 
dity is imposed by this act, and who shall wilfully omit or neglect 
to perform such duty, or who shall do any act prohibited herein for 
whch punishment is not otherwise provided herein, shall, upon con- 
victpn, be imprisoned in the State prison for not less than one year 
nor Tiore than ten years, or be fined in any sum not exceeding 
$1,00), or may be punished by both such imprisonment and fine. 

§ 2V All the provisions of the election law, not inconsistent with 
this a*t, shall apply to all the elections in the precincts where 
such t>ting machines are used. Any provisions of law which 



186 ELECTIONS — EMPLOYMENT. 

conflict with the use of such machine or machines as herein set forth, 
shall not apply to the precinct or precincts in which an election is 
conducted by the use of such machine or machines. 

Approved May 14, 1903. 



EMPLOYMENT. 



BUREAU OF LABOR STATISTICS. 

Approved May 15, 1903. 



I 1. Amends section 3, act of 1879. 

I 3. Compensation of commissioner* 
and secretary— how drawn- 
traveling expenses. 

An Act to amend section three (3) of an act entitled "An act to 
create a Bureau of Labor Statistics, and to provide for a board 
of commissioners and secretary^ approved May 29, 1879, in 
force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section three (3) of an 
act entitled "An act to create a Bureau of Labor Statistics and to 
provide for a board of commissioners and secretary," be amended so 
as to read as follows: 

§ 3. The compensation of said commissioners shall be five dollars 
per day, for thirty (30) days of each annual session, and the compen- 
sation of said secretary shall be twenty-five hundred dollars ($2,500) 
per annum. The amount accruing to said commissioners to be paid 
to them at the expiration of their said annual session of thirty days, 
and the Auditor of Public Accounts, being hereby authorized to 
issue his warrant on the treasury in their favor for the amount 
specified in this section, and the secretary shall be paid quarterly in 
the same manner. The Auditor is further directed and authorized 
to draw his warrant for the actual traveling, incidental and office 
expenses of said commissioners and their secretary , on their voucher! 
sworn to by them, and approved by the president of the board, anl 
the Governor. 

Approved May 15, 1903. 



EMPLOYMENT. 



187 



CHILD LABOR. 

§ 10. Hours of labor. 

I 11. Employments forbidden children under 
16 years. 



§ 12. Prima facie evidence of a child'3 em- 
ployment. 

I 13. Enforcement of the provisions of this 
act. 

I 14. Penalty. 

I 15. Repeals act of 1891. 

Approved May 15, 1903, 



§ 1. Child under 14 years. 

g 2. Register to be kept. 

i 3. Wall lists to be posted. 

£ 4. Age and school certificate to be placed 
on file. 

§ 5. Approval of age and school certificates. 

2 6. Proof of age. 

2 7. Employment ticket— forms of school 
and age certificates— illiteracy. 

2 8. Schooling required. 

$ 9. Duties of State factory inspectors. 

An Act to regulate the employment of children in the State of Illi- 
nois, and to provide for the enforcement thereof. 

Section 1. Child Under Fourteen Years.] Be it enacted by 
the People of the State of Illinois, represented in the General Assem- 
bly: That no child under the age of fourteen years shall be em- 
ployed, permitted or suffered to work at any gainful occupation in 
any theatre, concert hall or place of amusement where intoxicating 
liquors are sold, or in any mercantile institution, store, office, hotel, 
laundry, manufacturing establishment, bowling alley, passenger or 
freight elevator, factory or workshop, or as a messenger or driver 
therefor, within this State. That no child under fourteen years of 
age shall be employed at any work performed for wages or other com- 
pensation, to whomsoever payable, during any portion of any month 
when the public schools of the town, township, village or city in 
which he or she resides are in session, nor be employed at any work 
before the hour of seven o'clock in the morning or after the hour of 
six o'clock in the evening: Provided, that no child shall be allowed 
to work more than eight hours in any one day. 

§ 2. Register.] It shall be the duty of every person, firm or 
corporation, agent or manager of any firm or corporation employing 
minors over fourteen years and under sixteen years of age in any 
mercantile institution, store, office, hotel, laundry, manufacturing 
establishment, bowling alley, theatre, concert hall or place of amuse- 
ment, passenger or freight elevator, factory or workshop, or as mes- 
senger or driver therefor, within this State, to keep a register in said 
mercantile institution, store, office, hotel, laundry, manufacturing 
establishment, bowling alley, theatre, concert hall or place of amuse- 
ment, factory or workshop in which said minors shall be employed or 
permitted or suffered to work, in which register shall be recorded the 
name, age and place of residence of every child employed or suffered 
or permitted to work therein, or as messenger or driver therefor, over 
the age of fourteen and under the age of sixteen years; and it shall be 
unlawful for any person, firm or corporation, agent or manager, of any 
firm or corporation to hire or employ, or to permit or suffer to work in 
any mercantile institution, store, office, hotel, laundry, manufacturing 



188 EMPLOYMENT. 



establishment, bowling alley, theatre, concert hall or place of amuse- 
ment, passenger or freight elevator, factory or workshop, or as mes- 
senger or driver therefor, any child under the age of sixteen years and 
over fourteen years of age, unless there is first produced and placed 
on file in such mercantile institution, store, office, hotel, laundry, 
manufacturing establishment, bowling alley, factory or workshop, 
theatre, concert hall or place of amusement, an age and school 
certificate approved as hereinafter provided. 

§ 3. Wall Lists.] Every person, firm or corporation, agent or 
manager of a corporation employing or permitting or suffering to 
work five or more children under the age of sixteen years and over 
the age of fourteen in any mercantile institution, store, office, 
laundry, hotel, manufacturing establishment, factory or workshop, 
shall post and keep posted in a conspicuous place in every room in 
which such help is employed, or permitted or suffered to work, a list 
containing the name, age and place of residence of every person 
under the age of sixteen years employed, permitted or suffered to 
work in such room. 

§ 4. Age and School Certificate.] No child under sixteen 
years of age and over fourteen years of age shall be employed in any 
mercantile institution, store, office, hotel, laundry, manufacturing 
establishment, bowling alley, theatre, concert hall, or place of amuse- 
ment, passenger or freight elevator, factory or workshop, or as mes- 
senger or driver therefor, unless there is first produced and placed on 
file in such mercantile institution, store, office, hotel, laundry, manu- 
facturing establishment, bowling alley, theater, concert hall or place 
of amusement, factory or workshop, and accessible to the State fac- 
tory inspector, assistant factory inspector or deputy factory inspector' 
an age and school certificate as hereinafter prescribed; and unless there 
is kept on file and produced on demand of said inspectors of factories 
a complete and correct list of all the minors under the age of sixteen 
years so employed who cannot read at sight and write legibly simple 
sentences, unless such child is attending night school as hereinafter 
provided. 

§ 5. Age and School Certificates. How Approved.] An age 
and school certificate shall be approved only by the superintendent 
of schools or by a person authorized by him in writing; or where 
there is no superintendent of schools by a person authorized by the 
school board: Provided, that the superintendent or principal of a 
parochial school shall have the right to approve an age and school 
certificate, and shall have the same rights and powers as the superin- 
tendent of public schools to administer the oaths herein provided for 
children attending parochial schools: Provided, further, that no 
member of a school board or other person authorized as aforesaid 
shall have authority to approve such certificates for any child then 
in or about to enter his own establishment, or the employment of a 
firm or corporation of which he is a member, officer or employe. 
The person approving these certificates shall have authority to admin- 
ister the oath provided herein, but no fee shall be charged therefor. 
It shall be the duty of the school board or local school authorities to 



EMPLOYMENT. 189 



designate a place (connected with their office, when practicable) 
where certificates shall be issued and recorded, and to establish and 
maintain the necessary records and clerical service for carrying out 
the provisions of this act. 

§ 6. Proof of Age.] An age and school certificate shall not be 
approved unless satisfactory evidence is furnished by the last school 
census, the certificate of birth or baptism of such child, the register 
of birth of such child with a town or city clerk, or by the records of 
the public or parochial schools, that such child is of the age stated in 
the certificate: Provided, that in cases arising wherein the above 
proof is not obtainable, the parent or guardian of the child shall 
make oath before the juvenile or county court as to the age of such 
child, and the court may issue to said child an age certificate as 
sworn to. 

§ 7. Employment Ticket. 1 The age and school certificate of a 
child under sixteen years of age shall not be approved and signed 
until he presents to the person authorized to approve and sign the 
same, a school attendance certificate, as hereinafter prescribed, duly 
filled out and signed. A duplicate of such age and school certificate 
shall be filled out and shall be forwarded to the State factory in- 
spector's office. Any explanatory matter may be printed with such 
certificate in the discretion of the school board or superintendent of 
schools. The employment and the age and school certificates shall 
be separately printed and shall be filled out, signed, and held or sur- 
rendered as indicated in the following forms: 

School Certificate. 

(Name of school) . (City or town and date) . 

This certifies (name of minor) of the . . th grade, can read and 
write legibly simple sentences. This also certifies that according to 
the records of this school, and in my belief, the said (name of 
minor) was born at (name of city or town) in (name of county) on 
the (date) and is now (number of years and months) old. 

(Name of parent or guardian.) 

(Residence) . 

(Signature of teacher) grade. 

(Name of principal.) 

Correct. (Name of school) . 

Evening School Attendance Certificate. 

(Date) . 

This certifies that (name of minor) is registered in and regularly 

attends the evening school. This also certifies that 

according to the records of my school and in my belief the said 
(name of minor) was born at (name of city or town) on the .... 
day of (year) , and is now (number of years and months) old. 

(Name of parent or guardian) , 

(Residence). 
(Signature of teacher.) 
(Signature of principal). 



190 EMPLOYMENT. 



Age and School Certificate. 

This certifies that I am (father, mother, guardian or custodian) of 
(name of minor), and that (he or she) was born at (name of town 
or city) in the (name of county, if known) and State or county of 

, on the (day of birth and year of birth) and is now 

(number of years and months) old. 

(Signature of parent, guardian or custodian) , 

(City or town and date) . 

There personally appeared before me the above named (name of 
person signing) and made oath that the foregoing certificate by (him 
or her) signed is true to the best of (his or her) knowledge. I here- 
by approve the foregoing certificate of (name of child), height 

(feet and inches), weight complexion (fair or dark), hair, 

(color) having no sufficient reason to doubt that (he or she) is of 
the age therein certified. 

Owner of Certificate.] This certificate belongs to (name of 
ohild in whose behalf it is drawn) and is to be surrendered to (him 
or her) whenever (he or she) leaves the service of the corporation or 
employer holding the same; but if not claimed by said child within 
thirty days from such time it shall be returned to the superintendent 
of schools, or where there is no superintendent of schools, to the 
school board. (Signature of person authorized to approve and sign, 
with official character authority) (town, or city and date.) 

Illiteracy.] In the case of a child who cannot read at sight and 
write legibly simple sentences, the certificate shall continue as fol- 
lows, after the word sentences: "I hereby certify that (he or she) is 
regularly attending the (name of public or parochial evening 
school) ." This certificate shall continue in force just as long as the 
regular attendance of said child at said evening school is certified 
weekly by the teacher and principal of said school. 

Evening School,] In any city or town in which there is no 
public or parochial evening school, an age and school certificate 
shall not be approved for a child under the age of sixteen years who 
can not read at sight and write legibly simple sentences. When the 
public or parochial evening schools are not in session, an age and 
school certificate shall not be approved for any child who can not 
read at sight and write legibly simple sentences, The certificate of 
the principal of a public or parochial school shall be prima facie 
evidence as to the literacy or illiteracy of the child. 

§ 8. Schooling Required.] No person shall employ any minor 
over fourteen years of age and under sixteen years, and no parent, 
guardian or custodian shall permit to be employed any such minor 
under his control, who can not read at sight and write legibly simple 
sentences, while a public evening school is maintained in the town 
or city in which such minor resides, unless such minor is a regular 
attendant at such evening school. 



EMPLOYMENT. 191 



§ 9. Duties of State Inspectors of Factories.] The State 
Inspector of Factories, his assistants or deputies, shall visit all 
mercantile institutions, stores, offices, laundries, manufacturing 
establishments, bowling alleys, theatres, concert halls or places of 
amusement, factories or workshops, and all other places where 
minors are or may be employed in this State, and ascertain whether 
any minors are employed contrary to the provisions of this act. In- 
spectors of factories may require that age and school certificates, and 
all lists of minors employed in such factories, workshops, mercantile 
institutions and all other places where minors are employed as pro- 
vided for in this act, shall be produced for their inspection on demand: 
And, provided further, that upon written complaint to the school 
board or local school authorities of any city, town, district or munici- 
pality, that any minor (whose name shall be given in such com- 
plaint) is employed in any mercantile institution, store, office, 
laundry, manufacturing establishment, bowling alley, theatre, con- 
cert hall or place of amusement, passenger or freight elevator, factory 
or workshop, or as messenger or driver therefor, contrary to the pro- 
visions of this act, it shall be the duty of such school board or local 
school authority to report the same to the State Inspector of Fac- 
tories. 

§ 10. Hours of Labor.] No person under the age of sixteen 
years shall be employed or suffered or permitted to work at any gain- 
ful occupation more than forty-eight hours in any one week, nor 
more than eight hours in any one day; or before the hours of seven 
o'clock in the morning or after the hour of seven o'clock in the 
evening. Every employer shall post in a conspicuous place in every 
room where such minors are employed, a printed notice stating the 
hours required of them each day of the week, the hours of com- 
mencing and stopping work, and the hours when the time or times 
allowed for dinner or for other meals begins and ends. The printed 
form of such notice shall be furnished by the State Inspector of 
Factories, and the employment of any such minor for longer time in 
any day so stated shall be deemed a violation of this section. 

§ 11. Employments Forbidden Children Under Sixteen 
Years of Age.] No child under the age of sixteen years shall be 
employed at sewing belts, or to assist in sewing belts, in any capacity 
whatever; nor shall any child adjust any belt to any machinery; 
they shall not oil or assist in oiling, wiping or cleaning machinery; 
they shall not operate or assist in operating circular or band 
saws, wood-shapers, wool-jointers, planers, sandpaper or wood-pol- 
ishing machinery, emery or polishing wheels used for polishing 
metal, wood-turning or boring machinery, stamping machines in 
sheet metal and tinware manufacturing, stamping machines in 
washer and nut factories, operating corrugating rolls, such as are used 
in roofing factories, nor shall they be employed in operating any pas- 
senger or freight elevators, steam boiler, steam machinery, or other 
steam generating apparatus, or as pin boys in any bowling alleys; 
they shall not operate or assist in operating dough brakes, or cracker 



192 EMPLOYMENT. 



machinery of any description; wire or iron straightening machinery; 
or shall the [they] operate or assist in operating rolling mill machin- 
ery punches or shears, washing, grinding or mixing mill or calendar 
rolls in rubber manufacturing, nor shall they operate or assist in 
operating laundry machinery; nor shall children be employed in any 
capacity in preparing any composition in which dangerous or pois- 
onous acids are used, and they shall not be employed in any capacity 
in the manufacture of paints, colors or white lead; nor shall they be 
employed in any capacity whatever in operating or assisting to op- 
erate any passenger or freight elevator; nor shall they be employed 
in any capacity whatever in the manufacture of goods for immoral 
purposes, or any other employment that may be considered danger- 
ous to their lives or limbs, or where their health may be injured or 
morals depraved; nor in any theatre, concert hall, or place of amuse- 
ment wherein intoxicating liquors are sold; nor shall females under 
sixteen years of age be employed in any capacity where such em- 
ployment compels them to remain standing constantly. 

§ 12. Peima Facie Evidence of a Child's Employment.] The 
presence of any person under the age of sixteen years in any manu- 
facturing establishment, factory or workshop, shall constitute prima 
facie evidence of his or her employment therein. 

§ 13. Enforcement of the Provisions of this Act. It shall 
be the special duty of the State factory inspector to enforce the 
provisions of this act, and to prosecute all violations of the same 
before any magistrate or any court of competent jurisdiction in this 
State. It shall be the duty of the State factory inspector, assistant 
State factory inspector and deputy State factory inspectors under 
the supervision and direction of the State factory inspector, and they 
are hereby authorized and empowered to visit and inspect, at all rea- 
sonable times, and as often as possible, all places covered by this act. 

§ 14. Penalti.] Whoever, having under his control a child 
under the age of 16 years, permits such child to be employed in vio- 
lation of the provisions of this act, shall for each offense be fined 
not less than $5 nor more than $25, and shall stand committed until 
such fine and costs are paid. A failure to produce to the inspector 
of factories, his assistants or deputies, any age and school certificates, 
or lists required by this act, shall constitute a violation 
of this act, and the person so failing shall, upon con- 
viction, be fined not less than than $5 nor more than $50 for each 
offense. Every person authorized to sign the certificate prescribed 
by section 7 of this act, who certifies to any materially false state- 
ment therein shall be guilty of a violation of this act, and upon con- 
viction, be fined not less than $5 nor more than $100 for each 
offense, and shall stand committed until such fine and costs are paid. 
Auy person, firm or corporation, agent or manager, superintendent 
or foreman of any firm or corporation, whether for himself or for 
such firm or corporation, or by himself or through sub-agents or fore- 
man, superintendent or manager, who shall violate or fail to comply 
with any of the provisions of this act, or shall refuse admittance to 
premises, or otherwise obstruct the factory inspeotor, assistant factory 



EMPLOYMENT. 193 



inspeotor or deputy factory inspector in the performance of their 
duties, as prescribed by this act, shall be deemed guilty of a misde- 
meanor and, upon conviction thereof, shall be fined not less than $5 
nor more than $100 for each offense, and shall stand committed until 
such fine and costs are paid. 

§ 15. Repeal.] "An act to prevent child labor," approved June 
17, 1891, in force July 1, 1891, and all other acts and parts of acts in 
conflict with this act are hereby repealed. 

Approved May 15, 1903. 

FACTORY INSPECTORS-APPOINTMENT AND DUTIES. 

I 1. Amends section 9, act of 1893. Approved May 15. 1903. 

§ 9. Inspectors and deputies — ap- 
pointment—powers — duties- 
salaries. 

An Act entitled, "An act to amend section nine (9) of an act entitled , 
'An act to regulate the manufacture of clothing, wearing apparel 
and other articles in this State, and to provide for the appoint- 
ment of State inspectors to enforce the same, and to make an ap- 
propriation therefor,' " approved June 11, 1893, in force July 1, 
1893. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section nine (9) of an 
act entitled, "An act to regulate the manufacture of clothing, wearing 
apparel and other articles in this State; and to provide for the ap- 
pointment of State inspectors to enforce the same, and to make an 
appropriation therefor," approved June 17, 1893, in force July 1, 1893, 
be, and the same is hereby amended to read as follows: 

§ 9. The Governor shall, upon the taking effect of this act, ap- 
point a factory inspector at a salary of two thousand dollars ($2,000) 
per annum, an assistant factory inspector at a salary of one thousand 
two hundred and fifty dollars ($1,250) per annum and eighteen (18) 
deputy faotory inspectors of whom seven shall be women, at a salary 
of one thousand dollars ($1,000) per annum. The term of office of 
the factory inspector shall be for four years, and the assistant factory 
inspector and the d«puty factory inspectors shall hold their office 
during efficient service and good behavior. Said inspector, assistant 
inspector and deputy inspectors shall be empowered to visit and inspect 
at all reasonable hours and as often as practicable, the workshops, 
factories and manufacturing establishments in this State, where the 
manufacture of goods is carried on. And the inspector shall rtport 
in writing to the Governor on the 15th day [of] December, annually, 
the result of their inspections and investigations, together with 
such other information and recommendations as they may deem prop- 
er. And said inspectors shall make a special investigation into alleged 
abuses in any such workshops whenever the Governor shall direct, 
and report the results of the same to the Governor. It shall 
13 



194 EMPLOYMENT. 



also be the duty of said inspectors to enforce the provisions of this 
act, and to prosecute all violations of the same before any magistrate 
or any court of competent jurisdiction in this State, and perform 
such other duties as now are or shall hereafter be prescribed by law. 
And it shall be the duty of the State's attorney of the proper county, 
upon request of the factory inspector or his deputy, to prosecute any 
violation of this act. Said inspector shall, by written order filed with 
the Governor, divide the State into fifteen inspection districts, due 
regard being had to the number of factories and the amount of work 
required to be performed in each district. And he shall assign to 
each district a deputy inspector who shall have charge of the inspec- 
tions in the district to which he is assigned under the supervision of 
the inspector and assistant inspector. The inspector may at any 
time, when in his discretion the good of the service requires, change 
a deputy inspector from one district to another, or re-assign the dis- 
tricts of the State among the several deputy inspectors under his 
charge. He may at any time, when the conditions are changed or in 
his discretion the good of the service requires, by a like order filed 
with the Governor, re-divide the State in inspection districts, chang- 
ing the territory embraced within the several districts as to him may 
seem advisable. 

Approved May 15, 1903. 



FREE EMPLOYMENT AGENCIES IN CERTAIN CITIES 

g 1. Creation of offices in certain cities-^- 
purpose— name. 

§ 2. Officers— how appointed— salaries. 



i 9. Private agencies to be licensed— license 
fee— bond — restriction as to name 
and sign— register— registration fee. 



§ 10. Commissioners of labor to enforce act 
—prosecution of violations— penalty. 

I 11. Private employment agency defined. 

I 12. Disposition of fees and fines. 

§ 13. Blanks to be furnished by Secretary 
of State. 

§ 11. Repeal. 

I 15. Emergency. 

Approved May 11. 1903. 



§ 3. Duties of superintendent— registers- 
special registers not open to inspec- 
tion. 

I 4. Reports to Bureau of Labor Statistics- 
circulation of reports. 

\ 5. Correspondence with employers of 
labor— advertising. 

1 6. Annual reports— collection of statistics 

2 7. No fee to be charged— penalty for ac- 

cepting fee. 

I 8. "Applicant for employment" and "ap- 
plicant for help" defined. 

An Act relating to employment offices and agencies. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That free employment 
offices are hereby created as follows: One in each city of not less 
than fifty thousand population, and three in each city containing a 
population of one million or over, for the purpose of receiving appli- 
cations of persons seeking employment, and applications of persons 
seeking to employ labor. Such offices shall be designated and known 
as Illinois Free Employment Offices, 



EMPLOYMENT. 195 



§ 2. Within sixty days after this act shall have been in force, the 
State Board of Commissioners of Labor shall recommend, and the 
Governor, with the advice and consent of the Senate, shall appoint a 
superintendent and assistant superintendent and a clerk for each of 
the offices created by section 1 of this act, who shall devote their 
entire time to the duties of their respective offices. The assistant 
superintendent or the clerk shall in each case be a woman. The 
tenure of suoh appointment shall be two years, unless sooner removed 
for cause. The salary of each superintendent shall be fifteen hun- 
dred (1,500) dollars per annum, the salary of such assistant superin- 
tendent shall be one thousand two hundred (1,200) dollars per annum. 
The salary of such clerk shall be one thousand (1,000) dollars per 
annum, together with proper amounts for defraying the necessary 
costs of equipping and maintaining the respective offices. 

§ 3. The superintendent of each such free employment office 
shall, within sixty days after appointment, open an office in such 
locality as shall have been agreed upon between such superintendent 
and the secretary of the Bureau of Labor Statistics, as being most 
appropriate for the purpose intended; such office to be provided 
with a sufficient number of rooms and apartments to enable him to 
provide, and he shall so provide, a separate room or apartment for 
the use of women registering for situations or help. Upon the outside 
of each such office, in position and manner to secure the fullest public 
attention, shall be piaced a sign which shall read in the English lan- 
guage, Illinois Free Employment Office, and the same shall appear 
either upon the outside windows or upon signs in such other lan- 
guages as the location of each such office shall render advisable. 
The superintendent of each such free employment office shall receive 
and record in books kept for that purposes [purpose] , names of all 
persons applying for employment or help, designating opposite the 
names and addresses of each applicant, the character of employment 
or help desired. Separate registers for applicants for employment 
shall be kept, showing the age, sex, nativity, trade or occupation of 
each applicant, the cause and duration of non-employment, whether 
married or single, the number of dependent children, together with 
such other facts as may be required by the Bureau of Labor Statis- 
tics to be used by said bureau: Provided, that no special registers 
shall be open to public inspection at any time, and that such statis- 
tical and sociological data as the Bureau of Labor may require shall 
be held in confidence by said bureau , and so published as not to 
reveal the identity of any one: And, provided further, that any ap- 
plicant who shall decline to furnish answers as to the questions con- 
tained in special registers shall not thereby forfeit any rights to any 
employment the office might secure. 

§ 4. Each such superintendent shall report on Thursday of each 
week to the State Bureau of Labor Statistics the number of appli- 
cations for positions and for help received during the preceding 
week, and the number of positions secured, also those unfilled appli- 
cations remaining on the books at the beginning of the week. It 
shall also show the number and character of the positions secured 



196 EMPLOYMENT. 



during the preceding week. Upon receipt of these lists, and not 
later than Saturday of each week, the secretary of the said Bureau 
of Labor Statistics shall cause to be printed a sheet showing sepa- 
rately, and in combination, the lists received from all such free em- 
ployment offices. 

§ 5. It shall be the duty of each such superintendent of a free 
employment office to immediately put himself in communication 
with the principal manufacturers, merchants and other employers of 
labor, and to use all diligence in securing the cooperation of the said 
employers of labor, with the purposes and objects of said employ- 
ment offices. To this end it shall be competent for such superin- 
tendents to advertise in the columns of newspapers, or other medium, 
for such situations as he has applicants to fill, and he may advertise 
in a general way for the cooperation of large contractors and em- 
ployers in such trade journals or special publication as reach such 
employers, whether such trade or special journals are published 
within the State of Illinois or not. 

§ 6. It shall be the duty of each such superintendent to make 
report to the State Bureau of Labor Statistics annually, not later 
than December first of each year, concerning the work of his office 
for the year ending October first of the same year, together with a 
statement of the expenses of the same, including the charges of an 
interpreter when necessary, and such report shall be published by 
the said Bureau of Labor Statistics annually with its coal report. 
Each such superintendent shall also perform such other duties in the 
collection of statistics of labor as the secretary of the Bureau of 
Labor Statistics may require. 

§ 7. No fee or compensation shall be charged or received, directly 
or indirectly, from persons applying for employment or help through 
said free employment offices, and any superintendent, assistant su- 
perintendent or clerk, who shall accept, directly or indirectly, any 
fee or compensation from any applicant or from his or her represen- 
ative, shall be deemed guilty of a misdemeanor, and upon conviction, 
shall be fined not less than twenty-five nor more than fifty dollars 
and imprisoned in the county jail not more than thirty days. 

§ 8. The term, "applicant for employment," as used in this act, 
shall be construed to mean any person seeking work of any lawful 
character, and "applicant for help" shall mean any person or persons 
seeking help in any legitimate enterprise; and nothing in this act 
shall be construed to limit the meaning of the term work to manual 
occupation, but it shall include professional service, and all other 
legitimate service. 

§ 9. No person, firm or corporation in this State shall open, 
operate or maintain a private employment agency for hire, or 
where a fee is charged to either applicant for employment or 
for help without first obtaining a license for the same from 
the State Commissioners of Labor. Such license fee, in cities 
of fifty thousand (50,000) population and over, shall be fifty 



EMPLOYMENT. 197 



dollars ($50) per annum. In all cities containing less than fifty 
thousand (50,000) population a uniform fee of twenty-five dollars 
($25) per annum will be required. Every license shall contain a 
designation of the city, street and number of the building in which 
the licensed party conducts said employment agency. The license, 
together with a copy of this act, shall be posted in a conspicuous 
place in each and every employment agency. No agency shall print, 
publish or paint on any sign, window, or insert in any newspaper or 
publication, a name similar to that of the Illinois Free Employment 
Office. The Commissioners of Labor shall require with each appli- 
cant for a license a bond in the penal sum of five hundred dollars 
($500), with one or more sureties, to be approved by the said com- 
missioners, and conditioned that the obligor will not violate any of 
the duties, terms, conditions, provisions or requirements of this act. 
The said commissioners are authorized to cause an action or actions 
to be brought on said bond in the name of the People of the State 
of Illinois for any violation of any of its conditions, and they may 
also revoke, upon a full hearing, any license, whenever, in their judg- 
ment, the party licensed shall have violated any of the provisions of 
this act. It shall be the duty of every licensed agency to keep a reg- 
ister, in which shall be entered the name and address of every appli- 
cant. Such licensed agency shall also enter into a register the name 
and address of every person who shall make application for help or 
servants; and the name and nature of the employment for which 
such help shall be wanted. Such register shall, at all reasonable 
hours, be open to the inspection and examination of the Commission- 
ers of Labor or their agents. Where a registration fee is charged for 
receiving or filing applications for employment or help, said fee shall 
in no case exceed the sum of two dollars ($2) , for which a receipt 
shall be given, in which shall be stated the name of the applicant, 
the amount of the fee, the date, the name or character of the work 
or situation to be procured. In case the said applicant shall not ob- 
tain a situation or employment through such licensed agency within 
one month after registration as aforesaid, then said licensed agency 
shall forthwith repay and return to such applicant, upon demand be- 
ing made therefor, the full amount of the fee paid or delivered by said 
applicant to said licensed agency, provided that such demand be 
made within thirty (30) days after the expiration of the period afore- 
said. No agency shall send or cause to be sent any female help or 
servants to any place of bad repute, house of ill-fame or assignation 
house, or to any house or place of amusement kept for immoral pur- 
poses. No such licensed agency shall publish or cause to be pub- 
lished any false or fraudulent notice or advertisement, or to give any 
false information, or to make any false promise concerning or relat- 
ing to work or employment to anyone who shall register for employ- 
ment, and no licensed agency shall make any false entries in the reg- 
ister to be kept as herein provided. No person, firm or corporation 
shall conduct the business of any employment office in, or in connec- 
tion with, any place where intoxicating liquors are sold. 



198 EMPLOYMENT. 



§ 10. It shall be the duty of the Commissioners of Labor, and the 
secretary thereof, to enforce this act. When informed of any viola- 
tion, it shall be their duty to institute criminal proceedings for the 
enforcement of its penalties before any court of competent jurisdic- 
tion. Any person convicted of a violation of the provisions of this 
act shall be guilty of a misdemeanor and shall be fined not less [than] 
fifty dollars ($50) nor more than one hundred (100) dollars for each 
offense, or by imprisonment in the county jail for a period not ex- 
ceeding six (6) months, or both, at the discretion of the court. 

§ 11. A private employment agency is defined and interpreted to 
mean any person, firm or corporation furnishing employment or help 
or giving information as to where employment or help may be se- 
oured, or who shall display any employment sign or bulletin, or 
through the medium of any card, circular or pamphlet, offering em- 
ployment or help, shall be deemed an employment agency, and sub- 
ject to the provisions of this act, whether a fee or commission is 
charged or not: Provided, that charitable organizations are not in- 
cluded. 

§ 12. All money or moneys received from fees and fines shall be 
held by the said Commissioners of Labor, and shall constitute a fund 
for the purpose of enforcing the provisions of this act; and the said 
commissioners shall, at the end of each fiscal year, make an account 
of said fund and pay into the State Treasury whatever balance shall 
remain after paying the necessary disbursements for the purpose of 
enforcing the provisions of this act. 

§ 13. All printing, blanks, blank books, stationery and such other 
supplies as may be necessary for the proper conduct of the business 
of the offices herein created shall be furnished by the Secretary of 
State upon requisition for the same made by the superintendents of 
the several offices. 

§ 14. All acts and parts of acts in conflict herewith are hereby 
repealed. 

§ 15. Whereas, An emergency exists, therefore, this act shall 
take effect and be in force from and after its passage. 

Approved May 11, 1903. 



\ 1. Wages must be paid in full on pay day 
—exceptions. 



WAGES-ENFORCEMENT OP PAYMENT. 

§ 3. Violations— penalty. 

§ 4. Prosecutions of violations of act. 

Approved May 14, 1903. 



2 2. Certain contracts declared illegal- 
such contracts no defense in suits at 
law. 

An Act to regulate and enforce the payment of wages due laborers, 
servants and employe's from corporations doing business in this 
State. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: It shall be unlawful for any 



EMPLOYMENT. 199 



corporation doing business within this State to withhold from any 
of its laborers, servants or employes any part or per cent of the 
wages earned by such laborer, servant or employe^ beyond the date 
of the regular pay day of said corporation, under the guise or pre- 
text, that the amount of wages so withheld, is to be given or pre- 
sented to such laborer, servant or employe" as a present or gratuity 
from said corporation, at the expiration of any future date, on condi- 
tion that the services of such laborer, servant or employe" have been 
performed to the entire satisfaction of said corporation, or upon con- 
dition that such laborer, servant or employ^ shall, unless sooner 
discharged by said corporation, remain in its employ until the 
expiration of some future date designated by said corporation, or 
under any other similar pretext or condition, but all such wages shall 
be paid in full by said corporation on its regular pay day : Provided, 
that nothing in this act contained shall be held to abridge the right 
of any corporation not making or requiring contracts of the class 
specified above, to make such contract or arrangement as may be 
legal, concerning the payment of wages to employes: And provided 
further, nothing herein contained shall be construed to affect the 
right of any corporation to contract for the retention of a part of the 
wages of said laborers, servants and employes for the purpose of 
giving to said servants, laborers and employ6s insurance, hospital, 
sick or other similar relief. 

§ 2. That all contracts or agreements of the kind and character 
referred to and described in section 1 of this act, hereafter made by 
any corporation doing business in this State, are hereby declared to 
be illegal, against public policy and null and void, and no such 
agreement or contract shall constitute a defense upon the part of any 
such corporation , to any action brought by any such laborer, servant 
or employ^, for the recovery of any wages due him, and withheld 
from him by any such corporation, contrary to the provisions of this 
act. 

§ 3. That any such corporation doing business in this State, who 
shall violate the provisions of this act, shall, for each offense, forfeit 
the sum of two hundred dollars to be recovered from it in any [an] 
action of debt in the name of the People of the State of Illinois, or 
by any person who may sue for the same. 

§ 4. It is hereby made the duty of the several State's attorneys of 
this State in their respective counties, to prosecute all actions com- 
menced in the name of the People of the State of Illinois, under the 
provisions of this act. 

Approved May 14, 1903. 



200 FEES AND SALAEIES. 



FEES AND SALAEIES. 



STATE'S ATTORNEYS-SALARIES IN COUNTIES OF THE FIRST AND SECOND 

CLASS. 



i 1. Amends act of 1874 by adding eight new 
sections. 

? 8a. Salaries allowed in lieu of fees 
and commissions— disposition 
of fees. 

% 8b. Maximum salary in counties of 
1st class, $2.008— of 2d class. 
$5,000. 

I 8c. Assistants authorized. 

1 8d. Collection and disposition of 
fines and forfeitures. 



§ 8e. Report to court— failure to turn 
over fines— penalty. 

2 8f. Payment of salaries— drawing 
of warrants. 

§ 8g. Balance of fines to be paid into 
school fund. 

§ 8h. Adoption of act by county- 
submission to electors— form 
of ballot— declaration of re- 
suit. 

Approved May 15, 1903. 



An Act to amend an act entitled, "An act concerning fees and 
salaries, and to classify the several counties of this State with 
reference thereto," approved March 29, 1872, in force July 1, 1872, 
as amended by act approved June 4, 1889, in force July 1, 1889; 
title as amended by act approved March 28, 1874, in force July 
1, 1874, by adding thereto eight new sections to be known as sec- 
tions 8a, 8b, 8c, 8d, 8e, 8f, 8g and 8h. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That an act entitled "An act 
concerning fees and salaries, and to classify the several counties of 
this State with reference thereto," approved March 29, 1872, in force 
July 1, 1872, as amended by act approved June 4, 1889, in force July 
1, 1889; title as amended by act approved March 28, 1874, in force 
July 1, 1874, be, and the same is hereby, amended by adding thereto 
eight new sections to be known as sections 8a, 8 b, 8c, 8d, 8e, 8f, 8g 
and 8h. 

§ 8a. That State's attorneys in counties of the first and second 
olass shall receive in lieu of the fees and commissions now allowed 
them by law, a salary to be fixed by the county board in counties 
under township organization, and by the county commissioners in 
counties having county commissioners; and such salary shall be 
fixed in the same manner as salaries are now fixed for county officers, 
and paid out of the county treasury: Provided, that the salaries so 
[paid] shall be additional to the compensation now paid State's 
attorneys out of the State treasury: Provided, further, that the 
fees now allowed State's attorneys in counties of the first and second 
class be hereafter taxed as cost in such proceedings, and when col- 
lected shall be paid into the county treasury. 

§ 8b. The amount fixed as salary in counties of the first class 
shall not exceed the sum of two thousand dollars, and in counties 
of the second class the same shall not exceed the sum of five 
thousand dollars. 



FEES AND SALARIES. 201 



§ 8c. The county board or board of county commissioners, as the 
case may be, may allow a reasonable amount as compensation for an 
assistant or assistants to the State's attorney, when such assistance 
is necessary for a proper transaction of the business of the office. 

§ 8d. It shall be the duty of State's attorneys to attend to the col- 
lection of all fines and forfeitures in criminal cases, and they shall, 
without delay, pay over all fines and forfeitures collected by them to 
the county treasurer in order that a fund may be thereby provided 
from which the salary of the State's attorney and compensation of 
assistants contemplated by this act be paid, and the said funds in the 
hands of the county treasurer shall be used for the payment of the 
salary and compensation aforesaid as far as it will go toward such 
payment. But in no event shall said salary be paid out of any gen- 
eral or other county fund, or any fund other than that arising from 
the collection of such fines and forfeitures. 

§ 8e. The State's attorney shall at each term of the circuit court, 
with their report of fines and forfeitures collected, satisfy the court, 
by voucher or otherwise, that all fines and forfeitures, by them here- 
after collected, have been duly paid over to the county treasurer as 
required by this act; and if it appear to the court that any State's 
attorney has failed or refuses to turn over the fines and forfeitures 
collected by him as required, the court shall at once suspend him and 
appoint a State's attorney pro tempore to perform the duties of the 
office until such State's attorney shall have complied with the pro- 
visions of this act. 

§ 8f. That the compensation and salaries provided for in this act, 
when said fund, as provided in section 8d of this act, shall be suffi- 
cient therefor, shall be paid in equal quarterly installments, and it 
shall be the duty of the county clerk at the end of each quarter of 
the year, to draw proper orders or warrants for the amounts due the 
State's attorney or his assistants, respectively, on the county treas- 
urer, who shall pay the same on presentation properly endorsed: 
Provided, that no warrant for such salary or any part thereof, shall 
be drawn in excess of the fund provided by section 8d of this act. 

§ 8g. Any portion of the said funds provided in section 8d of this 
act arising from the collection of fines and forfeitures, remaining 
after the payment of the salary of the State's attorney and compen- 
sation to his assistant or assistants, if any, shall be paid by the 
county treasurer to the county superintendent of schools on the first 
day of January next after the expiration of the term of office of the 
State's attorney. 

§ 8h. Whenever 20 per cent, of the legal voters of any 
county shall petition the county judge to submit the proposition, 
whether or not the electors shall adopt this act, it shall be the duty 
of such county judge to submit such proposition at the next county 



202 FEES AND SALARIES — FISH AND GAME. 



or State election. The proposition so to be voted for shall be on a 
separate ballot in plain, prominent type, and be prepared and pro- 
vided for that purpose in the same manner as other ballots: 



For adopting the proposed amendments to "An act 
concerning fees and salaries, and to classify the sev- 
eral counties of this State with reference thereto," 
viz: Sections 8a, 8c, 8b, [8d,J 8e, 8f, 8g and 8h. 




If a majority of the votes cast for or against such proposition shall 
be for such proposition, the aforesaid amendments shall be adopted, 
and the county judge shall enter of record an order declaring this 
act in force in such county. 

Approved, May 15, 1903. 



FISH AND GAME. 



PROTECTION OF FISH. 



I 1. Amends sections 1,4,6,12 and 18, act of 
1897. 

2 1. Seines, nets, chemicals and ex- 
plosives prohibited — other 
provisions. 

§ 4. Appointment of fish wardens- 
powers and duties— salary. 

§4a. Enforcement of act. 



§ 6. Size of marketable fish pre- 
scribed, 

1 12. Collection and disposition of 
fines. 

1 18. Lawful times and methods of 
fishing defined. 
Approved May 13, 1903. 



An Act to amend section one (1) , section four (4), section six (6), 
section twelve (12) and section eighteen (18) of an act entitled, 
"An act to encourage the propagation and cultivation, and to se- 
cure the protection of fishes in all the waters under the jurisdic- 
tion of the State of Illinois,'" approved June 11, 1897, in force 
July 1, 1897, as amended by an act approved May 11, 1901, in 
force July 1, 1901, and by adding section four a (4a) thereto: 

Section 1. Be it enacted by the People of the State of Illinois* 
represented in the General Assembly: That section one (1), section 
four (4) , section six (6), section twelve (12) and section eighteen 
(18) of an act entitled, "An act to encourage the propagation and 
cultivation, and to secure the protection of fishes in all the waters 
under the jurisdiction of the State of Illinois," approved June 11, 
1897, in force July 1, 1897, as amended by an act approved May 11, 
1901, in force July 1, 1901, be amended so as to read as hereinafter 
set forth, and, that section four a (4a) be added thereto. 

§ 1. That no person or persons shall place, or cause to be placed, 
or erected any seine, weir, net, fish dam or other obstruction in or 



FISH AND GAME. 203 



across any of the rivers, creeks, ponds, streams, lakes, sloughs, bayous 
or other water or water courses within the jurisdiction of this State, 
in such manner as will obstruct the free passage of fish up and 
down and through such waters or water courses, and it shall be un- 
lawful for any person to catch or take fish, except minnows for bait, 
with any device or means other than a hook and a line, within one- 
half mile of any dam constructed across any of the rivers or creeks 
or other water courses within the jurisdiction of this State. That 
it shall be unlawful for any person to catch or kill any fish in or 
upon any of the lakes or rivers within the jurisdiction of this State, 
with any device or means when such waters are covered with ice. 
That it shall be unlawful for any person to catch or kill, or attempt 
to catch or kill any fish with any trammel net, seine, basket or other 
devices used as a seine, in or upon any of the rivers, creeks, streams, 
ponds, lakes, sloughs, bayous, or other water courses within the 
jurisdiction of this State, nor shall the meshes of any weir, seine of 
any net or seine used for catching fish, except for catching minnows 
for bait, be less than one and one-half inches square: Provided, 
however, that seining shall be lawful and allowed between the first 
day of July in each year and the fifteenth day of April in the follow- 
ing year, with seines, the meshes of which shall not be less than one 
and one-half (1|) inches square; in such rivers or streams as are used 
for navigation within the jurisdiction of this State: Provided, also, 
that it shall be lawful for the fish commissioners, or persons author- 
ized by them to take fish in any way, at any time, and in any such 
places, as they deem best for the purpose of propagation, distribu- 
tion or destroying of objectionable fish. 

It shall be unlawful for any person to buy, sell or have in posses- 
sion any fish at any time which shall have been caught, taken or 
killed contrary to the provisions of this act, and any person so of- 
fending shall be deemed guilty of a misdemeanor and fined as pro- 
vided in this act: Provided further, however, that every person who 
shall at any time catch or kill or take, or attempt to catch or kill any 
fish in any of the rivers, creeks, ponds, lakes, streams, sloughs, 
bayous or other water courses within the jurisdiction of this State, by 
the use of lime, acid, medical or chemical compounds, or dope or any 
medicated drug, or any cocolus [cocculus] indicus or fishberry, or any 
dynamite or giant powder, nitro-glycerine, or any explosive substance 
of which nitro-glycerine composes a part, or other explosive, shall be 
deemed guilty of a felony and, upon conviction, shall be imprisoned in 
the penitentiary not less than one year or more than two years: And, 
provided also, that when gar are taken by seine or net, they shall be 
destroyed, and any person or persons neglecting to destroy such gar, 
shall be deemed guilty of a misdemeanor, and fined as provided in 
this act: And, provided also, every person who shall at any time 
kill, or attempt to kill with spear in any of the rivers, creeks, ponds, 
lakes, streams, sloughs, bayous or other water courses within the juris- 
diction of this State, any fish, except the German carp, shall be 
deemed guilty of a misdemeanor, and fined as provided in this act. 



204 PISH AND GAME. 



§ 4. The Governor, on request of the fish commissioners, shall 
appoint five (5) fish wardens, who shall be under the supervision of 
the fish commissioners, and whose duty it shall be to enforce all laws 
relating to fishes, arrest all violators thereof, and prosecute offenders 
against the same. They shall have power to serve process against 
such offenders, and shall have power to arrest, without warrant, any 
person for violating any of the provisions of this act. Bach of the 
said fish wardens shall receive a salary of nine hundred (900) dollars 
per annum, to be paid out of the State Treasury upon bills audited 
by the fish commissioners, and approved by the Secretary of State, 
and Governor. 

§ 4a. To enforce the provisions of this act, all suits brought under 
the same shall be brought in the name of the People of the State of 
Illinois, and shall be brought on the complaint of any person or 
persons showing by affidavit that some section of this act has been 
violated, giving the names of the persons violating, if known, and if 
unknown, such affidavit shall state that such violation has been com- 
mitted by some person or persons, whose name or names are un- 
known, and such complaint shall be made before any justice of the 
peace of the county in which such violation has been made. 

§ 6. It shall be unlawful to sell or offer for sale any of the follow- 
ing named fishes mentioned below, which are less than the weight or 
length specified for each: 

Black bass » 11 inches 

White or striped bass 8 inches 

Rock bass , . . 7 inches 

Black or river oroppie , 7 inches 

White croppie 8 inches 

Yellow or ring perch 6 inohes 

Wall-eyed pike or pike perch 15 inohes 

Pike or pickerel 18 inches 

Buffalo 15 inches 

German carp 13 inches 

Native carp 12 inches 

Sun fish 6 inches 

Red-eyed perch. 6 inohes 

Blue or channel cat 13 inches 

White perch 10 inches 

White fish, menomie 1 pound 

Common white fish 1| pound 

Lake trout if pound 

Turtle or terrapin 7 inch shell 

And, provided further, that the possession of any of the above 
named species for the purpose of sale, or offering for sale of less 
length and weight than above designated, shall be prima facie evi- 
dence of the violation of this section, and subject the party or parties 
having them in their possession to the penalty hereinafter mentioned. 

§ 12. Whenever any judgment for conviotion shall be rendered 
against any defendant or defendants as above provided, exeoution 



PISH AND GAME. 205 



shall issue forthwith on such judgment, and the sheriff or constable 
to whom the same shall be directed, shall pay the penalties collected 
on such execution in payment of such judgment, to the justice of the 
peace who imposed said fine, or to the clerk of the court wherein the 
fine was imposed, and such justice or clerk shall immediately pay to 
the State Treasurer the amount of said fine, to be used in payment 
of such expenses as may be incurred by the wardens in the enforce- 
ment of this act. Said money to be paid out on the order of a ma- 
jority of the Board of Fish Commissioners, and approved by the 
Governor. 

§ 18. It shall be unlawful to seine, kill or take any kind of fish 
whatsoever, except by hook and line, in any of the rivers, creeks, 
lakes, sloughs, bayous, or other water courses within the jurisdiction 
of this State, between the 15th dav of April and the 1st day of August 
of each and every year: Provided, however, that it shall be unlaw- 
ful at any time to take, seine, net or kill, in any of the water or water 
courses within the jurisdiction of the State of Illinois, by any means 
whatsoever, except by hook and line, black bass, pike, pickerel, or 
wall-eyed pike, commonly known as jack or yellow salmon, at any 
time: And, provided further, that it shall be unlawful to catch or 
kill any fish whatsoever, by use of nets, in any of the rivers, creeks, 
ponds, lakes, sloughs, bayous or water courses within the jurisdiction 
of this State, between the 15th of April and the 1st day of June of 
each and every year: And, provided further, that nothing in this 
section shall be so construed as relating or applying to Lake Michigan. 

Approved May 13, 1903. 



206 



FISH AND GAME. 



PROTECTION 

I 1. When game may be killed and how- 
penalties for violation. 

I 2. Having, selling and transporting game 
—when unlawful— penalties. 

§ 3. Killing birds other than game birds- 
penalty— game birds defined. 

§ 4. Destroying nests and eggs— penalty. 

1 5. Trapping and snaring birds— penalty, 

2 6. Sale of game and birds— taxidermists 

excepted— game from other states. 

I 7. Common carriers— game in transit 
through State. 

§ 8. Prosecutions— duties of certain officers 
—disposition of fines. 

I 9. Prosecutions to be commenced within 
six months. 

§ 10. Certain game not to be killed for 10 
years— penalty— disposition of fines. 

\ 11. Title to wild game and birds is in the 

State. 
I 12. Destroying nests and eggs— penalty. 
\ 13. Exceptions as to sections 3 and 12. 

I 14. Certificates authorizing collection of 
eggs and birds may be granted by 
county clerk— fee— bond— penalty. 

I 15. All certificates expire June 1 of each 
year. 

\ 16. State Game Commissioner— appoint- 
ment— duties— appointment of game 
wardens. 

An Act for the protection of game, wild fowl and birds, and to 
repeal certain acts relating thereto. 
Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: It is hereby declared to be 
unlawful to hunt, kill, net, entrap, ensnare or destroy or attempt to 
hunt, kill, net, entrap, ensnare or destroy or to have in possession 
any quail between the 20th day of December and the 10th day of 
November of each succeeding year; or any ruffed grouse (partridge), 
or pinnated grouse (prairie chicken), for a period of four years from 
the date of the passage of this act; or any woodcock or mourning 
dove between the first day of December and the first day of August 
of each succeeding year; or any grey, red, fox or black squirrel be- 
tween the 31st day of December and the first day of July of each 
succeeding year; or any jack snipe, Wilson's snipe, sand snipe or 
any kind of snipe or any golden plover, up-land plover or any kind 
of plover between the first day of May and the first day of September 
of any year. And it shall be unlawful to kill, hunt, ensnare, entrap 
or attempt to kill, hunt, ensnare, entrap or otherwise destroy any 
wild goose, duck, brant, or other water fowl at any time between 
the 15th day of April and the first day of September of any year. 



OP GAME. 

I 17. Powers and duties of game commis- 
sioner, wardens and deputies- 
sheriffs, police officers, etc., are ex 
officio deputy game wardens. 

\ 18, Compensation of State Game Commis- 
sioner, game wardens and deputies. 

I 19. Search warrants for game. 

§ 20. Hearing on warrants. 

8 21. Sale of game seized. 

§ 22. Disposition of proceeds of sale. 

I 23. Commissioner's annual report to Gov- 
enor. 

I 24. Officers not liable for wrongful "seiz- 
ure. 

I 25. Hunter's license provided for. 

I 26. Alteration or transfer of license- 
penalty. 

§ 27. Prosecutions relating to license— dis- 
position of fines. 

1 28. Hunting on lands of others without 

permission. 

2 29. Prosecution for violation of section 28. 
I 30. Penalty for violation of section 28. 

§ 31. Use of ferrets for hunting— penalty. 
I 32. Repeal of certain acts. 
Approved April 28, 1903. 



PISH AND GAME. 207 



And it shall be unlawful to hunt, kill, entrap, ensnare or at- 
tempt to hunt, kill, entrap, ensnare or otherwise destroy any 
wild goose, duck, brant, rail or other water fowl between the sunset 
of any day and the sunrise of the next succeeding day at any period 
of the year. And it shall be further unlawful at any time to hunt, 
kill, entrap or ensnare, or attempt to hunt, kill, entrap or ensnare or 
otherwise destroy any wild goose, brant, duck or any other water 
fowl from any fixed or artificial ambush beyond the lines of natural 
covering of reeds, oanes, willows, flags, crooked brush, wild rice or 
other vegetation above the water of any lake, river, bay or inlet, or 
other water course wholly within the State, or with the aid or use of 
any device commonly called sneak boat, sink box or other device for 
the purpose of concealment in the open waters of this State. And it 
shall further be unlawful to shoot, kill or destroy or shoot at any 
wild goose, duck, brant or other water fowl with a swivel gun, or 
from any sail boat, electric launch or steam boat, at any time in any 
part of the water of any lake, river, bay or inlet, or other water 
course wholly within this State: Provided, that it shall be unlaw- 
ful to kill, entrap, ensnare or otherwise destroy any of the ducks, 
geese or brant mentioned in this section at any time for market or 
other commercial purposes, nor more than fifty by one person in one 
day. Any person or persons so offending shall, for each and every 
offense, be deemed guilty of a misdemeanor and on conviction, shall 
be fined in any sum not less than fifteen dollars nor more than fifty 
dollars and costs of suit, and shall stand committed to the county 
jail until such fines and costs are paid: Provided, that such im- 
prisonment shall not exceed ten days, and the killing of each bird or 
animal herein specified shall be deemed a separate offense. 

§ 2. It shall be unlawful for any person to buy, sell or have in 
possession any of the animals, wild fowl or birds mentioned in sec- 
tion 1 of this act, at any time when the killing, trapping, netting 
and ensnaring of such animals, wild fowl or birds shall be unlawful, 
which shall have been killed, entrapped, netted or ensnared contrary 
to the provisions of this act. And it shall further be unlawful for 
any person or persons at any time to sell or expose for sale, or to 
have in his or their possession for the purpose of selling, any quail, 
pinnated grouse or prairie chicken, wild duck, goose or brant, 
ruffed grouse or partridge, grey, red, fox or black squirrel or wild 
turkey that shall have been caught, ensnared, entrapped or killed 
within the limits of this State. And it shall further be unlawful for 
any person, corporation or carrier to receive for transportation, to 
transport, carry or convey any of the aforesaid quail, pinnated 
grouse or prairie chicken, ruffed grouse or partridge, squirrel, duck, 
goose, brant or wild turkey that shall have been caught, ensnared, 
entrapped or killed within the limits of this State, knowing the same 
has been sold, or to transport, carry or convey the same to any place 
where it is to be sold or offered for sale, or to any place outside of 
this State for any purpose, except such person have a license from 
this State so to do. And any person guilty of violating any of the 
provisions of this section shall be deemed guilty of a misdemeanor, 
and, on conviction thereof shall be fined not less than twenty-five 



208 FISH AND GAME. 



dollars nor more than one hundred dollars for each and every offense 
and shall stand committed to the county jail not exceeding ten days 
or until such fines and costs are paid: Provided, that the selling, 
exposing for sale, having in possession for sale, transporting or car- 
rying and conveying contrary to the provisions of this section, of 
each and every animal or bird forbidden herein, shall be deemed a 
separate offense. 

§ 3. Any person who shall, within the State, kill or catch or have 
in his or her possession, living or dead, any wild bird or part of bird 
other than a game bird, English sparrow, crow, crow-blackbird or 
chicken hawk, or who shall purchase, offer or expose for sale any 
such wild bird or part of bird after it has been killed or caught, 
shall, for each offense, be subject to a fine of five dollars for each 
bird killed or caught or had in his or her possession, living or dead, 
or imprisoned for ten days, or both, at the discretion of the court: 
Provided, that nothing in this section shall be construed to prevent 
the owner or ocoupant of lands from destroying any such birds or 
animals when deemed necessary by him for the protection of fruits 
or property. For the purpose of this act the following only shall be 
considered game birds: The Anatidse, commonly known as swans, 
geese, brant and river and sea ducks; the Ballidse, commonly known 
as rails, and Gallinules, the Limicolse, commonly known as shore 
birds, plovers, surf birds, snipe, woodcock and pipers, tattlers and 
curlews; the Callinee [Gallinse] commonly known as wild turkeys, 
grouse, prairie chickens, pheasants, partridges, quails and mourning 
doves. 

§ 4. It shall be unlawful for any person or persons to destroy or 
remove from the nests of any prairie chicken, grouse, quail, wild 
turkey, duck, goose or brant any egg or eggs of such fowl or wild 
bird or for any person to buy, sell, have in possession or traffic in 
such eggs or wilfully destroy the nests of such birds or fowls, or any 
or either of them. Any person so offending shall, on conviction, be 
fined $5 for each offense. 

§ 5. No person or persons shall, at any time, with trap, snare or 
net take or attempt to entrap, ensnare or net any wild turkey, prairie 
chicken, quail, grouse or pheasant at any time, and every person so 
offending shall, on conviction, be fined in a sum not less than $10 
nor more than $25 and costs of suit, and shall stand committed to the 
county jail until such fine is paid: Provided, that such imprison- 
ment shall not exceed 15 days. 

§ 6. No person or persons shall sell or expose for sale, or have in 
his or their possession for the purpose of selling or exposing for sale, 
any of the animals, wild fowls or birds mentioned in section 1 of 
this act, after the expiration of five (5) days next succeeding the first 
day of the period in which it shall be unlawful to kill, entrap or en- 
snare such animals, wild fowls or birds ; nor shall any of such ani- 
mals, wild fowls or birds be sold cr offered for sale during the first 
two days of the open season. Any person so offending shall, on con- 
viction, be fined and dealt with as specified in section one (1) of this 
act, and selling or exposing for sale, or having the same in possession 



FISH AND GAME. 209 



for the purpose of selling or exposing for sale, any of the animals or 
birds mentioned in this section, after the expiration of the time men- 
tioned in this seotion, shall be prima facie evidence of the violation 
of this act: Provided, that the provisions of this act shall not apply 
to the killing of birds by or for the use of taxidermists for preserva- 
tion either in public or private collections, if so preserved: Provided, 
further, that nothing contained in this section shall be construed as 
modifying or being in conflict with section two of this act, or author- 
izing or legalizing the sale or exposing for sale, transportation or re- 
ceiving for transportation, any of the animals, birds or game as 
therein prohibited: And, provided, also, that the inhabitants of vil- 
lages and cities may receive game from other states, and expose and 
sell the same on the market in said villages and cities, between the 
first day of Ootober and the first day of February of the following 
year. 

§ 7. The provisions of this act shall not be construed as appli- 
cable to any express company or common carrier, into whose posses- 
sion any of the animals, wild fowl or birds herein mentioned shall 
come in the regular course of their business for transportation, while 
they are in transit through this State, from another state, where the 
killing and transportation of said animals, wild fowl or birds be law- 
ful. But, notwithstanding this provision, the having or being in pos- 
session of any such animals, wild fowl or birds, as are mentioned in 
section one (1) , upon any of the days upon which the killing, en- 
trapping, ensnaring, netting, buying, selling or having in possession 
any such animals, wild fowl or birds, shall be unlawful by the pro- 
visions of this aot, shall be deemed and taken as prima facie evidence 
that the same was ensnared, entrapped, netted or killed in violation 
of this act. 

§ 8. All prosecutions under the provisions of this act, except as 
otherwise herein provided, shall be brought by any person, in the 
name of the People of the State of Illinois, against any person or 
persons violating any of the provisions of this act, before any justice 
of the peace of any county, in which such violation is alleged to have 
taken place (and said justice may, on proper evidence of guilt, bind 
said violator over to the grand jury) , or before any court of compe- 
tent jurisdiction; and it is hereby made the duty of the State's attor- 
ney to see that the provisions of this act are enforced in their respec- 
tive counties, and they shall prosecute all offenders on receiving in- 
formation of the violation of any of the provisions of this act; and it 
is made the duty of sheriffs, constables and police officers to inform 
against and prosecute all persons whom there is probable cause to 
believe are guilty of violating any of the provisions of this act. One- 
half of the amount recovered in any penal action under the provis- 
ions of this act shall be paid to the person filing the complaint in such 
action, and the remaining one-half to the game protection fund. 



-14 



210 FISH AND GAME. 



§ 9. All prosecutions under this act shall be commenced within 
six months from the time such offense was committed and not after- 
wards. 

§ 10. That it shall be unlawful for any person in the State of 
Illinois, for and during the period of ten years from and after the 
passing of this act, to injure, take, kill, expose or offer for sale, or 
have in possession, except for breeding purposes, any wild buck, doe 
or fawn; and for five years any wild turkey, ring-neck, Mongolian 
pheasant, any green Japanese pheasant, English pheasant, any cop- 
per pheasant or scholmeringen, any Trogopan pheasant, silver pheas- 
ant or golden pheasant, any Oacabis and chucker partridge, any sand 
grouse, and black Indian partridge: Provided, that cock pheasants 
may be killed and sold from the first day of November to the thirty- 
first day of December, inclusive, of each and every year, by the 
breeders thereof, upon a permit issued to them by the State Game 
Commissioner. Any person violating the provisions of this section 
shall be deemed guilty of a misdemeanor and upon conviction, shall 
be punished by a fine of not less than fifty dollars nor more than one 
hundred dollars, and, in default of payment of the fine imposed, shall 
be imprisoned in the county jail at the rate of one day for each dol- 
lar of the fine imposed. The one-half of all fines imposed and col- 
lected under this act shall be paid to the informer, and the balance 
shall be paid to the game protection fund. 

§ 11. The ownership of and the title to all wild game and birds 
in the State of Illinois is hereby declared to be in the State, and no 
wild game or birds shall be taken or killed in any manner or at any 
time, except'the person so taking or killing shall consent that the 
title to said game shall be and remain in the State of Illinois for the 
purpose of regulating the use and disposition of the same after such 
taking or killing. The taking or killing of wild game or birds at 
any time or in any manner or by any person shall be deemed a 
consent of said person that the title to such game or birds shall be and 
remain in the State, for said purpose of regulating the use and dis- 
position of the same. 

§ 12. Any person who shall, within the State of Illinois, take or 
needlessly destroy the nest or the eggs of any wild game or birds, or 
shall have such nest or eggs in his or her possession, shall be subject 
for each offense to a fine of five dollars, or imprisonment for ten days 
or both, at the discretion of the court. 

§ 13. Section 3 and 12 of this act shall not apply to any person 
holding a certificate giving the right to take birds and their nests 
and eggs for scientific purposes, as provided for in section 14 of this 
act. 

§ 14. Certificates may be granted by the county clerks of the 
several counties of this State to any properly accredited person of 
the age of eighteen years and upward, permitting the holder thereof 
to collect birds, their nests or eggs for strictly scientific purposes 
only. In order to obtain such certificate the applicant for the same 



PISH AND GAME. 211 



must present to the county clerk to whom the application is made, 
written testimonials from two well-known scientific men, certifying 
to the good character and fitness of said applicant to be entrusted 
with such privilege; and must pay to said county clerk one dollar to 
defray the necessary expenses attending the granting of such certi- 
ficates, and must file with said county clerk a properly executed bond 
in the sum of two hundred dollars, signed by two responsible citizens 
of the State as sureties. This bond shall be forfeited to the State 
and the certificates become void upon proof that the holder of such 
a certificate has killed any bird or taken the nest or eggs of any bird 
for other than the purposes named in sections 3 and 13 of this act, 
and shall be further subject for each offense to the penalties provided 
therefor in sections three (3) and twelve (12) of this act. 

§ 15. The certificates authorized by this act shall be in force 
until the first day of June next succeeding only from the date of 
their issue, and shall not be transferable. 

§ 16. In order that the provisions of this act may be more fully 
carried out, the Governor of the State shall appoint one State Game 
Commissioner, whose term of office shall be for the period of incumb- 
ency of the Governor appointing him or until his successor is ap- 
pointed, whose duty it shall be to secure the enforcement of all the 
statutes of the State for the preservation of game and birds, to bring 
or cause to be brought, actions and proceedings in the name of the 
People of the State of Illinois, to recover any and all fines and pen- 
alties provided for in such laws relating to game and birds, and to 
prosecute all violators of said statutes. The State Game Commis- 
sioner is empowered to appoint by and with the approval of the Gov- 
ernor, ten game wardens, who shall have no other employment or 
business. They shall devote their entire time to the work of game 
protection, and shall travel over the State in all seasons for this pur- 
pose, under the direction of the State Game Commissioner. Such 
appointments shall be for efficient service only and regardless of 
political influence; the State Game Commissioner is also authorized 
to appoint one deputy game warden from each county of the State. 
They shall have authority with the State Game Commissioner in en- 
forcement of the game laws of the State, and relative to game and 
birds throughout the State, and shall be immediately responsible to 
the State Game Commissioner and shall report to and receive their 
instructions from him. Such game wardens and deputy game war- 
dens shall be subject to removal by the State Game Commissioner 
at any time. 

§ 17. Such State Game Commissioner, game wardens and their 
deputies shall have full power to execute and serve all warrants and 
processes of law issued by any justice of the peace or police magis- 
trate, or by any court having jurisdiction under the law relating to 
the game in the same manner as any constable may serve and exe- 
cute such process, and may arrest on sight and without warrant, any 
person detected by them actually violating any of the provisions of the 
laws of the State relating to game and birds, and may take such per- 



312 FISH AND GAME. 



son so offending before any court having jurisdiction of the offense, 
and make proper complaint before such court, which shall proceed 
with the case in the manner and form provided by law for misde- 
meanor. It shall further be the duty of such State Game Commis- 
sioner, game wardens or their deputies, upon receiving any informa- 
tion that any law relative to game and birds has been violated, to 
immediately cause a thorough examination of such complaint to be 
made, and to cause proceedings to be instituted if the proof at hand 
warrants; and all sheriffs, deputy sheriffs, coroners and police officers 
of the State are hereby declared to be exofficio deputy game wardens, 
and it shall be the duty of each and every one of them to assist the 
State Game Commissioner, game wardens and their deputies in the 
enforcement of the State game laws the same as it is their duty to as- 
sist in the enforcement of other laws, and such State Game Commis- 
sioner, game wardens and deputy game wardens shall seize on sight 
without process, any game found in the possession of any person or 
corporation which is so in possession contrary to law. 

§ 18. Such State Game Commissioner shall receive a salary of 
twenty- five hundred dollars per year, and his actual expenses and 
disbursements while traveling in the line of his duties, such ex- 
penses and disbursements to be audited and paid from the game 
protection fund, upon vouchers therefor, filed with the Sec- 
retary of State, and approved by the Governor. He shall also 
be allowed the necessary printing, stationery and postage, and shall 
be furnished a suitable room and necessary office furniture, and such 
assistance, such as clerk and stenographer, as the office requires, the 
same to be paid from the game protection fund. The game wardens 
provided for in this act shall receive nine hundred dollars per an- 
num, payable monthly, such salary to be audited and paid from the 
game protection fund, and upon the certificates of the State Game 
Commissioner that such services have actually been rendered under 
his direction. In addition to the salary per annum provided for, 
such game wardens shall receive the actual and necessary expenses 
incurred while working under the direction of the State Game Com- 
missioner, which expenses shall be paid upon vouchers therefor, filed 
with the Secretary of State, approved by the Governor, and counter- 
signed by the State Game Commissioner: Provided, that should the 
game protection fund become exhausted during any year, the State 
Game Commissioner shall have the power and authority to suspend 
any number or all game wardens or deputies until such fund is again 
replenished. All moneys used for the payment of vouchers, so men- 
tioned in this act, shall be taken from and charged to the game pro- 
tection fund. The deputy game wardens appointed from any county 
shall receive one-half of all fines wherein the case has been brought 
by them for violation of the game and license law, and shall receive 
a per diem when actually employed not exceeding two dollars per day, 
to be fixed by the State Game Commissioner; the remaining one- half 
of the fine shall be paid into the game protection fund. And in such 
cases where the violater [violator ] does not pay a fine, but is committed 
to jail, the said deputy warden shall be reimbursed for his actual ex- 



FISH AND GAME. 213 



penses on vouohers filed, and approved the same as that provided for 
game wardens, to be paid out of the game protection fund; but such 
expense shall not be paid in any case other than game cases, or cases 
relating to licenses. 

§ 19. If said State Game Commissioner, game wardens and 
deputies, or either of them, has reason to believe, or does believe, 
that any person or corporation has in his or their possession, contrary 
to law, any game, deer, wild fowl or bird, it shall be the duty of such 
game commissioner, game wardens or deputies to go before any jus- 
tice of the peace in the county and make affidavit of that fact; said 
justice shall thereupon issue a search warrant against the person or 
corporation so complained of, directed to any constable of the county, 
commanding him to proceed at once and search for said game, deer, 
wild fowl or bird, and upon finding the same to seize and take posses- 
sion of the same and keep it until further ordered by the justice: 
said constable shall also read said warrant to the owner or person in 
whose possession said game, deer, wild fowl or bird is found. Said 
warrant shall be substantially as follows: 
State of Illinois, ) 

County, j" 88. 

To any constable of said county; greeting: 

You are hereby commanded to search (here describe place), seize 
and take possession of and hold any game, wild fowl or bird found 
there. And you (here name owner or person or corporation in whose 
possession game is found) are hereby notified to appear before me at 
my office in (here locate office), on (here state time of trial), and 
show cause why the game, deer, wild fowl or birds should not be sold 
and the proceeds thereof distributed, as required by law. 

(Signature of Justice.) 

Justice of the Peace. 
(Date of warrant.) 

§ 20. At the time mentioned in said warrant said justice shall 
proceed to hear and determine whether said game, deer, wild fowl or 
bird was in the possession of the person or corporation contrary to 
law, and if said justice finds that said game, deer, wild fowl or bird 
was in the possession of the defendant contrary to law, then said jus- 
tice shall enter judgment against the defendant and order a sale of 
the game, deer, wild fowl or bird seized; but if said justice shall find 
that the possession of said game, deer, wild fowl or bird was not con- 
trary to law, then the judgment of the court shall be that the same be 
returned to the person or corporation from whom the same was 
taken. 

§ 21. In case of a judgment and order of sale, as specified in sec- 
tion 20, then said constable shall at once post two notices, one at the 
justice's office and one at the place of sale, specifying in each notice 
the time and place of sale — not less than five hours from the date of 
judgment — also a description of the game, deer or wild fowl to be 
sold; said place of sale shall be upon the principal produce street or 



214 FISH AND GAME. 



market of the city; said constable shall, at the time and place men- 
tioned in said notices, sell said game, deer, wild fowl or bird at public 
auction to the highest bidder, for cash, and at once pay the proceeds 
of such sale into the justice's court; said constable shall give to the 
purchaser a certificate of purchase, in which shall be a particular 
description of the game sold, together with the date of sale. 

§ 22. Said justice shall, as soon as the proceeds of sale are paid 
into his court, deduct the amount of his costs, together with the con- 
stable's costs, and distribute the balance as follows: One-half shall 
be paid to the game warden or deputy making the complaint, which 
shall be kept by him for his services, and one-half paid into the State 
treasury at once, for the benefit of the game protection fund. 

§ 23. Said State Game Commissioner shall make an annual re- 
port to the Governor, which shall include the reports of the game 
wardens and deputy wardens , showing the number and kind of game, 
deer, wild fowl and birds seized, and what disposition was made of 
them, and the amount of proceeds of sale. 

§ 24. The State Game Commissioner, game wardens and deputy 
game wardens shall not be liable for any damage or costs sustained 
by any person or corporation by reason of the wrongful seizure of 
game, deer, wild fowl or birds under this act. 

§ 25. For the purpose of increasing the game protection fund 
and preventing unauthorized persons from killing game and birds, 
no person or persons shall at any time hunt, pursue or kill with gun 
any of the wild animals, fowl or birds that are protected during any 
part of the year, without first having procured a license so to do, and 
then only during the respective periods of the year, when it shall be 
lawful. Said license shall be procured in the following manner, 
to- wit: The applicant shall fill out a blank application to be fur- 
nished by the State Game Commissioner through the clerk of each 
county, city and town, stating name, age, occupation and place of 
residence of applicant; said application shall be subscribed and sworn 
to by the applicant before any officer authorized to administer oaths 
in the State of Illinois; and said applicant, if a non-resident, shall 
pay to the county clerk the sum of fifteen (15) dollars, together with 
the sum of fifty cents as the fee of the county clerk, and, if a resi- 
dent, shall pay to the clerk of any city, town or county the sum of 
one (1) dollar as a license fee, together with the sum of ten cents as 
the fee of the city, town or county clerk for issuing such license, which 
said license shall bear the signature of the State Game Commissioner 
and the seal of the county, city or town in which same is issued, and 
be countersigned by the said clerk, and such licensee, if a non-resi- 
dent, is hereby authorized to take from the State fifty (50) birds of 
all kinds killed by himself or herself, which shall be carried openly 
for inspection, together with his or her license. The number of game 
birds that may be killed in any one day by one person, is hereby lim- 
ited to fifty (50) ducks of all kinds and twenty-five (25) game birds of 
any other one kind, except prairie chicken. The license fees above 
provided for shall be paid by the said clerk to the State Treasurer 



FISH AND GAME. 215 



within thirty days after its receipt, and shall be placed to the credit 
of a fund to be known as the "State game protection fund," and shall 
be disbursed by the State Treasurer on warrants signed by the Gov- 
ornor of the State and countersigned by the State Game Commis- 
sioner, when such warrants are aocompanied by vouchers signed by 
the Auditor of Public Accounts, showing the liabilities of the State 
incurred in the protection of game, wild fowls and birds. Every 
license issued shall be signed by the licensee in ink, as aforesaid, shall 
entitle the person to whom issued to hunt, pursue and kill game 
within the State at any time when it shall be lawful to hunt, pursue 
and kill such game, and no person to whom a license has been issued 
shall be entitled to hunt, pursue or kill game in this State without 
at the time of such hunting, pursuing and killing of game, he or she 
shall have such license in his or her name and possession, ready to 
exhibit the same for inspection, and such license shall be void after 
the first day of June next succeeding its issuance: Provided, that 
the owner or owners of farm land, their children or tenants shall 
have the right to hunt and kill game on the farm land of which he 
or they are the bona fide owners or tenants during the season when 
it is lawful to kill game, without procuring such resident license. 
Any person found guilty of violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof, shall be fined in any sum not less than twenty-five (25) 
nor more than fifty (50) dollars for each and every offense, and shall 
stand committed to the county jail until such fine and costs are paid, 
but such imprisonment shall not exceed thirty days for each offense; 
or such person may be proceeded against in an action of debt in the 
name of the People of the State of Illinois for the recovery of the 
penalty herein prescribed. 

§ 26. Any person who shall at any time alter or change in any 
material manner or loan or transfer to another, any license issued as 
aforesaid, shall be deemed guilty of forgery, and, on conviction 
thereof shall be subject to the penalties provided for the commission 
of forgery. 

§ 27. All prosecutions for the violation of the provisions of the 
act relating to license shall be brought by any person, in the name 
of the People of the State of Illinois against any person or persons 
violating any of the provisions of this act, so far as it relates to li- 
censes, before any court of competent jurisdiction; and it is hereby 
made the duty of all State's attorneys to see that the provisions of this 
act are enforced in their respective counties, and shall prosecute all of- 
enders on receiving information of the violation of any of the provisions 
of this act; and it is made the duty of all sheriffs, deputy sheriffs, con- 
stables and police officers to inform against and prosecute all persons 
whom there is a reasonable cause to believe are guilty of violating 
any of the provisions of this act; one-half of the amount recovered in 
any penal action under this act, in so far as it relates to license, shall 
be paid to the person filing the complaint in such action, and the re- 
maining one-half to the game protection fund; the moneys for such 



216 FISH AND GAME. 



fund shall be by the magistrate or court before whom the case is 
tried, at once transmitted to the State Treasurer, and by him placed 
to the credit of said fund. 

§ 28. It shall be unlawful for any person to hunt with gun or 
dog, within or upon the grounds or lands of another, without first ob- 
taining from the owner, agent or occupant of such lands or grounds, 
his, her or their permission so to do. 

§ 29. Any person or persons violating section 28 of this act shall 
be deemed guilty of a misdemeanor, and may be prosecuted in the 
name of the People of the State of Illinois, before any justice of the 
peace, or by indictment, or information in any court in the county 
where such misdemeanor was committed: Provided that in all such 
prosecutions the owner, or owners or persons in possession of said 
grounds or lands, shall not be required to prove title to the grounds 
or lands in controversy. 

§ 30. Any person convicted of violating section 28 of this act 
shall be fined in a sum of not less than three (3) dollars and not to 
exceed fifteen (15) dollars, and on failure to pay such fine shall be 
committed to the county jail for a period of not less than ten (10) 
nor more than thirty (30) days. All fines collected by virtue of this 
act shall be paid to the common school fund of the township in 
which the offense is committed. 

§ 31. No person shall, in this State, at any time use any ferret 
for the purpose of hunting, capturing or killing any game, animals 
or rabbits. Any person convicted of violating this section shall be 
fined in a sum of not less than three (3) nor more than fif- 
teen (15) dollars or confined in the county jail for a period not to 
exceed ten (10) days. 

§ 32. An act entitled, "An act to provide additional remedies for 
the protection of game, wild fowl and birds, and to amend, revise 
and consolidate the amended game law, approved June 1, 1889, and 
in force July 1, 1889; and the game warden act, approved June 27, 
1885, in force July 1, 1885; and the act to prohibit persons from 
hunting within the enclosures of others without leave, as amended by 
act approved June 17, 1891, in force July 1, 1891," approved April 
24, 1899; and an act entitlecl, "An act to amend section one (1) and 
section twenty-six (26) of an act entitled, 'An act to provide addi- 
tional remedies for the protection of game, wild fowl and birds; and 
to amend, revise and consolidate the amended game law, approved 
June 1, 1889, and in force July 1, 1889; and the game warden act, 
approved June 27, 1885, in force July 1, 1885; and the act to pro- 
hibit persons from hunting within the enclosures of others without 
leave, as amended by act approved June 17, 1891, in force July 1, 
1891,' as amended by act approved April 24, 1899, in force July 1, 
1899," approved May 10, 1901; and all acts and parts of acts incon- 
sistent herewith, are hereby repealed: Provided, that nothing in 
this act contained shall apply to persons hunting on the land of 
another person by invitation of such land owner. 

Approved April 28, 1903. 



GAENISHMEMT — INJURIES. 217 



GARNISHMENT. 



GARNISHMENT OF WAGES EARNED OUTSIDE OF STATE. 

1 1. Attachment or garnishment of wages Approved May 13, 1903. 
earned outside of State— service of 
process— dismissal of suit. 

An Act in relation to wages earned out of this State. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That wages earned out of 
this State, and payable out of this State, shall be exempt from at- 
tachment or garnishment in all cases where the cause of action arose 
out of this State, unless the defendant in the attachment or garnish- 
ment suit is personally served with process; and, if the writ of at- 
tachment or garnishment is not personally served on the defendant, 
the court, justice of the peace or police magistrate issuing the writ 
of attachment or garnishment, shall not entertain jurisdiction of the 
cause, but shall dismiss the suit at the cost of the plaintiff. 

Approved May 13, 1903. 



INJURIES. 



DEATHS CAUSED BY NEGLECT OR DEFAULT. 

I 1. Amends section 2. act of 1853. Approved May 13. 1903. 

\ 2. Action, hew brought— damages 
not to exceed 110,000— time of 
beginning action— deaths out- 
side of State. 

An Act to amend section 2 of an act entitled, ''An act requiring 
compensation for causing death by wrongful act, neglect or de- 
fault,'''' approved February 12, 1853, in force February 12, 1853. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section two (2) of an 
act entitled, "An act requiring compensation for causing death by 
wrongful act, neglect or default," be amended to read as follows: 

§ 2. Every such action shall be brought by, and in the names of 
the personal representatives of such deceased person, and the 
amount recovered in every such action shall be for the exclusive 
benefit of the widow and next of kin of such deceased person, and shall 
be distributed to such widow and next of kin, in the proportion pro- 
vided by law. In relation to the distribution of personal property 
left by persons dying intestate, and in every such action, the jury 
may give such damages as they shall deem a fair and just compensa- 



218 INJURIES — INSURANCE. 



tion with reference to the pecuniary injuries resulting from such 
death, to the wife and next of kin of such deceased person not ex- 
ceeding the sum of ten thousand dollars: Provided, that every such 
action shallbe commenced within one year after the death of such per- 
son: Provided further , that no action shall be brought or prosecuted 
in this State, to recover damages for a death occurring outside of this 
State, and that the increase from five thousand to ten thousand 
dollars in the amount hereby authorized to be recovered, shall apply 
only, in cases when death hereafter occurs. 

Approved May 13, 1903. 



INSURANCE. 



FRATERNAL BENEFICIARY SOCIETIES-RESERVE FUND. 



§ 1. Investment of funds— approval of se- 
curities. 

§ 2. Unlawful investment of funds. 

1 3. Securities may be deposited with in- 

surance superintendent. 

2 4. Registration and indorsement of se- 

curities—how withdrawn. 



2 5. Vault and registration fee, 

2 6. Superintendent of insurance may make 
rules for administration of act. 

2 7. Violations of act— penalty. 

Approved May 14, 1903. 



An Act to regulate and control the investment and safekeeping of 
the reserve funds of fraternal beneficiary societies, and to enable 
such societies to deposit their reserve fund securities in the 
custody of the State of Illinois, and provide for the registry 
thereof, and provide compensation therefor, and providing a 
penalty for the violation thereof. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be lawful for 
any fraternal beneficiary society organized or doing business in this 
State, to invest its funds or accumulations in the stocks or bonds of 
the United States or of this State, or of any county, city or town in 
this State, or any national bank, or mortgages (being first liens) 
on real estate, being worth at least twice the amount of the money 
loaned thereon, and such other securities only as are approved by the 
insurance superintendent of this State. 

§ 2. It shall be unlawful for any fraternal beneficiary society to 
invest its funds or accumulations in any other securities, except as in 
this act provided, and no securities not in accordance with the pro- 
visions of this act, shall be deposited or registered under the pro- 
visions thereof. 



INSURANCE. 219 



§ 3. Any fraternal beneficiary society organized in this State, 
may deposit in the custody of the State of Illinois, with the superin- 
tendent of insurance, in sums of not less than fifty thousand dollars 
($50,000) at any time, all or any portion of the securities belonging 
to its [to its] reserve fund; and such securities, when so deposited, 
shall be safely kept and preserved for the use of such society under 
the provisions of this act. 

§ 4. The insurance superintendent shall receive all such securi- 
ties, and shall register them in the name of the society to which they 
belong, in a register kept for that purpose, and shall indorse on each 
of said securities the following, to- wit: 

This is the property of and deposited 

by the said society with the insurance superintendent of the State of 
Illinois, and held by him in trust for the benefit and security of the 
members of the said society, pursuant to the laws of the State of 
Illinois. It is not negotiable or transferable until withdrawn from 
the said trust, at which time it shall be indorsed by the insurance 
superintendent, and by the president and secretary of the society be- 
fore the same shall become negotiable. Such registry and indorse- 
ment shall be public notice of the ownership of such securities, and 
the purpose for which deposited. The insurance superintendent 
shall hold such securities for the use and protection of the reserve 
fund of the society depositing the same, and shall permit such 
society, so long as it is solvent, to collect the interest or dividends 
thereon, and the principal thereof when due, for the use of its 
mortuary and reserve funds, and shall permit such society, whenever 
the receipt of its mortuary fund [funds] are insufficient to meet the 
death and disability liabilities accruing during any period of sixty 
days, to withdraw a sufficient sum in value of such securities to meet 
such deficiency, and shall permit any such society at any time to with- 
draw the whole or any part of such securities upon depositing with 
the insurance superintendent other securities of the kind heretofore 
named, and of equal value with those withdrawn. And upon the 
surrender of the charter, or the dissolution of any such society, all 
of its securities so deposited shall be withdrawn subject to the pay- 
ment of its outstanding mortuary and disability liabilities. The 
securities so deposited shall be non-negotiable until withdrawn and 
indorsed as provided in this act, and when withdrawn, such with- 
drawal shall be indorsed thereon, signed by the insurance superin- 
tendent and the president and secretary of the society to which such 
securities belong. The securities so deposited shall not be with- 
drawn at any time, except upon written order of the executive com- 
mittee or a board of not less than five persons duly authorized for 
that purpose of the society to which such securities belong, 
which order shall certify to the insurance superintendent the pur- 
pose of withdrawal of the securities, and the amount to be with- 
drawn, and shall be signed by a majority of such executive com- 
mittee or board, and attested by the president and secretary of 
eht society. 



220 INSURANCE. 



§ 5. Each society depositing securities as provided in this act 
shall pay a vault and registration fee of twenty-five cents per 
annum for each one thousand dollars deposited, which shall be in 
full for all services rendered. 

§ 6. The superintendent of insurance is authorized and em- 
powered to make and enforce such rules as are necessary for the 
deposit and safe keeping of the securities deposited with him, and 
for carrying out the provisions of this act. 

§ 7. Any person or officer who shall violate any of the pro- 
visions of this act shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined in a sum not less than $500, and not to 
exceed $5,000. 

Approved May 14, 1903. 

JOINT STOCK AND MUTUAL FIRE COMPANIES. 

1 1. Amends section 6, act of 1869. Approved May 14, 1903. 

§ 6. Minimum capital for joint stock 
companies — mutual com- 
panies—requirements for com- 
mencing business— premium 
notes— liability of members. 

An Act to amend section (6) of an act entitled il An act to incorpo- 
rate and to govern fire, marine and inland navigation insurance 
companies doing business in the State of Illinois," approved and 
in force March 11, 1869; and acts amendatory thereto. 

{^Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section six (6) of an 
act entitled "An act to incorporate and to govern fire, marine and 
inland navigation insurance companies doing business in the State 
of Illinois," approved and in force March 11, 1869, and acts amenda- 
tory thereto, be amended so as to read as follows: 

[§ 6.] No joint stock company shall be incorporated under this act 
with a smaller capital than one hundred thousand dollars ($100,000) 
actually paid in cash. 

Nor shall any company, formed under this act for the purpose of 
doing the business of fire or inland navigation insurance on the plan 
of mutual insurance, commence business until not less than two hun- 
dred thousand dollars ($200,000) of insurance in not less than one 
hundred separate risks, no one of which for the purposes of organiza- 
tion shall exceed five thousand dollars ($5,000) or be less than five 
hundred dollars ($500) shall have been subscribed, of which ten 
thousand dollars ($10,000) shall have been paid in cash, each sub- 
scriber agreeing in writing to assume a liability to be named in the 
policy, subject to call by the board of directors. Every mutual fire 
insurance company organized under this act shall charge and colleot 
in advance on each of its policies, a sum in cash, not less than ten 
per cent of a premium note to be mentioned in the policy, which 



INSURANCE. 221 



note shall be subject to call by the board of directors, and shall be 
for not less than the amount of the premium for the full term of the 
policy according to the basis rate adopted by such company on the 
property covered by the policy, and the sum so collected in cash in 
advance shall stand as a credit on the amount of such note. No 
member shall be liable on any such note after the expiration of the 
term for which the policy shall be written, except for liability in- 
curred during said term. And it shall not be lawful for any such 
company to issue any other kind of a policy: Provided, however, 
that nothing in this section shall be held to prohibit any such com- 
pany from issuing a policy for one year or less, for a full cash pre- 
mium according to the basis rate aforesaid. 

Approved May 14, 1903. 



POLICIES IN UNAUTHORIZED CORPORATIONS. 

I L License to agents to write policies in I Approved May 14, 1903. 
companies not authorized to do busi- 
ness in Illinois— license fee— agents 
accounts, how kept— bond— payment 
to insurance superintendent. 

An Act for licenses to agents to procure fire policies in unauthor- 
ized corporations, providing for a bond to be given by such agents , 
and for a tax upon the receipts of premiums received for policies 
so issued within the State. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Superin- 
tendent of Insurance, in consideration of the yearly payment of 
two hundred dollars, except in counties having less than one hun- 
dred thousand inhabitants, in which case the fee shall not exceed 
twenty-five dollars, may issue to citizens of this State a license, re- 
vokable at any time, permitting the party named in such license to 
act as agent to procure policies of fire insurance from corporations, 
persons, partnerships and associations which are not authorized to 
do business in this State. Before any insurance shall be procured 
under or by virtue of said license, there shall be executed by the 
licensed agent an affidavit, which shall be filed in the insurance de- 
partment of this State within thirty days after the procuring of such 
insurance. Such affidavit shall set forth that the licensed agent is, 
after diligent effort, unable to procure the amount of insurance re- 
quired to protect the property described in said affidavit, from the 
insurance corporations duly authorized and licensed to transact in 
this State. The agent procuring policies in such unauthorized 
corporations or with persons, partnerships and associations, shall 
keep a separate account thereof, open at all times to the inspection 
of the insurance superintendent, showing first, the amount of such 
insurance placed for any party; second, the gross premiums charged 



222 INSURANCE. 



thereon; third, in what corporation or with what persons, part- 
nerships or associations the insurance is placed; fourth, the date of 
the policy; fifth, the term thereof, and sixth, the cities, towns and 
villages in which the insured property is located. Each party re- 
ceiving such license shall, before transacting business thereunder, 
execute and deliver to the superintendent a bond to the People of 
the State, in the penal sum of two thousand dollars, with such 
sureties as the superintendent shall approve, conditioned that the 
said agent will faithfully comply with all the requirements of this 
act, and will pay to the insurance superintendent of the State of 
Illinois, for the use and benefit of said State, a sum equal to two (2) 
per cent upon the amount of the gross premiums received from 
policy holders upon all policies procured by him or issued by him 
during the preceding six months pursuant to this act, and in default 
of the payment to said insurance superintendent of any sum to 
which he is entitled under this act, he, the said insurance superin- 
tendent, may sue for the same in any court of record in this State. 

Approved May 14, 1903. 



TOWNSHIP INSURANCE COMPANIES. 

Approved May 14, 1903. 



I 1. Amends section 3, act of 1893. 

2 3. Directors— number — first elec- 
tion—term of office— subse- 
quent elections— voting by 
proxy may be abolished. 

An Act to amend section three (3) of an act entitled "An act to re- 
vise the law in relation to township insurance companies,"" ap- 
proved March 24, 1874, in force July 1, 1874, as amended by act 
approved June 19, 1893, in force July 1, 1893. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section three (3) of an 
act entitled "An act to revise the law in relation to township insur- 
ance companies," approved March 24, 1874, in force July 1, 1874, as 
amended by act approved June 19, 1893, in force July 1, 1893, be 
amended to read as follows: 

§ 3. The number of directors shall not be less than nine nor more 
than fifteen, a majority of whom shall constitute a quorum to do 
business, to be elected from the corporators by ballot, of whom one- 
third shall be elected for one year, one-third for two years, and one- 
third for three years, until their successors are elected and qualified. 
At all subsequent elections, except to fill vacancies, one- third of 
said board of directors shall be elected for three years, said election 
to be held at the annual meeting of the company, which shall be on 
the second Tuesday in January in each year: Provided, that any 
company now incorporated and doing business under this act may, 
at any time, change their mode of electing their board of directors, 
at an annual meeting, so as to be in conformity with this act. In 



INSURANCE — JUSTICES AND CONSTABLES. 223 



the election of the first board of directors each corporator shall be 
entitled to one vote. At every subsequent election, every person in- 
sured shall be entitled to as many votes as there are directors to be 
elected, and an equal additional number for each five hundred dol- 
lars ($500) that he may be insured in the company, and may cast the 
same in person or by proxy, distributing them among the same or 
less number of directors to be elected, or accumulating them upon 
one candidate, as he may think fit: Provided, that any twelve mem- 
bers of any company now incorporated and doing business under this 
act, may, at any time, petition the secretary of the company to sub- 
mit the question to the members thereof for or against abolishing 
proxy voting. Upon the receipt of such petition the secretary of the 
company shall give notice in writing to every member thereof, at least 
ten days before the election, that at the next annual meeting of the 
company the question will be submitted to them to vote for or 
against abolishing proxy voting, which vote shall be by ballot. If 
the majority of votes cast at such an election are in favor of abolish- 
ing proxy voting, then at all subsequent election [elections] all votes 
shall be cast in person. 
Approved May 14, 1903. 



JUSTICES AND CONSTABLES. 



JUSTICES MAY EXCHANGE DUTIES IN CERTAIN EMERGENCIES. 

I 1. Amends section 21, article 5. act of 1895. Approved May 13. 1903. 

I 21. Justice may hear cause at time 
and place fixed for trial by 
another justice — effect of 
judgment rendered. 

An Act to amend section twenty-one (21), article five (5) of an act 
entitled, "An act to revise the law in relation to justices of the 
peace and constables,"" approved June 26, 1895 ,in force July 1 , 1895. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section twenty-one (21), 
article five (5) of an act entitled, "An act to revise the law in re- 
lation to justices of the peace and constables," approved June 26, 
1895, in force July 1. 1895, be, and the same is hereby, amended so as 
to read as follows: 

§ 21. When a justice of the peace, before whom an action is 
pending, is unable on account of sickness or other cause, to attend 
at the time and place fixed for the trial, any other justice of the peace 
in the town or precinct may, at his request, made in writing, attend 
at the time and place fixed for the trial, and hear the cause, or make 
any necessary orders instead, and in behalf of the justice calling him; 
and the judgment so entered shall have the same force and effect as 
if rendered by the justice before whom the action is pending. 

Approved May 13, 1903. 



224 JUSTICES AND CONSTABLES. 



JUSTICES OF CHICAGO. 



I 3. Emergency. 
Approved April 28, 1903. 



2 1. Enacting: clause. 

2 2. Manner of selecting and appointing 
justices of the peace for the city of 
Chicago. 

An Act to amend section two (2) of article one (1) of an act en- 
titled, "An act to revise the law in relation to justices of the peace 
and constables," approved June 26, 1895, in force July 1, 1895; 
as amended by an act approved and in force March 14, 1899. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That seotion two (2) of ar- 
ticle one (1) of an act entitled, "An act in relation to justices of the 
peace and constables," approved June 26, 1895, in force July 1, 1895; 
as amended by an act approved and in force March 14, 1899, be, and 
the same is hereby amended to read as follows: 

Aeticle I. 

JUSTICES OP CHICAGO. 

§ 2. It shall be the duty of the judges of the circuit, superior, 
probate and county courts of Cook county, a majority of the judges 
concurring therein, on or before the first day of June, in the year of 
our Lord 1895, and every four years thereafter, to recommend to the 
Governor ten fit and competent persons to fill the office of jnstice of the 
peacein the town of West Chicago; also ten fit and competent persons 
to fill the office of justice of the peace in the town of South Chicago; 
also five fit and competent persons to fill the office of justice of the 
peace in the town of North Chicago; also five fit and competent per- 
sons to fill the office of justice of the peace in the town of Lake 
View; also five fit and competent persons to fill the office of justice 
of the peace in the town of Jefferson; also five fit and competent 
persons to fill the office of justice of the peace in the town of Lake; 
also seven fit and competent persons to fill the office of justioe of the 
peace in the town of Hyde Park; also three fit and competent per- 
sons to fill the office of justice of the peace in that part of the town 
of Calumet that is annexed to the city of Chicago; also one fit and 
competent person to fill the office of justice of the peace in that part 
of the town of Evanston annexed to the city of Chicago; also one fit 
and competent person to fill the office of justice of the peace for that 
part of Norwood Park which lies within the city of Chicago and the 
county of Cook, all in the city of Chicago and county of Cook, and 
the persons thus recommended, the Governor shall nominate; and 
by and with the advice and consent of the Senate (a majority of the 
Senators elected concurring by yeas and nays) , appoint justices of 
the peace in and for each of said towns respectively, and in case the 
Governor rejects any person recommended, or the Senate refuses to 
confirm any person nominated, the Governor shall give notice of 
such rejection or refusal to the said judges, who shall, within ten 



JUSTICES AND CONSTABLES— LAWS. 225 

days after the receiving of such notice, recommend some other fit 
and competent person for such appointment. Such persons so 
recommended shall be electors in the town in and for which they are 
to be appointed such justices of the peace. 

§ 3. Whereas, An emergency exists, this act shall be in force 
from and after its passage. 

Approved April 28, 1903. 



LAWS. 



REPRINT OP SESSION LAWS. 
Preamble. 



Number of session laws required to be kept 
on file by Secretary of State— neces- 
sity for reprinting certain copies. 



I 1. Discretionary power given Secretary 
of State as to reprinting session laws 
—payment of expenses. 

Approved May 14, 1903. 



An Act entitled "An act to authorise and provide for the reprint 
of session laws by the Secretary of State." 

Whereas, Under the laws of this State, the Secretary of State is 
required to keep on file not fewer than ten copies of each publication 
of the session laws of the several sessions of the General Assembly 
of this State; and, 

Whereas, There is not now in existence ten copies for each ses- 
sion of the General Assembly of this State, and it is impossible 
therefore to comply with the law in this regard, and a public neces- 
sity exists for a reprint of sufficient copies of the session laws of the 
several sessions of the General Assembly to supply the Secretary of 
State, and the several state departments and public libraries with 
full sets of session laws of the General Assembly of this State; there- 
fore, 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Secretary of State 
shall proceed at once to cause to be reprinted as many copies of the 
session laws' of each session of the General Assembly as, in his dis- 
cretion, shall be deemed necessary to supply the public demand for 
such session laws, and supply to each of the several departments and 
offices in this State entitled to receive from the State copies of the 
session laws of the several sessions of the General Assembly of this 
State, and the expense thereof shall be paid out of the general ap- 
propriation for printing and binding. 

Approved May 14, 1903. 
—15 



226 LIBRARIES. 



LIBRARIES. 



LIBRARY BOARDS IN TOWNS AND VILLAGES. 

§ 1. Amends section 11, act of 1872. Approved May 13, 1903. 

\ 11. Election of board— powers and 
duties— qualification of mem- 
bers. 

An Act to amend section 11 of an act entitled, ''An act to authorize 
cities, incorporated towns and townships to establish and maintain 
free public libraries and reading rooms," approved and in force 
March 7, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 11 of an act 
entitled, "An act to authorize cities, incorporated towns and town- 
ships to establish and maintain free public libraries and reading 
rooms," approved and in force March 7, 1872, be amended so as to 
read as follows: 

§ 11. At the next regular election after any town, village or town- 
ship shall have voted to establish a free public library, there shall be 
elected a library board of six directors, one-third for one year, one- 
third for two years, one-third for three years, and annually thereafter 
there shall be elected two directors, who shall hold their office for three 
years and until their successors are elected and qualified, which board 
shall have the same powers as are by this act conferred upon the board 
of directors of free public libraries in cities : Provided, that any person 
in said respective villages or townships authorized by law to vote at 
school elections, may be voted for, and shall be eligible to hold the 
said office of director. 

Approved May 13, 1903. 

PURCHASE OF SITES AND ERECTION OP BUILDINGS. 



\ 2. Emergency. 
Approved May 13, 1903. 



I 1. Amends section 13, act of 1872. 

I 13. Purchase of sites— erection of 
buildings— plans— cost paid by 
annual installments— bonds- 
approval of council— limit of 
tax. 

An Act to amend section thirteen (13) of an act entitled "An act to 
authorize cities, incorporated towns and townships to establish 
and maintain free public libraries and reading rooms," approved 
and in force March 7, 1872, and amended by an act approved 
June 19, 1891, in force July 1, 1891, and as amended by an act 
approved and in force March 30, 1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section thirteen (13) of 



LIBRARIES. 227 



an aot entitled "An act to authorize cities, incorporated towns and 
townships to establish and maintain free public libraries and reading 
rooms," be amended so as to read as follows: 

§ 13. Whenever any board of directors of any public library or- 
ganized under the provisions of the act of which this is an amend- 
ment, shall determine to erect a building to be used for their library, 
or to purohase a site for the same, or both, or to accumulate a fund 
for the erection of suoh building, or to pay for a library site, or both, 
they may do so as follows: 

The directors shall cause a plan for such building to be prepared, 
and an estimate to be made of the cost, and, if site is to be provided 
for the same, they shall also cause an estimate to be made of the 
cost of such site; they may then determine the time or years over 
which they will spread the collection of the cost of such building, or 
site, or both, not exceeding twenty [(20) years, and shall make a 
record of their said proceedings, and transmit a copy thereof to the 
city council for its approval. If the city council shall approve the 
action of the board it may, in its own discretion, by ordinance pro- 
vide that bonds of the city be issued for the payment of the cost (so 
estimated as aforesaid) of the said building or site, or both, in which 
event the said ordinance shall also state the time or times when such 
bonds, and the interest thereon, shall become payable : Provided, that 
the whole of the principal of such bonds, and the interest thereon shall 
be payable within twenty (20) years: Provided, further, that the 
interest on such bonds shall not exceed the rate of five (5) per cent 
per annum; but the said interest may be made payable at such times 
(annually or semi-annually) as the said ordinance shall prescribe: 
Provided, always, that in case the city'council shall provide for such 
payment by the issuance of bonds, it shall make provision at or be- 
fore the issuance thereof, by ordinance, which shall be irrepealable, 
for the levy and collection of a direct annual tax upon all the taxable 
property within such city, sufficient to meet the principal and interest 
of said bonds as the same mature, which tax shall be in addition to 
that otherwise authorized to be levied and collected for corporate 
purposes. If however, the said council shall not provide that bonds 
of the city be issued as and for the purposes aforesaid, but shall 
otherwise approve the action of the said board, then the board shall 
divide the total cost of said building, or site, or both, into as many 
parts as they shall determine to spread the collection thereof, and 
shall certify the amount of one of said parts to the city council, each 
and every year during the time or terms over which they shall have 
determined to spread the collection of the cost of such building, or 
site or both. The city council, on receiving the said last mentioned 
certificate shall, in its next annual appropriation bill, include the 
amount so certified and shall, for the amount so certified, levy and 
collect a tax to pay the same, with the other general taxes of the city: 
Provided, the said levy shall not exceed (5) mills on the dollar in 
any one year, and shall not be levied oftener than for the number of 



228 LIBRARIES. 



years into which the library board in those cases where bonds are 
not issued, as aforesaid, shall have divided the cost of said building, 
or site, or both; and when collected as last aforesaid the tax shall 
cease. 

§ 2. Whereas, An emergency exists, therefore, this act shall 
take effect and be in force from and after its passage. 

Approved May 13, 1903. 



STATE HISTORICAL LIBRARY. 

g 1. Amends section i, act of 1889. 

I 1. Powers and duties of trustees- 
librarian's salary. 



§ 5. [2] Emergency. 
Approved May 15, 1903. 



An Act to amend section four (4) of an act entitled "An act to es- 
tablish the Illinois Historical Library, and to provide for its care 
and maintenance, and to make appropriations therefor," approved 
May 25, 1889, in force July 1, 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section four (4) of an 
act entitled "An act to establish the Illinois State Historical Library, 
and to provide for its care and maintenance, and to make appropria- 
tions therefor," be, and the same is hereby, amended as follows: 

§ 4. The said trustees shall have power, and they are hereby re- 
quired to make all necessary rules, regulations and by-laws not in- 
consistent with law, to carry into effect the purposes of this act, and 
to procure from time to time, as may be possible and practicable, at 
reasonable cost, all books, pamphlets, manuscripts, monographs, 
writings and other materials of historical interest and useful to the 
historian, bearing upon the political, physical, religious or social 
history of the State of Illinois from the earliest known period of 
time. They shall also have the power to select some person having 
the requisite qualifications as librarian, whose salary shall be twelve 
hundred dollars per annum. 

§ 5 [2]. Whereas, An emergency exists, this act shall be in force 
and take effect from and after its passage. 

Approved May 15, 1903. 



LIBRARIES. 229 



STATE HISTORICAL LIBRARY AND HISTORICAL SOCIETY UNITED. 

I 1. Amends act of 1689 by adding section Approved May 16, 1903. 
6, thereto. 

\ 6. State Historical Society made a 
department of State Histor- 
ical Library. 

An Act to add a new section to an act entitled, "An act to establish 
the Illinois State Historical Library and to provide for its care 
and maintenance, and to make appropriations therefor,''' ap- 
proved May 25, 1889, and in force July 1, 1889. 

Whereas, Said act among other things, contemplated that "there 
be collected and preserved in some permanent form, before it is too 
late to rescue from oblivion the memory of its earlier history and 
those who founded it, as well as of those who have been connected 
with its rise and progress in later days;" and, 

Whereas, This latter feature of the preservation of the history of 
the State of Illinois can best be secured through an Illinois State 
Historical Society, with auxiliary branches organized in the various 
counties of the State; and, 

Whereas, There is already such an Illinois State Historical 
Society duly organized under the laws of the State of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be added to the 
act of May 25, 1889, entitled, "An act to establish the Illinois His- 
torical Library and to provide for its care and maintenance, and to 
make appropriations therefor," approved May 25, 1889, and in force 
July 1, 1889, an additional section to be numbered section 6, and 
which shall read as follows: 

§ 6. That the Illinois State Historical Society be, and the same 
is hereby declared a department of the Illinois State Historical Li- 
brary, and the board of trustees of the said Illinois State Historical 
Library is hereby authorized to pay for the necessary stationery, 
postage, and other like incidental expenses of the said Illinois State 
Historical Society, out of any fund the Legislature may appropriate 
to the said Illinois State Historical Library for such purposes; and 
also to pay the expenses of interviewing old settlers of the State of 
Illinois, examining county, church, school and the like records, at 
the discretion of the board of trustees of said Illinois State Histor- 
ical Library, and the auditing of the accounts of which shall be 
subject to the approval of the Governor of the State of Illinois: 
And, provided further, that all such material shall be the property 
of the said Illinois State Historical Library, and shall be deposited 
among its archives for reference and safe keeping. 

Approved May 16, 1903: 



230 



LIENS. 



LIENS. 



MECHANICS' LIENS-REMEDIAL ACT. 



I 1. "Contractor" defined— lien upon real 
estateif or material or labor furnished. 

I 2. Liens for labor or material furnished 
by mistake. 

1 3. Husband and wife, 

i 4. Breach of contract by owner— recovery 
of material— other provisions. 

? 5. Claims of sub-contractor — notice of to 
owner— owner's duty!— contractor's 
liability— exceptions . 

? 6. Time for completing contract. 

\ 7. Limitation as against third parties- 
claim for lien — proof of delivery 
sufficient. 

i 8. Assigning liens or claims for liens.' 

? 9. Suit— how brought— joint suit— cross 
bill— dismissal— surprise— limitation. 

2 10. Personal representatives — death of 

parties in interest. 

\ 11. "Parties in interest" defined— dismis- 
sal— notice. 

i 12. Practice— powers of court— receivers. 

$ 13. Practice— answer— defense— counter 
claim. 

i 14. Trials— delay— order for sale. 

i 15. Preferences. 

I 16. Incumbrances— pro rata benefits. 

1 17. Costs— attorney fees. 

2 18. Sales of estates— partial sales. 

\ 19. Proceeds of sale— application— prefer- 
ences— deficiency and surplus. 

i 20. Redemption. 

i 21. "Sub -contractor" defined — prefer- 
ences—limit of liability — abandon- 
ment of contract. 



2 22. Partner after contract— statement of 
sub-contractor— failure— penalty. 

$ 23. Lien against public funds— public im- 
provements—liability and duty of 
official. 

§ 24. Notice by sub-contractor — agents, 
architects and superintendents to be 
notified— form of notice. 

1 25. Notice to non-residents. 
\ 26. Preferential liens. 

2 27. Owner's duty after notice — prefer- 

ences. 

2 28. Suits by subcontractor— proceedings. 

1 29. Judgment before justice— transcript- 

executions. 

2 30. General settlement— procedure. 

2 31. Failure to complete contract — owners 
liability to sub-contractor. 

2 32. Wrongful payment of owner to con- 
tractor. 

2 33. Limitation as to suit of sub-contractor. 

2 34. General provisions. 

2 35i Neglect— penalty. 

2 36. Wrongful sale or removal of material 
—penalty. 

2 37. Liens against water craft. 

2 38. Filing claims— circuit clerk's duties- 
fees. 

2 39. Construction of act. 

2 40. Repeals act of 1895. 

Approved May 18. 1903. 



An Act to revise the law in relation to mechanics' liens. To whom, 
what for, and when lien is given; who is a contractor; area cov- 
ered by and extent of lien; when the lien attaches. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any person who shall 
by any contract or contracts, expressed or implied, or partly ex- 
pressed and partly implied, with the owner of a lot or tract of land, 
or with one whom such owner has authorized or knowingly permitted 



LIENS. 231 



to contract for the improvement of, or to improve the same, furnish 
materials, fixtures, apparatus or machinery for the purpose of, or in 
the building, altering, repairing or ornamenting any house or other 
building, walk or sidewalk, whether such walk or sidewalk be on the 
land or bordering thereon, driveway, fence or improvement, or ap- 
purtenance thereto on such lot or tract of land, or connected there- 
with, and upon, over or under a sidewalk, street or alley adjoining; 
or fill, sod or excavate such lot or tract of land, or do landscape work 
thereon or therefor; or raise or lower any house thereon, or remove 
any house thereto, or perform services as an architect for any such 
purpose, or furnish or perform labor or services as superintendent, 
timekeeper, mechanic, laborer or otherwise, in the building, altering, 
repairing or ornamenting of the same; or furnish materials, fixtures, 
apparatus, machinery, labor or services on the order of his agent, 
architect or superintendent having charge of the improvements, 
building, altering, repairing or ornamenting the same, shall be 
known under this act as a contractor, and shall have a lien upon the 
whole of such lot or tract of land and upon the adjoining or adjacent 
lots or tracts of land of such owner constituting the same premises 
and occupied or used in connection with such lot or tract of land as 
a place of residence or business; and in case the contract relates to 
two or more buildings, on two or more lots or tracts of land, upon all 
of such lots and tracts of land and improvements thereon, for the 
amount due to him for such material, fixtures, apparatus, machinery, 
services or labor, and interest from the date the same is due. This lien 
shall extend to an estate in fee, for life, for years, or any other estate, 
or any right of redemption, or other interest which such owner may 
have in the lot or tract of land at the time of making such contract 
or may subsequently acquire therein, and shall be superior to any 
right of dower of husband or wife in said premises: Provided, the 
owner of such dower interest had knowledge of such improvement 
and did not give written notice of his or her objection to such im- 
provement before the making thereof; nor shall the taking of addi- 
tional security by the contractor or sub- contractor be a waiver of 
any right of lien which he may have by virtue of this act, unless 
made a waiver by express agreement of the parties; and this lien 
shall attach as of the date of the contract. 

§ 2. Liens for work or materials by mistake put upon 
land other than the contracting parties. 1 Any person fur- 
nishing services, labor or material for the erection of a building, or 
structure, or improvement, by mistake, upon land owned by another 
than the party contracting as owner, shall have a lien for such ser- 
vices, labor or material upon such building, or structure or improve- 
ment, and the court, in the enforcement of such lien, shall order and 
direct such building, structure or improvement to be separately sold 
under its decree, and the purchaser may remove the same within such 
reasonable time as the court may fix. 

§ 8. Liens for work or materials under contract with 
husband on land of wife.] If any such services or labor are 



232 LIENS. 



performed upon or materials are furnished for lands belonging to 
any married woman, with her knowledge and not against her protest 
in writing, as provided in section 1 of this act, in pursuance of a con- 
tract with the husband of such married woman, the person furnish- 
ing such labor or materials shall have a lien upon such property, the 
same as if such contract had been made with [the] married woman, 
and in case the title to such lands upon which improvements are 
made is held by husband and wife jointly, the lien given by this act 
shall attach to such lands and improvements, if the improvements be 
made in pursuance of a contract with both of them, or in pursuance 
of a contract with either of them, and in all such cases no claim of 
homestead right set up by a husband or wife shall defeat the lien 
given by this act. 

§ 4. Breach of contract by owner — recovery for mate- 
rial — PARTIAL PERFORMANCE — QUANTUM MERUIT — RIGHT TO RE- 
CLAIM unused material.] When the owner of the land shall fail 
to pay the contractor moneys justly due him under the contract at 
the time when the same should be paid, or fails to perform his part 
of the contract in any other manner, the contractor may discontinue 
work, and the contractor shall not be held liable for any delay on his 
part during the period of, or caused by, such breach of contract on 
the part of the owner; and if, after such breach for the period of ten 
days, the owner shall fail to comply with his contract, the contractor 
may abandon the work, and in such a case the contractor shall be 
entitled to enforce his lien for the value of what has been done, and 
the court shall adjust his claim and allow him alien accordingly. In 
such cases all persons furnishing material which has not been incor- 
porated in the improvement shall have the right to take possession 
of and remove the same if he so elects. 

§ 5. Contractor to notify owner of sub-contracts and 
amount of their claims — owner's duty with regard thereto 
and rights in case of default — contractor's liability for 
failure to give statement — contractors to whom this sec- 
TION does not apply.] It shall be the duty of the contractor to 
give to the owner, and the duty of the owner to require of the contrac- 
tor, before the owner or his agent, architect or superintendent, shall 
pay or cause to be paid to said contractor or to his order any moneys or 
other consideration, due or to become due such contractor, or make 
or cause to be made to such contractor any advancement of any 
moneys or any other consideration, a statement in writing, under 
oath or verified by affidavit, of the names of all parties furnishing 
materials and labor, and of the amounts due or to become due each. 
Merchants and dealers in materials only shall not be required to make 
statements herein provided for. 

§ 6. Time for completion of contract.] In no event shall it 
be necessary to fix or stipulate in any contract a time for the comple- 
tion or a time for payment in order to obtain a lien under this act: 
Provided, that the work is done or material furnished within three 
years from the commencement of said work or the commencement of 
furnishine: said materials. 



LIENS. 233 



§ 7. Limitation as against third parties— claim for lien — 
what shall consist of — when claim may be filed and when 
amended — as to errors in— proof of delivery of material, 
not used, sufficient — delivery of material at one building 
good for ALL buildings.] No contractor shall be allowed to en- 
force such lien against or to the prejudice of any other creditor or 
incumbrancer or purchaser, unless within four months after comple- 
tion, or if extra or additional work is done or material is delivered 
therefor within four months after the completion of such extra or 
additional work or the final delivery of such extra or additional 
material, he shall either bring suit to enforce his lien therefor or 
shall file with the clerk of the circuit court in the county in which 
the building, erection or improvement to be charged with the lien is 
situated, a claim for lien, verified by the affidavit of himself, or his 
agent or employe, which shall consist of a brief statement of the con- 
tract, the balance due after allowing all credits, and a sufficiently 
correct description of the lot, lots or tracts of land to identify the 
same. Such claim for lien may be filed at any time after the con- 
tract is made, and as to the owner may be filed at any time after the 
contract is made and within two years after the completion of said 
contract, or the completion of any extra work or the furnishing of 
any extra material thereunder, and as to such owner may be amended 
at any time before the final decree. No such lien shall be defeated to 
the proper amount thereof because of an error or overcharging on 
the part of any person claiming a lien therefor under this act, unless 
it shall be shown that such error or overcharge is made with intent 
to defraud; nor shall any such lien for material be defeated because 
of lack of proof that the material after the delivery thereof, actually 
entered into the construction of such building or improvement, 
although it be shown that such material was not actually used in the 
construction of such building or improvement: Provided, it is 
shown that such material was delivered either to such owner or his 
agent for such building or improvement to be used in such building 
or improvement, or at the place where said building or improvement 
was being constructed, for the purpose of being used in construction: 
And, provided, further, that in case of the construction of a number 
of buildings under contract between the same parties, it shall be 
sufficient in order to establish such lien for material, if it be shown 
that such material was in good faith delivered at one of the said 
buildings for the purpose of being used in the construction of any 
oue or all of such buildings, or delivered to the owner or his agent 
for such buildings, to be used therein; and such lien for such 
material shall attach to all of said buildings, together with the land 
upon which the same are being constructed, the same as in a single 
building or improvement: And, provided, further, that in the event 
that the contract relates to two or more buildings on two or more lots 
or tracts of land, then all of said buildings and lots or tracts of land 
may be included in one statement of claim for a lien. 



234 LIENS. 



§ 8. Assignability of liens or claims for lien — rights of 
assignee.] All liens or claims for lien which may arise or accrue 
under the terms of this act shall be assignable, and proceedings to 
enforce such liens or claims for lien may be maintained by and in the 
name, of the assignee, who shall have as full and complete power to 
enforce the same as if such proceedings were taken under the provi- 
sions of this act by and in the name of the lien claimant. 

§ 9. When, how and in what court suit may be brought — 
two or more lien holders may join in bringing suit — answers 
stand as cross- bills — original bill cannot be dismissed with- 
out consent of parties — lien claimants may contest each 
other's claims without formal issues of record — rights of 
IN case of surprise — limitation.] If payment shall not be 
made to the contractor having a lien by virtue of this act 
of any amount due when the same becomes due, then such 
contractor may bring suit to enforce his lien by bill or petition 
in any court of competent chancery jurisdiction in the county where 
the improvement is located, and in the event that the contract relates 
to two or more buildings or two or more lots or tracts of land, then 
all of said buildings and lots or tracts of land may be included in one 
bill or petition. Any two or more persons having liens on the same 
property may join in bringing such suit, setting forth their respective 
rights in their bill or petition; all lien claimants not made parties 
thereto, may, upon application, become defendants and enforce their 
liens by answer to the bill or petition in the nature of an intervening 
petition, and the same shall be taken as a cross-bill against all the 
parties to such suit; and the said bill or petition shall not thereafter 
be dismissed as to any such lien claimant, or as to the owner or own- 
ers of the premises without the consent of such lien claimant. The 
complainant or petitioner, and all defendants to such bill or petition 
may contest each other's right without any formal issue of record 
made up between them other than that [shown] upon the original 
bill or petition, as well with respect to the amount due as to the right 
to the benefit of the lien claimed: Provided, that if by such contest 
by co-defendants any lien claimants be taken by surprise, the court 
may, in its discretion, as to such claim grant a continuance. The 
court may render judgment against any party summoned and failing 
to appear, as in other cases of default. Such suit shall be commenced 
or answer filed within two years after the completion of the contract, 
or completion of the extra or additional work, or furnishing of extra 
or additional material thereunder. 

§ 10. Personal representatives— death of parties in inter- 
est.] Suits may be instituted under the provisions of this act in 
favor of administrators or executors, and may be maintained against 
the representatives in the interest of those against whom the cause 
of action accrued, and in suits instituted under theprovisions of this, 
act, the representatives of any party who may die pending the suit 
shall be made parties. 



LIENS. 235 



§ 11. Who are parties in interest — how and when made— or 
may become parties to suit — publication, service of process on 
non-resident — claims not due, etc. — pleading, requisites of bill 
or petition — diligence required in prosecuting claim — when 

AND HOW PARTY BRINGING SUIT MAY DISMISS SAME.] The bill or peti- 
tion shall contain a brief statement of the contract or contracts on 
which it is founded, the dates when made, and when completed, if 
not completed, why, and it shall also set forth the amount due and 
unpaid, a description of the premises which are subject to the lien, 
and such other facts as may be necessary to a full understanding of 
the rights of the parties. Where plans and specifications are by ref- 
erence made a part of the contract, it shall not be necessary to set the 
same out in the pleadings or as exhibits, but the same may be pro- 
duced on the trial of the suit. The complainant or petitioner shall 
make all parties interested, of whose interest he is notified or has 
knowledge, parties defendant, and summons shall issue and service 
thereof be had as in suits in chancery; and when any defendant re- 
sides or has gone oat of the State, or on inquiry can not be found, or 
is concealed within this State, so that process can not be served on 
him, the complainant or petitioner shall cause a notice to be given 
to him in like manner and upon the same conditions as is provided 
in suits in chancery, and his failure to so act with regard to sum- 
mons or notice shall be ground for judgment or decree against him 
as upon the merits. The same rule shall prevail with cross- petition- 
ers with regard to any person of whose interest they have knowledge, 
and who are not already parties to the suit or action. Parties in in- 
terest, within the meaning of this act, shall include persons entitled 
to liens thereunder, whose claims are not, as well as are, due at the 
time of the commencement of suit, and such claim shall be allowed 
subject to a reduction of interest from the date of judgment to the 
time the claim is due; also all persons who may have any legal or 
equitable claim to the whole or any part of the premises upon which 
a lien may be attempted to be enforced under the provisions thereof, 
or who are interested in the subject matter of the suit. Any such 
persons may, on application to the court wherein the suit is pending, 
be made or become parties at any time before final judgment. No 
action or suit under the provisions of this act shall be voluntarily 
dismissed by the party bringing the same without due notice to all 
parties before the court and lease of court upon good cause shown 
and upon terms named by the court. 

§ 12. Practice — powers of court — when receivers may be 
appointed.] The court shall permit amendments to any part of the 
pleadings, and may issue process, make all orders requiring parties 
to appear, and requiring notice to be given, that are or may be au- 
thorized in proceedings in chancery, and shall have the same power 
and jurisdiction of the parties and subject matter, and the rules of 
practice and proceedings in such cases shall be the same as in other 
cases in chancery, except as is otherwise provided in this act. The 
court shall have power to appoint receivers for property on which 
liens are sought to be enforced in the same manner for the same 



236 LIENS. 



causes and for the same purposes as in cases of foreclosure of mort- 
gages, as well as to complete any unfinished building where the same 
is deemed to be to the best interest of all the parties interested. 

§ 13. Practice — answer — defense — right to recover on 
counter claim] Defendant shall answer the bill or petition under 
oath, unless the oath is waived by the complainant or petitioner. 
The owner shall be entitled to make any defense against the con- 
tractor by way of set-off, recoupment or counter claim that he could 
in any action at law, and shall be entitled to the same right of re- 
covery on proof of such in excess of the claim of the contractor 
against the contractor only, but for matters not growing out of the 
contract such recovery shall be without prejudice to the rights of the 
sub-contractors thereunder for payment of the contract price or fund; 
and in event that the court shall find, in any proceeding in chancery, 
that no right to a lien exists, the contractor shall be entitled to re- 
cover against the owner as at law, and the court shall render judg- 
ment as at law for the amount which the contractor is entitled to, to- 
gether with costs in the discretion of the court. In any proceedings 
to enforce a lien, it shall only be necessary for all persons seeking a 
lien on account of wages due for labor to file in such proceedings an 
affidavit giving the amount due, between what dates the same was 
performed and the kind of labor performed, and the court shall di- 
rect the amount due for wages as therein specified to be paid within 
a short day to be fixed by the court, unless within ten days after the 
filing of said claim for wages the amount claimed is contested by the 
owner or some other party to the suit, and in order to contest the 
amount due for wages it shall be necessary for the party making 
such contest to file an affidavit in which he shall state the defense he 
has to the allowance of such claim, and the court shall proceed at 
once to hear such evidence as the parties may adduce, and determine 
the merits as to the allowance of such claim for wages, and in the 
event that the allowance for wages is not paid within the time fixed 
by the court, then the court shall order the premises sold to pay such 
amount in such manner as the court shall direct. 

§ 14. Trials — parties ready not to be delated — when 
court may delay order for sale or distribution.] In no case 
shall the want of preparation for trial of one claim delay the trial in 
respect to others, but trial shall be had upon issues between such 
parties as are prepared without references to issues between other 
parties; and when one creditor shall have obtained a decree or judg- 
ment for the amount due, the court may order a sale of the premises 
on which the lien operates, or a part thereof, so as to satisfy the de- 
cree or judgment: Provided, that the court may, for good cause 
shown, delay making any order for sale or distribution until the 
rights of all parties in interest are ascertained and settled by the 
court. 

§ 15. Preference to laborers— no preference to first con- 
tractor.] Upon all questions arising between different contractors 



LIENS. 237 



having liens under this act, no preference shall be given to him 
whose contract was made first, except the claim of any person for 
wages by him personally performed, shall be a preferred lien. 

§ 16. Incumbrances — apportionment — on improvements made 
after record op incumbrance — lien holders have pro rata 
benefit in what owner pays for — fraudulent incumbrances — 
disposition of,] No incumbrance upon land, created before or 
after the making of the contract under the provisions of this act, 
shall operate upon the building erected, or materials furnished until 
a lien in favor of the persons having done work or furnished ma- 
terial shall have been satisfied, and upon questions arising between 
incumbrancers and lien creditors, all previous incumbrances shall be 
preferred to the extent of the value of the land at the time of mak- 
ing of the contract, and the lien creditor shall be preferred to the 
value of the improvements erected on said premises, and the court 
shall ascertain by jury or otherwise, as the case may require, what 
proportion of the proceeds of any sale shall be paid to the several 
parties in interest. All incumbrances, whether by mortgage, judg- 
ment or otherwise, charged and shown to be fraudulent, in respect to 
creditors, may be set aside by the court, and the premises freed and 
discharged from such fraudulent incumbrance. 

§ 17. Costs — how taxes [taxed] — attorney's fees.] The costs 
of proceedings, as between all parties to the suit, shall be taxed 
equitably against the losing parties, and where taxed against more 
than one party, shall be so taxed against all in favor of the proper 
party but equitably as between themselves; and the costs, as between 
creditors aforesaid in contests relative to each other's claims, shall 
be subject to the order of the court, and the same rale shall prevail 
in respect to costs growing out of the proceedings against and be- 
tween incumbrances. In all cases where liens are enforced, the court 
shall, in its discretion, order a reasonable attorney's fee taxed as a 
part of the costs in favor of the lien creditor. 

§ 18. What estate to be sold — manner of making sales, 
when part may be sold.] Whatever right or estate such owner 
had in the land at the time of making the contract may be sold in the 
same manner as other sales of real estate are made under decrees in 
chancery. If any part of the premises can be separated from the 
residue, and sold without damage to the whole, and if the value 
thereof is sufficient to satisfy all the claims proved in the cause, the 
court may order a sale of that part. 

§ 19. Proceeds of sale — application of pro rata — labor 
claims preferred — deficiency decrees— excess, to whom paid.] 
The court shall ascertain the amount due each lien creditor, and 
shall direct the application of the proceeds of sale to be made to each 
in proportion to their several amounts, according to the provisions 
of this act, but the claims of all persons for labor as provided in sec- 
tion fifteen (15) shall be first paid. If, upon making sale under 
this act of any or all premises, the proceeds of such sale shall not be 
sufficient to pay all claims of all parties, according to their rights 



238 LIENS. 



the decree shall be credited by the amount of said sale, and execu- 
tion may issue in favor of any creditor whose claims is [are J not 
satisfied for the balance due as upon a deficiency decree in the fore- 
closure of a mortgage in chancery, and such deficiency decree shall 
be a lien upon all real estate and other property of the party against 
whom it is entered to the same extent and under the same limita- 
tions as a judgment at law; and in case of excess of sales over the 
amount of the decree, such excess be paid to the owner of the land, 
or to the person who may be entitled to the same, under the direc- 
tion of the court. 

§ 20. Redemption.] Upon all sales under this act, the right of 
redemption shall exist in favor of the same persons, and may be made 
in the same manner as is or may be provided for redemption of real 
estate from sales under judgments and executions at law. 

§ 21. SUB- CONTRACTORS — LIENS OF SUB-CONTRACTORS — WHO 
ARE — EXTENT OF THEIR LIENS SUPERIOR TO CREDITORS OR CON- 
TRACTORS ON MONET DUE CONTRACTORS — LIMIT OP OWNER'S LIA- 
BILITY — OWNER LIABLE POR SUB-CONTRACTS PERFORMED AFTER 
NOTICE THEREOF — RIGHTS OF, IN CASE CONTRACTOR DEFAULT — 

may complete, if contraotor abandons] Every mechanic, 
workman or other person who shall furnish any materials, apparatus, 
machinery or fixtures, or furnish or perform services or labor for the 
contractor shall be known under this act as a sub-contractor, and 
shall have a lien for the value thereof, with interest on such amount 
from the date the same is due, from the same time, on the same 
property as provided for the contractor, and also, as against the 
creditors and assignees, and personal and legal representatives of the 
contractor, on the material, fixtures, apparatus or machinery 
furnished, and on the moneys or other considerations due or to 
become due from the owner under the original contract, whether or 
not the original contractor could have obtained a lien or was by con- 
tract or conduct divested or deprived of a right to obtain a lien. In 
no case, except as hereinafter provided, shall the owner be compelled 
to pay a greater sum for or on account of the completion of such 
house, building or other improvements than the price or sum stipu- 
lated in said original contract or agreement, unless payment be made 
to the contractor or to his order, in violation of the rights and inter- 
ests of the persons intended to be benefited by this act: Provided, 
if it shall appear to the court that the owner and contractor fraudu- 
lently, and for the purpose of defrauding sub-contractors, fixed an 
unreasonably low price in their original contract for the erection or 
repairing of such building, then the court shall ascertain how muoh 
of a difference exists between a fair price for labor and material 
used in said building or other improvements, and the sum named 
in said original contract, and said difference shall be considered a 
part of the contract and be subject to a lien. But where the con- 
tractor's statement, made as provided in section five (5) , shows the 
amount to be paid to the sub-contractor, or party furnishing material; 



LIENS. 239 



or the sub-contractor's statement, made pursuant to section twenty- 
two (22), shows the amount to become due for material; or notice is 
given to the owner, as provided iu section twenty-four (24), and 
twenty-five (25), and thereafter such sub-contract shall be performed, 
or material to the value of the amount named in such statements or 
notice, shall be prepared for use and delivery, or delivered without 
written protest on the part of the owner previous to such performance 
or delivery, or preparation for delivery, then, and in any of such 
cases such sub-contractor or party furnishing or preparing material, 
regardless of the price named in the original contract, shall have a 
lien therefor to the extent of the amount named in such statements 
or notice: Also, in case of default or abandonment by the contractor, 
the sub-contractor or party furnishing material, shall have and may 
enforce his lien to the same extent and in the same manner that the 
contractor may under conditions that arise as provided for in section 
four of this act, and shall have and may exercise the same rights as 
are therein provided for the contractor. 

§ 22. Where partners taken in after contract — lien for 
material furnished to sub-contractor — lien of sub-con- 
tractor — statement of sub-contractor to owner or con- 
TRACTOR — PENALTY FOR FAILURE TO GIVE STATEMENT.] Whenever 

after a contract has been made, the contractor shall associate one 
or more persons as partners or joint contractors, in carrying out the 
same, or any part thereof, the lien for materials or labor furnished 
by a sub-contractor to such contractor and his partners or asso- 
ciates, as originally agreed upon, shall continue the same as if the 
sub-contract had been made with all of said partners. When the 
contractor shall sub-let his contract or a specific portion thereof 
to a sub-contractor, the party furnishing material to or perform- 
ing labor for such sub-contractor shall have a lien therefor, and 
may enforce his lien in the same manner as is herein provided 
for the enforcement of liens by sub-contractors. Any sub-contractor 
shall, as often as requested in writing by the owner, or contractor, 
or the agent of either, make out and give to such owner, con- 
tractor or agent, a statement of the persons furnishing material 
and labor, giving their names and how much if anything is due or 
to become due to each of them, and which statement shall be 
made under oath if required. If any sub-contractor shall fail to 
furnish such statement within five (5) days after such demand, he 
shall forfeit to such owner or contractor the sum of fifty (50) dol- 
lars for every offense, which may be recovered in an action of debt 
before a justice of the peace, and shall have no right of action 
against either owner or contractor until he shall furnish such 
statement, and the lien of such sub-contractor shall be subject to 
the liens of all other creditors. 

§ 23. Lien against fund due or to become due — con- 
tractors FOR PUBLIC IMPROVEMENTS, NOTICE — DUTY AND LIABIL- 
ITY of officer notified.] Any person who shall furnish material, 
apparatus, fixtures, machinery or labor to any contractor for a public 
improvement in this State, shall have a lien on the money, bonds or 



240 LIENS. 



warrants due or to become due such contractor for such improvement: 
Provided, such person shall, before payment or delivery thereof is 
made to such contractor, notify the officials of the State, county, 
township, city or municipality whose duty it is to pay such contractor 
of his claim by a written notice. It shall be the duty of such official 
so notified, to withhold a sufficient amount to pay such claim until it 
is admitted, or by law established, and thereupon to pay the amount 
thereof to such person, and such payment shall be a credit on the con- 
tract price to be paid such contractor. Any officer violating the duty 
hereby imposed upon him, shall be liable on his official bond to the 
person serving such notice for the damages resulting from such vio- 
lation, which may be recovered in an action at law in any court of 
competent jurisdiction. There shall be no preference between the 
persons serving such notice, but all shall be paid pro rata in propor- 
tion to the amount due under their respective contracts. 

§ 24. Notice to the owner by sub-contractor — limitation 
for see vice of — may be served on owner, agent, architect 
or superintendent in charge — duties and liabilities of 
agents, architect and superintendent notified — excuse of 
notice — sub-contractors protected to amount named in — 
form of. J Sub-contractors, or party furnishing labor or materials, 
may at any time after making his contract with the contractor, and 
shall within sixty (60) days after the completion thereof, or, if extra 
or additional work or material is delivered thereafter, within sixty (60) 
days after the date of completion of such extra or additional work or 
final delivery of such extra or additional material, cause a written 
notice of his claim and the amount due or to become due thereunder, 
to be personally served on the owner or his agent or architect, or the 
superintendent having charge of the building or improvement: Pro- 
vided, such notice shall not be necessary when the sworn statement 
of the contractor or sub contractor provided for herein shall serve to 
give the owner notice of the amount due and to whom due, but where 
such statement is incorrect as to the amount, the sub-contractor or 
material man named shall be protected to the extent of the amount 
named therein as due or to become due to him. 

The form of such notice may be as follows: To (name of owner) : 
You are hereby notified that I have been employed by (the name of 
contractor) to (state here what was the contract or what was done, or 
to be done, or what the claim is for) under his contract with you, od 
your property at (here give substantial description of the property) 
and that there was due to me, or is to become due (as the case may 
be) therefor, the sum of dollars. 

Dated at , this .... day of .... A. D 

(Signature) 

§ 25. Notice to non-resident owner by filing claim with cir- 
cuit [COURT] , WHAT CLAIM SHALL CONSIST OF — WHEN ITEMIZED ACCOUNT 
not necessary.] In all cases where the owner, agent, architect or 
superintendent cannot, upon reasonable diligence, be found in the 
county in which said improvement is made, or shall not reside therein, 



LIENS. 241 



the sub- contractor or person furnishing materials, fixtures, apparatus, 
machinery, labor or services may give notice by riling in the office of 
the clerk of the circuit court against the person making the contract 
and the owner a claim for lien verified by the affidavit of himself, 
agent or employ^ which shall consist of a brief statement of his con- 
tract or demand, and the balance due after allowing all credits, and 
a sufficient correct description of the lot, lots or tract of land to 
identify the same. An itemized account shall not be necessary. 

§ 26. Lien of laborers prefers — limitation as to laborer's 
notice.] The claim of any person for wages as a laborer under sec- 
tion fifteen, twenty-one and twenty-two of this act shall be a pre- 
ferred lien. 

§ 27. Owner's duty to retain and pay money after notice — 
preference to laborers— manner in which he shall make pay- 
MENT — liability of owner.] When the owner or his agent is no- 
tified as provided in this act, he shall retain from any money due or 
to become due the contractor, an amount sufficient to pay all demands 
that are or will become due such sub-contractor, tradesman, material- 
men, mechanic, or workman of whose claim he is notified, and shall 
pay over the same to the parties entitled thereto. 

Such payments shall be as follows: 

First — All claims for wages shall be paid in full. 

Second — The claims of tradesmen, materialmen and sub-contractors, 
who are entitled to liens, pro rata, in proportion to the amount due 
them respectively. All payments made as directed shall, as between 
such owner and contractor, be considered the same^as if paid to such 
contractor. Any payment made by the owner to the contractor after 
such notice, without retaining sufficient money to pay such claims, 
shall be considered illegal and made in violation of the rights of the 
laborers and sub-contractors, and the rights of such laborers and sub- 
contractors to a lien shall not be affected thereby, but the owner 
shall not be held liable to any laborer and sub- contractor or other 
person whose name is omitted from the statement provided for in 
sections five (5) and twenty-two of this act, nor for any 
larger amount than the sum therein named as due such person 
(provided such omission is not made with the knowledge or collusion 
of the owner) , unless previous thereto or to his payment to his con- 
tractor, he shall be notified, as herein provided, by such person of 
their claim and the true amount thereof. 

Third — The balance, if any, to the contractor. 

§ 28. Suits to enforce lien by sub-contractors — when can be 
brought, pleadings, action at law against owner and con- 
tractor — proceedings, extent of owner's liability,] if any 
money due to the laborers or sub-contractor be not paid within ten 
(10) days after his notice is served as provided in sections five (5) , 
twenty-four (24), twenty-five (25) and twenty-seven (2 r /), then such 

—16. 



242 LIENS. 



person may either file his petition and enforce his lien as herein- 
before provided for the contractor in sections nine (9) to twenty 
(20) inclusive, of this act, except as to the time within which suit 
shall be brought or he may sue the owner and contractor jointly for 
the amount due him in any court having jurisdiction of the amount 
claimed to be due, and a personal judgment may be rendered therein, 
as in other cases. In such actions at law, as in suits to enforce the 
lien, the owner shall be liable to the plaintiff for no more than the pro 
rata share that such person would be entitled to with other sub-con- 
tractors out of the funds due to the contractor from the owner under 
the contract between them, except as hereinbefore provided for labor- 
ers, and such action at law shall be maintain [maintained] against the 
owner only in case the plaintiff establishes his right to the lien. All 
suits and actions by sub-contractors shall be against both contractor 
and owner jointly, and no decree or judgment shall be rendered 
therein, until both are duly brought before the court by process of 
publication, and in all courts including actions before a justice of 
the peace and police magistrates, such process may be served and 
publication made as to all persons except the owners as in suits in 
chancery. All such judgments, where the lien is established shall 
be against both jointly, but shall be enforced against the owner only 
to the extent that he is liable under his contract as by this act pro- 
vided, and shall recite the date from which the lien thereof attached 
according to the provisions of sections one (1) to twenty (20) of 
this act, but this shall not preclude a judgment against the con- 
tractor, personally, where the lien is defeated. 

§ 29. Judgment before justice of the peace— when tran- 
script OF MAY BE FILED — EXECUTION THEREON — LIENS THEREOF.] 

If the execution issued on a judgment obtained before a justice of 
the peace or police magistrate shall be returned not satisfied, a tran- 
script of such judgment may be taken to the circuit court and spread 
upon the records thereof, and execution issued thereon as in other 
cases except that the lien of the same shall be preserved as a pre- 
ferred lien on the property improved from the date recited in the 
judgment, and enforced thereon the same as if a decree had been 
rendered by the circuit court in a suit to enforce such lien under the 
provisions of this act. 

§ 30. Proceedings for general settlement — interpleader — 
HOW liens and claims cut off and judgments thereon stayed 
in such proceedings.] If there are several liens under sections 
twenty-one (21) and twenty-two (22) upon the same premises, and 
the owner or any person having such a lien shall fear that there is 
not a sufficient amount coming to the contractor to pay all such 
liens, such owner or any one or more persons having such lien may 
file his or their bill or petition in the circuit court of the proper 
county, stating such fact and such other facts as may be sufficient to 
a full understanding of the rights of the parties. The contractor 
and all persons having liens upon or who are interested in the prem- 
ises, so far as the same are known to or can be ascertained by the 
claimant or petitioner upon diligent inquiry, shall be made parties. 



LIENS. 243 



Upon the hearing the court shall find the amount coming from the 
owner to the contractor, and the amount due to each of the persons 
having liens, and in case the amount found to be coming to the con- 
tractor shall be insufficient to discharge all the liens in full, the 
amount so found in favor of the contractor shall be divided between 
the persons entitled to such liens pro rata after the payment of all 
claims for wages in proportion to the amounts so found to be due 
them respectively. If the amount so found to be coming to the con- 
tractor shall be sufficient to pay the liens in full, the same shall be 
so ordered. The premises may be sold as in other cases under this 
act. The parties to such suit shall prosecute the same under like 
requirements as are directed in section eleven (11) of this act, and 
all persons who shall be duly notified of such proceedings and who 
shall fail to prove their claims, whether the same be in judgment 
against the owner or not, shall forever lose the benefit of and be pre- 
cluded from their liens and all claims against the owner. Upon the 
filing of such bill or petition the court may, on the motion of any person 
interested, and shall, upon final decree, stay further proceedings 
upon any suit against the owner on account of such liens, and costs 
in such cases shall be adjusted as provided for in section seven- 
teen (17). 

§ 31. Failure to complete contract by contractor — requi- 
sites AND MANNER OF SUB-CONTRACTOR'S SUIT IN CASE OP — OWNER'S 
liability in case of.] Should the contractor, for any cause, fail 
to complete his contract, any person entitled to a lien as aforesaid 
may file his petition in any court of record against the owner and 
contractor, setting forth the nature of his claim, the amount due, as 
near as may be, and the names of the parties employed on such house 
or other improvement subject to liens; and a notice of such suit 
shall be served on the persons therein named, and such as shall ap- 
pear shall have their claim adjudicated. The premises may be sold 
as in other cases under this act. The parties to such suit shall prose- 
cute the same under like requirements as are directed in section 
eleven (11) of this act. 

§ 32. Payment of owner to contractor — when wrongful.] 
No payments to the contractor or to his order of any money or other 
considerations due or to become due to the contractor shall be re- 
garded as rightfully made, as against the sub-contractor, laborer, or 
party furnishing labor or materials, if made by the owner without 
exercising and enforcing the rights and powers conferred upon him 
in sections five (5) and twenty-two [ (22) ] of this act. 

§ 33. Limitation as to suit of sub-contractors to enforce 
lien.] Petition shall be filed or suit commenced to enforce the lien 
created by sections twenty-one (21) and twenty-two (22) of this act 
within four months after the time that the final payment is due the 
sub-contractor, laborer or party furnishing material. 



244 LIENS. 



§ 34. General provisions — suit to be commenced or answer 
filed by lien claimants, and within thirty (30) days on de- 
MAND OF OWNER, LIENER OR INTERESTED PARTY.] Upon Written 

demand of the owner, liener, or any person interested in the real 
estate, or their agent or attorney, served on the person claiming the 
lien, or his agent or attorney, requiring suit to be commenced to en- 
force the lien, or answer to be filed in a pending suit, suit shall be 
commenced or answer filed within thirty days thereafter, or the Hen 
shall be forfeited, and same released if a claim for a lien has been 
filed with the clerk of the circuit court. 

§ 35. Neglect to satisfy lien paid or to release where 
not sued on time — penalty. J Whenever a claim for lien has 
been filed with the clerk of the circuit court, either by the contractor 
or sub-contractor, and is afterward paid, with cost of filing same, or 
where there is a failure to institute suit to enforce the same after de- 
mand, as provided in the preceding section, within the time by this 
act limited, the person filing the same or some one by him duly 
authorized in writing so to do shall acknowledge satisfaction or 
release thereof, in the proper book in such office, in writing, on 
written demand of the owner, and, on neglect to do so for ten days 
after such written demand, he shall forfeit to the owner the sum of 
twenty-five (25) dollars, which may be recovered in an action of debt 
before a justice of the peace. 

§ 36. Penalty for wrongful sale, use or removal of ma- 
terials.] Any owner, contractor, sub-contractor or other person 
who shall purchase materials on credit and represent at the time of 
purchase that the same are to be used in a designated building or 
buildings, or other improvement, and shall thereafter sell, use or 
cause to be used the said materials in the construction of, or remove 
the same to any building or improvement other than that designated, 
or dispose of the same for any purpose, without the written consent 
of the person of whom the materials were purchased, with intent to 
defraud such person, shall be deemed guilty of a misdemeanor, and, 
on conviction shall be punished by a fine not exceeding five hundred 
dollars ($500) , or confined in the county jail not exceeding one year, 
or both so fined and imprisoned. 

§ 37. Liens against boats, barges and water craft.] Any archi- 
tect, contractor, sub-contractor, materialman, or other person furnish- 
ing services, labor or material for the purpose of or in constructing, 
building, altering, repairing or ornamenting a boat, barge or other 
water craft, shall have a lien on such boat, barge or other water craft 
for the value of such services, labor or material in the same manner 
as in this act provided for services, labor or material furnished by 
such parties for the purpose of building, altering, repairing or orna- 
menting a house or other building. And such lien may be estab- 
lished and enforced in the same manner as liens are established and 
enforced under this act, and the parties shall be held to the same 
obligations, duties and liabilities as in case of a contract for build- 
ing, altering, repairing or ornamenting a house or other building. 



LIENS— LUNATICS. 245 



§ 38. CIRCUIT COURT clerk's DUTIES WITH REGARD TO CLAIMS 
filed; abstract fee.] When claims for lien are filed pursuant to 
the provisions of sections seven (7) and twenty-five (25), the clerk 
of the cirouit court shall endorse thereon the date of filing, and 
make an abstract thereof in a book kept for that purpose and 
properly indexed, containing the name of the person filing the lien, 
the amount of the lien, the date of- filing, the name of the person 
against whom the lien is filed, and a description of the property 
charged with the lien for which the person filing the lien shall pay 
one dollar ($1) to the clerk. 

§ 39. This act is and shall be liberally construed as a remedial 
act. 

§ 40. An act entitled, "An act to revise the law in relation to 
mechanic's liens," approved and in force June 28, 1895; and all 
other acts and parts of acts inconsistent with this act, are hereby 
repealed: Provided, that this section shall not be construed as to 
effect any rights existing or actions pending at the time this act 
shall take effect. 

Approved May 18, 1903. 



LUNATICS. 



commitment and detention 

I 1. Amends sections 5, 8 and 12, act of 1893. 
\ 5. Inquests by jury or commission. 
§8. Manner of conducting inquests. 



i 12. Conservator for estate of luna 
tic— contracts with lunatics. 

Approved May 14, 1903. 



An Act to amend sections 5, 8 and 12 of an act entitled "An act to 
revise the law in relation to the commitment and detention of 
lunatics, and to provide for the appointment and removal of con- 
servators, and to repeal certain acts therein named,'''' approved 
June 21, 1893, in force July 1, 1893, and all amendments thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 5, 8 and 12 of 
an act entitled "An act to revise the law in relation to the commit- 
ment and detention of lunatics, and to provide for the appointment 
and removal of conservators, and to repeal certain acts therein 
named," approved June 21, 1893, in force July 1, 1893, and all 
amendments thereto, be amended so as to read as follows: 

§ 5. Inquests in lunacy shall be by jury, or a commission of two 
licensed physicians engaged in active practice in said county, as here- 
inafter provided. 

§ 8. Inquests in lunacy may be in open court or in chambers, or 
at the home of the person alleged to be insane, at the discretion of 
the court. The judge shall preside, whether the inquest is by jury 



246 LUNATICS. 



or a commission, and the presence of the patient shall be indispen- 
sable, and no proceedings can be had in his absence, unless other- 
wise provided in this act. The judge may require all persons other 
than the patient, his friends, witnesses, licensed attorneys and officers 
of the court, to withdraw from the room during the inquest. 

§ 12. If any person alleged to be insane shall be possessed of any 
estate, real, personal or mixed, it shall be lawful for the person filing 
application for an inquest in lunacy in his case to make at the same 
time application for the appointment of a conservator of such alleged 
lunatic. And if such alleged lunatic shall be adjudged insane, or if 
it shall appear to the court that any person has been adjudged insane 
by the court without application for a conservator having been made, 
and that such lunatic is possessed of any estate, real, personal or 
mixed, and is still insane, in either case it shall be lawful for the 
court, upon petition filed for that purpose, to make an appointment 
of a conservator upon the same judgment without further proceed- 
ings, and exercise in respect thereto all the power contained in an 
act entitled "An act to revise the law in relation to lunatics, idiots, 
drunkards and spendthrifts," approved March 26, 1874, in force July 
1, 1874, and all amendments thereto, and such conservator shall per- 
form the duties and incur the liabilities imposed by said act upon 
conservators appointed thereunder: Provided, that in any county 
wherein a probate court has been or may hereafter be established, 
upon the filing in such court of the proper petition, together with 
the duly certified copy of the record and the verdict of the jury, or 
the report of the commission of physicians and the judgment of the 
county court thereon finding such person insane, such probate court 
may, in its discretion, without further inquest, by jury or commis- 
sion of physicians, appoint such conservator; and every note, bill, 
bond or other contract by any person adjudged insane under the 
provisions of this act, made after such person has been adjudged in- 
sane under this act, shall be void as against such lunatic and his 
estate, but a person making any contract with such lunatic shall be 
bound thereby. 

Approved May 14, 1903. 



LUNATICS, IDIOTS, ETC, 



247 



LUNATICS, IDIOTS, ETC. 



CONSERVATOR-APPOINTMENT PROVIDED FOR. 



I 3. 



Conservator's bond— amount of 
bond— additional bond. 



Approved May 16, 1903. 



\ 1. Amends sections 1, 2, and 3, act of 1874. 

I t. Proceedings for appointment of 
conservator. 

S 2. Proceedings in court — jury- 
finding— appointment. 

An Act to amend sections one, two and three of an act entitled, 
"An act to revise the law in relation to idiots, lunatics, drunkards 
and spendthrifts,"" approved March 26, 1874, in force July 1, 
1874, and all amendments thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That sections 1, 2 and 3 of 
an act entitled, "An act to revise the law in relation to idiots, luna- 
tics, drunkards and spendthrifts," approved March 26, 1874, in force 
July 1, 1874, and all amendments thereto, be, and the same are here- 
by amended to read respectively, as follows, to- wit: 

§ 1. When any person having any estate, real or personal, shall 
be, or be supposed to be, an idiot or an insane, distracted or feeble 
minded person, who, by reason of unsoundness of mind, is incapable 
of managing and caring for his own estate, or when any person hav- 
ing any estate shall be, or be supposed to be a drunkard or spend- 
thrift who is alleged so to spend, waste or lessen his estate as to ex- 
pose himself or his family to want or suffering, or any county, town 
or incorporated city or village to any charge or expense for the sup- 
port of himself or his family, the county court of the county wherein 
such person resides, shall, on the proper application of any reputable 
citizen of such county, proceed in the manner hereinafter provided, 
to ascertain whether such person be an idiot or an insane, distracted 
or feeble minded person, who, by reason of unsoundness of mind, is 
incapable of managing and caring for his own estate, a drunkard or 
spendthrift as aforesaid: Provided, that in any county wherein a 
probate court is or hereafter may be established, such application 
shall be made to said probate court. 

§ 2. On any application for the appointment of a conservator of 
any person being filed, the court shall set said cause for hearing 
summons [which] shall be issued returnable on any day of the 
term, and service shall be had upon the person for whom a conserva- 
tor is sought to be appointed, in the same manner by summons or 
otherwise as service is had in chancery. At the time fixed for the 
hearing, a jury of six persons shall be empaneled to try the case; the 
court may, for good cause, continue the case from time to time. If 
any person be found an idiot, insane person, distracted or feeble 
minded person, drunkard or spendthrift, and by reason of such con- 
dition incapable of managing and caring for his own estate, it shall 
be the duty of the court to appoint a conservator for such person. 



248 LUNATICS, IDIOTS, ETC. — MEDICINE AND SURGERY. 



§ 3. The conservator so appointed shall before entering upon the 
duties of his office give bond payable to the People of the State of 
Illinois, with at least two sufficient sureties to be approved by the 
court at least in double the amount of his ward's personal estate, and 
six times the amount of the gross annual income of the ward's real 
estate: Provided, however, if such real estate is improved or is 
covered in whole or in part with timber, or is improved in part and 
in part covered with timber, the penal sum in said bond shall be in- 
creased by an amount at least double the value of the said improve- 
ments or of said timber or of both, as the case may be, with such 
conditions as near as may be as provided, in the case of bonds of the 
guardian of infants. Additional bonds and counter security may be 
required as hereinafter provided. 

Approved May 16, 1903. 



MEDICINE AND SURGERY. 



COCAINE-SALE OFREGULATED. 



§ 1. Amends act of 1901. 



14a. Cocaine may be retailed only 
on written prescription of 
physician. 



§ 14b. Penalty for violation of act. 
I 16. Repeal— proviso. 
Approved May 13, 1903. 



An Act to amend an act entitled "An act to regulate the practice of 
pharmacy in the State of Illinois, to make an appropriation there- 
for, and to repeal certain acts therein named," approved May 11, 
1901, in force July 1, 1901, by adding thereto two new sections, to 
be known as section 14a and section 14b, and to amend section 16 
thereof. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled "An act 
to regulate the practice of pharmacy in the State of Illinois, to make 
an appropriation therefor, and to repeal certain acts therein named," 
approved May 11, 1901, in force Ju]y 1, 1901, be amended by adding 
thereto two new sections, to be known as section 14a and section 14b, 
and amending section 16 thereof. 

§ 14a. That it shall not be lawful for any druggist or other per- 
son to retail, or sell, or give away any cocaine, hydro-chlorate, or any 
salts of, or any compound of cocaine, or any preparation containing 
cocaine, or any salts of, or any compound thereof, excepting upon 
the written prescription of a licensed physician or licensed dentist, 
licensed under the laws of the State, which prescription shall only 
be filled once, and must have written plainly upon it, the name and 
address of the patient: Provided, that the provisions of this section 
shall not apply to sales at wholesale by any manf acturer or wholesale 
dealer, who shall sell to the retail druggist, or other person so sold, 
as original packages only, when such manufacturer or wholesale dealer 



MEDICINE AND SURGEKY 249 



shall have affixed to each box, bottle or package containing such co- 
caine, hydro- chlorate, or salts or compounds of cocaine, or prepara- 
tions containing cocaine, a label specifically setting forth the propor- 
tion of cocaine contained therein. 

§ 14b. Any druggist or other person who shall retail or sell any 
cocaine, hydro-chlorate, or salts or compounds of cocaine, or any 
preparation containing cocaine, or salts or compounds thereof, in vio- 
lation of this act, and any druggist or other person who shall pre- 
scribe any cocaine, hydro-chlorate, or salts or compounds of cocaine, 
or any preparation containing cocaine, or salts or compounds thereof, 
to any person addicted to the habitual use of cocaine, or any prepar- 
ation or compound thereof, in any form, shall, for the first offense, be 
fined the sum of not less than fifty dollars nor more than two hun- 
dred dollars, and for each subsequent offense not less than two hun- 
dred dollars nor more than one thousand dollars; and if the person 
so offending shall have a license as a physician, dentist or pharmacist, 
such license shall be revoked. 

§ 16. An aot entitled "An act to amend an act entitled 'An act to 
amend an act entitled 'An act to regulate the practice of pharmacy 
in the State of Illinois,' " approved May 30, 1881, in force July 1, 
1881, as amended by an act approved June 4, 1889, in force July 1, 
1889, in force July 1, 1895, and an act entitled "An act for the regu- 
lation for [of] the sale of cocaine and all preparations containing co- 
caine," approved June 11, 1897, in force July 1, 1897, are hereby re- 
pealed: Provided, that nothing in this section or this act contained 
shall be construed to interfere with the term of office of any officer 
heretofore appointed under the said act, and nothing in this act con- 
tained shall be construed to interfere with or cancel any certificate of 
registration or privilege granted under said act, but the officers here- 
tofore appointed, and any certificate of registration or privilege here- 
tofore granted, shall continue in force, and be and remain for and 
during the period as provided in the said act. 

Approved May 13, 1903. 



250 MINES AND MINING. 



MINES AND MINING. 



ATTENDANTS AT DOORWAYS IN MINES. 

I 1. Amends section 19. act of 1899. Approved May 13, 1903. 

§ 19lf.] Attendants at doorways- 
places of shelter— automatic 
doors. 

An Act to amend section nineteen (19) , paragraph f of an act en- 
titled, "An act to revise the laws in relation to coed mines and sub- 
jects relating thereto, and providing for the health and safety of 
persons employed therein" approved April 18, 1899, in force July 
1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section nineteen 
(19), paragraph f, of an act entitled, "An act to revise the laws 
in relation to coal mines and subjects relating thereto, and provid- 
ing for the health and safety of persons employed therein," approved 
April 18, 1899, in force July 1, 1899, be amended to read as follows: 

§ 19. Trappers.] (f.) At all principal door- ways, through which 
cars are hauled, an attendant shall be employed for the purpose of 
opening and closing said doors when trips of cars are passing to and 
from the workings. Places for shelter shall be provided at such 
door-ways to protect the attendants from being injured by the cars 
while attending to their duties. Provided, that in any or all mines, 
where doors are constructed in such a manner as to open and close 
automatically, attendants and places for shelter shall not be required. 

Approved May 13, 1903. 



INSPECTION OF MINES. 



§ 1. Amends section 6, act of 1899. Approved May 14, 1903. 

§ 6, Appointment of mining board- 
appointment of inspectors— 
(a) composition of board— (b) 
term of office— organization— 
(c) location of office— (d) meet- 
ings of board— examinations 
for inspectors — notice — (e) 
rules governing examinations. 

An Act to amend section 6 of an act entitled, ' 'An act to revise the 
law in relation to coal mines and subjects relating thereto, and 
providing for the health and safety of persons employed therein," 
approved April 18, 1899, in force July 1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly : That section 6 of an act en- 
titled, 'An act to revise the law in relation to coal mines and subjects 



MINES AND MINING. 251 



relating thereto, and providing for the health and safety of persons 
employed therein," approved April 18, 1899, in force July 1, 1899, 
be, and the same is hereby, amended to read as follows: 

§ 6. For the purpose of securing efficiency in mine inspection 
service, and a high standard of qualification in those who have the 
management and operation of coal mines, the State Commission- 
ers of Labor shall appoint a board of examiners, to be known as the 
State Mining Board, whose duty it shall be to make formal inquiry 
into and pass upon the practical and technical qualifications and 
personal fitness of men seeking appointments as State inspectors of 
mines, and of those seeking certificates of competency as mine 
managers, hoisting engineers and as mine examiners. 

(a) This board shall be composed of five members, two of whom 
shall be practical coal miners, one a practicing hoisting engineer, 
and two coal operators, one of whom shall be an expert mining en- 
gineer. 

(b) Their appointment shall date from July 1, 1899, and they 
shall serve for a term of two years, or until their successors are ap- 
pointed and qualified; they shall organize by the election of one of 
their number as president, and some suitable person, not a member 
as secretary, after which they shall all be sworn to a faithful per- 
formance of their duties. 

(c) The Seoretary of State shall assign to the use of the board, 
suitably furnished rooms in the State House for such meetings as 
are held at the Capitol, and shall also furnish whatever blanks, 
blank books, printing and stationery, the board may require in the 
discharge of its duties. 

(d) The board shall meet at the Capitol in regular session on 
the second Tuesday in September of the year 1899, and bi-ennally 
thereafter, for the examination of candidates for appointment as 
State inspectors of mines; for the examination of persons seeking 
certificates of competency as mine managers, hoisting engineers and 
mine examiners. The board shall hold meetings at such times and 
places within the State as shall, in the judgment of the members, 
afford the best facilities to the greatest number of probable candi- 
dates. Special meetings may also be called by the Commissioners 
of Labor whenever, for any reason, it may become necessary to ap- 
point one or more inspectors. Public notice shall be given through 
the press or otherwise, announcing the time and place at which ex- 
aminations are to be held. 

(e) The examinations herein provided for shall be conducted 
under such rules, conditions and regulations as the members of the 
board shall deem most efficient for carrying into effect the spirit 
and intent of this act. Such rules, when formulated, shall be made 
a part of the permanent record of the board, and such of them as 



252 MINES AND MINING. 



relate to candidates shall be published for their information and 
governance prior to each examination; they shall also be of uniform 
application to all candidates. 

Approved May 14, 1903. 



POWDER-USE IN COAL MINES 
§ 1. Quantity of powder for shot limited. 
3 2. "Inch" defined— how measured. 



§ 3. Shooting "dead holes"— tamping reg- 
ulated. 



4. Violations of act a misdemeanor— pen- 
alty. 



I 6. Emergency. 
Approved May 14. 1903. 



An Act concerning the use of powder in coal mines. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That, in all coal mines in 
this State, where coal is blasted, the quantity of powder used in the 
preparation of shots shall not in any case exceed sixty inches in coal 
seams five and one-half feet and over; and shall not exceed forty- 
eight inches in coal seams under five and one-half feet in thickness. 

§ 2. For the purpose of determining the quantity of powder, pre- 
scribed in section one (1) of this act, to be used in the preparation 
of any given shot, an inch of powder shall be one lineal inch, one and 
one- half inches in diameter, and it shall be measured in a metallic 
oharger not to exceed twelve inches in length and one and one-half 
inches in diameter. 

§ 3. No person shall drill or shoot what is known as a "dead" 
hole for any part of its depth; nor tamp any drill hole with drill dust, 
or other combustible material. 

§ 4. Any violation of any of the conditions or requirements of 
this act shall be deemed a misdemeanor, punishable by a fine of not 
less than ten dollars ($10) and not exceeding one hundred dollars, 
($100), or by imprisonment in the county jail for a period not ex- 
ceeding three months or both, at the discretion of the court. 

§ 5. Whereas, An emergency exists, therefore, this act shall 
take effect and be in force from and after its passage and approval. 

Approved May 14, 1903. 



§ 1. Wash rooms shall be provided by 
owners and operators— arrangement 
of rooms. 



WASH ROOM FOR MINERS. 

§ 2. Violation of act a misdemeanor— pen- 
alty. 
Approved May 14. 1903. 



An Act to require owners and operators of coal mines to provide 
every coal mine with wash rooms for the use of the miners therein 
employed. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every owner or operator 
of a coal mine in this State shall provide and maintain a wash room 



MINES AND MINING — MORTGAGES. 253 



at a convenient place at the top of each mine for the use of the miners 
and other employes of such mine; and such wash room shall be so 
arranged that such miners and other employes may hang therein 
their clothes, for the purpose of drying the same. 

§ 2. Any mine owner or operator who shall fail or refuse to com- 
ply with the provisions of this act shall be deemed guilty of a mis- 
demeanor, and, on conviction thereof, shall be fined not more than 
one hundred dollars, and shall stand committed to the county jail 
until such fine is fully paid. 

Approved May 14, 1903. 



MORTGAGES. 



MORTGAGES-ACKNOWLEDGING AND RECORDING. 



§ 1. Amends section 2 and 4, act of 1874. 

I 2. Acknowledgment— form of cer- 
tificate. 



4. Recording mortgage— renewal 
before expiration. 



Approval May 15, 1903. 



An Act to amend section [sections] two and four of an act entitled, 
"An act to revise the law in relation to mortgages of real 
and personal property," approved March 26, 1874, in force July 
1, 1874, as amended by an act approved May 30, 1881, in force 
July 1, 1881, and as amended by an act approved June 17, 1891, 
and in force July 1, 1891. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That sections two and four 
of an act entitled, "An act to revise the law in relation to mortgages 
of real and personal property," appproved March 26, 1874, in force 
July 1, 1874, as amended by an act approved May 3u, 1881, in force 
July 1, 1881, and as amended by an act approved June 16, 1887, and 
in force July 1, 1887, and as amended by an act approved June 17, 
1891, and in force July 1, 1891, be amended to read as follows: 

§ 2. Such instrument shall be acknowledged before a justice of 
the peace of the county where the mortgagor resides, or before the 
county judge of the county in which the mortgagor resides; or if the 
mortgagor is not a resident of this State at the time of making 
the acknowledgment, then before any officer authorized by law to 
take acknowledgment of deeds: Provided, that in counties hav- 
ing a population of more than 200,000, such instrument shall be 
acknowledged before a justice of the peace of the town or precinct 
where the mortgagor resides. The certificate of acknowledgment 
may be in the following form: This (name of instrument) was ac- 
knowedged before me by (name of grantor) , (when the acknowledg- 
ment is made by a resident, insert the words, "and entered by me") 

this day of 19 ... . Witness my hand and seal 

(name of officer.) [Seal.] 



254 MORTGAGES — PARKS AND BOULEVARDS. 



§ 4. Such mortgage, trust deed or other conveyance of personal 
property acknowledged as provided in this act, shall be admitted to 
record by the recorder of the county in which the mortgagor shall 
reside at the time when the instrument is executed and recorded, or in 
case the mortgagor is not a resident of this State, then in the county 
where the property is situated and kept, and shall thereupon, if bona 
fide, be good and valid from the time it is filed for record until the 
maturity of the entire debt or obligation, or extension thereof made 
so hereinafter specified: Provided, such time shall not exceed three 
years from the filing of the mortgage, unless within thirty days next 
preceding the expiration of such three years, or if the debt or obli- 
gation matures within such three years, then, within thirty days next 
preceding the maturity of said debt or obligation, the mortgagor and 
mortgagee, his or their agent or attorney, shall file for record in the 
office of the recorder of deeds of the county where the original mort- 
gage is recorded, also with the justice of the peace, or his successor, 
upon whose docket the same was entered, an affidavit setting forth 
particularly the interest which the mortgagee has by virtue of such 
mortgage in the property therein mentioned, and if such mortgage is 
for the payment of money, the amount remaining unpaid thereon, 
and the time when the same will become due by extension or other- 
wise; which affidavit shall be recorded by such recorder,, and be en- 
tered upon the docket of said justice of the peace, and thereupon the 
mortgage lien originally acquired shall be continued and extended 
for and during the term of one year from the filing of such affidavit, 
or until the maturity of the indebtedness or extension thereof secured 
by said mortgage: Provided, such time shall not exceed one year 
from the date of filing such affidavit. 

Approved May 15, 1903. 

PARKS AND BOULEVARDS. 



ALTERATION AND ENLARGEMENT OF PARK SYSTEMS. 

§ 3. Amends title to act of April 21, 1899. 
I 4. Emergency. 
Approved April 29, 1903. 



Park commissioners of any three towns 
may acquire additional territory to 
enlarge park system. 



\ 2. Payment for territory acquired pro- 
vided for. ■ 

An Act to amend an act entitled, "An act to enable park commis- 
sioners to alter or enlarge park systems under their control by 
acquiring additional lands or territory contiguous to or abutting 
upon any park, boulevard or driveway under the control of such 
park commissioners , and to pay for the lands or territory thus 
acquired,'''' approved April 21, 1899, in force July 1, 1899, and to 
amend the title thereof. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That "An act entitled, "An 
act to enable park commissioners to alter or enlarge park systems 



PARKS AND BOULEVARDS. 255 



under their control by acquiring additional lands or territory con- 
tiguous to or abutting upon any park, boulevard or driveway under 
the control of such park commissioners, and to pay for the lands or 
territory thus acquired," approved April 21, 1899, in force July 1, 
1899, be amended to read as follows: 

§ 1. That persons who have been, or may be appointed, or other- 
wise selected as commissioners or officers, and constituted a board of 
public park commissioners for any three towns, under and in pur- 
suance of any act or acts of the General Assembly of this State, 
which has or have been or may be submitted to the legal voters of 
such three towns, and by them respectively adopted, for the purpose 
of locating, establishing, enclosing, improving or maintaining any 
public park, boulevard, driveway, highway or other public work or 
improvement, who may desire to alter or enlarge the park system 
under their control by acquiring additional lands or territory lying 
within the district or territory, the property of which shall be taxable 
for the maintenance of the parks or boulevards under the control of 
such park commissioners, are hereby vested with power to take and 
acquire title, from time to time, by gift, purchase, condemnation or 
otherwise, to such pieces, parcels or tracts of land as may in their 
judgment be necessary for such alteration or enlargement, and in 
case said commissioners cannot agree with the owner or owners, les- 
sees or occupants, or persons interested in any of the various lots, 
blocks or parcels of land selected, they may proceed to procure con- 
demnation of the same in a manner prescribed in the act of the Gen- 
eral Assembly of the State of Illinois, entitled, "An act to provide 
for the exercise of the right of eminent domain," approved April 10, 
1872, in force July 1, 1872, and amendments thereto; and it shall be 
lawful for such park commissioners to vacate and close any highway, 
street or alley which may pass through, divide or separate any lands 
so acquired provided the consent of the municipal authorities hav- 
ing control of the highway, street or alley so taken shall be first 
obtained. 

§ 2. Such park commissioners shall have the power to pay for the 
acquisition and improvement of any lands or territory selected for the 
purposes herein authorized out of their general revenues or by the issue 
and sale of interest bearing bonds, in addition to the bonds now 
authorized by law to be issued and sold by such park commissioners: 
Provided, no bond shall be issued under this act contrary to the pro- 
visions of section 12, article 9, of the constitution of this State: 
And, provided further, that the proposition to issue such bonds shall 
be submitted to a vote of the legal voters of such park district and 
receive a majority of the votes cast upon such proposition. And 
authority is hereby expressly granted to the park commissioners 
issuing such bonds to levy and collect a direct annual tax upon the 
property within their jurisdiction, in addition to the amount of any 
tax now authorized by law to be levied and collected by them, suffi- 
cient to pay the interest on said bonds as it falls due and also to pay 
and discharge the principal thereof within twenty (20) years from the 
date of issuing said bonds, and the county clerk of the county in 



256 PARKS AND BOULEVARDS. 



which such park district is located or such other officer or officers as 
are by law authorized to spread or assess taxes for park purposes and 
other purposes shall, on receiving a certificate from such park com- 
missioners that the amount mentioned in such certificate is necessary 
to pay the interest on said bonds, and also to pay and discharge the 
principal thereof within twenty (20) years from the date of issuing 
said bonds, spread and assess such amount upon the taxable property 
embraced in said park district the same as other park taxes are by law 
spread and assessed, and the same shall be collected and paid over 
the same as other park taxes are now required by law to be collected 
and paid. 

§ 3. That the title of said act be amended to read as follows: 
"An Act to enable park commissioners to alter or enlarge park 
systems under their control by acquiring and improving additional 
lands or territory, and to pay for such acquisition and improvement." 

§ 4. Whereas, There is a necessity for the immediate acquisition 
of the lands contemplated in this act; therefore, an emergency exists, 
and this aot shall take effect and be in force from, and after its 
passage. 

Approved April 29, 1903. 



ENLARGEMENT AND CONNECTION OP PARKS AND BOULEVARDS. 



\ 1. Extending parks, etc., over public 
waters— navigation not to be inter- 
fered with. 

g 2. Connecting parks by driveways con- 
structed on or over bed of public 
waters. 

S 3. Riparian rights may be acquired by 
board. 



3 4. Title acquired 'vests in park board- 
title to submerged land between 
driveway and shore bed of Lake 
Michigan. 

I 5. No extension authorized beyond limits 
of park district. 

Approved May 14, 1903. 



An Act to enable park commissioners having control of a park or 
parks bordering upon public waters in this State, to enlarge and 
connect the same from time to time by extensions over lands and 
the bed of such waters, and defining the use which may be made of 
such extensions, and granting submerged lands for the purpose of 
such enlargements. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every board of park 
commissioners existing under the laws of this State, which now has, 
or may hereafter have, or acquire control over any public park, 
boulevard or driveway, bordering upon any public waters in this 
State, shall have the power to extend such park, boulevard or drive- 
way over and upon the bed of such public waters: Provided, how- 
ever, that no such extension shall be made which shall interfere with 
the practical navigation of such public waters, for the purposes of 
commerce, without due authority from the proper official of the 
United States government having control thereof. 



PARKS AND BOULEVARDS. 257 



§ 2. Every board of park commissioners existing under the laws 
of this State which now has, or may hereafter have, or acquire, con- 
trol over two or more separate public parks, whether they constitute 
a part of one park system or not, bordering upon any body of public 
water in this State, shall have power to connect the same by con- 
structing a boulevard, driveway or parkway extending over and upon 
the bed of such public waters, and over and upon any lands pene- 
trating into such waters, and may extend any such park by construct- 
ing a boulevard, driveway or parkway over any private property, and 
over any navigable river or any part thereof which lies within the 
territory, the property of which shall be taxable for the maintenance 
of the park under the control of said board, so as to connect such 
boulevard, driveway or parkway with any boulevard, driveway or 
parkway now or hereafter constructed, and connected with or form- 
ing a part of any other park system ; and in extending such park or 
in constructing such boulevard, driveway or parkway, the said board 
of park commissioners may construct such viaducts, bridges or tun- 
nels, or parts of viaducts, bridges or tunnels, within its said territory 
as to it may seem necessary: Provided, however, that no such ex- 
tension which shall be made, shall interfere with the practical navi- 
gation of such public waters or rivers for the purposes of commerce, 
without due authority from the proper official of the United States 
government having control thereof. 

§ 3. The riparian or other rights of the owners of land on the 
shores adjoining the waters or rivers in which it is proposed to con- 
struct any such extension or connection, the title of the private 
owners, if any there be, of lands lying beneath such public waters or 
rivers, and the title of the owners of any lands penetrating into such 
public waters or of any land into, upon, or over which it is proposed 
to construct such extension or connection, or viaduct, bridge or tun- 
nel, may be acquired by the said board of park commissioners by 
contract with, or deeds from, any such owner or owners, and such 
park commissioners shall have the power to pay for any such rights, 
lands, or territory thus acquired, out of its general revenue. 

§ 4. The title to any such extension or connection of such park 
or parks, boulevards, driveways and parkways, and to the bed thereof 
shall be, and thereby become vested in such board of park commis- 
sioners for public purposes, and the same shall thereby become a part 
of the public park or parks under the control of such board, and shall 
thenceforth be maintained and controlled by such board in the man- 
ner provided by law for the government and maintenance of other 
parks, boulevards and driveways under its control, and in all cases 
where any boulevard, driveway or parkway is extended or constructed 
under the provisions of this act, the title to the submerged lands 
lying between the shore of such public waters and the inner line of 
the extension of such boulevard, driveway or parkway, shall be, and 
thereby become vested in such board of park commissioners; and in 

—17 



PAEKS AND BOULEVARDS. 



case any such extension or connection as provided in this act shall 
be made into, over or upon the bed of Lake Michigan by any such 
board of park commissioners, then the right, title and interest of the 
State of Illinois in and to the bed of so much of said Lake Michigan 
shall be vested in such board of park commissioners, as in other 
cases provided in this act, and for the same purposes and with the 
same rights and power. 

§ 5. No such board of park commissioners shall be hereby au- 
thorized to extend any of its park or boulevard system outside of or 
beyond the limits of the district or territory, the property of which 
shall be taxable for the maintenance of the parks under the control 
of such board, except into, over, and upon public waters or rivers 
adjoining or being a part of such district. 

Approved May 14, 1903. 



ENLARGEMENT AND EXTENSION OP PARKS. 



i 1. Parks lying in two towns and fronting 
on lake empowered to issue bonds 
from time to time— amount restricted 
—authority to act must be filed with 
county clerk. 

§ 2. Bonds— when issued— rate of interest- 
time to run. 



2 3. 



Bonds— sale of— issued by one town 
only. 



2 4. 



?. 6. 



Taxation for payment of bonds and 
park maintenance. 



Payment of 
authorized. 



bonds — sinking fund 



Petition for issue of bonds— contents- 
filing— submission to electors. 



§ 7. Emergency. 
Approved May 14, 1903 



An Act to provide for the enlargement and extension of parks. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cases where a pub- 
lic park within specified boundaries, fronting on the shore of a lake, 
lies in two towns, and where the commissioners of suoh park have 
been named and the act establishing the same, and their successors 
have since been appointed by the Governor of the State, and the 
supervisors and assessors of said towns have been heretofore declared 
to be corporate authorities, the supervisor and assessor of such towns, 
or the supervisor and assessor of either of such towns, or such public 
officials as are by statute declared to be ex officio town supervisors 
and assessors, as the corporate authorities of such town or towns, are 
hereby empowered upon the written request to that effect of such 
board of park commissioners, or the successors thereof, to authorize 
the issue of bonds from time to time, in the name of such town, in 
an amount including the existing indebtedness of such town so that 
the aggregate indebtedness of such town shall not exceed five per 
centum of the value of the taxable property therein, to be ascertained 
by the last assessment for State or county taxes previous to the issue, 
from time to time, of such bonds, such authorized issue not to exceed 
in the aggregate the sum of $1,000,000 in addition to the amount pre- 
viously authorized by law. Such authority shall be in writing, signed 



PARKS AND BOULETARDS. 259 



by the supervisor and assessor of the town issuing said bonds, or such 
public officials as are by statute declared to be ex officio town super- 
visors and assessors. A copy of this authority shall be filed with the 
county clerk, and another copy shall be filed with said board of park 
commissioners, to be by them recorded in their record of proceedings 
of said board. 

§ 2. Such bonds shall be issued when authorized as aforesaid, in 
the name of said town, by said board of park commissioners, and shall 
be signed by its president and treasurer, and countersigned by its 
secretary, with its seal attached. Said bonds shall bear interest at a 
rate not to exceed five per centum per annum, payable semi-annually, 
and the principal shall be paid at such place and such time, not ex- 
ceeding twenty years from the date of issue of said bonds, as such 
board or park commissioners may determine. 

§ 3. Said board of park commissioners may sell said bonds, or so 
much of the authorized issue as shall not exceed five per centum of 
the value of the taxable property situated in said town, so that the 
amount of the bonds issued, together with the existing aggregate in- 
debtedness of such town shall not exceed five per centum of the value 
of the taxable property situated therein, and the proceeds thereof 
shall be used exclusively for the extension and enlargement of said 
park: Provided, however, that in the event said bonds are issued by 
one of the towns in which said park is situated, the proceeds thereof 
shall be used for the extension and enlargement of only such part of 
the park as is situated in the said town issuing said bonds. 

§ 4. In addition to the amount of money authorized to be raised 
by taxation on the property of such town, for park and boulevard 
purposes, during the next succeeding year, and each year thereafter 
in the manner provided by statute, there shall be added the amount 
of interest payable on said bonds during the next year and each suc- 
ceeding year thereafter, also an additional sum sufficient to pay and 
discharge the principal of said bonds within twenty years from the 
date of issuing the same, and there shall also be added a sum suffi- 
cient to maintain the part of said park so extended and enlarged. 

§ 5. For the purpose of providing for the payment of interest on 
such bonds as it falls due, and also repay and discharge the princi- 
pal thereof as the same shall mature, any such board of park com- 
missioners are hereby required each year to appropriate from the 
amount authorized to be raised by taxation on the property in such 
town, a sum sufficient to meet the interest upon such bonds as it may 
accrue, and to provide a sinking fund for the purpose of paying the 
principal of such bonds. 

§ 6. Any one hundred legal voters resident within the limits of 
either of such towns within which said park may be established, 
may petition the county judge of the county within which such 
towns lie, to cause the question to be submitted to the legal voters 
of such town at the next general election to be held in the county or 
city within which such town is situated, whether they will authorize 



260 PARKS AND BOULEVARDS. 



the issue of said bonds hereinbefore described, for said purpose. 
Such petition shall be addressed to the judge of the county court of 
the county in which such town is situated, and shall contain a defi- 
nite and clear description of the land or territory intended to be ac- 
quired for the purpose of such enlargement or extension, or if such 
extension is proposed to be made by any plan not wholly requiring 
the acquisition of land or territory, then such petition shall contain 
a clear exposition of the manner in which such proposed extension 
or enlargement is to be accomplished. Upon the filing of such peti- 
tion, it shall be the duty of the county judge to order said question 
to be submitted to the voters in the said town at the next general city 
or special election, as aforesaid, and if the majority of the votes cast 
upon that issue in the town in which such question is submitted, is 
in favor of the proposed issue of bonds, then said bonds shall be is- 
sued and used in the manner and form herein before specified. 

§ 7. Whereas, An emergency exists, therefore, this act shall 
take effect and be in force from and after its passage. 

Approved May 14, 1903. 

enlargement of parks bordering on public waters. 

I 1. Amends section 3, act of 1895. Approved May 14, 1903. 

§ 2. Riparian rights may be acquired 
—action of land owners— hear- 
ing in circuit court— decree- 
proceedings where parties in- 
terested are unable to con- 
tract. 

An Act to amend section 2 of an act entitled "An act to enable park 
commissioner b, having control of any park bordering upon public 
waters in this State, to enlarge the same from time to time, and 
granting submerged lands for the purpose of such enlargement, 
and to defray the cost thereof" approved June 15, 1895, in force 
July 1, 1895" 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That section 2 of an act 
entitled "An act to enable park commissioners having control of any 
park bordering upon public waters in this State, to enlarge the same 
from time to time, and granting submerged lands for the purpose of 
such enlargement, and to defray the cost thereof," approved June 15, 
1895, in force July 1, 1895, be, and the same is hereby, amended so 
as to read as follows : 

§ 2. The riparian rights of the owners of lands along the 
shore adjoining such submerged land, and such land along the said 
shore as to the said board shall seem necessary and desirable, the 
said board of commissioners may acquire by contract with or deeds 
from any such owner, and in case of inability to agree with any such 
owner, proceedings may be had to condemn such rights and such 
lands according to the provisions of article 9 of an act entitled "An 
act toprovide for the incorporation of cities and villages," approved 
April 10, 1872, and the amendments thereof. 



PARKS AND BOULEVARDS. 261 



In all cases in which said board of park commissioners shall have 
acquired or contracted to acquire the riparian rights of the owners 
of any land along the shore adjoining such submerged land, the 
owners of such shore land may file a petition or bill in chancery on 
the chancery side of the circuit court of the county in which said 
lands are situated, to which bill or petition the said board of park 
commissioners shall be made defendants, praying that the boundary 
line between the lands of the petitioners or complainants in said suit 
and the lands acquired by the said board of park commissioners 
under this act, may be established and defined by the decree of said 
circuit court. The defendants) shall be served with process in the 
suit so instituted in the same manner as in suits in chancery, and the 
proceedings in said cause may be conducted in the same manner as 
in other suits in chancery, and the court shall have power by its final 
decree in said cause to establish the dividing or boundary line be- 
tween the lands of the petitioners or complainants and the lands of 
the said board of park commissioners adjacent thereto, and the line 
so established by the decree or judgment of the said circuit court 
shall be the permanent boundary line of said shore lands, which shall 
not be affected or changed thereafter, either by accretions or erosions, 
and the owners of said shore lands shall have the right to improve, 
protect, sell and convey the shore lands up to the boundary line so 
established, free from any adverse claim in any way arising out of 
any question as to where the shore line was at any time in the past or 
as to the title to existing accretions, if any, to said shore land. And 
in the event that any owner or party interested in any of the said 
shore lands shall be unable to contract with said park commissioners by 
reason of minority or other disability, a petition or bill in chancery 
may be filed ^by the guardian or next friend of such owner on the 
chancery side of the circuit court in the county in which such lands 
are situated, to which the said board of park commissioners shall be 
made defendants, praying that such proceedings may be had and 
such order or decree entered as may be necessary or proper to pro- 
tect the interests of the said petitioner or complainant in said shore 
lands. The defendants shall be served with process in the same 
manner as in suits of chancery, and the proceedings in said cause 
shall be conducted in the same manner as in other suits in chancery, 
and the court shall have power by its final decree, upon such terms 
and conditions as it may deem reasonable and fair, to transfer to said 
board of park commissioners all the riparian rights of the petitioner 
or complainant, and also to establish the boundary line between the 
lands owned by the petitioner or complainants, and the lands of said 
board of commissioners. 

Approved May 14, 1903. 



262 PARKS AND BOULEVARDS. 



FREE PUBLIC LIBRARIES IN PARKS. 



g 1. Free public libraries may be located in 
parks— rights of owners of abutting 
lands may be acquired by condemna- 
tion. 

g 2. Control and management of library. 



I 3. Action required of library trustees and 
park board to make act effective. 

§ 4. Repeal. 

Approved May U, 1903. 



An Act entitled, "An act concerning free public libraries in 
public parks.'''' 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the corporate authori- 
ties of cities and park districts, or any board of park commissioners 
having the control or supervision of any public park or parks, are 
hereby authorized to permit any free public library, organized under 
the terms and provisions of an act entitled, "An act to encourage and 
promote the establishment of free public libraries in cities, villages 
and towns of this State," approved June 17, 1891, in force July 1, 
1891, to erect and maintain, at its own expense, its library building 
within any public park now or hereafter under the control or super- 
vision of such city, park district or board of park commissioners, 
and to contract with any such free public library relative to the 
erection, maintenance and administration thereof. If any owner or 
owners of any lands or lots abutting or fronting on any such park, 
or adjacent thereto, or any other person or persons, have any right, 
easement , interest or property in such public park appurtenant to 
their lands or lots or otherwise, which would be interfered with by 
the erection and maintenance of any free public library building, as 
hereinbefore provided, or any right to have such public park, or any 
part thereof, remain open and vacant and free from any buildings, 
the corporate authorities of the city or park district or any board of 
park commissioners, having control of such park, may condemn the 
same in the manner prescribed in an act of the General Assembly 
entitled, "An act to provide for the exercise of the right of eminent 
domain," approved April 10, 1872, in force July 1, 1872, and the 
amendments thereto. 

§ 2. The directors, trustees or managers of any public library 
which shall erect its library building in or upon any public park, 
under the terms and provisions as aforesaid, shall, so long as said 
building is maintained as a free public library, control, direct and 
manage the affairs of such library, as heretofore, under the terms 
and provisions of an act entitled, "An act to encourage and promote 
the establishment of free public libraries in cities, villages and 
towns of this State," approved June 17, 1891, in force July 1, 
1891, and in all respects the same as though the said building 
was not erected in or upon a public park. 

§ 3. In case the directors, trustees or managers of any free 
public library, or a majority of them, shall make request in writing, 
of the corporate authorities of such city, park district or board of 
park commissioners, for permission to erect a free public library 



PARKS AND BOULEVARDS. 263 



building in or upon any public park, under the control, supervision 
or jurisdiction of such city, park district or board of park commis- 
sioners, designating the site desired and the general style, and 
approximate cost of such building, it shall be the duty of such au- 
thorities to submit the question of granting such request to the 
legal voters of such city or park district at the next municipal elec- 
tion; and if a majority of the legal voters, voting upon such ques- 
tion at any such election, shall favor the granting by said city, park 
district or board of park commissioners of the aforesaid request, 
then the said authorities or board of park commissioners shall author- 
ize the erection of said building, as aforesaid, and if necessary pro- 
ceed to condemn, as aforesaid, any right, easement or interest, be- 
longing to such abutting property owners, which would be interfered 
with by the erection of said library building, and such city or park 
district shall have the power to pay for any right, easement or in- 
terest so condemned out of its general revenues. 

§ 1. All acts or parts of acts, inconsistent with the foregoing, or 
any part thereof, be, and the same are hereby repealed. 

Approved May 14, 1903. 



MUSEUMS IN PUBLIC PARKS. 



§ I. Amends act of 1893. 



§ 1. Authorizes maintenance of 
museums in public parks- 
maximum admission fee fixed 
—condemnation of abutting 
property. 



§ 2. Additional tax of ^ mill author- 
ized for maintenance of 
museum. 

Approved May 14. 1903. 



An Act to amend an act entitled, "An act concerning museums in 
public parks ," approved June 17, 1893, in force July 1, 1893. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled, "An 
act concerning museums in public parks," approved June 17, 1893, 
in force July 1, 1893, be, and the same is hereby, amended so as to 
read as follows: 

§ 1. That the corporate authorities of cities and park districts hav- 
ing the control or supervision of any public park or parks, are hereby 
authorized to purchase, erect and maintain within any public park, 
under the control or supervision of such corporate authorities, edi- 
fices to be used as museums for the collection and display of objects 
pertaining to natural history or the arts and sciences, or to permit 
the directors or trustees of any museum devoted to either of the pur- 
poses aforesaid, now located in any public park under the control or 
supervision of any city or park district, to erect and maintain its 
museum or museums within any public park now or hereafter under 
the control or supervision of any city or park district, and to con- 
tract with the directors or trustees of any such museum or museums 
relative to the erection and maintenance thereof. Such cities and 



264 PARKS AND BOULEVARDS. 



park distriots may charge, or permit said museums to charge an ad- 
mission fee, not to exceed 25 cents for each visitor over ten years of 
age, and not exceeding 10 cents for each visitor of ten years of age 
and under, the proceeds of such admission fee to be devoted exclus- 
ively to the maintenance of such museums : Provided, that all such 
museums shall be open to the public without charge for three days 
each week, and to the children in actual attendance upon any of the 
schools, in this State, at all times. If any owner or owners of any 
lands or lots abutting or fronting on any such public park, or adja- 
cent thereto, have any private right, easement, interest or property 
in such public park appurtenant to their lands or lots, or otherwise, 
which would be interfered with by the ereotion and maintenance of 
any museum as hereinbefore provided, or any right to have such 
public park remain open or vacant and free from buildings, the cor- 
porate authorities of the city or park district, having control of such 
park, may condemn the same in the manner prescribed in an act of 
the General Assembly entitled, "An act to provide for the exercise 
of the right of eminent domain," approved April 10, 1872, in force 
July 1 , 1872, and the amendments thereto. 

§ 2. That any board of park commissioners, having control of a 
public park, within which there shall be maintained any museum or 
museums of art, sciences or natural history, under the provisions of 
this act, is hereby authorized to annually levy a tax (in addition to 
all other taxes authorized by law) of one-half mill on each dollar of 
taxable property embraced in said district, according to the valuation 
of the same as made for the purpose of State and county taxation by 
the general assessment last preceding the time when such one-half 
mill tax shall be levied for the purpose of maintaining and caring 
for such museum or museums, and the buildings and grounds there- 
of; and the proceeds of such additional tax shall be kept as a sepa- 
rate fund: Provided, the proposition to annually levy a tax as 
herein authorized shall first be submitted to a vote of the legal voters 
of such park district, and receive a majority of the votes cast upon 
such proposition. 

Approved May 14, 1903. 



PARKS AND BOULEVARDS. 265 



PARKS FOR ANY THREE TOWNS. 



I 1. Amends act of 1899. 



Approved May 14, 1903. 



I 1. Commissioners of park for any 
three towns may levy addi- 
tional 2 mill tax for improve- 
ment and maintenance of 
parks. 

An Act to amend an act entitled, "An act to enable park commis- 
sioners to maintain and govern parks, boulevards, driveways, 
promenades and pleasure grounds under their control," approved 
April 21, 1899, and in force July 1, 1899. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled, "An act 
to enable park commissioners to maintain and govern parks, boule- 
vards, driveways, promenades and pleasure grounds under their con- 
trol," approved April 21, 1899, in force July 1, 1899, be, and the same 
is hereby, amended so as to read as follows: 

Section 1. That persons who have been or may be appointed or 
otherwise selected as commissioners or officers, and constituted a 
board of public park commissioners for any three towns under and 
in pursuance of any act or acts of the General Assembly of this 
State, which has, or have been or may be submitted to the legal 
voters of such three towns and by them respectively adopted for the 
purpose of locating, establishing, enclosing, improving or maintain- 
ing any public park, boulevard, driveway, highway or other public 
work or improvement, shall, in addition to the amount of money now 
authorized to be raised by any such board by taxation on the property 
embraced in such park district in such three towns, be annually 
allowed a sum not exceeding two (2) mills on each dollar of taxable 
property embraced in such park district, according to the valuation 
of the same, as made for the purpose of State and county taxation by 
the general assessment last preceding the time when such two (2) 
mill tax shall be levied. And the county clerk of the county in 
which such park district is located, or such other officer or officers, as 
are by law authorized to spread or assess taxes for park purposes and 
other purposes, shall, on receiving a certificate from such board of 
park commissioners that the amount mentioned in such certificate, 
not exceeding the amount aforesaid, is necessary for the proper im- 
provement, governance and maintenance of the park property under 
its control, spread and assess such amount upon the taxable property 
embraced in such park district, the same as other park taxes are by 
law spread and assessed, and the same shall be collected and paid 
over the same as other park taxes are now required by law to be col- 
lected and paid. 

Approved May 14, 1908. 



266 



PARKS AND BOULEVARDS. 



PARKS IN TWO OR MORE TOWNS-ALTERATION AND ENLARGEMENT. 

g 2. Emergency. 



g 1. Submerged lands may be included in 
adjacent parks — navigation re- 
spected. 



Approved May 14, 1903. 



An Act to enable the corporate authorities of two or more toivns,for 
park purposes, to alter or enlarge the parks under their control. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That park commissioners 
who are, or shall be, the corporate authorities of two or more towns 
for park purposes, and who shall have under their supervision or con- 
trol any public park or portion thereof, under or by virtue of any 
ordinance passed by any city council, is hereby authorized to alter 
or enlarge the boundaries of such park by including therein the sub- 
merged lands adjacent to or bordering upon such park: Provided, 
that such alteration or enlargement shall not interfere with the prac- 
tical navigation of any public waters lying within the State, or ex- 
tend beyond the harbor line established by the Secretary of War. 

§ 2. Whereas, There is a necessity for the immediate alteration 
or enlargement contemplated in this act, therefore, an emergency 
exists, and this act shall take effect and be in force from and after 
its passage. 

Approved May 14, 1903. 



small parks and pleasure grounds-acquisition and maintenance. 



1. Amends act of 1901 and title thereof. 

§ 1. Certain park boards may issue 
and sell bonds. 

I 2. Levy of tax for interest on bonds 
—further tax of *2 mill author- 
ized. 



g 3. Proceeds of bond sales to be 
used solely for purpose of 
small parks— maximum area 
fixed. 

I 4. Amends title of act of 1901. 

Approved May 14, 1903. 



An Act to amend an act entitled, "An act to enable the corporate 
authorities of hvo or more towns for park purposes, to issue bonds 
to raise funds for the acquisition and improvement of additionc I 
small parks or pleasure grounds, and to provide for the payment 
thereof,'''' approved and in force May 10, 1901, and to amend the 
title thereof 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That an aot entitled, "An 
act to enable the corporate authorities of two or more towns, for park 
purposes.to issue bonds to raise funds for the acquisition and improve- 
ment of additional small parks or pleasure grounds, and to provide 
for the payment thereof," approved and in force May 10, 1901, be 
amended to read as follows: 

§ 1. That any board of park commissioners which has been by law 
declared to be the corporate authorities of two or more towns, for 
park purposes, said board of park commissioners and the successors 



PARKS AND BOULEVARDS. 267 



thereof as such corporate authorities, shall have, and they are hereby 
vested with full power and authority, in their discretion, to issue and 
sell, in addition to the bonds now authorized by law to be issued and 
sold by such park commissioners, interest bearing bonds to an amount 
not exceeding one million (1,000,000) dollars: Provided, no bonds 
shall be issued under this act contrary to the provisions of section 
twelve, article nine, of the constitution of this State. 

§ 2. Authority is hereby expressly granted to the board of park 
commissioners, as such corporate authorities issuing said bonds, to 
levy and collect a direct annual tax upon the property within its 
jurisdiction, in addition to the taxes now authorized by law to be 
levied and collected for park and boulevard purposes by such cor- 
porate authorities sufficient in amount to pay the interest on the 
bonds hereinbefore authorized as it falls due; and also to pay and 
discharge the principal thereof within twenty (20) years from the 
date of issuing said bonds; and a further tax, to be expended for the 
purposes hereinafter set forth, of not to exceed one-half mill on each 
dollar of taxable property embraced in such park district, according 
to the valuation of the same as made for the purpose of State and 
county taxation by the general assessment last preceding the time 
when such one-half mill tax shall be levied; and the county clerk of 
the county, in which such park district is located, or such other officer 
or officers as are by law authorized to spread or assess taxes for park 
purposes, and other purposes, on receiving a certificate from such 
park commissioners that the amount mentioned in such certificate, 
not exceeding the amount aforesaid, is necessary for the purpose 
herein authorized, shall spread and assess such amount upon the 
taxable property in said park district, the same as other park taxes 
are by law spread and assessed, and the same shall be collected and 
paid over the same as other park taxes are now required by law to be 
colleoted and paid. 

§ 3. The proceeds of the bonds herein authorized shall be used 
exclusively for the purchase and improvement of the lots,blocks or par- 
cels of land which may be selected for small parks or pleasure 
grounds, pursuant to an act entitled, "An act to enable park commis- 
sioners to acquire, improve and maintain additional small parks or 
pleasure grounds," approved and in force May 10, 1901, and the pro- 
ceeds of the annual tax of not exceeding one-half mill on each dollar 
hereinbefore authorized shall be used exclusively for the maintenance 
of parks or pleasure grounds having an area of not to exceed ten acres 
each; and also for the purchase of lots, blocks or parcels of land which 
may, from time to time, be selected for additional small parks or 
pleasure grounds and for the improvement and maintenance thereof. 

§ 4. That the title of said act be amended to read as follows: 
"An act to enable the corporate authorities of two or more towns, for 
park purposes, to raise funds for the acquisition, improvement and 
maintenance of additional small parks or pleasure grounds. 

Approved May 14, 1903. 



268 PARKS AND BOULEVARDS. 



SOUTH PARK BOARD-CONVEYANCE OP GRANT PARK. 

§ 1. Conveys Grant park to south park I I 2. Emergency. 

commissioners. | Approyed May u> ^ 

An Act conveying certain lands to the south park commissioners for 
the purpose of establishing a public park or pleasure ground 
thereon] 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the land, including all 
submerged land, known as Grant park, in the city of Chicago, county 
of Cook and State of Illinois, bounded on the north by the south 
line of Randolph street, extended in a straight line east from Michi- 
gan avenue to the harbor line established by the Secretary of War 
in Lake Michigan, and bounded on the east by said harbor line, and 
bounded on the south, east of the right of way, easement and grounds 
of the Illinois Central railroad company, by the south line of the 
street known as Lake Park place (formerly known as Park Row), 
extended in a straight line east from Michigan avenue to said harbor 
line, and west of said right of way, easement and grounds by the 
north line of said Lake Park place, and bounded on the west by the 
east line of Michigan avenue, excepting, however, the right of way, 
easement and grounds of the Illinois Central railroad company, ex- 
tending north and south through said Grant park, as described in an 
ordinance of the city council of the city of Chicago, passed October 
21, 1895, and published by authority of said council in 1898, in 
volume 2 of special ordinances of the city of Chicago, at page 657, 
be, and the same is hereby, conveyed to the south park commission- 
ers, to be held, managed and controlled by said commissioners, as 
other parks now are under the control of said commissioners. 

§ 2. Whereas, There is a necessity for the immediate acquisition 
and improvement of the park contemplated in this act; therefore, an 
emergency exists, and this act shall take effect and be in force from 
and after its passage. 

Approved May 14, 190S. 



SOUTH PARK BOARD-CONVEYANCE OF SUBMERGED LANDS. 

§ 1. Certain submerged lands granted to I Approved May 14, 1903. 
south park board, Chicago. 

An Act conveying certain lands to the south park commissioners 
for the purpose of establishing public parks and pleasure grounds 
thereon. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the land including all 
submerged and artificially made land lying within the south bound- 
ary line of Jaokson park and the south line of Seventy-ninth street as 
extended one thousand feet into Lake Michigan, and a line easterly 



PARKS AND BOULEVAEDS. 269 



of and parallel with the shore line of said lake and the shore line of 
such lake, and also the land including all submerged and artificially 
made land lying within the north line of Ninety-fifth street extended 
to its intersection with the boundary line of Indiana and Illinois as 
extended and the shore line of Lake Michigan, all of such lands being 
situated in the city of Chicago, county of Cook, and the State of Illi- 
nois, be, and the same are hereby, granted and conveyed to the Board 
of South Park Commissioners and their successors in office, to be 
held, managed and controlled by them for the same uses and pur- 
poses as other parks now under their control. 

Approved May 14, 1903. 



STREETS AUTHORIZED THROUGH GROVELAND AND WOODLAND PARKS. 

CHICAGO. 

% 1. City authorities of Chicago may con- Approved Mayl4. 1903. 
struct boulevards through certain 
parks— condemnation proceedings- 
Douglas monument grounds. 

An Act to enable the corporate authorities of the city of Chicago to 
acquire by condemnation proceedings the right to locate, establish 
and maintain a street or streets to be used for boulevard purposes 
through Groveland park and Woodland park, and granting to 
them the right to locate, establish and maintain a street to be used 
for boulevard purposes through the Douglas monument grounds. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That permission is hereby 
granted to the corporate authorities of the city of Chicago to acquire 
by condemnation proceedings the right to locate, establish and main- 
tain a street or streets through the pieces, parcels or tracts of land 
known as Groveland park and Woodland park and situated in said 
city of Chicago. Said streets shall be used for the purpose of main- 
taining boulevards only, and shall not exceed 66 feet in width. Said 
condemnation proceedings shall be instituted against the property 
owners for whose benefit the State of Illinois holds the title to said 
tracts of land in trust, and the proceedings therein shall be in ac- 
cordance with the act of the General Assembly entitled, "An act to 
provide for the exercise of the right of eminent domain," approved 
April 10, 1872. Said city of Chicago is further granted the right 
hereby to locate, establish and maintain a street of not more than 66 
feet in width, and to be used for boulevard purposes, through the 
tract of land known as the Douglas monument grounds, situated in 
said city of Chicago. 

Approved May 14, 1903. 



270 PAWNBEOKEES. 



PAWNBROKERS. 



PAWNBROKING REGULATED. 

\ 6. Daily report to sheriff. 



\ 7. Sale or removal of property 
from shop restricted. 

Approved May 14, 1903. 



i 1. Amends act of 1879 by adding four sec- 
tions thereto. 

I I. Book to be kept by pawnbrokers 
— entries— erasures, etc. 

\ 5. Book and articles pawned open 
to inspection of certain offi- 
cers. 

An Act to amend an act entitled, "An act for the regulation of pawn- 
brokers" approved June 4, 1879, in force July 1, 1879. 

Section I. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled, "An 
act for the regulation of pawnbrokers," approved June 4, 1879, in 
force July 1, 1879, be, and the same is hereby, amended by adding 
the following sections thereto: 

§ 4. Every pawn and loan broker shall keep a book in which shall 
be written in ink, at the time of each and every loan or taking of a 
pledge, an accurate account and description, in the English language, 
of all the goods, articles or other things pawned or pledged, the 
amount of money, value or thing loaned thereon, the time of pledging 
the same, the rate of interest to be paid on such loan, and the name 
and residence of the person making such pawn or pledge. No 
entry in such book shall be erased, mutilated or changed. 

§ 5. The said book, as well as every article or other thing of 
value so pawned or pledged, shall at all times be open to the inspec- 
tion of the sheriff of the county, his deputies, or any members of the 
police force of any city in the county in which such pawnbroker does 
business. 

§ 6. It shall be the duty of every pawnbroker, to make out and 
deliver to the sheriff of the county in which such pawnbroker does 
business, on each day before the hour of ten o'clock a. m, a legible 
and correct copy from said book, as required in section four of this 
act, of all personal property and other valuable things, received on 
deposit or purchased during the preceding day, together with the 
exact time when received or purchased, and a description of the per- 
son or persons by whom left in pledge, or from whom the same were 
purchased. 

§ 7. No personal property received on deposit, purchased or 
pledged by any suoh pawnbroker, shall be sold or permitted to be re- 
deemed or removed from the place of business of such pawnbroker, 
for the space of twenty-four hours after the copy and statement re- 
quired to be delivered to the sheriff, as required by the preceding 
section. 

Approved May 14, 1903. 



PENITENTIARIES. 



271 



PENITENTIARIES. 



REGULATING THE EMPLOYMENT OF CONVICTS. 



g 1. Board of prison industries created. 

g 2. Board required to administer provi- 
sions of this act— compensation. 

i 3. Board to dispose of products of con- 
victs—sale on open market— not to 
compete with free labor. 

g 4. Classification of convicts. 

2 5. Labor of convicts not to be contracted 
for— sale of products to State, etc. 

g 6. Eight-hour day prescribed— use of ma- 
chinery—instruction of convicts. 

f. 7. Prisoners of 1st grade— labor pre- 
scribed for. 

g 8. Prisoners of 2d grade— labor prescribed 
for. 

g 9. Prisoners of 3d grade— labor prescribed 
for. 

g 10. General provision concerning labor 
of all convicts. 

g 11. State institutions to have precedence 
of subdivisions of State. 

i 12. Crushed rock for roadways. 

g 13. Board shall distribute labor and in- 
dustries among different penal insti- 
tutions—sale of plants and machinery 
—annual reports of board. 

§ 14. Supplies manufactured for State and 
subdivisions to be furnished on 
requisition. 

g IE. State and subordinate officials to fur- 
nish board of prison industries an- 
nual estimate of supplies required. 

An Act to regulate the employment of convicts and prisoners in the 
penal and reformatory institutions of the State of Illinois, and 
providing for the disposition of the products of their skill and 
industry. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the commissioners of 
the Illinois State Penitentiary at Joliet, the commissioners of the 
Southern Illinois Penitentiary at Chester, and the board of managers 
of the Illinois State Reformatory at Pontiac, or their successors, are 
hereby created and shall constitute a board in charge of the prison 
industries of the State of Illinois hereinafter provided for. Such 
board shall be known as "The Board of Prison Industries of Illinois." 



g 16. Board of classification created— shall 
fix price of labor and products— State 
Auditor shall prescribe form of ac- 
counts to be kept, 

g 17. Certain convicts may receive pay for 
work. 

g 18. Balances due convicts— how drawn. 

g 19. Monthly reports of wardens to board 
of industries required. 

g 20. Monthly estimates of wardens shall 
be furnished board of industries, 

g 21. Purchase of machinery, tools and ma- 
terials for use in penitentiaries- 
advertising— bids. 

g 22. Purchases by wardens and superin- 
tendents. 

I 23. Board of industries shall designate 
bank for deposit of funds — bank 
shall give bond and pay interest- 
fund, how drawn. 

g 24. Illegal contracts made by warden or 
others— duty of Attorney General. 

g 25. Board required to enforce provisions 
of act not later than July 1, 1904— 
termination of contracts— removal of 
property of contractors. 



26. 



Violations of act a misdemeanor — 
penalty. 



g 27. Duty of State's Attorneys. 
g 28. Repeal. 
Approved May 11, 1903. 



272 PENITENTIARIES. 



They shall elect one of their number president thereof, and another 
secretary. They shall have the power to appoint from their number 
such committees as may be deemed necessary or advisable. 

§ 2. The Board of Prison Industries of Illinois shall faithfully 
and. diligently put into operation in the State of Illinois the provi- 
sions of this law as hereinafter set forth, and establish in this State, 
in conformity with this act, a scheme of prison industry best calcu- 
lated to promote the interests of the State. When such plan is so 
established by said board, the commissioners of the aforesaid peni- 
tentiaries, and the board of managers of said reformatory, shall be 
charged with the carrying of said plans into execution in their re- 
spective institutions. No commissioner or member of said board of 
managers shall receive any additional compensation for the duties 
above created beyond the compensation now fixed by law for their 
services as such commissioner, or member of said board of managers 
of their respective institutions. 

§ 3. It shall be the duty of the Board of Prison Industries of 
Illinois to attend to the disposition and distribution of all the pro- 
ducts of the skill and labor of said convicts and prisoners. They 
shall particularly be charged with the duty of seeing that, under no 
circumstances, shall any of the products of the labor of said convicts 
or prisoners mentioned in this act be sold upon the open market, or 
in conflict with the provisions of this act. They shall see that the 
said products do not enter into conflict with any of the established 
industries of the State, except as hereinafter provided. It shall be 
their duty at all times, to inform themselves, so far as possible, of 
the industrial conditions of the State of Illinois, and to see that the 
labor of said convicts and prisoners does not enter into competition 
with the products of free labor, except as hereinafter provided. 

§ 4. Said commissioners of said penitentiaries, and said board of 
managers of said reformatory, shall direct the classification of pris- 
oners into three classes or grades, as follows: In the first class shall 
be included those appearing to be corrigible or less vicious than the 
others, and likely to observe the laws, and to maintain themselves by 
honest industry after their discharge. In the second grade shall be 
included those appearing to be incorrigible or more vicious, but so 
competent to work and so reasonably obedient to prison discipline, as 
not seriously to interfere with the productiveness of their labor or 
the labor of those in company with whom they may be employed. 
In the third grade shall be included those appearing to be in- 
corrigible or so incompetent, otherwise than from temporary ill 
health, as to seriously interfere with the discipline or the productive- 
ness of the labor of the prison or reformatory. 

§ 5. The Board of Prison Industries of Illinois, or the commis- 
sioners of said penitentiaries, or either of them, or the board of 
managers of said reformatory, shall not, nor shall any other authority 
whatsoever, make any contract by which the labor or time of any 
prisoner or convict in any penitentiary or reformatory of this State, 



PENITENTIARIES. 273 



or the product or profit of his work shall be contracted, let, farmed 
out, given or sold, to any person, firm, association or corporation; 
except that the said prisoners or convicts in said penal or reforma- 
tory institutions may work for and the products of their labor may 
be disposed of to the State, or any political division thereof, or for 
or to any publio institution owned or managed and controlled by the 
State, or any political division thereof. 

§ 6. The wardens, superintendents, managers and officials of all 
reformatories and penitentiaries in the State shall, so far as practi- 
cable, cause all the prisoners in said institutions who are physically 
capable thereof, to be employed at useful labor not to exceed eight 
hours of each day, other than Sundays and public holidays, but such 
useful labor shall be either for the purpose of production of sup- 
plies for said institutions, or for the State, or any political division 
thereof, or for any public institution owned or managed and con- 
trolled by the State, or any political division thereof; or for the pur- 
pose of industrial training and instruction, or for the making of 
crushed rock for road material, and for the improvement of public 
grounds owned by the State, or use in and upon public buildings 
owned by the State, or for agricultural pursuits for the support of 
the inmates of the State institutions, or partly for one and partly 
for the other of such purposes, or a combination of all of said 
industries and employments: Provided, however, that it shall be 
the policy of the State to use in such industries, no more ma- 
chinery or motive power, other than hand and foot power, than 
may be required to successfully carry this act into effect: Arid 
provided, further, that the board of managers of the said Illinois 
State Reformatory at Pontiac, may use all or any part of the eight 
hours provided herein for the labor of the convicts, in the giving 
of useful instruction to the inmates of said reformatory. 

§ 7. The labor of the prisoners of the first grade in each of 
said penitentiaries and reformatories, shall be directed with reference 
to fitting the prisoner to maintain himself by honest industry after 
his discharge from imprisonment, as a primary or sole object of 
such labor, and such prisoners of the first grade may be so em- 
ployed at hard labor for industrial training and instruction, even 
though no useful or salable products result from their labor, but 
only in case such industrial training or instruction can be more 
effectively given in such manner. Otherwise, and so far as con- 
sistent with the primary object of the labor of prisoners of the first 
grade as aforesaid, the labor of such prisoners shall be so directed 
as to produce the greatest amount of useful products, articles and 
supplies needed and used in the said institutions, and in the build- 
ings and offices of the State, or those of any political division 
thereof, or in any public institutions owned and managed and con- 
trolled by the State, or any political division thereof, or said labor 
may be for the State or any political division thereof. 



-18 



274 PENITENTIARIES. 



§ 8. The labor of prisoners of the second grade in said peniten- 
tiaries and reformatories shall be directed primarily, to labor for the 
State, or any political division thereof or to the production or manu- 
facture of useful articles and supplies for said institutions, or for any 
public institutions owned or managed and controlled by the State, or 
any political division thereof. 

§ 9. The labor of prisoners of the third grade in said penitentiaries 
and reformatories shall be directed to such exercise as shall tend to 
the preservation of health, or they shall be employed in labor for the 
State, or any political division thereof, or in the manufacture of such 
articles and supplies as are needed and used in the said institutions, 
and in the public institutions owned or managed and controlled by 
the State, or any political division thereof. 

§ 10. All convicts, sentenced to State penitentiaries and reforma- 
tories in this State shall be employed for the State, or a political 
division thereof, or in productive industries for the benefit of the 
State, or the political divisions thereof, or for the use of public institu- 
tions owned or managed and controlled by the State, or the political 
divisions thereof, which shall be under rules and regulations for the 
distribution and diversification thereof, to be established by the 
Board of Prison Industries of Illinois. 

§ 11. The labor of convicts in penitentiaries and reformatories in 
this State, after the necessary labor for the manufacture of all needed 
supplies for said institutions, shall be primarily devoted to the State, 
and the public institutions and buildings thereof, and the manu- 
facture of supplies for the State, and the public institutions thereof, 
and secondly, to the political divisions of the State, and the public 
institutions thereof. 

§ 12. All crushed rock or other manufactured road material cre- 
ated by the labor of such convicts or prisoners, shall be furnished 
free at such penitentiary or reformatory institutions, to the various 
governing bodies of the various political divisions of the State of 
Illinois, in the order of application made therefor, and in such quan- 
tities as may be proportionately due such political sub-division, con- 
sidering the amount of such material made and on hand; but upon 
the express agreement that such material shall, within one year, be 
placed in a permanent public roadway, or a public building, or upon 
public grounds. 

§ 13. It shall be the duty of the Board of Prison Industries of 
Illinois, to distribute among the penal institutions under their juris- 
diction, the labor and industries assigned to the Board of Prison 
Industries of Illinois to said institutions, due regard being had to 
the location and convenience of the prison, and of other institutions 
to be supplied, the machinery now therein, and the number of pris- 
oners, in order to secure the best service and distribution of the labor, 
and to employ prisoners, so far as practicable, in occupations in 
which they will be most likely to obtain employment after their dis- 
charge from imprisonment. The Board of Prison Industries of 



PENITENTIARIES. 275 



Illinois shall have the power, together with the wardens and super- 
intendents, to change or dispose of the present plants and machinery 
belonging to the State in said institutions now used in industries 
which shall be discontinued, and which cannot be used in the indus- 
tries hereafter to be carried on in said penitentiaries and re- 
formatories, due effort to be made by full notice to probable pur- 
chasers, in case of sales of industries or machinery, to obtain the 
best price possible for the property sold. The Board of Prison 
Industries of Illinois shall annually cause to be procured and re- 
ported to the Governor, and by him to the Legislature, with its 
annual report, a statement showing, in detail, the amount and quan- 
tity of each of the various articles manufactured in the several penal 
institutions under its control, and the labor performed by the con- 
victs therein, and of the disposition thereof. 

§ 14. The Board of Prison Industries of Illinois, and the super- 
intendents of reformatories and wardens of penitentiaries, respect- 
ively, are authorized and directed to cause to be manufactured by the 
convicts in the penitentiaries and reformatories, such articles as are 
needed, and used therein, and also such as are required by the State, 
or any political division thereof, and in the buildings, offices and 
public institutions owned or managed and controlled by the State, 
including articles and materials to be used in the erection of the 
buildings. All such articles manufactured in the penitentiaries and 
reformatories, and not required for use therein, may be furnished to 
the State, or to any political division thereof, or for, or to any public 
institution owned or managed and controlled by the State, or any 
political division thereof, at, and for such prices as shall be fixed and 
determined as hereinafter provided, upon the requisitions of the 
proper official, trustees or managers thereof. No articles so manu- 
factured shall be purchased from any other source, for the State or 
public institutions of the State, or any political divisions thereof, un- 
less said Board of Prison Industries of Illinois shall certify that the 
same can not be furnished upon such requisition, and no claim there- 
for shall be audited, or paid without such certificate. 

§ 15. On or before October first in each year, the proper officials 
in the State, and the political divisions thereof, and of the institu- 
tions of the State, or political divisions thereof, shall report to the 
said Board of Prison Industries of Illinois^ estimates for the ensuing 
year, of the amount of supplies of different kinds required to be pur- 
chased by them that can be furnished by the penal institutions of 
the State. The said Board of Prison Industries of Illinois is author- 
ized to make regulations for said reports, to provide for the manner 
in which requisitions shall be made for supplies, and to provide for 
the proper diversification of the industries of said penal institutions. 

§ 16. The president of the Board of Prison Industries of Illinois, 
the president of the State Board of Public Charities, and the Auditor 
of Public Accounts of Illinois are hereby constituted a board to be 
known as the board of classification. Said board shall fix and deter- 



276 PENITENTIARIES. 



mine the prices at which all labor performed, and all articles manu- 
factured and furnished to the State, or any political division thereof, 
or to the public institutions thereof, shall be furnished, which prices 
shall be uniform to all. The prices shall be as near the usual market 
price for such labor and supplies as possible. The State Board of 
Prison Industries shall devise and furnish to all such institutions a 
proper form for such requisition, and the Auditor of Public Accounts 
shall devise and furnish a proper system of accounts, to be kept for 
all such transactions. So far as practicable, all supplies used in such 
buildings, offices and public institutions, shall be uniform for each 
class, and of the styles, patterns, designs and qualities that can be 
manufactured in the penal and reformatory institutions of this State. 

§ 17. Every prisoner confined in any penitentiary or reformatory 
in this State, who shall become entitled to a diminution of his term 
of sentence by good conduct, may, in the discretion of the warden of 
the penitentiary, or of the superintendent of the reformatory, re- 
ceive compensation from the earnings of the penitentiary or reforma- 
tory in which he is confined, such compensation to be graded by the 
wardens of the penitentiaries, and the superintendent of the reforma- 
tory for the prisoners therein, for the time such prisoners may work, 
but in no case shall the compensation allowed to such prisoners ex- 
ceed in amount ten per centum of the earnings of the penitentiary or 
reformatory in which they are confined. The difference in the rate 
of compensation shall be based both upon the pecuniary value of the 
work performed, and also on the willingness, industry and good con- 
duct of such prisoner: Provided, that whenever any prisoner shall 
forfeit his good time for misconduct, or the violation of the rules and 
regulations of the penitentiary or reformatory, he shall forfeit out of 
the compensation allowed under this section, fifty cents for each day 
of good time so forfeited: And provided, that prisoners serving life 
sentences shall be entitled to the benefit of this section, when their 
conduct is such as would entitle other prisoners to a diminution of 
sentence, subject to forfeiture of good time for misconduct, as herein 
provided. 

§ 18. The amount of surplus standing on the books of the peni- 
tentiary or reformatory to the credit of any prisoner, may be drawn 
by the prisoner during his imprisonment only, upon the certified ap- 
proval of the Board of Prison Industries of Illinois for disbursement 
by the warden of said penitentiary, or superintendent of said reform- 
atory, to aid the family of such prisoner, or for books, instruments 
and instruction not supplied by the penitentiary or reformatory to 
the men of his grade, or may, with the approval of the said warden 
or superintendent, be so disbursed without the consent of such pris- 
oner, but no portion thereof shall be disbursed for indulgences of 
food, clothing or ornament beyond the common conditions of the 
others in his class in the prison at that time. And any balance to 
the credit of any prisoner at the time of his conditional release as 
provided by law, shall be subject to the draft of the prisoner, in such 
sums and at such times as the Board of Prison Industries of Illinois 



PENITENTIARIES. 277 



shall approve, but, at the date of the absolute discharge of any pris- 
oner, the whole amount of credit balance, as aforesaid, shall be sub- 
ject to his draft at his pleasure: Provided, that any prisoner vio- 
lating his conditional release, when the violation is formally declared, 
shall forfeit any credit balance: And, provided further, that any 
prisoner may bequeath by will any sum that may be due him at 
the time of his death. 

§ 19. The warden of each of the penitentiaries and the superin- 
tendent of the reformatory shall, on the first of each month, make a 
full detailed statement of all materials, machinery or other property 
procured, and the cost thereof, and of the expenditures made during 
the last preceding month for manufacturing purposes, together with 
the statement of all materials then on hand to be manufactured, or 
in process of manufacture, or manufactured, and of machinery, fix- 
tures or other appurtenances for the purpose of carrying on the labor 
of the prisoners, and the amount and kinds of work done, and the 
earnings realized, and the total amount of moneys coming into his 
hands as warden of the penitentiary or superintendent of the reform- 
atory during the last preoeding month, as the proceeds of the labor 
of the prisoners at such prison or reformatory, which statement 
shall be verified by the oath of such warden or superintendent to be just 
and true, and shall be by him forwarded to the Board of Prison In- 
dustries of Illinois. 

§ 20. Such wardens of the penitentiary or superintendent of 
the reformatory shall also, on the first day of each month, make an 
estimate and detailed statement of all materials, machinery, fixtures, 
tools or other appurtenances or accommodations, and the cost thereof, 
which will, in his judgment, be necessary for carrying on the labor 
of the prisoners at such penitentiary or reformatory, both for the 
purposes of production, and of industrial training and education, for 
the next ensuing month or which, in his judgment, should be con- 
tracted for during such month ; which estimate shall be forwarded to 
the Board of Prison Industries of Illinois, who may revise the same. 

§ 21. The wardens of the penitentiaries and the superintendent 
of the reformatory, with the approval of the Board of Prison Indus- 
tries of Illinois, and the managers or authorities by whatever name 
known, having charge of the penal institutions of the State, are au- 
thorized, within the appropriations which may be placed at their dis- 
posal by the State, to procure and maintain all necessary machinery, 
tools, apparatus or accommodation needful for the purpose of carry- 
ing on and conducting such trades and industries, as may be author- 
ized under the provisions of this act. They shall purchase material 
in the manner following: All purchases and contracts for the ma- 
terial to be used in the manufacture of goods in the penitentiaries 
and reformatories of the State, shall be made by advertising for 
sealed proposals. Whenever proposals for furnishing materials have 
been solicited, the parties responding to such solicitations shall be 
duly notified of the time and place of opening the bids, and may be 
present either in person or by attorney, and a record of each bid 



278 PENITENTIAEIES. 



shall then and there be made. The Board of Prison Industries of 
Illinois shall advertise for said proposals or bids in one issue each 
week for at least two weeks, in two newspapers of general circula- 
tion, and representing the two dominant political parties, published 
in the city of Chicago, and in two newspapers of general circulation 
and representing the two dominant political parties in the city of 
St. Louis, Mo., specifying the classes and quality of the material 
required, and furnish bidders on demand with printed schedules giv- 
ing a full description of all materials required, with the date and 
place of delivery, and all other necessary information. The person 
offering to furnish said materials upon terms most advantageous to 
the State, and who will give satisfactory security for the performance 
thereof (in case immediate delivery is not required), shall receive 
the contract to furnish said material, unless the Board of Prison In- 
dustries of Illinois shall deem it to the best interests of the State to 
decline all proposals and advertise anew; except that said Board of 
Prison Industries of Illinois shall have the right to purchase any 
article or articles at private contract, when such articles are offered 
for sale at a less sum than the lowest bid: Provided, that they shall 
not purchase any article or articles in open market, unless such 
article or articles shall first have been advertised for bids, as herein 
provided, or unless it shall also appear to the said Board of Prison In- 
dustries that said articles can be purchased cheaper in the open market. 

§ 22. The warden or superintendent of each penitentiary or re- 
formatory shall make purchases of the articles included in the esti- 
mates so certified to the Board of Prison Industries of Illinois, and 
it shall not be lawful for such warden or superintendent to make any 
purchases and contracts on behalf of the State for the industrial pur- 
poses of such prison, unless such purchases and contracts shall have 
been included in such estimate, filed with the Board of Prison In- 
dustries of Illinois. 

§ 23. The Board of Prison Industries of Illinois shall designate a 
bank or banks convenient to each of said penitentiaries or reform- 
atory, for receiving deposits from the wardens of such penitentiaries 
or superintendent of such reformatory, of all moneys coming to 
their hands as proceeds of the labor of the prisoners, and of the 
sales of articles manufactured by them therein. Before any such 
deposits shall be made by such warden or superintendent, or 
received by any such bank, such bank shall execute and file with the 
Board of Prison Industries of Illinois, a bond in such penal sum, 
with such sureties, and upon such conditions as shall be approved 
by the Board of Prison Industries of Illinois: Provided, that 
such banks shall be designated as shall agree to pay the 
highest rate of interest on said deposits, said interest to ac- 
crue to the general fund. The warden of each of said prisons 
and the superintendent of such reformatory shall deposit, at least 
once in each week, in the bank or banks so designated by the Board 
of Prison Industries of Illinois, all moneys received by him as pro- 
ceeds of the labor of the prisoners, to his credit as warden of such 



PENITENTIARIES. 279 



penitentiary or superintendent of such reformatory, and shall send 
to the Board of Prison Industries of Illinois weekly, a statement 
showing the amounts so received and deposited, and when, from 
whom and for what received, and the days on which said deposits 
were made, which statement shall be certified by the proper officer 
of each bank receiving such deposits, and shall also be verified by 
the oath of such warden or superintendent, to the effect that the 
sum so deposited includes all the moneys received by him as the 
proceeds of the labor of the prisoners in said penitentiary or refor- 
matory, and of the sales of the articles manufactured by them dur- 
ing such week, up to the time of the last deposit appearing on such 
statement. The moneys so deposited by the warden or superintend- 
ent shall be subject to his check or draft only, when such check or 
draft is countersigned by the president of the Board of Prison In- 
dustries of Illinois. The president of the Board of Prison Industries 
of Illinois shall countersign such check or draft only, when the same 
is drawn for the payment of an expenditure included in an estimate 
approved by the Board of Prison Industries of Illinois. In case the 
balance of such deposit in any such bank shall at any time, in the 
judgment of the Board of Prison Industries, be in excess of the 
amount which will be needed to meet the expenses of such peni- 
tentiary or reformatory, the Board of Prison Industries of Illinois 
shall notify the Treasurer of the State, and also the said bank, of 
the amount of such excess, which amount shall be added by such 
Treasurer to the prison fund in the treasury of the State, and shall 
be thereafter payable by said bank upon the draft of said treasurer 
only. It shall be the duty of the Board of Prison Industries of Illi- 
nois, at the commencement of each session of the Legislature, to re- 
port the financial condition of each of the penitentiaries and reform- 
atory under the control of the Board of Prison Industries of Illinois. 
Such report shall state the amount and value of the unmanufactured 
material on hand, the amount and value of manufactured goods sold 
but not paid for, and the amount of money remaining on deposit in 
each bank in which funds are deposited as provided by this section, 
such losses as may occur from time to time, and also such other 
information as they shall deem proper, relating to the manufactur- 
ing industries of the penitentiaries and reformatory. 

§ 24. Any contract made by the warden of any penitentiary, or 
by any officer or any authority whatsoever, of any penitentiary or 
reformhtory or other penal institution of this State, in violation of 
or contrary to the provisions of this act, or contrary to or in violation 
of the constitution of this State, or any amendment thereto, shall be 
null and void. It shall be the duty of any such officer or authorities, 
relating in any way to the system of labor adopted, or to the employ- 
ment of prisoners in any of said penitentiaries or reformatories or 
other penal institutions, whenever the Attorney General shall be 
satisfied that any contract made as aforesaid is contrary to or in vio- 
lation of this actor of the constitution of this State,or any amendments 
thereto, or that any of the officers or authorities aforesaid have entered 



280 PENITENTIARIES. 



into or are engaged in any contract or arrangement for the labor of 
prisoners, or relating to the system adopted or continued in said insti- 
tutions, and which contract or arrangement is contrary to or in viola- 
tion of law as aforesaid, if he shall be of the opinion that tHe facts 
require such action, he is hereby directed to bring an action in the 
name of the People of the State of Illinois in any county which he 
may select, for the purpose of testing the validity of any contract or 
arrangement made by any of the officers herein named, relating in 
any way, to the system or labor adopted, or the employment of 
prisoners in any of the said penitentiaries, reformatories or other penal 
institutions, or to determine the validity of any act or thing done by 
any officer herein mentioned, which act or thing shall be alleged to 
have been in violation of this act. Any party to such contract, 
agreement or arrangement as aforesaid, or interested in the 
determination of such action, shall be made defendant, and pending 
the trial or hearing of the facts alleged or of any issue made as afore- 
said, the court shall, on the notice of the Attorney General, and upon 
a petition duly verified showing the making of any contract or arrange- 
ment in violation of the provisions of this act, or the constitution of 
this State, or any amendment thereto, or the doing of any act or thing 
by any of the parties defendant in violation of either of said acts, 
grant an injunction order, restraining the parties named in said order 
from the further prosecution of the business complained of, or from 
the further performance of the contract or arrangement claimed to 
have been entered into as aforesaid, and to restrain and enjoin such 
officer or officers from the further continuance of any act alleged to 
be in violation of the laws of this State. And any disobedience of 
such injunction order shall be punishable as provided by law. And 
upon any trial had, judgment shall follow the findings of fact made 
by the court or jury, as in other cases, and with costs, in the discre- 
tion of the court. 

§ 25. Said Board of Prison Industries shall see this act is in full 
force and effect at the latest by July 1, 1904, and every penitentiary 
or reformatory contractor or other person, now employing or using 
the labor of convicts or prisoners in said institutions, shall, after such 
date, no longer be furnished such labor under any pretense whatso- 
ever; nor shall any such alleged contracts be longer continued in 
force or recognized. By July 1, 1904, every such contractor or other 
person using such contract labor, shall remove from the prison en- 
closure of every such penitentiary or reformatory, all property of 
every kind to him belonging. 

§ 26. Any commissioner, member of board of managers, warden, 
deputy warden, superintendent, assistant superintendent, or other 
prison official or employe^ or other person wilfully violating any of 
the previous provisions of this act in sections 3, 5, 6, 7, 8, 9, 10, 11, 12, 
13 and 14 contained, shall be guilty of a misdemeanor, and, upon con- 
viction thereof , shall be fined not less than five hundred dollars ($500) , 
nor more than five thousand dollars ($5,000), and, in addition to such 
fine, may be confined in the county jail not to exceed one year, in the 



PENITENTIARIES — PUBLIC ACCOUNTANTS. 281 



discretion of the court, and in the event of the person convicted afore- 
said, holding, at the time of such conviction, any office or employ- 
ment under the laws of the State of Illinois in any manner connected 
with said penitentiary or reformatory, he shall forfeit such office or 
employment; and the court shall thereupon enter au order, as a part 
of its judgment in said cause, removing the convicted person from 
the office or employment held by him as aforesaid. 

§ 27. It shall be the duty of the several State's attorneys of this 
State, in their respective counties, to diligently prosecute by indict- 
ment or information, any and all violations of this act. 

§ 28. All laws, and parts of laws in conflict with the provisions of 
this act, are hereby repealed. 

Approved May 11, 1903. 



PUBLIC ACCOUNTANTS. 



PUBLIC ACCOUNTANTS-ACT AUTHORIZING. 



I 1. Qualifications of certified public ac- 
countant—use of title or abbreviation 
of title. 

\ 2. Examinations — when and how con- 
ducted. 

§ 3. Experienced accountant may be ex- 
empted from examination. 



§ 4. Examination fee— pay of examiners- 
expenses to be paid by fees. 

? 5. Revocation of certificates. 

2 6. Impersonating a certified accountant- 
penalty — accountants from other 
states. 

Approved May 15. 1903. 



An Act to regulate the profession of public accountants. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any citizen of the 
United States or person who has duly declared his intention of be- 
coming such citizen, having a place for the regular transaction of 
business as a professional accountant in the State of Illinois, being 
over the age of twenty-one years, of good moral character, being a 
graduate of a high school with a four year's course, or having had 
an equivalent education, and who shall have received from the 
University of Illinois a certificate of his qualifications to practice as 
a public expert accountant as hereinafter provided, shall be styled 
and known as a "Certified Public Accountant," and no other person 
shall assume such title or use the abbreviation, "C. P. A.," or any 
other words or letters to indicate that the person using the same is a 
certified public accountant. 

§ 2. The University of Illinois shall determine the qualifications 
of persons applying for certificates under this act, and shall make 
rales for the examination of the same, and for this latter purpose 
shall appoint three examiners, at least two of whom shall be skilled 



282 PUBLIC ACCOUNTANTS. 



in the practice of accounting and actively engaged therein in the 
State of Illinois, and the third shall be either an accountant of the 
grade herein described or an attorney skilled in commercial law. 
The time and place of holding the examinations shall be duly adver- 
tised, for not less than three consecutive days, in one daily newspa- 
per published in each of the places where the examinations are to be 
held, not less than thirty days prior to the date of each examination. 
The examination shall be in "Theory of Accounts," "Practical Ac- 
counting/' "Auditing" and "Commercial Law" as affecting account- 
ancy. The examinations shall take place as often as may be neces- 
sary in the opinion of the university, but not less frequently than 
once a year. 

§ 3. The University of Illinois may, in their discretion, under 
regulations provided by their rules, waive all or any part of the ex- 
amination of any applicant possessing the qualifications mentioned 
in section 1 who shall have had five successive years' previous ex- 
perience as a public accountant previous to the date of application, 
who shall apply in writing within one year after the passage of this 
act, and who shall have been practicing in this State as a public ac- 
countant, on his own account, for a period of not less than one year 
next prior to the passage of this act ; also to any person who shall 
have been actively in practice as a public accountant for not less 
than five years next prior to the passage of this act, outside of the 
State of Illinois, who shall have passed an examination equivalent, 
in the opinion of the University of Illinois, to the examination to be 
held under the provisions of this act. 

§ 4. (a) The university shall charge for the examination and 
certificate a fee of twenty-five dollars ($25) to meet the expenses of 
such examinations. This fee shall be payable by the applicant at 
the time of filing his application. 

(b) The examiners appointed by the University of Illinois shall 
be paid for the purposes of this act for the time actually expended 
in the pursuance of the duties imposed upon them by this act, an 
amount not exceeding ten dollars ($10) per day, and they shall be 
further entitled to their necessary traveling expenses. All expenses 
provided for by this act must be paid from the receipts under this 
act, and no expense incurred under this act shall be a charge against 
the funds of the university. 

(c) From the fees collected under section 4, the University of 
Illinois shall pay ail the expenses incident to the examinations held 
under this act, the expenses of issuing certificates, the traveling ex- 
penses of the examiners; and their cmpensation while performing 
their duties under this act. 

§ 5. The university may revoke any certificate issued under the 
provisions of this act, for unprofessional conduct or other sufficient 
cause, provided that written notice shall have been previously mailed 
to the holder of such certificate twenty days before any hearing 



PUBLIC IMPROVEMENTS — RAILROADS. 283 



thereon, stating the cause for such contemplated action, and appoint- 
ing a date for a full hearing thereof by the university: And, pro- 
vided, further, that no certificate shall be revoked until a hearing 
shall have been had. 

§ 6. If any person shall represent himself to the public as having 
received a certificate as provided in this act, or shall assume to prac- 
tice as a certified public accountant, or use the abbreviation C. P. A., 
or any similar words or letters to indicate that the person using the 
same is a certified public accountant, without having received such 
certificate; or if any person having received a certificate as provided 
in this act, and having thereafter lost such certificate by revocation 
as herein provided, shall continue to practice as a certified public 
accountant he shall be deemed guilty of a misdemeanor and, upon 
conviction thereof, shall be fined a sum not exceeding two hundred 
dollars ($200) for each offense: Provided, that nothing herein con- 
tained shall operate to prevent a certified public accountant who is 
the lawful holder of a certificate issued in compliance with the laws 
of another state, from practicing as such within this State, and 
styling himself a certified public accountant. 

Approved May 15, 1903. 



RAILROADS. 



STREET RAILWAYS ACROSS BRIDGES. 

I 1. Amends title and section 1, act of 1897, Approved May 11, 1903, 
title of act as amended. 

§ 1. Bridge companies may own, 
construct or operate street 
railways across certain 
bridges. 

An Act to amend an act entitled "An act to give companies leasing, 
operating or controlling bridges connecting cities, towns or villages 
in this State with cities, towns or villages in adjoining states, 
power to lease, own, construct and operate street railways over 
such bridge, and in adjoining counties, and acquire stock in and 
guarantee bonds of such street railways," approved June 4, 1897, 
in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the title and section 
one (1) of an act entitled "An act to give companies leasing, oper- 
ating or controlling bridges connecting cities, towns or villages in 
this State with cities, towns or villages in adjoining states, power to 
lease, own, construct and operate street railways over such bridge, 
and in adjoining counties, and acquire stock in and guarantee bonds 
of such street railways," approved June 4, 1897, in force July 1, 
1897, be, and the same is hereby, amended so as to read as follows: 



284 RAILROADS. 



Title.] An act to give companies, domestic or foreign, owning, 
operating, controlling, leasing, using or holding a license to use a 
bridge or bridges, or any part thereof, spanning a stream or streams 
flowing between any city, town or village of this State, and any city, 
town or village of any adjoining state, or any bridge or bridges, or 
any part thereof, connecting any such cities, towns or villages, power 
to lease, own, use, construct, operate and maintain a street railway 
over such bridge or bridges, and in oities, towns or villages in coun- 
ties in which such bridge or bridges, or any part thereof, may be sit- 
uated, and in such counties and adjoining counties, and acquire stock 
in and guarantee bonds of any company operating such street rail- 
way or railways, and ratifying any consent heretofore given by the 
corporate authorities of any such city, town or village for the con- 
struction and operation of such railway or railways. 

§ 1. That any company, domestic or foreign, owning, operating, 
controlling, leasing, using or holding a license to use a bridge or 
bridges, or any part thereof, spanning a stream or streams flowing 
between any city, town or village of this State, and any city, town or 
village of any adjoining state, or any bridge or bridges, or any part 
thereof, connecting any suoh cities, towns or villages, may lease, own, 
use, construct, operate and maintain a street railway over and upon 
such bridge or bridges, and in cities, towns or villages in counties in 
which such bridge or bridges, or any part thereof, may be situated, 
and in such counties and adjoining counties, and acquire stock in 
and guarantee bonds of any company operating such street railway 
or railways: Provided, however, that this act shall not be held to 
authorize the location, construction or operation of any such railway 
upon or across any street in any city, town or village, without the 
consent of the corporate authorities thereof, either heretofore or here- 
after given, and any such consent heretofore given is hereby ratified 
and confirmed: Provided further, any such foreign corporation 
shall be subjected to all the liabilities, restrictions and duties that 
are imposed upon corporations organized under the general laws of 
this State for the purpose of constructing, maintaining or operating 
a street railroad, and shall have no other or greater powers. 

Approved May 11, 1903. 



RAILROADS. 



285 



STREET RAILWAYS-MUNICIPAL OWNERSHIP, 



I 4. Act not in force in any city until 
adopted by vote of electors. 

i 5. Ordinance preliminary to vote upon 
any proposition submitted to electors 
—duty of city clerk— submission. 

i 6. Construction of act. 

Approved May 18. 1903. 



2 1. Cities may own, operate and lease 
street railways— operation by city 
contingent upon vote of electors- 
term of lease— purchase money— how 
provided. 

§ 2. "Street railway certificates"— sundry 
provisions concerning. 

2 3. Accounts, how kept — publication of 
reports. 

An Act entitled li An act to authorize cities to acquire, construct 
own, operate and lease street railways, and to provide the means 
therefor.'''' 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every city of this 
State shall have the power to own, construct, acquire, purchase, 
maintain and operate street railways within its corporate limits, and 
to lease the same or any part of the same to any company incor- 
porated under the laws of this State, for the purpose of operating 
street railways for any period not longer than twenty years, on such 
terms and conditions as the city council shall deem for the best in- 
terests of the public. 

But no city shall proceed to operate street railways., unless the 
proposition to operate shall first have been submitted to the electors 
of such city as a separate proposition, and approved by three- fifths 
of those voting thereon. It shall be lawful for any such city to in- 
corporate in any grant of the right to construct or operate street 
railways, a reservation of the right on the part of such city to take 
over all or part of such street railways, at or before the expiration of 
such grant, upon such terms and conditions as maybe provided in the 
grant; it shall also be lawful to provide in any such grant, that in case 
such reserved right be not exercised by the city, and it shall grant a 
right to another company to operate a street railway in the streets 
and parts of streets occupied by its grantee under the former grant, 
the new grantee shall purchase and take over the street railway of the 
former grantee, upon the terms that the city might have taken it over, 
and it shall be lawful for the city council of any city, to make a grant 
containing such a reservation, for either the construction or opera- 
tion or both the construction and operation of a street railway in, 
upon and along any of the streets or public ways therein, or portions 
thereof, in which street railway tracks are already located at the time 
of the making of such grant, without the petition or consent of any 
of the owners of the land abutting or fronting upon any street of 
[or] public way, or portion thereof, covered by such grant. 

No ordinance authorizing a lease for a longer period than five 
years, nor any ordinance renewing any lease, shall go into effect 
until the expiration of sixty days from and after its passage. And 
if, within such sixty days, there is filed with the city clerk of such 
city a petition signed by ten per cent of the voters voting at the last 



286 RAILROADS. 



preceding election for mayor, in such city, asking that such ordinance 
be submitted to a popular vote, then such ordinance shall not go into 
effect, unless the question of the adoption of such ordinance shall first 
be submitted to the electors of such city, and approved by a ma- 
jority of those voting thereon. 

The signatures to such petition need not all be appended to one 
paper, but each signer shall add to his signature,-whichshallbeinhis 
own handwriting, his place of residence, giving the street and num- 
ber. One of the signers of each such paper shall make oath before an 
officer competent to administer oaths, that each signature to the 
paper appended, is the genuine signature of the person whose name 
purports to be thereto subscribed. The city council of any city that 
shall decide by popular vote, as in this act provided, to operate street 
railways, shall have the power to make all needful rules and regula- 
tions respecting the operation of the same, including the power to 
fix and prescribe rates and charges, but such rates and charges shall 
be high enough to produce a revenue sufficient to bear all costs of 
maintenance and operation, and to meet interest charges on all bonds 
or certificates issued on account of such railways, and to permit the 
accumulation of a surplus or sinking fund, that shall be sufficient to 
meet all such outstanding bonds or certificates at maturity. Street 
railways owned and operated by any such city, or owned by the city 
and leased for operating purposes to a private company, may carry 
passengers and their ordinary baggage, parcels, packages and United 
States mail, and may be utilized for such other purposes as the city 
council of such city may deem proper. Such street railways may be 
operated by such motive power as the city council maya pprove, except 
steam locomotives. For the purpose of acquiring street railways either 
by purchase or construction's provided for in this act,or for the equip- 
ment of any such street railways, any city may borrow money, and 
issue its negotiable bonds therefor, pledging the faith and credit of 
the city; but no such bonds shall be issued, unless the proposition to 
issue the same shall first have been submitted to the electors of such 
city, and approved by two-thirds of those voting thereon, nor in an 
amount in excess of the cost to the city of the property for which 
said bonds are issued ascertained as elsewhere provided in this act, 
and ten (10) per cent of such cost in addition thereto. In the exer- 
cise of the powers, or any of them, granted by this act, any such city 
shall have the power to acquire, take and hold any and all necessary 
property, real, personal or mixed for the purposes specified in this 
act, either by purchase or condemnation in the manner provided by 
law for the taking and condemning of private property for public 
use, but in no valuation of street railway property for the purpose of 
any such acquisition, except of street railways now operated under 
existing franchises, shall any sum be included as the value of any 
earning power of such property, or of the unexpired portion of any 
franchise granted by said city. In case of the leasing by any city of 
any street railway owned by it, the rental reserved shall be based on 
both the actual value of the tangible property, and of the franchise 



RAILROADS. 287 



contained in such lease, and such rental shall not be less than a suffi- 
cient sum to meet the annual interest upon all outstanding bonds or 
street railway certificates, issued by said city on account of such 
street railway, 

§ 2. In lieu of issuing bonds pledging the faith and credit of the 
city, as provided for in section 1 of this act, any city may issue and 
dispose of interest bearing certificates, to be known as "street rail- 
way certificates," which shall, under no circumstances, be or become 
an obligation or liability of the city or payable out of any general 
fund thereof, but shall be payable solely out of a specified portion of 
the revenues or income to be derived from the street railway prop- 
perty, for the acquisition of which they were issued. Such certifi- 
cates shall not be issued and secured on any street railway property 
in amount in excess of the cost to the city of such property as here- 
inbefore provided and ten (10) per cent of such cost in addition thereto . 
In order to secure the payment of any such street railway certificates 
and the interest thereon, the city may convey, by way of mortgage or 
deed of trust, any or all of the street railway property acquired or to 
be acquired through the issue thereof; which mortgage or deed of 
trust shall be executed in such manner as may be directed by the 
city council, and acknowledged and recorded in the manner pro- 
vided by law for the acknowledgment and recording of mortgages 
of real estate, and may contain such provisions and conditions not in 
conflict with the provisions of this act, as may be deemed necessary 
to fully secure the payment of the street railway certificates de- 
scribed therein. Any such mortgage or deed of trust may carry the 
grant of a privilege or right to maintain and operate the street rail- 
way property covered thereby, for a period not exceeding twenty 
(20) years from and after the date such property may come into the 
possession of any person or corporation as the result of foreclosure 
proceedings; which privilege or right may fix the rates of fare which 
the person or corporation securing the same as the result of fore- 
closure proceedings shall be entitled to charge in the operation of 
said property, for a period not exceeding twenty (20) years. When- 
ever, and as often as default shall be made in the payment of any 
street railway certificates issued and secured by a mortgage or deed 
of trust, as aforesaid, or in the payment of the interest thereon when 
due, and any such default shall have continued for the space of 
twelve (12) months, after notice thereof has been given to the mayor 
and financial officer of the city issuing such certificates, it shall be 
lawful for any such mortgagee or trustee, upon the request of the 
holder or holders of a majority in amount of the certificates issued 
and outstanding under such mortgage or deed of trust, to declare 
the whole of the principal of all such certificates as may be out- 
standing, to be at once due and payable, and to proceed to foreclose 
such mortgage or deed of trust in any court of competent jurisdic- 
tion. At a foreclosure sale, the mortgagee or the holders of such 
certificates may become the purchaser or purchasers of the property, 
and the rights and privileges sold, if he or they be the highest bid- 



RAILROADS. 



ders. Any street railways acquired under any such foreclosure, 
shall be subject to regulation by the corporate authorities of the city 
to the same extent as if the right to construct, maintain and operate 
such property had been acquired through a direct grant, without the 
intervention of foreclosure proceedings: Provided, however, that 
no street railway certificates or mortgage shall ever be issued by any 
city under the provisions of this act, unless and until the question 
of the adoption of the ordinance of the city council, making provi- 
sion for the issue thereof, shall first have been submitted to a popu- 
lar vote, and approved by a majority of the qualified voters of the 
city voting upon such question. 

§ 3. Every such city owning, or owning and operating street rail- 
ways, shall keep the books of account for such street railways dis- 
tinct from other city accounts, and in such manner as to show the 
true and complete financial results of such city ownership, or owner- 
ship and operation, as the case may be. Such accounts shall be so 
kept as to show the actual cost to such city of street railways owned ; 
all costs of maintenance, extension and improvement; all operating 
expenses of every description, in case of such city operation; the 
amounts set aside for sinking fund purposes; if water or other service 
shall be furnished for the use of such street railways without charge, 
the accounts shall show, as nearly as possible, the value of such 
service, and also the value of such similar service ren- 
dered by the street railways to any other city department with- 
out charge; such accounts shall also show reasonable allow- 
ances for interest, depreciation and insurance, and also estimates 
of the amount of taxes that would be chargeable against such pro- 
perty, if owned by a private corporation. The city council shall 
cause to be printed annually for public distribution, a report show- 
ing the financial results, in form as aforesaid, of such city ownership, 
or ownership and operation. The accounts of such street railways, 
kept as aforesaid, shall be examined at least once a year by an ex- 
pert accountant, who shall report to the city council the results of 
nis examination. Such expert accountant shall be selected in such 
manner as the city council may direct, and he shall receive for his 
services such compensation, to be paid out of the income or revenues 
from such street railways, as the city council may prescribe. 

§ 4. This act shall not be in force in any city, until the question 
of its adoption in such city shall first have been submitted to the 
electors of such city, and approved by a majority of those voting 
thereon. The city council of any such city may, by ordinance, 
direct that the question of the adoption of this act in such city be 
submitted to popular vote at any general, city or special election in 
and for the entire city, coming not sooner than thirty days from and 
after the passage of the ordinance. If the city council in any 
city shall incorporate in any grant to a private company of the right 
to construct or operate street railways, a provision reserving to such 
city the right to take over such street railways at or before the expi- 
ration of the grant, in case the people of such city shall later adopt 
this act as herein provided, such provision shall be as valid and 



RAILROADS. 289 



effective for all purposes, in case such city shall later adopt this act 
as herein provided, as if the said provision were made a part of such 
grant, after the adoption of this act by sach city. 

§ 5. In all cases provided in this act for the submission of ques- 
tions or propositions to popular vote, the city council shall pass an 
ordinance stating the substance of the proposition or question to be 
voted upon, and designating the election at which such question or 
proposition is to be submitted, which may be any general, city or 
special election in and for the entire city coming not sooner than 
thirty days from and after the passage of said ordinance. The city 
clerk of such city shall promptly certify the passage of such ordin- 
ance to the proper election officials, and it shall thereupon be the 
duty of such election officials to submit such question or proposition 
to popular vote. 

§ 6. Nothing in this act contained shall be construed to authorize 
any city to make any street railway grant, or to lease any street rail- 
way property, for a period exceeding twenty (20) years from the 
making of such grant or lease: Provided, that when a right to main- 
tain and operate a street railway, for a period not exceeding twenty 
(20) years, is contained in a mortgage or deed of trust to secure 
street railway certificates (and no such right shall be implied), such 
period shall commence as provided in section two (2) of this act. 

Approved May 18, 1903. 



STREET RAILWAYS-VESTIBULES FOR CARS. 

8 1. Screens or vestibulesmust be provided I 2 2. Penalty for violation of act. 

during certain months. . , ., ,„ <fmB 

1 Approved May 11, 1903. 

An Act to provide screens or vestibules for motormen and con- 
ductors on the street railway cars, and for a penalty for vio- 
lation of this act. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every cable, grip, 
electric, horse or other street car, other than trail cars, which are at- 
tached to motor cars, shall be provided during the months of No- 
vember, December, January, February and Maroh of each year, at 
both ends with a screen or vestibule constructed of glass or other 
material, which shall fully and completely protect the driver or mo- 
torman or gripman or conductor, or other persons stationed on both 
ends and guiding or directing the motor power by which they are 
propelled from wind and storm. 

§ 2. Any person, agent, or officer of any association or corpora- 
tion violating the provisions of this act shall, upon conviction, be 
fined in any sum not less than $25 nor more than $100 for each day 
each car belonging to and used by any such person, association or 
corporation is directed or permitted to remain unprovided with the 

—19. 



290 BAILROADS — RECEIVERS. 



screen required in section 1 of this act; and it is hereby made the 
duty of the prosecuting attorney of each county in this State, to in- 
stitute the necessary proceedings to enforce the provisions of this 
act. 



Approved May 11, 1903. 



RECEIVERS. 



RE6EIVERS, APPOINTMENT AND DISCHARGE OF. 

§ 1. Bond of receiver shall precede ap- I 2. Bond of party in possession in lieu of 
pointment— exception. appointment of receiver. 

Approved May 15, 1903. 

An Act concerning the appointment and discharge of receivers. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That before any receiver 
shall be appointed, the party making the application shall give bond 
to the adverse party in such penalty as the court or judge may order, 
and with security, to be approved by the court or judge, conditioned 
to pay all damages, including reasonable attorneys' fees, sustained 
by reason of the appointment and acts of such receiver, in case the 
appointment of suoh receiver is revoked or set aside: Provided, that 
bond need not be required, when, for good cause shown and upon 
notice and full hearing, the court is of opinion that a receiver ought 
to be appointed without such bond. 

§ 2. On an application for the appointment of a receiver, the court 
or judge may, in lieu of appointing a receiver, permit the party in 
possession to retain such possession upon giving bond, with such 
penalty and with such security andjupon such conditions as the court 
or judge may order and approve; and the court may remove a re- 
ceiver and restore the property to the possession of the party from 
whom it was taken, upon the giving of a like bond. 

Approved May 15, 1903. 



RECORDERS. 291 



RECORDERS. 



ABSTRACT OF TITLE. 



I 4. Disposition of fees— indemnity fund- 
how maintained— investment of fund. 

\ 5. Act of June 16. 1887, repealed. 

Approved May 14, 1903. 



2 1. Judgment dockets shall be kept— fur- 
nishing of rooms, books, etc.— books 
open to public inspection. 

I 2, Certifying transcript of abstract books 
—fees allowed, 

I 3. Recorder's bond— approval— county to 
reimburse purchaser of defective 
abstract. 

An Act to authorize recorders of deeds in counties where recorders 
of deeds are elected to keep abstract books, to make abstracts of 
title, and fixing the fees and compensation therefor, and to repeal 
an act therein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all counties where a 
recorder of deeds is elected in which said recorder of deeds has here- 
tofore been, or shall hereafter be required by the county board to 
keep abstract books showing by tract every conveyance or incum- 
brance recorded, the date of the instrument, the time of riling the 
same, the book and page where the same is recorded, and showing a 
true chain of title to each tract and the incumbrances thereon, as 
shown by the records of his office, such recorder shall, and he is 
hereby authorized to keep judgment dockets and indexes thereto, 
showing all judicial proceedings affecting title to real estate in such 
county, tax sale books with indexes thereto, showing sales or for- 
feitures of all lands in the county for unpaid taxes and assessments, 
and such other books as are usual or necessary to be kept for the 
purpose of making complete abstracts of title to real estate; and the 
county board shall furnish such recorder with the necessary rooms, 
books, stationery, fuel and lights for the purposes herein set forth: 
Provided, that nothing in this act shall be construed to empower the 
recorder to prevent the public from examining and taking memoranda 
from all records and instruments filed for record, indexes and other 
books in his official custody, but it shall be his duty at all times, 
when his office is or is required by law to be open, to allow all per- 
sons without fee or reward to examine and take memoranda from the 
same. 

§ 2. Every recorder of deeds keeping such books is hereby au- 
thorized, and it shall be his duty to make and certify under the seal 
of his office, for all persons desiring the same, abstracts of title to 
real estate in his county, and to charge therefor, in counties of the 
third class, not to exceed the following fees: For each certificate, 
certifying to the condition of the title as shown by such abstract, 
judgment and tax books, the sum of three dollars ($3), said sum of 
three dollars ($3) to include the showing of one instrument of con- 



292 EEOORDEES. 



veyance, incumbrance or release thereof, judgment or tax sale. For 
each additional instrument of conveyance, incumbrance or release 
thereof, the sum of one dollar ($1) . For each additional judgment 
or tax sale, the sum of seventy-five (75) cents. 

For chancery and probate court proceedings necessary to be shown, 
one dollar ($1) per page. Which fees shall be accounted for by such 
recorder in like manner with fees received by him from recording. 
And every such recorder shall, for his services in keeping such books 
and making such abstracts of title in counties of the third class, re- 
ceive a salary of one thousand dollars per annum , to be paid only out 
of the fees of his office actually collected, which compensation shall 
be in addition to the salary allowed him for his duties as recorder; in 
counties of the second class he shall receive such salary and be au- 
thorized to charge such fees as may be filed by the county board. 

§ 3. Every such recorder shall, before making and certifying 
such abstracts of title, give a bond with sufficient security, to be ap- 
proved by the county board, payable to the county of which he is 
such recorder, in the penal sum of ten thousand dollars, conditioned 
to secure the accuracy and correctness of any and all such abstracts 
of title, and to indemnify the county for all actual losses or damages 
which the county may be required to pay by reason of any errors, 
mistakes or omissions in any such abstracts of title, to any and all 
persons purchasing such abstract from such recorder. And such 
county shall reimburse any and all persons purchasing any such 
abstract of title from such recorder, for any and all losses or damages 
sustained by such purchaser or purchasers on account of the error, 
mistake or omission aforesaid. 

§ 4. Five per cent of all fees collected by such recorder under 
the provisions of this act, shall be paid by such recorder to the 
county treasurer of his county, for the purpose of an indemnity 
fund, until the said fund shall reach the sum of one hundred thou- 
sand dollars ($100,000), when the payments thereto shall be reduced 
to two and one-half per cent, and so continue while the sum of one 
hundred thousand dollars ($100,000) or more remains in said fund; 
and whenever, at any time, it shall fall below said sum, the payments 
of five per cent as above provided, shall be made. It shall be the 
duty of the treasurer to invest all of said funds, principal and income, 
in his hands from time to time, if not immediately required for pay- 
ment of indemnities, and report annually to the county court the 
condition and income thereof. All investments of the fund or any 
part thereof shall be made with the approval of said court by order 
entered of record. The said fund shall be invested only in the bonds 
or securities of the United States, or of this State, or counties or 
other municipalities of this State. Said fund shall be held to satisfy 
judgments obtained against the county for losses or damages as 
aforesaid, and payment therefrom shall be made only upon order of 
the county board. 

§ 5. That an act entitled, "An act to authorize recorders of deeds 
in counties where recorders of deeds are elected, to keep abstract 



RECORDERS— REPLEVINS. 293 



books, to make abstract of title, and fixing the fees and compensation 
therefor," approved June 16, 1887, in force July 1, 1887, be, and is 
hereby repealed. 

Approved May 14, 1903. 



KEPLEVIN. 



ACTION IN REPLEVIN. 

I 1. Amends section 4, act of 1874. I Approved May 15. 1903. 

I 4. Action— how brought— affidavit. I 

An Act to amend section 4 of an act entitled "An act to revise the 
law in relation to replevin^ approved Feb. 9, 1874, and in force 
July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 4 of an act en- 
titled "An act to revise the law in relation to replevin," approved 
February 9, 1874, and in force July 1, 1874, be amended so as to 
read as follows: 

§ 4. The person bringing such action shall, before the writ issues, 
file with the clerk of the court in which the action is brought, or 
with the justice of the peace before whom the suit is commenced, an 
affidavit showing that the plaintiff in such action is the owner of the 
property described in the writ and about to be replevied, or that he 
is then lawfully entitled to the possession thereof, and that the 
property is wrongfully detained by the defendant, and that the same 
has not been taken for any tax assessment, or fine levied by virtue of 
any law of this State against the property of such plaintiff, or 
against him individually, nor seized under any execution or attach- 
ment against the goods and chattels of such plaintiff liable to execu- 
tion or attachment, nor held by virtue of any writ of replevin against 
such plaintiff. 

Approved May 15, 1903. 



294 REVENUE. 



REVENUE. 



BANKS AND BANK STOCK-ASSESSMENT OP. 



\ 1. Amends sections 30 and 35, act of 1872. 

I 30. Banks other than National or 
State banks— how assessed. 



§ 35. Holders of any kind of bank 
stock— how assessed. 

Approved May 15, 1903. 



An Act to amend sections thirty (30) and thirty -five (35) of an ac 
entitled, "An act for the assessment of property, and for the levy 
and collection of taxes,'" approved March 30, 1872, and in force 
July 1, 1872, as amended by act approved March 10, 1901, in 
force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections thirty (30) and 
thirty-five (35) of an act entitled, "An act for the assessment of 
property and for the levy and collection of taxes," approved March 
30, 1872, in force July 1, 1872, as amended by act approved March 
10, 1901, in force July 1, 1901, be amended to read as follows: 

§ 30. Every bank (other than banks incorporated under the bank- 
ing laws of this State or of the United States), banker, broker or 
stock jobber, shall, at the time fixed by this act for listing personal 
property, make out and furnish the assessor a sworn statement show- 
ing: First, the amount of money on hand or in transit. Second, 
the amount of funds in the hands of other banks, bankers, brokers 
or others, subject to draft. Third, the amount of checks or other 
cash items; the amount thereof not being included in either of the 
preceding items. Fourth , the amount of bills receivable, discounted 
or purchased, and other credits, due or to become due, including ac- 
counts receivable, and interest accrued but not due, and interest dua 
and unpaid. Fifth, the amount of bonds and stocks of every kind, 
and shares of capital stock or joint stock of other companies or cor- 
porations, held as an investment, or any way representing assets. 
Sixth, all other property appertaining to said business, other than 
real estate (which real estate shall be listed and assessed as other 
real estate is listed and assessed under this act). Seventh, the 
amount of all deposits made with them by other parties. Eighth, the 
amount of all accounts payable other than current deposit accounts. 
Ninth, the amount of bonds and other securities exempt by law from 
taxation, specifying the amount and kind of each, the same being in- 
cluded in the preceding fifth item. The aggregate amount Of the 
first item shall be listed as moneys. The amount of the sixth item 
shall be listed the same as other similar personal property is listed 
under this act. The aggregate amount of the seventh and eighth 
items shall be deducted from the aggregate amount of the second, 
third and fourth items of said statement and the amount of the 
remainder, if any, shall be listed as credit. The aggregate amount 
of the ninth item shall be deducted from the aggregate amount of 
the fifth item of such statement, and the remainder shall be listed as 
bonds or stocks. 



REVENUE. 295 



§ 35. The stockholders of every kind of incorporated bank located 
within this State, whether such bank has been organized under the 
banking law of this State, or of the United States, shall be assessed 
and taxed upon the value of their shares of stock therein, in the 
county, town, district, village or city where such bank or banking 
association is located, and not elsewhere, whether such stockholders 
reside in such place or not. The value of such shares of stock for 
purpose of taxation, shall be ascertained by deducting from the value 
of all the shares of the capital stock of such bank, the fair cash value 
of the real estate owned by such bank or banking association situated 
in the county in which such bank or banking association is located 
as determined by the assessor. Such shares shall be listed and 
assessed with regard to the ownership and value thereof as they ex- 
isted on the first day of April annually, subject, however, to the 
restriction, that taxation of such shares shall not be at a greater rate 
than is assessed upon any other moneyed capital in the hands of in- 
dividual citizens of this State, in the county, town, district, village or 
city where such bank is located. The shares held in this State, of 
capital stock of National banks not located in this State, shall not be 
required to be listed under the provisions of this act. 

Approved May 15, 1903. 



COUNTY ASSESSOR AND SUPERVISOR OF ASSESSMENTS. 

I 1. Amends sections 1 and 2, act of 1898. Approved May 16, 1903. 

\ 1. County assessor— salary. 

I 2. Supervisor of assessments- 
deputies — compensation — 
duties— penalty— township as- 
sessors—classification. 

An Act to amend sections one (1) and two (2) of an act entitled, 
"An act for the assessment of property and providing the means 
therefor, and to repeal a certain act therein named," approved 
February 25, 1898, in force July 1, 1898. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections one (1) and 
two (2) of "An act for the assessment of property and providing 
the means therefor, and to repeal a certain act named therein," ap- 
proved February 25, 1898, in force July 1, 1898, be amended to read 
as follows: 

§ 1. That in counties not under township organization the 
county treasurer shall be ex officio county assessor, and he shall re- 
ceive as compensation for his services as county assessor the sum of 
five hundred dollars ($500) per annum: Provided, that in counties 
having a population of less than 125,000 and over 50,000 he shall re- 
ceive the sum of one thousand dollars ($1,000) per annum. 

§ 2. In counties under township organization of less than 
125,000 inhabitants, the county treasurer shall be ex officio supervisor 



296 KEVENUE. 



of assessments in his county, and shall receive as compensation for 
his services as supervisor of assessments the sum of one thousand 
dollars ($1,000) per annum: Provided, that in counties having a 
population of less than 45,000 he shall receive the sum of five hun- 
dred dollars ($500) per annum. He shall have a suitable office, to 
be provided and furnished by the county board, in which he shall 
keep, subject to the inspection of all persons who shall desire to 
consult the same, the assessment books returned to him as directed 
by law. He shall keep his office open for business from 9 o'clock a, 
m. to 5 o'clock p. m. of every day except Sundays and legal holidays. 
He may, by and with the advice and consent of the county board, 
appoint necessary deputies and clerks, their compensation to be fixed 
by the county board and paid by the county. The supervisor of 
assessments shall, on or before the first day of April in each year, 
assemble all assessors and their deputies for consultation, and shall 
give such instructions to them as shall tend to a uniformity in the 
action of the assessors and deputy assessors in his county. Any 
assessor or deputy assessor who shall wilfully refuse or neglect to 
observe or follow the direction of the supervisor of assessments, 
which shall be in accordance with law, shall, upon conviction thereof 
in any court of competent jurisdiction, for each offense be fined not 
less than fifty dollars nor more than five hundred dollars, or be con- 
fined in the county jail not exceeding six months, in the discretion 
of the court. In counties under township organization where a town 
assessor shall be unable alone to perform all the duties of his office, 
he may, by and with the advice and consent of the town board of 
auditors first obtained, appoint one or more suitable persons to act 
as deputies to assist him in making the assessment. The compensa- 
tion of the township assessors shall be as follows: In townships 
containing not less than five thousand (5,000) inhabitants they shall 
reoeive not less than five dollars ($5) nor more than ten dollars ($10) 
per day: Provided, that in townships containing more than fifteen 
thousand (15,000) inhabitants, additional compensation may be 
allowed, making their entire compensation for making the assess- 
ment a sum not exceeding one thousand dollars ($1,000) , in town- 
ships containing less than five thousand (5,000) inhabitants they 
shall receive not less than two and one-half dollars ($2.50) nor more 
than five dollars ($5) per day; necessary deputy assessors shall re- 
ceive not exceeding five dollars ($5) per day. The compensation as 
herein provided shall be fixed by the board of town auditors and 
shall be based upon the time actually employed in the making of 
such assessment, and such assessors and deputies shall make 
affidavit of the time so employed. Population as herein used shall 
be deemed to be the population of such townships as ascertained by 
the last preceding federal and school census. 

Approved, May 15, 1903. 



REVENUE. 



297 



DUPLICATE ASSESSMENT LISTS. 

i 1. Amends section 10, act of 1898. Approved May 14, 1903. 

- 10. Assessment books shall be 
made up before April 1, 1904, 
by county clerks— subsequent 
assessments — annual lists- 
duplication of lists. 

An Act to amend section 10 of "An act for the assessment of prop- 
erty and providing the means therefor, and to repeal a certain act 
therein named" approved Feb. 25, 1898, in force July 1, 1898. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 10 of "An act 
for the assessment of property and providing the means therefor," 
approved February 25, 1898, in force July 1, 1898, be amended to 
read as follows: 

§ 10. The county clerk shall, before the first day of April in the 
year nineteen hundred and four (1904), and every fourth year there- 
after, make up in books to be provided for that purpose, the list of 
lands or lots to be assessed for taxes in the manner provided in the 
general revenue law. He shall also annually before the first day of 
April, make up a list of lands and lots which are taxable or which 
shall become taxable for the first time and which are not already 
listed, and a list of lands and lots which have been subdivided and 
not listed by the proper description. Such lists shall be made up in 
the manner in which the county clerk is required by the general 
revenue law to make such lists and shall upon the order of the board 
of county commissioners or board of supervisors of any county be 
made up in duplicate. 

Approved May 14, 1903. 



GENERAL LEVY FOR STATE PURPOSES. 



1. Revenue per annum, $4, 500, 000— State 
school fund, per annum, $1, 000, 000. 



I 2. Computation and certification of rates. 
Approved May 15. 1903. 



An Act to provide for the necessary revenue for State purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there shall be raised, 
by levying a tax by valuation upon the assessed taxable property of 
the State, the following sums for the purposes hereinafter set forth: 

For general State purposes to be designated "revenue fund," the 
sum of four million five hundred thousand (4,500,000) dollars upon 
the assessed value of the property for the year A. D., 1903; four 
million five hundred thousand (4,500,000) dollars upon the assessed 
value of property for the year A. D. 1904; and for State school pur- 
poses, to be designated "State school fund," the sum of one million 



298 REVENUE. 



(1,000,000) dollars upon the assessed taxable property for the year A. 
I). 1903, and the sum of one million (1.000,000) dollars upon the 
assessed taxable property for the year A. D. 1901, in lieu of the two 
mill tax. 

§ 2. The Governor, Auditor and Treasurer shall annually com- 
pute the several rates per cent required to produce not less than the 
above amounts, anything in any other act providing a different man- 
ner of ascertaining the amount of revenue required to be levied for 
State purposes to the contrary notwithstanding, and when so ascer- 
tained, the Auditor shall certify to the county clerk the proper rates 
per cent therefor, and also such definite rates for other purposes as 
are now, or may hereafter be provided by law, to be levied and 
collected as State taxes, and all other laws and parts of laws in con- 
flict with this act, are hereby repealed. 

Approved Mat 15, 1903. 

sale of lands for delinquent taxes, 



I 222. Documents to be filed by 
county clerk as evidence. 

Approved May 13, 1903. 



i 1. Amends sections 207, 220 and 222, act of 
1S72. 

I 207. Certificate of purehast— form 
— assignment. 

I 220. Deeds of conveyance— form- 
fee. 

An Act to amend sections 207, 220 and 222 of an act entitled, "An 
act for the assessment of property, and for the levy and collection 
of taxes,'''' approved March 30, 1872, in force July 1, 1872. (Said 
section 220 as amended by act approved May 3, 1873.) 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 207, 220 and 
222 (said section 220 as amended by act approved May 3, 1873) of 
an act entitled "An act for the assessment of property, and for the 
levy and collection of taxes," approved March 30, 1872, in force July 
1, 1872, be, and the same are hereby, amended to read as follows: 

§ 207. The county clerk shall make out and deliver to the pur- 
chaser of any lands or lots sold as aforesaid, a certificate of purchase, 
to be countersigned by the collector, describing the land or lots sold 
as the same was described in the delinquent list, date of such sale, 
the amount of taxes, special assessments, interest and cost for which 
the same was sold, and that payment has been made therefor. If any 
person shall become the purchaser of more than one tract or lot, he 
may have the whole, or one or more of them, included in one certifi- 
cate. Such certificate of purchase shall be assignable by endorse- 
ment, and an assignment thereof shall vest in the assignee or his 
legal representatives, all the right and title of the original purchaser: 
Provided, that said clerk shall include, in such certificate of purchase, 
not to exceed one lot, block, tract or piece of land as listed, assessed 
and sold in one description, except in cases where such lot, block, 
tract or piece of land is owned by one party or person. 



REVENUE. 299 



§ 220. When any person shall hold more than one certificate of 
purchase at the same sale, and for the same year's tax or special as- 
sessment, the clerk shall, on the request of the holder of such certifi- 
cate, include as many tracts or lots described therein in the deed of 
conveyance as such person may desire, and for which deed the county 
clerk shall have a fee of 50 cents for each certificate embraced therein: 
Provided, that no greater fee than $3 shall be charged upon any one 
deed: Provided, further, that said clerk shall include in such deed 
not to exceed one lot, block, tract or piece of land as listed, assessed 
and sold in one description, except in cases where such lot, block, 
tract or piece of land is owned by one party or person. 

§ 222. County clerks shall record as evidence upon which deeds 
are issued, the application, all affidavits and notices filed with the 
application, the certificate of sale, and all other documents and papers 
filed in compliance with law, and be entitled to the same fee there- 
for, that may be allowed by law for recording deeds. 

Approved May 13, 1903. 



TOWNSHIP ASSESSORS-DUTIES AND COMPENSATION. 

2 1. Township assessors to follow instruc- Approved April 27, 1903. 
tion of supervisor of assessments- 
compensation of assessors pre- 
scribed. 

An Act to amend an act entitled, "An act for the assessment of 
property and providing the means therefor, and to repeal a cer- 
tain act therein named," approved February 25, 1898, and in 
force February 25, 1898. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 2 of an act 
entitled "An act for the assessment of property and providing the 
means therefor, and to repeal a certain act therein named," approved 
February 25, 1898, in force February 25, 1898, be, and the same is 
hereby, amended to read as follows: 

§ 2. In counties under township organization of less than 125,000 
inhabitants, the county treasurer shall be ex officio supervisor of 
assessments in his county. He shall have a suitable office, to be 
provided and furnished by the county board, in which he shall keep, 
subject to the inspection of all persons who shall desire to consult 
the same, the assessment books returned to him as directed by law. 
He shall keep his office open for business from 9:00 o'clock a. m. to 
5:00 o'clock p. m. of every day, except Sundays and legal holidays, 
He may, by and with the advice and consent of the county board, ap- 
point necessary deputies and clerks, their compensation to be fixed 
by the county board and paid by the county. The supervisor of 
assessments shall, on or before the first day of April in each year, as- 
semble all assessors and their deputies for consultation, and shall 
give such instruction to them as shall tend to a uniformity in the 
action of the assessors and deputy assessors in his county. Any as- 



300 REVENUE. 



sessor or deputy assessor who shall wilfully refuse or neglect to ob- 
serve or follow the directions of the supervisor of assessments, which 
shall be in accordance with law, shall, upon conviction thereof, in 
any court of competent jurisdiction, for each offense be fined not 
less than fifty dollars nor more than five hundred dollars, or be con- 
fined in the county jail not exceeding six months, in the discretion 
of the court. In counties under township organization, where a town 
assessor shall be unable alone to perform all the duties of his office, 
he may, by and with the advice and consent of the town board of 
auditors first obtained, appoint one or more suitable persons to act 
as deputies to assist him in making the assessment. The compensa- 
tion of the township assessors shall be as follows: In townships 
containing not less than five thousand (5,000) inhabitants they shall 
receive not less than five dollars ($5) nor more than ten dollars ($10) 
per day: Provided, that in townships containing more than fifteen 
thousand (15,000) inhabitants and not exceeding fifty thousand (50,- 
000) inhabitants, additional compensation may be allowed, making 
their entire compensation for making the assessment a sum not ex- 
ceeding one thousand (1,000) dollars; and in townships containing 
more than fifty thousand (50,000) inhabitants, and not exceeding 
one hundred and twenty-five thousand (125,000) inhabitants, the as- 
sessor shall receive the sum of two thousand dollars ($2,000) per 
year as his compensation for making the assessment. In townships 
containing less than five thousand (5,000) inhabitants they shall re- 
ceive not less than two and one-half dollars ($2.50) per day, nor more 
than five dollars ($5) per day. Necessary deputy assessors shall re- 
ceive not exceeding five (5) dollars per day. The compensation as 
herein provided shall be fixed by the town board of auditors and shall 
be based upon the time actually employed in the making of such as- 
sessment, and such assessors and deputy assessors shall make affida- 
vit of the time employed. Population as herein used shall be deemed 
to be the population of such township as ascertained by the last pre- 
ceding federal or school census. In townships containing more than 
fifty thousand (50,000) inhabitants, and not exceeding one hundred 
and twenty-five thousand (125,000) inhabitants, the town board of 
auditors shall provide a suitable office for the township assessor and 
furnish the same with the necessary furniture, said office to be kept 
open for the transaction of business from nine o'clock a. m. to five 
o'clock p. m. of every day, except Sundays and legal holidays. The 
said township assessor shall keep in such office such books as he is 
required by law to have, and the same shall be open to inspection 
by all persons who may desire to consult the same, 

Approved April 27, 1903. 



ROADS AND BRIDGES. 301 



ROADS AND BRIDGES. 



AUTOMOBILES-SPEED ON STREETS AND HIGHWAYS REGULATED. 

I i. Evidence in case of action. 
§ 5. Repeal. 



I 1, Speed limited to 15 mlle3 per hour— ex- 
ception. 



§2. Frightening of horses. 
I 3. Penalty. 



Approved May 13, 1903. 



An Aot to regulate the speed of automobiles" and other horseless 
conveyances upon the public streets, roadsland highways of the 
State of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful for 
any person or persons to drive, run, conduct or propel any automo- 
bile or any other conveyance of a similar type or kind used for the 
purpose of transporting or conveying passengers or freight, or any 
other purposes, whether said automobile or conveyance or such other 
vehicle is propelled by steam, gasoline or electricity, or any other 
mechanical power, at a rate of speed in excess of 15 miles per hour 
upon any road or highway in the State of Illinois "or any other rate 
of speed established by ordinance of any city or village of said State, 
upon any street within such city [or] village:" Provided, that 
nothing in this section contained shall prohibit or prevent the 
running of such automobiles, or vehicles at a greater rate of speed 
than 15 miles per hour upon such streets within incorporated cities 
or villages, as may be set apart for use of such automobiles and 
other conveyances, and upon which said cities or villages may, by 
ordinance, permit a greater or require a less rate of speed than here- 
in specified. 

§ 2. Whenever it shall appear that any horse driven or ridden 
by any person, upon any of said streets, roads or highways is about to 
become frightened by the approach of any such automobile or vehicle, 
it shall be the duty of the person driving or conducting such auto- 
mobile or vehicles to cause the same to come to a full stop, until 
such horse or horses have passed. 

§ 3. Any person or persons violating the provision of the fore- 
going section one (1) or two (2) shall upon conviction, be sentenced 
to pay a fine of not less than twenty-five (25) dollars nor more than 
two hundred (200) dollars, and may be confined in the county jail 
not to exceed three (3) months, or both, in the discretion of the 
court. 

§ 4. In any action brought to recover any damages, either to 
person or property caused by running such automobiles or vehicles 
at a greater rate of speed than designated in section one (1) , the 
plaintiff or plaintiffs shall be deemed to have made out a prima facie 
case, by showing the fact of such injury, and that such person or 



302 



BOADS AND BEIDGES. 



persons driving such automobiles or vehicles was, at the time of the 
injury, running the same at a speed in excess of that mentioned in 
section one (1) . 

§ 5. All acts, and part [parts] of acts in conflict are hereby re- 
pealed. 

Approved May 13, 1903. 



GOOD ROADS COMMISSION. 



1. Commission— appointment— how con- 

stituted—duties—report—revision of 
present road laws. 

2. Commission shall serve without pay- 

term of office. 



§3. Appropriates $5, 000— how drawn. 
Approved May 15, 1903. 



An Act to provide for appointment of a good roads commission, 
and to make an appropriation therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be appointed by 
the Governor a commission to be known as the "Good Roads Com- 
mission," to be composed of three persons, one of whom shall be a 
civil engineer experienced as a scientific road builder; one of whom 
shall have been a highway commissioner in Illinois; and one busi- 
ness man of high standing. It shall be the duty of this commission 
to investigate the various problems of road building in Illinois, such 
as the best and most economical native materials, the best system of 
road drainage, the best and most practicable methods by which the 
burden of costs may be equitably distributed among all the people, 
suoh as Federal, State and county aid, convict labor, etc., etc. The 
results of the investigations and studies of the commission shall be 
embodied in a report to the next General Assembly to be accompanied 
by the form of a bill for an act to amend the present road laws of the 
State, so as to conform to the present advanced thought and require- 
ments on the subject of road building. 

§ 2. Such commission shall receive no compensation for its ser- 
vices other than the necessary and legitimate expenses incurred by 
it in the discharge of its official business, The powers and expenses 
of this commission shall cease at the expiration of two years from 
the time of its appointment. 

§ 3. The sum of five thousand dollars, or such part there [thereof] 
as is necessary, is hereby appropriated out of the State Treasury, 
for the expenses of the said commission. 

The Auditor of Public Accounts is hereby authorized and directed 
to draw his warrant for the sum herein appropriated on presentation 
of proper vouchers, certified by said commission, and approved by 
the Governor, and the Treasurer shall pay the same out of the money 
hereby appropriated. 

Approved May 15, 1903. 



ROADS AND BRIDGES. 303 



INCREASE OF TAX RATE FOR ROAD PURPOSES. 
2 1, Amends section 14. act of 1883. I Approved May 15, 1903. 

§ 14. Additional levy— how made. 

An Act entitled, "An act to amend section 14 of an act entitled, l An 
act in regard to roads and bridges in counties under township or- 
ganization, and to repeal an act and parts of acts therein named,'' " 
approved June 23, 1883, in force July 1, 1883, as amended by 
an act approved May 11, 1901, in force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 14 of an act 
entitled, "An act in regard to roads and bridges in counties under 
township organization, and to repeal an act and parts of acts therein 
named," approved June 23, 1883, in force July 1, 1883, as amended 
by an act approved May 11, 1901, in force July 1, 1901, be, and the 
same is hereby, amended to read as follows: 

§14. If, in the opinion of the commissioners, a greater levy is 
needed in view of some contingency, they may certify the same to 
the board of town auditors and the assessor, a majority of whom shall 
be a quorum, and with the consent of a majority of this eritire board 
given in writing, an additional levy may be made of any sum not ex- 
ceeding forty cents on the one hundred dollars of the taxable property 
of the town. 

' Approved May 15, 1903. 



PRIVATE ROADS ESTABLISHED BY PETITION. 

2 1. Amends section 54, act of 1883. Approved May 14, 1903. 

I 54. Private roads established by 
petition — damages fixed by 
jury— payment by parties ben- 
efited—to whom paid— appeal 
—such roads on section lines. 

An Act to amend section 54, chapter 121, of an act entitled, "An 
act in regard to roads and bridges in counties under township or- 
ganization, and to repeal an act and parts of acts therein named,''' 
approved June 23, 1883, in force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 54 of chapter 
121 of said act be amended so as to read as follows : 

§ 54. Private roads.] Roads for private and public use of the 
widths of three rods or less, may be laid out from one dwelling or 
plantation of an individual to any public road, or from one public 
road to another, or from a lot of land to a public road, or from a lot 
of land to a public water-way, on petition to the commissioners by 
any person directly interested. The commissioners, on receiving 
such petition shall have power to lay out the road as asked for 



304 ROADS AND BRIDGES. 



therein, to which end they shall proceed and examine into the merits 
of the case, and shall be governed in their proceedings by the rules 
and regulations in this act in relation to public roads, The jury 
shall consider the damages that may result to parties from said pro- 
posed road, and shall assess the damages to each individual owner of 
lands affected thereby. The amount of such damages shall be paid 
by the persons benefited thereby, to the extent and in proportion 
that they are benefited, to be determined and declared by the jury. The 
remainder of the amount of damages over and above that to be paid by 
the parties as aforesaid, shall be paid by the town as in other cases. 
The amount of damages to be paid by individuals shall be paid to the 
parties entitled thereto, before the road shall be opened for use. An 
appeal may be taken on the question of the propriety and necessity 
of such road, as in other cases: Provided, that in all cases where 
such petition prays for a road on any section line, that the expenses 
and damages incident thereto, shall be borne and paid by the town as 
in other cases. 

Approved May 14, 1903. 



TAXES IN COUNTIES UNDER TOWNSHIP ORGANIZATION. 



I 2. Emergency. 
Approved May 13, 1903. 



i 1. Amends section 119, act of 1883. 

I 119. Road and bridge tax— levy- 
extension — payment — dis- 
position of tax — provision 
as to cities of 35. 000. 

An Act to amend section 119 of chapter 121 of an act entitled, "An 
act in regard to roads and bridges in counties under township or- 
ganization, and to repeal an act and parts of an act therein 
named," approved June 23, 1883, in force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 119 of chapter 
121 of an act entitled, "An act in regard to roads and bridges in 
counties under township organization, and to repeal an act and parts 
of an act therein named," approved June 23, 1883, in force July 1, 
1883, be, and the same is hereby amended to read as follows: 

§ 119. Tax op town or village, etc. — how paid — how ex- 
tended.] The highway commissioners of each town shall, annually, 
ascertain as near as practicable, how much money must be raised on 
real, personal and railroad property for the making and repairing of 
bridges, the payment of damages by reason of the opening, altering 
and laying out of new roads and ditches, the purchase of necessary 
tools, implements and machinery for working roads, the purchase of 
the necessary material for building or repairing or draining roads and 
bridges, the pay of the overseer of highways during the ensuing year, 
and for the payment of all outstanding orders drawn by the com- 
missioners on their treasurer, commencing on Tuesday next pre- 
ceding the annal meeting of the county board in September, which 
tax shall be extended on the tax books, according to the assessment 



ROADS AND BRIDGES. 305 



of the current year; and shall levy a tax on all the real, personal and 
railroad property in said town, not exceeding 40 cents on the one 
hundred dollars; and they shall give to the supervisor of the town- 
ship, and in Cook county to the county board, a statement of the 
amount necessary to be raised, and the rate per cent of taxation, 
signed by said commissioners, or a majority of them, on or before 
the Tuesday next preceding the annual September meeting of the 
board of supervisors, or the county board of Cook county, who shall 
cause the same to be submitted to said board for their action at 
such September meeting of said board: Provided, that if the com- 
missioners of highways, or any three legal voters, shall give notice 
by posting notices in at least three of the most public places of the 
town, at least ten days before the annual meeting, that a larger 
amount of money will be required for the purpose of constructing or 
repairing roads or bridges in their town than can be realized from 
the real, personal and railroad tax authorized by law to be assessed 
by the commissioners, the legal voters present at such meeting may 
authorize an additional amount to be raised by tax, not exceeding 
forty cents on each one hundred dollars valuation, and said board 
shall cause the same to be extended as one tax on the collector's 
books of said town, to be collected as other taxes, and when collected 
shall be paid to the treasurer of the commissioners by the collector 
as fast as the same is collected, except such rate per cent as shall be 
allowed for collecting the same: Provided, that one-half of said 
tax required to be levied by this section on property lying within an 
incorporated village, town or eity, in which the streets and alleys 
are under the care of the corporation, shall be paid over to the 
treasurer of such village, town or city, to be appropriated for the im- 
provements of roads, streets and bridges, either within or without 
said village, town or city, and within the township, under the direc- 
tion of the corporate authorities of such village, town or city: And, 
provided further, that when any of said tax is expended beyond the 
limits of said, village, town, or city, it shall be with the consent of 
the road commissioners of the town: Provided, further, that in all 
cities of thirty-five thousand (35,000) inhabitants or upwards, all of 
said tax required to be levied and collected under this section, with- 
in the limits of such city, shall be paid over to the treasurer of such 
city for city purposes. 

§ 2. Whereas, An emergency exists, therefore, this act shall 
take effect from and after its passage. 

Approved May 13, 1903. 

-20 



306 SCHOOLS. 



SCHOOLS. 



"BIRD DAY"-OBSERVATION OF BY SCHOOLS. 

I 1. "Bird day" instituted— Governor's proclamation— exercises in schools and elsewhere. 

Approved May 16, 1903. 

An Act entitled, "An act to encourage the protection of wild birds." 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the Governor shall, 
annually, in the spring, designate by proclamation, a "Bird Day," 
(which shall be the same day proclaimed by the Governor as "Arbor 
Day," as provided by an act entitled, "An act to encourage the plant- 
ing of trees," approved June 10, 1887, in force July 1, 1887) , to be 
observed throughout the State as a day on which to hold appropriate 
exercises in the public schools and elsewhere tending to show the 
value of wild birds and the necessity for their protection, thus con- 
tributing to the comforts and attractions of our State. 

Approved May 16, 1903. 



BOARDS OP EDUCATION-ELECTION IN CERTAIN DISTRICTS. 
§ 1. Elections for school boards in certain cities of 35,000 population. Approved May 15, 1903. 

An Act to provide for the election of boards of education in cer- 
tain districts. 

Section 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all school districts in 
this State, having a population of over 35,000 by the last Federal census, 
existing by virtue of any special charter, where the board of directors 
or board of education is elected or appointed by the common council of 
the city, of which school district such city may form the whole or a part, 
and where there are no provisions in the special charter creating such 
school district, for the election of a board of directors or board of 
education, there shall be elected hereafter in each of said school dis- 
tricts, in lieu of the present governing body, a board of education, to 
consist of seven members, to be elected at the same time and in the 
same manner, as provided by the general school law for the election 
of boards of education in school districts having a population of not 
less than one thousand and not more than one hundred thousand in- 
habitants. Such board of education, when elected and qualified, 
shall have all the powers of trustees of schools in school townships. 
It shall also have all the powers of boards of directors, and in addi- 
tion thereto, all the powers of boards of education elected by virtue 
of the general school law of this State. 

Approved May 15, 1903. 



SCHOOLS. 307 



BOARDS OP EDUCATION-POWERS AND DUTIES. 

$ 1. Amends section 22, article 6, act of 1889. Approved May 13. 1903. 

§ 22. Item 12 added authorizing use 
of assembly halls and class 
rooms for lectures, etc. 

An Act to amend section 22 of article 6 of an act entitled, "An act 
to establish and maintain a system of free schools," in force May 
21, 1889, by adding to said section 22 of article 6 of said act, a 
paragraph to be numbered twelfth. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 22 of article 6 
of an act entitled, "An act to establish and maintain a system of free 
schools," in force May 21, 1889, be, and hereby is amended by adding 
to said section 22 of article 6 of said act, a paragraph to be num- 
bered twelfth, so that said section 22 of said article 6 of said act 
shall read as follows, to- wit: 

§ 22. The said board of education shall have power, 

First — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Second — To maintain, support and establish schools, and supply 
the inadequacy of the school funds for the salaries of the school 
teachers from school taxes. 

Third — To hire building or rooms for the use of the board. 

Fourth — To hire buildings or rooms for the use of schools. 

Fifth — To employ teachers and fix the amount of their compen- 
sation. 

Sixth — To prescribe the school books to be used, and the studies 
in the different schools. 

Seventh — To lay off, and divide the city into school districts, and 
from time to time alter the same and create new ones, as circum- 
stances may require, and generally to have and possess all the rights, 
powers and authority required for the proper management of schools, 
with power to enact such ordinances as may be deemed necessary and 
expedient for such purpose. 

Eighth — To expel any pupil who may be guilty of gross disobedi- 
ence or misconduct. 

Ninth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause the interests of the school may, in their opinion, require such 
removal or dismission. 

Tenth — To apportion the scholars to the several sohools. 

Eleventh — To lease school property, and to loan moneys belonging 
to the school fund. 



308 



SCHOOLS. 



Twelfth — To grant the use of assembly halls and class rooms, when 
not otherwise needed, including light, heat and attendants, for pub- 
lic lectures, concerts, and other educational and social interests free 
of cost, but under such provisions and control, as they may see fit to 
impose. 

Approved May 13, 1903. 



COMPULSORY ATTENDANCE. 



§ 1. Amends act of 1897. 



§ 1. 



Children from 7 to 14 must at- 
tend school— exceptions. 



§ 2. Penalty for violation of section 1. 
§ 4. Penalty for false statements. 
Approved May 13. 1903. 



An Act to amend section one (1) , two (2) and four (4) of an act 
entitled, "An act to promote attendance of children in schools, and 
to prevent truancy," approved June 11, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections (1), two 
(2) and four (4) of an act entitled, "An act to promote attendance of 
children in school, and to prevent truancy," approved June 11, 1897, 
in force July 1, 1897, be, and the same are hereby, amended so as to 
read as follows: 

§ 1. Every person, having control of any child between the ages 
of seven (7) and fourteen (14) years, shall annually cause such 
child to attend some public or private school, for the entire time 
during which the school attended is in session, which period shall 
not be less than one hundred and ten days of actual teaching: Pro- 
vided, that this act shall not apply in any case where the child has 
been, or is being otherwise instructed for a like period of time in 
each and every year in the elementary branches of education by a 
person or persons competent to give such instruction, or whose phy- 
sical or mental condition renders his or her attendance impracticable 
or inexpedient, or who is excused for temporary absence for cause, by 
the principal or teacher in charge of the school which said child 
attends. 

§ 2. For every neglect of such duty prescribed by section 1 of 
this act, the person, so offending, shall forfeit to the use of the public 
schools of the city, town or district in which such child resides, a 
sum not less than five dollars ($5) nor more than twenty dollars ($20) 
and costs of suit, and shall stand committed, until such fine and cost 
of suit are fully paid. 

§ 4. Any person having control of a child, who, with intent to 
evade the provisions of this act, shall make a false statement con- 
cerning the age of such child, or the time such child has attended 
school, shall, for such offense, forfeit a sum of not less than three 
dollars ($3) nor more than twenty dollars ($20) for the use of the 
public schools of such city, town, village or district. 

Approved May 13, 1903. 



SCHOOLS. 



309 



SCHOOL EMPLOYES' PENSION FCJND. 



1 1. Pension fund— creation of. 
§ 2. 'Employe^' denned. 

2 3 City treasurer custodian of fund- 

books and accounts, how kept— bond 
of treasurer. 

i i. Trustees of fund — election — powers 
and duties. 

I 5- Constitution of board— members ex- 
officio and elective. 

i 6. Powers and duties of board. 

i 7. Retirement for age and service. 

g 8. Benefit to widow of deceased contribu- 
tor to fund. 

I 9. Retirements under act of 1895. 



I 10 



% 11. Voluntary retirements for service. 

§ 12. Retirements for disability. 

I 13. Payments to dismissed contributors 
to fund. 

? U. Monthly reports of president and sec- 
retary to treasurer. 

\ 16. Annuities exempt from attachment. 

§ 16. Appointment and dismissal of school 
employes. 

I 17. Violators of act guilty of misdemeanor 

—penalty. 

I 18. Repeal. 
Approved May 15, 1903. 



Separate fund for contributors under 
act of 1895. 

An Act entitled, "An act to provide for the formation and dis- 
bursement of a public school employe's' pension fund in cities hav- 
ing a population exceeding one hundred thousand inhabitants" 
Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the board of educa- 
tion in cities having a population exceeding one hundred thousand 
inhabitants shall have power, and it shall be its duty, to create a 
public school employe's pension fund, which shall consist of amounts 
retained from the salaries or wages of employes, as hereinafter pro- 
vided, which amounts shall be deducted in equal monthly install- 
ments from such salaries or wages, at the regular time or times of 
the payment thereof, and all moneys derived from any and all other 
sources whatever. 

§ 2. The term "employe" under this act shall include only en- 
gineers, janitors and office employes in the employ of said board of 
education, earning over forty-nine dollars per month, and this act 
shall apply only to those employes who voluntarily accept and agree 
to comply with its provisions. Any employ^, a part of whose salary 
may be set apart hereafter to provide for the fund created by this 
act, may be released from the necessity of making further payments 
to said fund, by filing a written notice of his or her desire to with- 
draw from complying with the provisions of this act, with the board 
of trustees hereinafter mentioned, which resignation shall operate 
and go into effect immediately upon its receipt by said board of 
trustees. 

§ 3. The city treasurer, subject to the control and direction of 
the board of trustees hereinafter mentioned, shall be the custodian of 
said pension fund and shall secure and safely keep the same as 
well as all funds in his possession heretofore contributed under the 
provisions of any law relating to the retirement or pensioning of 
public school employes, and shall keep books and accounts concern- 
ing said fund, in such manner as may be prescribed by the said 



310 SCHOOLS. 



board of trustees, which said books and accounts shall always be 
subject" to the inspection of said board of trustees, or any member 
thereof. The city treasurer shall, within ten days after his election 
or appointment, execute a bond to the city, with good and sufficient 
sureties, in which penal sum as the said board of trustees shall 
direct, which said bond shall be approved by the said board of trus- 
tees, and shall be conditioned for the faithful performance of the duties 
of said office, and that he will safely keep and well and truly account 
for all moneys belonging to said pension fund, and all interest there- 
on, which may come into his hands as such treasurer, and that upon 
the expiration of his term of office, or upon his retirement therefrom 
for any cause, he will surrender and deliver over to his successor all 
unexpended moneys, with such interest as he may have received 
thereon, and all property which may have come into his hands as 
treasurer of said pension fund. Such bonds shall be filed in the 
office of the clerk of said city, and in case of a breach of the same, or 
the conditions thereof, suit may be brought on the same in the name 
of the said city for the use of said board of trustees, or of any person 
or persons injured by such breach, 

§ 4. The board of education shall, in the month of September, 
immediately following the passage of this act, arrange for the elec- 
tion of a board of trustees of said pension fund, composed of six 
members, to be chosen as hereinafter provided, which election shall 
be held not later than October 30 of the same year. Said board of 
trustees shall have power, and it shall be its duty, to administer said 
fund and to carry out the provisions of this act, and for the purpose 
of enabling such board of trustees to perform the duties imposed and 
exercise the powers granted by this act, the board of trustees shall 
be, and is hereby declared to be, a body politic and corporate. 

§ 5. The said board of trustees shall consist of the president and 
secretary of the board of education and four employes contributing 
to said fund. The president and secretary of the board of education 
shall be ex officio members of said board of trustees, and the other 
members shall be elected by ballot by the employes contributing to 
said fund, at the time and for the terms respectively, as follows, to- wit: 
At the first elecj^gnthe contributors of said fund shall elect two of 
their numbg|^l!u sell^for the term of one year, and two to serve for 
the to Mfc^Cr two years^s^gLannually thereafter said contributors shall 
elect^w?Wt j6 bheir numbe^^feold office for the term of two years. 

§ ,J$r - Whenever any elective^TOW^^f the board of trustees shall 
cease to be in the employ of said board of education, his or her mem- 
bership in said board of trustees shall cease. Said board of trustees 
shall have power and it shall be its duty: (1) To determine the 
amount which shall be deducted from the salaries or wages paid to 
employes for the benefit of said pension fund: Provided, the amount 
of such deduction shall not be less than twelve dollars nor more than 
forty-eight dollars per year for each employe: And, provided 
further, that no deduction shall be made from the salary or wages of 



SCHOOLS. 311 



any employ^ who receives less than forty-nine dollars per month, nor 
shall any one who receives a salary of not less than forty-nine dol- 
lars per month participate in said fund. 

(2) To make all payments from said pension fund, pursuant to the 
provisions of this act. 

(3) To administer and invest in their discretion any part of the 
said pension fund remaining in the hands of said treasurer. 

(4) To pay all necessary expenses in connection with the admin- 
istration of said fund, and carrying out the provisions of this act for 
which provision is not otherwise made. 

(5) To determine the amount to be paid as benefits or annuities 
under this act, and to increase or reduce the same in their discretion: 
Provided, that no benefit or annuity shall exceed six hundred dollars 
per year. 

(6) To take by gift, grant or bequest, or otherwise, any money or 
property of any kind, and hold the same for the benefit of said fund. 

(7) To purchase, hold, sell or assign and transfer any of the se- 
curities in which said fund or any part thereof, may be invested. 

(8) To exempt any of said employes from the operation of this 
act, whenever in their judgment the interests of said fund shall 
render such exemption necessary and advisable. 

(9) To fill any vacancy or vacancies in said board of trustees 
until the next annual election, as hereinbefore provided. 

(10) To make and establish all such rules for the transaction of 
their business and such other rules, regulations and by-laws as may 
be necessary for the proper administration of said fund committed 
to their charge, and the performance of the duties imposed upon 
them. 

(11) They shall keep full and complete record of their meetings 
and of the receipts and disbursements on account of such fund, and 
also complete lists of all contributors to said fund, and of all annui- 
tants receiving benefits therefrom, and such other records as in their 
judgment shall seem necessary, and shall make and publish annually 
a full and complete statement of their financial transactions. 

(12) Said board shall hear and determine p 1 - 1 •ttplicatipns for 
benefits under this act, and shall have power to sv, j ^P -an^^itnuity 
whenever, in their judgment, the disability of P'AJ^^^B v..y has 
ceased, or for other good cause. Wt^j**'' 

(13) To compromise, settle or liquidate any*sK£ m against said 
fund, by surrendering the contribution or contributfcws of any indi- 
vidual or individuals, and make the necessary rules, prescribing the 
terms under which such settlements may be made, providing there 
shall be no rule allowing restitution of deductions from salaries after 
the contributor shall have become eligible to an annuity under this 
act. 



312 SCHOOLS. 



§ 7. Any contributor to said fund who shall have attained the 
age of fifty-five years, and shall have been in the service of said board 
of education for a period of ten years, and shall have contributed to 
said fund for the same period, shall have the right to retire and be- 
come a beneficiary under this act, and to receive such benefit or an- 
nuity from said fund as shall be determined by said board of 
trustees, which said benefit or annuity shall be proportionate to the 
amount of the contributions of such employe. 

§ 8. Upon the death of any contributor who is not nor has been 
a beneficiary under this act, the said board of trustees may pay an 
amount not exceeding one year's benefit to the widow, if any, of 
such deceased contributor, and if there be no widow, said board of 
trustees may expend said amount for the benefit of the minor chil- 
dren, if any, of such deceased contributor. 

§ 9 Any employ^ who has heretofore retired from service, pursu- 
ant to the provisions of an act entitled, "An act to provide for the 
formation and disbursement of a public school teachers' and public 
school employes' pension and retirement fund in cities having a 
population exceeding one hundred thousand inhabitants," approved 
May 31, 1895, in force July 1, 1895, and has contributed to the fund 
created by said last mentioned act, shall be entitled to such portion 
of the full annuity provided for under this act as the board of trust- 
ees may determine. 

§ 10. All sums heretofore contributed by employes under the 
provisions of an act entitled, "An act to provide for the formation 
and disbursement of a public school teachers' and public school 
employes' pension and retirement fund in cities having a population 
exceeding one hundred thousand inhabitants," approved May 31, 
1895, in force July 1. ]895, shall be set apart and held by said city 
treasurer as a part of the fund created by this act, and subject to 
the provisions of this act. 

§ 11. Any person who has been an employ^ of said board of edu- 
cation for a period of twenty years or more, and is a contributor to 
said fund, may retire from the service of said board of "education 
upon sixty days' notice to be given to said board of trustees (unless 
such notice is waived by said board of trustees) , and become an an- 
nuitant under this act. 

§ ] 2. Any person who has contributed to said fund for a period 
of ten years or more may retire from the service of said board of edu- 
cation on account of serious disability, rendering him or her unable 
to properly discharge his or her duties, upon one year's notice to be 
given to said board of trustees (unless such notice is waived by said 
board of trustees) and may become an annuitant under this act, and 
shall thereupon be entitled to receive for a period of two years 
(which may be extended upon proof of continued disability), such 
part of the annuity then allowed under the rules of said trustees, as 
said trustees may determine. 



SCHOOLS. 313 



§ 13. Any employ^ who has been contributing to said fund for 
less than ten years, and who shall be dismissed or resign from the 
service of said board of education, may, upon application made 
within three months after the date of such dismissal or resignation, 
receive one-half of the total amount paid into said fund by such per- 
son so dismissed. 

§ 14. The president and secretary of the board of education shall 
certify monthly to the treasurer all amounts deducted in accordance 
with the provisions of this act from the salaries paid by the board of 
education, which amounts, as well as all other sums contributed to 
said fund under the provisions of this act, shall be set apart and held 
by said treasurer for the purpose hereinbefore specified, subject to 
the order of said board of trustees, and shall be paid out upon war- 
rants signed by the president and secretary of said board of trustees. 

§ 15. All annuities granted under the provisions of this act shall 
be exempt from attachment and garnishment process, and no annu- 
itant shall have the right to transfer or assign his or her annuity, 
either by way of mortgage or otherwise. 

§ 16. All elections or appointments of employes by said board of 
education shall be made pursuant to the provisions of an act entitled, 
"An act to regulate the civil service of cities," approved and in force 
March 20, 1895, such election or appointment to be permanent dur- 
ing efficiency and good behavior, and no employ^ who has con- 
tributed to said fund shall be removed or discharged, except for 
cause, upon written charges, which shall be investigated and de- 
termined by the board of education, whose action and decision in the 
matter shall be final. 

§ 17. Any person who shall, directly or indirectly, avoid or seek to 
avoid any or all of the provisions of this act, or who shall, directly or 
indirectly, interfere with, or obstruct the enforcement of any of the 
provisions of this act, shall be guilty of a misdemeanor, and shall, on 
conviction thereof, be punished by a fine of not less than fifty dollars, 
and not exceeding one thousand dollars, or by imprisonment in the 
county jail for a term not exceeding six months, or both such fine or 
imprisonment in the discretion of the court. 

§ 18. All laws and parts of laws which are inconsistent with this 
act, or any provisions thereof, are hereby repealed. 

Approved May 15, 1903. 



314 



SCHOOLS. 



SCHOOLS OR CLASSES FOR CRIPPLED CHILDREN. 



1. State superintendent may grant permit 

to establish school for crippled 
children. 

2. Annual reports of school boards to 

State superintendent. 



I 3. 



Support of such schools— pupils from 
adjoining counties. 



I 5. 



Payments by county superintendent- 
how made. 

Appointment of teachers — qualifica- 
tions. 



Approved May 13, 1903. 



An Act authorizing school districts, managed by boards of educa- 
tion or directors, to establish and maintain schools or classes for 
crippled children in the public schools, and authorizing payment 
therefor from the State common schools funds. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon application by a 
board of education or directors of any school district of the State to 
the State Superintendent of Public Instruction, he shall grant per- 
mission to such board of education or directors, and such board of 
education or directors, shall, thereupon, be empowered to maintain 
public schools, within its limits, for one or more classes, having an 
average attendance of not less than fifteen pupils, for instruction of 
crippled children over the age of six and under twenty-one years, 
residents of the State of Illinois. 

§ 2. Such board of education or directors which shall maintain 
one or more schools for instruction of crippled children, shall report 
to the State Superintendent of Public Instruction annually, and as 
often as said superintendent shall direct, such facts concerning such 
school or schools as he may require. 

§ 3. The county superintendent of schools in each county is hereby 
authorized and directed to apportion and pay out of the State com- 
mon school fund received by such county, to the treasurer or other 
financial officer of such board of education, or directors, maintaining 
such school or schools for the instruction of crippled children, the 
sum of one hundred and fifty dollars for each crippled pupil, resi- 
dent of such county, instructed in any such school for at least nine 
months during the school year, and a share of such sum proportion- 
ate to the term of instruction of any such pupil as shall be so in- 
structed less than nine months during such year. If no such schools 
shall be maintained in any such county, but persons residing in such 
county shall attend such school in an adjoining county, with the per- 
mission of the county superintendent of the county not maintaining 
such school, then said superintendent shall pay to the financial officer 
of the board of education, or directors of the district maintaining 
such school, the amount above specified for each pupil attending such 
school in such other county. 

§ 4. The sums provided in next preceding section shall be paid 
by such county superintendent of schools as soon as may be after the 
receipt by him of the State common school fund in each year, upon 



SCHOOLS — STATE BOARD OF HEALTH. 



315 



satisfactory proof being made to him by the president and the secre- 
tary or clerk of such board of education or directors maintaining 
such school, of the number of pupils instructed in such school or 
schools, and their residence, and the period of time each such pupil 
shall have been so instructed in each school or schools for the pre- 
ceding school year. 

§ 5. All teachers in such schools shall be appointed by the State 
Superintendent of Public Instruction, upon application of the board 
of education, or directors of the school district maintaining such 
school or schools; the State Superintendent of Public Instruction to 
have the power to remove such teachers for cause. No person shall 
hereafter be appointed to teach any such class who shall not have 
first obtained a teacher's certificate, as provided by law, and who 
shall not have received specific instruction in the teaching of crippled 
children for a term of not less than one year. 

Approved May 13, 1903. 

STATE BOARD OF HEALTH. 



REPORTS OP BIRTHS AND DEATHS. 



i 1. Physicians and midwives shall report 
births— to whom made— forms fur- 
nished—duty of parent or house- 
holder. 

\ 2. Fees for reporting births. 

I 3. Commissioners of health shall report 
to county clerk. 

1 4. Physicians and midwives shall report 

deaths in certain cases to State 
Board of Health. 

2 5. Coroners shall report deaths to State 

Board of Health. 

i 6. All reports shall be made on blanks 
prescribed. 

I 7. Fees for reporting deaths. 

§ 8. Commissioner of health shall report 
to State board. 



i 9. State Board of Health shall make 
record and transmit death certifi- 
cates to county clerks. 

i 10. Fees provided for shall be paid by 
county. 

§ 11. County clerk shall record certificates 
t -ijj CI. of births and deaths. 

I 12. State board shall prescribe forms and 
county clerks shall print blanks. 

§ 13. Violations of act a misdemeanor- 
penalty. 

I 14. Disposition of fines— duty of State's 
attorney. 

I 15. Repeals act of 1901. 

Approved May 6, 1903. 



An Act requiring reports of births and deaths, and the recording of 
the same, and prescribing a penalty for non-compliance with the 
provisions thereof, and repealing certain acts therein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: It shall be the duty of every 
physician and midwife in the State of Illinois who attends the birth 
of a child to make a report of said birth with the name of such child 
and such other information as may be required by the State Board 
of Health, within thirty days after its occurrence in writing, to the 



316 STATE BOARD OF HEALTH. 



county clerk of the county in which the said birth takes place: Pro- 
vided, that in cities of 50,000 or more inhabitants reports may be 
made to the city commissioner of health instead of the county clerk, 
if said commissioner of health so requests. 

Such reports shall be made on blank forms prescribed by the State 
Board of Health, and shall contain such information as may be 
directed by said board in resolutions, copies of which shall be printed 
on the reverse of the blank forms aforesaid. When no physician or 
midwife has been in attendance, then it shall be the duty of the 
parents, [or] the householder, to make said report within the time 
and in the manner aforesaid. 

§ 2. Every physician, midwife, parent or householder who shall 
comply with the foregoing provisions shall be paid for each report of 
birth made in the manner directed by the State Board or Health the 
sum of twenty-five (25) cents. 

§ 3. Every city commissioner of health to whom reports of births 
are made shall deliver to the county clerk of the county in which the 
city is located, on or before the tenth day of each month, all reports 
of births received by him during the preceding month. 

§ 4. It shall be the duty of every physician and midwife practic- 
ing in the State of Illinois to report, in writing to the State Board of 
Health, at Springfield, the death of any of his or her patients within 
thirty days after the date of said death: Provided, that in the case 
of death [deaths] which occur within the corporate jurisdiction of 
cities, the ordinance of which requires that the burial or removal 
permit shall be issued before the burial or removal of the body, 
and that before such permit shall be issued, a report or certificate 
of death shall be presented to the official by whom the permit 
shall be issued, no report need be made to the State Board of 
Health by the physician or midwife. 

§ 5. It shall be the duty of the coroner to report, in writing, to 
the State Board of Health, any death coming under his supervision 
within ten days after he receives notice of said death: Provided, 
that this section shall not apply to deaths occurring within the juris- 
diction of the cities referred to in section 4 of this act. 

§ 6. All reports or certificates of death made by physicians, mid- 
wives or coroners, either to the State Board of Health or to a city 
commissioner of health or other city official, shall be made in the 
manner directed by the State Board of Health on the blank forms 
prescribed by the State board. 

§ 7. Every physician, midwife or coroner who shall make a report, 
of death to the State Board of Health in the manner provided for 
in the preceding sections shall be paid for each report the sum of 
twenty -five (25) cents. 

§ 8. It shall be the dutv of the commissioner of health, or the 
other city or village official in the cities referred to in section 4 of 
this act, by whom burial or removal permits are issued, and to whom 
certificates or reports of death are presented, to deliver to the State 



STATE BOARD OF HEALTH. 317 



Board of Health at Springfield, on or before the tenth day of each 
month all certificates or reports of death presented to him during the 
preceding month. 

§ 9. The State Board of Health shall make a record within ten 
days after their receipt of all certificates of death forwarded to it, 
and shall deliver such certificates on or before the first day of the 
succeeding month to the proper county clerk, with a list giving the 
names and addresses of the persons from whom the certificates were 
received. 

§ 10. The fees provided for in section 2 and 7 of this act 
are hereby made and declared to be a charge upon the county in 
which said fees may accrue, and the county clerk of the respective 
counties shall, upon the request of any person entitled to said fees in 
his county, issue to such person his warrant upon the county treas- 
urer of said county for the amount of fees due such person under 
this act, and the county treasurer of said county shall pay the same 
upon presentation out of any money belonging to the county not 
otherwise appropriated: Provided, that no payment shall be made 
under the provisions of cection 2 and 7 of this act in the 
case of still birth where the period of gestation is less than seven 
months. It shall be the duty of the board of supervisors in counties 
under township organization, and the board of county commissioners 
in counties not under township organization, to appropriate such 
sums as may be necessary for said purpose. 

§ 11. The county clerk of each county shall record in the manner 
directed by the State Board of Health all certificates of births and 
deaths delivered to him pursuant to law, and shall file such certifi- 
cates in his office. The record of such certificates shall at all times 
be open to the inspection of the public without fee. Each county 
clerk shall also, during the first ten days of January, April, July and 
October of each year, render to the State Board of Health in the 
manner directed by said board, a full and complete report of all 
births reported to him during the preceding quarter. 

§ 12. The State Board of Health shall prescribe such forms for 
reports of births and certificates of death as it may deem proper, and 
shall furnish a copy of each form to the county clerks of the several 
counties. It shall be the duty of the county clerks to have blank 
reports of births and certificates of death printed strictly in accord- 
ance with the forms prescribed by the State Board of Health, and 
furnish the same free of charge to the physicians, midwives and cor- 
oners: Provided, that in cities and villages the local board or de- 
partment of health or the city or village clerk, as the case may be, 
may have printed blank certificates of death strictly in accordance 
with the forms prescribed by the State Board of Health, and furnish 
the same free of charge to physicians and midwives. No report of a 
birth or certificate of a death shall be made by a physician, midwife 
or coroner except on a blank form such as prescribed by the State 
Board of Health. 



318 



STATE BOARD OF HEALTH. — STATE MILITIA. 



§ 13. Any person or persons who shall violate any of the provi- 
sions of this act shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof shall be fined not less than ten nor more than one 
hundred dollars, or shall be imprisoned in the county jail not to ex- 
ceed thirty days, or shall suffer both such fine and imprisonment in 
the discretion of the court. 

§ 14. All fines collected under the provisions of this act shall be 
paid into the county treasury of the county in which the suit is 
brought, to be used for county purposes, and it shall be the duty of 
the State's attorney in the respective counties to prosecute all per- 
sons violating or refusing to obey the provisions of this act. 

§ 15. An act requiring reports of births and deaths and the record- 
ing of same, regulating the interment or other disposal of dead bodies, 
and prescribing a penalty for non-compliance with the provisions 
thereof, approved May 11, 1901, and in force January 1, 1902, and all 
acts or parts of acts in conflict with the provisions of this act, are 
hereby repealed. 

Approved May 6, 1903. 



STATE MILITIA. 



MILITARY AND NAVAL CODE. 



Article 1. 

1. Liability to service. 

2. Enrollment— proclamation of Governor 

—powers and duties of Governor- 
pay when in service. 

Article 2. 

1. Illinois National Guard— what shall 

constitute— Illinois Naval Reserve— 
what shall constitute— changes in 
the organization— number of general 
officers limited— members exempt 
from jury duty, road labor, etc.— ex- 
emptions from execution— exemp- 
tions from arrest. 

2. The Governor's staff— how consti- 

tuted. 

3. Adjutant General— duties enumerated 

—his accounts, how kept. 

4. Further duties of Adjutant General- 

purchase of supplies— advertise- 
ments— bids— bond of bidder— defec- 
tive supplies. 

5. Brigade staff— how constituted— non- 

commissioned staff. 



§ 6. Regiment of infantry— how consti- 
tuted. 



I 7. 



Battalion of infantry— how consti- 
tuted. 



■I 8. Company of 
tuted. 



9. Regiment 
tuted. 

10. Squadron 

tuted. 

11. Battalion 

tuted. 



infantry— how consti- 

of cavalry— how consti- 

of cavalry— how consti- 

of artillery— how consti- 



l 12. Battery of artillery— how constituted. 

I 13. Band— how constituted. 

I 14. Company of engineers— how consti- 
tuted. 

I 15. Signal corps— how constituted. 

I 16. Medical department— how constituted. 

§ 17. Naval reserve— how constituted. 

§ 18. Divisions may be divided into battal- 
ions at discretion of Commander-in- 
Chief— additional officers for bat- 
talions so formed. 



STATE MILITIA. 



319 



i 19. Divisions of naval forces— officers of 
divisions. 

g 20. Paymaster of naval forces— assistants. 

§ 21. Band of musicians allowed each ship's 
crew. 

g 22. Certain naval officers shall be line 
officers. 

i 23. Senior officer shall command force in 
actual service. 

g 2i. Naval force independent of all divi- 
sions of the land force unless tem- 
porarily attached by the Command- 
er-in-Chief. 

I 26. Officers of naval force— election and 
approval. 

g 26. Examinations required before ap- 
pointment. 

I 27. Examinations— how conducted. 

§ 28. Examinations for petty officers . 

g 29. Officer or seaman of U. S. Navy de- 
tailed for duty with naval brigade. 

Article 3. 

g 1. Officers of national guard— appoint- 
ments and elections. 

g 2. Dissolution or consolidation of incom- 
plete companies or divisions. 

I 3. Rules may be made by Commander-in- 
Chief. 

g 4. U. S. Army regulations govern unless 
otherwise provided by statute. 

g 5. Election of officers— how ordered and 
conducted. 

g 6. Examining boards— how constituted- 
duties. 

g 7. Discharge of militia officers in certain 
contingencies, 

g 8. Examination of officers for ineffi- 
ciency. 

g 9. Constitution of such board— finding. 

Article 4. 

g 1. Assignment of assistant surgeons. 

g 2. Rank of certain surgeons prescribed. 

g 3. Assistant surgeon not to lose rank by 
reason of assignment— dental sur- 
geons. 

g 4. Medical officers— muster out or retire- 
ment of. 



g 5. Medical officers— tenure of office. 

g 6, Incapacitated officers— ordered before 
board of enquiry. 

g 7. Board of enquiry— how convened— 
duties. 

g 8. Hospital stewards— qualifications. 

g 9. Hospital stewards, pharmacists and 
apothecaries. 



Hospital corps privates— how enlisted 
—term of service. 



g 10. 

g 11. Commander of hospital corps. 



Article 5. 

g 1. Drills— number specified— memorial 
day. 

g 2. Tours of field or camp duty author- 
ized. 

g 3. Commanding officer's authority at en- 
campment—sale of liquor near camp. 

Article 6. 

g 1. Rifle practice— general inspector shall 
have charge of. 

g 2. Duties of subordinate inspectors pre- 
scribed by general inspector. 

g 3. Compensation of inspectors— rifle 
ranges— ammunition. 

Article 7. 

g 1. Supplies issued by Adjutant General 
on requisition of commanding officer 
—supplies to be kept at armory. 

g 2. Inspection of armories, arsenals, rifle 
ranges, and other property— report to 
Adjutant General. 

g 3. Annual inspection of land and naval 
forces— compensation of inspecting 
officers— special inspections. 

g 4. Inspector general's annual report. 

g 5. Brigade inspector's report. 

g 6. Armories— command of— no arms nor 
equipments issued until suitable 
armory is provided— loaning of arms 
—false returns concerning property 
—penalty. 

g 7. Location of naval armories— the word 
"armory" defined. 

Article 8. 

g 1. Enlistments — qualifications for — 
term of— minors— who not eligible. 



820 



STATE MILITIA. 



g 2. Re-enlistments— who are eligible. 

g 3. Enlistment papers— form of oath. 

§ 4. Transfers made by commanding offi- 
cers. 

g 5. Reduction to ranks for sufficient 
reasons. 

g 6. Dropping from roll of enlisted men. 

g 7. Taking up men dropped from roll. 

g 8. Retirement by Governor after 15 years' 
service. 

i 9. Discharges at end of term— for disa- 
bility—for other causes— who shall 
issue and sign— dishonorable dis- 
charges. 

Article 9. 

g 1. General court martial for trial of offi- 
cers—how ordered— how constituted. 

I 2. General court martial for trial of men. 

1 3. Summary court. 

I 4. General court martial— jurisdiction of 
—punishments imposed by. 

J 5. Summary court martial— jurisdiction 
of— punishments imposed by. 

I 6. Approval of findings of courts mar- 
tial. 

I 7. Witnesses may be summoned— failure 
to appear— fees. 

g 8. Fines imposed— how collected— de- 
fault of payment. 

g 9. Confinement of military offenders in 
county jails, 

1 10. Dishonorable discharge of delin- 

quents. 

g 11. Fines collected paid into military 
fund. 

g 12. Composition of summary courts and 
general courts martial. 

g 13. Acting judge advocate — how ap- 
pointed. 

Article 10. 

g 1. Retirement of officer after 10 years' 
service. 

g 2. Retirement of officer on account of 
age. 

Article 11. 

2 1. Pay and allowance of officers and men 

in active service. 



I 2. Pay during encampment, field ma- 
neuver or cruise. 

§ 3. Pay while on duty as witness or de- 
fendant under orders of Commander- 
in-Chief. 

§ 4. Claim against State of legal heirs of 
officer or man killed while on duty. 

Article 12. 

g 1. Duty of militia in quelling riots. 

§ 2. Military subject to civil authority, 

§ 3. Orders from civil to military officers- 
discretionary power of military offi- 
cers. 

1 4. Obstruction or interference with mi- 
litia force while on duty. 

g 6. Rioters failing to obey orders of ciyil 
or military officer guilty of a misde- 
meanor—penalty. 

i 6 Assault upon militia while on duty a 
felony— penalty. 

§ 7. Authority of officer commanding mi- 
litia. 

g 8. Person killed by member of military 
or naval force while on duty— pro- 
vision concerning. 

1 9. Civil prosecutions of members of 

organized militia for act done in dis- 
charge of duty— defense— Attorney 
General's powers in premises. 

§ 10. Expenses of defense provided for 
in g9. 

Article 13. 

g 1. Military organization leaving State 
with arms. 

2 2. Drilling and parading with arms pro- 

hibited— exceptions— U. S. flag. 

g 3. Violations of g 2, Art. 13-penalty. 

i 4. Military and naval property— legal use 
of— destruction of— penalty. 

I 5. Uniform of National Guard and Naval 
Reserve— who may lawfully wear- 
violations— penalty. 

g 6. Desertion. 

g 7. Desertion (continued)— trial— penalty. 

g 8. Deserters— duty of State's attorney 
concerning. 

g 9. Repeal. 

Approved May 14,1903. 



STATE MILITIA. 321 



An Act to establish a military and naval code for the State of 
Illinois, and to repeal all acts in conflict herewith. 

Section 1. Enacting clause.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly: That 
the military code of Illinois and other laws bearing upon the military 
and naval forces of this State shall read as follows: 

THE MILITARY AND NAVAL CODE OF ILLINOIS. 

Article 1. — Liability and Enrollment. 

Section 1. All able-bodied male citizens of this State, between 
the ages of 16 and 45 years, except such as are expressly exempted 
by the laws of the United States, or are State or county officers, or 
on account of their profession or employment are exempted by the 
Commander-in-Chief, shall be subject to military duty and designated 
as the "Illinois State Militia." 

§ 2. When it is necessary to execute the laws, suppress or repel 
invasion, or to quell riots, or when a requisition shall be made by the 
President of the United States for troops or seamen, the Governor, 
as Commander-in-Chief, may, by his proclamation, require the enroll- 
ment of the unorganized militia of the State, or such portion thereof 
as may be necessary, and he shall appoint necessary enrolling officers, 
and prescribe their duties, issuing all proper orders that may be re- 
quired in the premises. He may designate the place of rendezvous, 
provide for the organization of the land forces of the militia into 
oompanies, battalions, regiments and brigades, and the naval force 
into divisions and ship's crews, and provide for their equipment, as 
the case may require. The unorganized militia, when called into ac- 
tive service, shall receive the same pay and allowances as is provided 
for like troops in the service of the United States. 

Article 2. — Organization and Exemptions. 

Section 1. The land force of the organized militia shall be 
designated as the Illinois National Guard, and shall consist of not 
more than twenty-four (24) battalions of infantry, one battalion of 
artillery, one regiment of cavalry of eight (8) troops, a company of 
engineers, one signal corps, a medical department and hospital corps, 

The organized naval militia shal be designated as the Illinois 
Naval Reserve, and in time of peace shall consist of a ship's crew or 
complement. 

The Commander-in-Chief may transfer, consolidate, muster out, 
disband and make such other changes in the organization of the Illi- 
nois National Guard and the Illinois Naval Reserve from time to 
time, as the best interests of the service may require, and shall make 
such brigade and regimental organizations as may be necessary for 
the land forces, and such squadron and ship's crew organizations as 
may be necessary for the naval force: Provided, that the number 
of general officers appointed to carry out such organization shall 

—21 



322 STATE MILITIA. 



never exceed four. Every officer, non-commissioned officer, musi- 
cian, private or enlisted man of the Illinois National Guard and the 
Illinois Naval Reserve shall be exempt from jury duty, from pay- 
ment of road labor, and head or poll tax of every description during 
the time he shall hold a commission as officer or be enrolled as an 
enlisted man in the Illinois National Guard or the Illinois Naval 
Reserve; the exemption from jury duty shall continue after discharge 
for a period equal to that honorably completed in the Illinois Na- 
tional Guard or Illinois Naval Reserve. The uniforms, arms and 
equipments of every member of the Illinois National Guard or Illi- 
nois Naval Reserve shall be exempt from all suits, distresses, execu- 
tions or sales for debts or payment of taxes. The members thereof 
shall in all cases except treason, felony or breach of the peace, be 
privileged from arrest and imprisonment by civil authority while 
under orders in the active service of the State from the date of the 
issuing such orders to the time when such service shall cease. 

§ 2. The staff of the Commander-in-Chief shall consist of an Ad- 
jutant General, with the rank of brigadier general, who shall be ex 
officio chief of staff; quartermaster general; commissary general, and 
chief of ordnance; an inspector general; a general inspector of rifle 
practice; a surgeon general; a judge advocate general and an assist- 
ant adjutant general, who shall assist the Adjutant General in the 
discharge of his duties generally, and who shall perform the duties 
of adjutant general in the absence of the Adjutant General from the 
State, or in the event of disability of the Adjutant General, each 
with the rank of colonel; each and all of whom shall have previously 
served as an officer in either the National Guard or Naval Reserve 
or the regular or voluDteer forces of the United States; and ten aides 
de camp, four of whom he may appoint in any grade not above that 
of colonel, and all of whom shall have served in the National Guard 
or Naval Reserve or the regular or volunteer forces of the United 
States; the remaining six shall be appointed by the Governor from 
the commissioned officers of the Illinois National Guard and Illinois 
Naval Reserve in active service of grade below that of colonel, and 
their appointment shall operate as a commission as aides de camp, 
but shall not add to the actual grade of the officers so appointed. 
Officers so appointed as aides de camp shall not be relieved from 
duty with their respective organizations, but shall perform all duty 
pertaining thereto, except when actually on duty as aides de camp 
under the orders of the Governor, and shall hold such appointment 
as aides de camp at the pleasure of the Governor: Provided, that 
officers holding commissions as aides de camp to the Governor with 
the rank of colonel, pursuant to law, at the going into effect of this 
act, shall not thereby be rendered surplus, but may hold their com- 
missions and appointments as aides de camp until the expiration of 
the term of the Governor then in office: And, provided further, 
that the six aides de camp to be appointed from the officers in active 
service in the Illinois National Guard and Illinois Naval Reserve 



STATE MILITIA. 323 



shall not be appointed until the number of aides de camp with the 
rank of oolonel shall have been reduced to four, as provided in this 
section. 

§ 3. Duties op adjutant general.] The Adjutant Genera] 
shall issue and transmit all orders of the Commander-in-Chief with 
reference to the militia, military and naval organizations of the 
State, and shall keep a record of all officers commissioned by the 
Governor and all general and special orders and regulations, and all 
such matters as pertain to the organization of the State militia, the 
Illinois National Guard and the Illinois Naval Reserve, and perform 
the duties of Adjutant General, quartermaster general, commissary 
general and chief of ordnance. He shall have charge of the State 
armory, arsenal and arsenal grounds, and all military camps and 
rifle ranges, and shall receive and issue all ordnance and ordnance 
stores, clothing, camp and garrison equipage, subsistence stores and 
all other public property pertaining to the military and naval forces 
of the State, on the order of the Commander-in-Chief. The Adju- 
tant General shall receive for his services the sum of $3,500 per 
annum. The assistant adjutant general shall receive for his services 
the sum of $2,000 per annum. The Adjutant General may appoint, 
with the approval of the Governor, an ordnance sergeant for perma- 
nent duty at the arsenal at a salary not exceeding $800 per annum. 
The Adjutant General shall have charge of and carefully preserve 
the colors, flags, guidons and military trophies of war belonging to 
the State, and shall not allow the same to be loaned out or removed 
from their proper place of deposit. He shall furnish, at the expense 
of the State, all proper blank books, blanks and forms, and such mili- 
tary and naval instruction books as shall be approved by the Com- 
mander-in-Chief. He shall also, on or before the first day of Octo- 
ber next preceding the regular session of the General Assembly, 
make out a full and detailed report of all the transactions of his 
office, with the receipts and expenditures of the same for the preced- 
ing two years. In preparing his account of the money paid out and 
expended, he will group the expenditures made from each separate 
appropriation under the following sub-heads or titles. 

NATIONAL GUARD. 

1. Armory, rent, fuel, light, janitor, etc. 

2. Camp and garrison equipage, clothing and equipments. 

3. Pay of officers and troops for camp duty, and other duties 
ordered by the Commander-in-Chief. 

4. Transportation of officers and troops. 

5. Subsistence of troops at each camp of instruction, practice 
march, or other duty ordered by the Commander-in-Chief. 

6. Horse hire and forage. 

7. Rifle practioe, including all expenses connected therewith, 
except pay of officers and enlisted men and civil employes. 



324 STATE MILITIA. 



8. Pay of permanent salaried officers, clerks, enlisted men and 
civil employes. 

9. Miscellaneous expenses. 

10. Total expenditures. 

NAVAL RESERVE. 

1. Armory, rent, lights, fuel, janitor, etc. 

2. Camp and garrison equipage, clothing, equipments, tools and 
instruments. 

3. Pay of officers and men for camp or cruise duty, and other 
duties ordered by the Commander-in-Chief. 

4. Transportation of officers and men. 

5. Subsistence of officers and men at each camp of instruction or 
practice cruise, or other duty ordered by the Commander-in-Chief. 

6. Dockage and repairs. 

7. Gun and small arms practice, and expenses immediately per- 
taining thereto. 

8. Pay of permanent salaried officers, clerks, enlisted men and 
civil employes. 

9. Steam engineering department. 

10. Miscellaneous expenses. 

11. Total expenditures. 

The Adjutant General shall also report the total unexpended bal- 
anoe of appropriation on hand, and shall also report upon such other 
matters at such times as shall be required by the Governor. 

The Adjutant General and assistant adjutant general shall each 
reside at the State capital and hold their respective offices during the 
pleasure of the Governor. 

§ 4. The Adjutant General shall direct and have charge of the 
purchase of all military supplies and stores; purchase of supplies 
and stores not exceeding $100 in value, shall be purchased in such 
manner as the Adjutant General shall direct. If such purchase re- 
quire an expenditure exceeding $100, and not exceeding $500, the 
Adjutant General shall procure written proposals to furnish such 
supplies or stores from at least three parties, and shall purchase such 
supplies or stores from the lowest responsible bidder. 

If such purchase shall require the expenditure of a sum exceeding 
$500, he shall publicly advertise for at least ten days in one or more 
(not exceeding four) newspapers of general circulation, published or 
circulated in districts where such supplies or stores are manufactured, 
jobbed or wholesaled, for sealed proposals for furnishing such sup- 
plies or stores, reserving the right to reject any or all proposals; such 
proposals shall be accompanied by samples of the stores or supplies 
proposed to be furnished, when the nature of such stores and sup- 



e 



STATE MILITIA. 325 



plies makes it practicable so to do; such proposals shall be publicly 
opened by the Adjutant General at the place, day and hour desig- 
nated in such advertisement. 

The Adjutant General shall, if the Governor approve, make con- 
tract with the lowest responsible bidder (proposing to furnish the 
quality of stores or supplies called for) to furnish such stores or sup- 
plies. A copy of all advertisements, proposals and contracts shall 
be filed in the office of the Adjutant General. 

The Adjutant General is authorized and directed to require a party 
who shall contract to furnish stores or supplies, or both, to give bond 
to the People of this State in such sum and with such surety as he 
shall direct, conditioned for the faithful performance of such con- 
tract; in case of default such bond shall be prosecuted by the Attor- 
ney General, and all moneys recovered shall be turned into the State 
military fund. All stores, supplies or property purchased under con- 
tract shall be rigidly inspected by an officer detailed for that purpose 
by the Commander-in-Chief, and compared with the samples fur- 
nished or with standard supplies and stores of like character, before 
the same shall be accepted or paid for. 

If such stores and supplies so furnished under contract or proposal 
are defective and not equal in quantity, quality or value to those 
contracted to be furnished, the same shall be rejected. 

The foregoing provisions shall apply in the matter of all purchases, 
except that in time of public danger, or when an emergency exists, 
and the Governor so decides, and so orders in writing, the Adjutant 
General may purchase, or authorize the purchase of stores and sup- 
plies in the open market sufficient for the needs of the emergency 
then existing, without requiring proposals, and without advertising 
for the same. 

§ 5. The staff of a brigade shall consist of an assistant adjutant 
general with rank of lieutenant colonel; an assistant inspector gen- 
eral, with rank of lieutenant colonel; a judge advocate, with rank of 
lieutenant colonel; an inspector of rifle practice, with rank of lieu- 
tenant colonel; a quartermaster, with rank of major; a commissary 
of subsistence, with rank of major, and two aides de camp, each with 
rank of first lieutenant; each and all of whom shall have previously 
served in the Illinois National Guard or Naval Reserve or in the 
regular or volunteer service of the United States. They shall be 
officially designated as Adjutant General, Inspector General, Judge 
Advocate, Chief Inspector of Rifle Practice, Chief Quartermaster, 
Chief Commissary, and Aide de Camp, respectively, of the brigade 
to which they are attached. 

A non-commissioned staff shall be attached to each brigade, to 
consist of a sergeant major, a quartermaster sergeant, a commissary 
sergeant, an ordnance sergeant, a color sergeant, and a trumpeter 
sergeant; all of whom shall be appointed by the general commanding 
the brigade and receive from him a warrant of their rank. They 



326 STATE MILITIA. 



shall reoeive an honorable discharge from service at the pleasure of 
the commanding general, or at the expiration of their term of service, 
unless sooner discharged by due process of law. 

§ 6. A regiment of infantry shall consist of one colonel, one lieu- 
tenant colonel and regimental staff consisting of one adjutant, with 
rank of captain; one quartermaster, with rank of captain, one com- 
missary, with rank of captain; one inspector of rifle practice, with 
rank of captain; one chaplain, with rank of captain; one sergeant 
major; one quartermaster sergeant; one commissary sergeant; one 
ordnance sergeant; one chief trumpeter; two color sergeants; one 
band; and not less than two, nor more than three battalions; and not 
less than eight, nor more than twelve companies. 

§ 7. A battalion of infantry shall consist of one major and a bat- 
talion staff consisting of one adjutant, with rank of first lieutenant; 
one sergeant major; one quartermaster sergeant; one trumpeter ser- 
geant; and not less than two, nor more than four companies. The 
commissioned staff of an unassigned battalion shall be the same as 
that of a regiment, except that the rank of its members shall be 
that of first lieutenant; the non-oommissoned staff shall be the same 
as that of a regiment, with only one color sergeant. 

§ 8. A company of infantry shall consist of one captain, one first 
lieutenant, one second lieutenant, one first sergeant, one quarter- 
master sergeant, four sergeants, two musicians, one artificer, one 
corporal for every ten privates (number of corporals to be four) , two 
cooks, and thirty privates as a minimum and seventy privates as a 
maximum. 

§ 9. A regiment of cavalry shall consist of one colonel, one lieu- 
tenant colonel and a regimental staff consisting of one adjutant, with 
rank of captain; one quartermaster, with rank of captain; one com- 
missary, with rank of captain; one ordnance officer, with rank of 
captain; one chaplain, with rank of captain; one veterinary surgeon, 
with rank of captain; one sergeant major; one quartermaster ser- 
geant; one ordnance sergeant; one commissary sergeant; two color 
sergeants; one saddler sergeant; one farrier sergeant; one chief 
trumpeter; one band; and two squadrons, and not more than eight 
troops. 

§ 10. A squadron of cavalry shall consist of one major and a com- 
missioned staff the same as that of a battalion, a non-commissioned 
staff the same as that of a batallion, and not less than two, nor more 
than four troops. A troop of cavalry shall consist of one captain, 
one first lieutenant, one second lieutenant, one first sergeant, one 
quartermaster sergeant, four sergeants, four corporals, two trump- 
eters, two cooks, one farrier, one blacksmith, one saddler, and twenty- 
eight privates as a minimum, and two additional corporals and forty- 
three privates as a maximum. 

§ 11. A battalion of artillery shall consist of one major, and a 
commissioned staff the same as that of an unassigned battalion, with 
the addition of a veterinary surgeon, with rank of first lieutenant, 



STATE MILITIA. 327 



and a non-commissioned staff the same as that of an unasaigned 
battalion, and not less than two, nor more than four batteries. The 
Commander-in-Chief may authorize the organization and enlistment 
of a band for the artillery battalion. 

§ 12. A battery of artillery shall consist of one captain, one first 
lieutenant, two second lieutenants, one first sergeant, one quarter- 
master sergeant, one veterinary sergeant, four artificers, two trump- 
eters, two cooks, two or three platoons of two guns each, with their 
caissons, with the following allowance for each gun and caisson: one 
sergeant, two corporals, six to ten cannoneers, four to eight drivers. 

§ 13. A band shall consist of one chief musician, two principal 
musicians, one drum major, four sergeants, eight corporals, two 
cooks, and from twelve to twenty-four privates. 

§ 14. A company of engineers shall consist of one captain, three 
first lieutenants, six sergeants; ten corporals, two cooks and a maxi- 
mum of seventy privates. 

§ 15. A signal corps shall consist of one captain, three first lieu- 
tenants, ten sergeants, ten corporals, two cooks, and a miximum of 
seventy privates. 

§ 16. The medical department shall consist of one surgeon gen- 
eral, with rank of colonel, as prescribed in section 2, article 1; for 
each brigade of the Illinois National Guard one assistant surgeon 
general with rank of lieutenant colonel, who shall be designated 
chief surgeon of the brigade to which he is assigned; for each regi- 
ment of the Illinois National Guard one surgeon, with rank of major; 
for each regiment and battalion of artillery of the Illinois National 
Guard, one assistant surgeon, with rank of captain; for each regi- 
ment of infantry and cavalry and battalion of artillery two assistant 
surgeons, with rank of first lieutenant; for each regiment of infantry 
and regiment of cavalry one acting assistant surgeon, with rank of first 
lieutenant as dental surgeon; as secretary to the surgeon general 
one assistant surgeon with the rank of first lieutenant, to keep the rec- 
ords of the department and act in the capacity of adjutant thereof; 
for the naval force a surgeon with the relative rank of lieutenant 
commander; two passed assistant surgeons with the relative rank of 
lieutenant; four assistant surgeons with the relative rank of lieuten- 
ant, junior grade, and a hospital corps, consisting of one hospital 
steward, assigned to the office of the surgeon general; one hospital 
steward to each brigade headquarters; one hospital steward for each 
regiment of infantry, cavalry and battalion of artillery, and one act- 
ing hospital steward for each battalion of infantry, squadron of cav- 
alry and battery; and for the naval reserve one pharmacist to be a 
warrant officer, and such number of apothecaries (not exceeding 
four) as the commanding officer of the naval reserve may direct, and 
hospital corps privates in the ratio of two for each company of infan- 
try, troop of cavalry, battery of artillery, signal corps and engineer 
company, and for the naval reserve such number of hospital attend- 
ants or laymen as the commanding officer may direct, upon the ap- 
proval of the surgeon general. 



828 STATE MILITIA. 



§ 17. The Naval Reserve of the State shall be organized as one 
ship's crew of ten divisions, which shall consist of the eight divisions 
now organized and allowed by law, and in addition to [two] divisions 
as hereinafter provided for, which shall be known and designated as 
the (steam) engineering division, and shall be commanded by a cap- 
tain. There shall be allowed to the captain's staff the following 
commissioned officers, viz.: one commander who shall be chief of 
staff; one commander who shall be chief executive officer; one 
lieutenant commander who shall be chief navigating officer; one 
lieutenant who shall be chief ordinance officer; one lieutenant who 
shall be equipment officer; one lieutenant, junior grade, who shall be 
the signal officer; one lieutenant, junior grade, who shall be the 
secretary, and two aides de camp who shall have the rank of ensign; 
one chief engineer; and one paymaster who shall be attached to the 
captain's staff and each of whom shall have the relative rank of 
lieutenant commander; a chaplain with the relative rank of lieutenant. 
There shall also be allowed to the captain's staff such number of 
warrant officers, not exceeding eight, and petty officers, as the Com- 
mander-in-Chief may from time to time direct. 

§ 18. The Commander-in-Chief, may, at his discretion, to promote 
the efficiency of the service, subdivide the ten divisions into battalions 
of five divisions each, one of which shall be an engineering division. 
When battalions are organized, each battalion shall be commanded 
by a commander, and to each battalion there shall be allowed the 
following additional commissioned officers: one lieutenant com- 
mander, who shall be chief executive officer of the battalion; one 
lieutenant who shall be the navigating and ordnance officer of the 
battalion; one signal officer with the rank of ensign. There shall 
also be allowed to each battalion staff, such number of -petty officers 
as the Commander-in-Chief shall from time to time order and direct. 

Each division, except the engineering division, shall consist of not 
less than forty nor more than eighty petty officers, musicians and 
seamen, and the following commissioned officers, viz.: one lieutenant, 
one lieutenant, junior grade, and two ensigns. The number of petty 
officers and musicians to each division shall be such as the Com- 
mander-in-Chief may, from time to time, order and direct. 

§ 19. As a part of the Illinois Naval Reserve there shall be 
formed from the present organized eight divisions of the naval forces, 
by transfer or otherwise enlisted, if the present divisions are not re- 
cruited to their maximum number of eighty men as allowed by law; 
machinists, firemen, electricians, oilers, coal-passers and yeomen, not 
to exceed twenty-one men from each division, two engineer divisions 
with not less than forty-two nor more than eighty-four warrant 
officers, petty officers and enlisted men. Engineer officers shall be 
assigned to each engineer's division as follows: one passed assistant 
engineer with the relative rank of lieutenant, one passed assistant 
engineer with the relative rank of lieutenant junior grade, and two 
assistant engineers with the relative rank of ensigns. All of whom 
shall be appointed by the Commander-in-Chief upon the recommen- 



STATE MILITIA. 329 



dation of the captain. The engineer division shall be under the 
command of the chief engineer, and shall perform all engineering 
duties of the naval reserve, being assigned for this purpose by the 
chief engineer to the division, or ship's complement when on a tour 
of duty, each division will be under the command of the engineer 
officer assigned to it, and will be administrative and tactical units to 
the same degree as a company of infantry. 

§ 20. The staff paymaster and his assistants shall perform the 
duties of the paymaster of the Illinois Naval Reserve. The Command- 
er-in-Chief may appoint not more than two assistant paymasters, 
with the relative rank of lieutenant, and lieutenant, junior grade, 
who shall be subordinate to and under the orders of the staff pay- 
master. 

§ 21. In addition to chief buglers and division buglers, there shall 
be allowed to the ship's crew a band of not to exceed thirty music- 
ians, who shall be under the direct command and supervision of the 
officer commanding the naval reserve, and shall be carried on the 
captain's muster rolls as attached to headquarters. 

§ 22. Chief of staff, executive officers, navigating and ordnance 
officers, signal officers and aides de camp shall not be deemed to be 
staff officers, but shall be line officers, and, as such, entitled to assume 
command. Acting executive and navigating and ordnance officers 
shall be entitled to the same rank and precedence as officers regularly 
appointed as such. 

§ 23. Whenever the naval reserve, or any part thereof, shall be in 
the field or afloat upon actual service, the senior officer present shall 
command the same, and whenever operating or acting in conjunction 
with the land forces of the militia of the State, the senior officer 
present, according to relative rank of either force, shall command the 
whole, unless otherwise specially ordered or directed by the Com- 
mander-in-Chief, or other competent military or naval authority. 
But no officer of the staff shall be entitled by virtue of his rank to 
assume command when officers of the line are present and capable 
of assuming command, unless expressly authorized so to do by law, 
or by the terms of his commission, where an officer of similar rank 
and position in the United States Navy service would not be entitled 
to assume command, unless by express direction of the Commander- 
in-Chief or other competent authority. 

§ 24. The naval forces shall not be considered as attached to any 
division or brigade of the land forces of the State, but shall be under 
the direct command of the Commander-in-Chief. The Commander- 
in-Chief may, however, attach the naval forces temporarily for mili- 
tary purposes, in case of actual service, to any division or brigade of 
the State troops, should he deem proper so to do, and to place it 
under the command of the commanding officer thereof. Nothing in 
this act contained shall be construed as exempting the naval forces 
from being called into the service of the State, or of the United 
States, in case of war, rebellion, riot or insurrection, or to aid in the 



330 STATE MILITIA. 



enforcement of the laws of the State, or of the United States, in the 
same manner as provided by law for the land forces of the State 
troops. "When called into the service of the State, or of the United 
States, for any purpose, they shall be liable to perform such duties 
as may be required of them, either on shore or afloat. 

§ 25. The captain commanding the naval reserve shall be elected 
by the line officers and, when confirmed by the Commander-in-Chief, 
shall hold his office for five years. The commanding officers of bat- 
talions shall be elected by vote of the commissioned officers of the 
divisions composing such battalion, as soon as organized into bat- 
talions by the Commander-in-Chief. Executive officers, navigating 
and ordnance officers, signal officers, and staff officers shall not be 
entitled to vote at such elections. Such commanding officer shall be 
elected for a period of five years. Commissioned officers of divisions 
shall be elected by the members of each division in good standing in 
the same manner as is prescribed by law for the election of commis- 
sioned officers of companies of infantry, and shall be elected for a 
period of three years' term. 

§ 26. All persons elected or appointed to any commissioned 
office, with the exception of the captain commanding, the brigade 
paymaster, assistant paymaster, and chaplain, shall, before any com- 
mission be issued to them, be required to pass a satisfactory exam- 
ination as to their fitness and capacity for such office. But no per- 
son re-elected or re-appointed to any such office, shall be required to 
pass such examination upon such re-election or re-appointment. 

§ 27. The Commander-in-Chief shall have power to establish by 
rule and regulation the character of examinations required of per- 
sons recommended for appointment or election to office in the naval 
reserve, and to appoint examining boards for the purpo'se of holding 
and conducting such examinations. Such boards may be general for 
the purpose of examining all persons elected or recommended for ap- 
pointment to any grade or office, or may be special for the examina- 
tion of particular persons as the Commander-in-Chief may direct. 
Such boards may be composed in whole or in part of officers of the 
United States Navy service. It shall be the duty of the Adjutant 
General to notify all persons elected or recommended for appoint- 
ment to any commissioned office and subject to examination, to ap- 
pear before the proper examining board for examination at such time 
as the Commander-in-Chief may direct. No person who shall be 
elected or recommended for appointment to any office, and who shall 
fail to pass the required examination, or whose election or appoint- 
ment shall be disapproved (of) by the Commander-in-Chief, shall be 
eligible for election or appointment to such office for at least one 
year thereafter. 

§ 28 The captain commanding may prescribe such examinations 
for promotion or appointment to any warrant or petty office on the 
captain's staff as he may deem proper, and may detail officers to con- 
duct such examinations. Officers commanding battalions shall have 
the same power with regard to petty officers of the battalion staff 
and petty officers of divisions. 



STATE MILITIA. 331 



§ 29. The Commander-in-Chief shall have power to assign any 
officer, warrant or petty officer, or seaman of the United States Navy 
detailed for or assigned to duty with the naval brigade as instructor 
or otherwise, to such duties as he may deem proper and suitable, and 
shall have power to confer on any such officer, warrant or petty 
officer, or seaman, such rank in the naval service of the State during 
such detail or assignment as he may deem best. 



Article 3 — Appointments — Elections. 

§ 1. The appointment and commission of all commissioned officers 
shall be subject to the approval of the Commander-in-Chief. He 
shall appoint and commission the members of his staff, who shall 
hold office during his pleasure. He shall appoint and commission 
the general officers of the Illinois National Guard, who shall hold 
their offices until removed by resignation or retirement, or by sen- 
tence of court martial or finding of a board of inquiry. But no per- 
son shall be appointed a general officer of the line, unless he be 
serving at the time of his appointment as a line officer in the Illinois 
National Guard above the rank of major, and shall have previously 
served as an officer in the Illinois National Guard for not less than 
seven years. All staff officers shall be appointed and commissioned 
by the Commander-in-Chief, upon the recommendation of their im- 
mediate commanders, which commissions shall expire when the nomi- 
nating officers or their successors shall make nominations for their 
respective officers, and such nominations shall be confirmed by the 
Commander-in-Chief. No person shall be appointed or commis- 
sioned as a staff officer (excepting chaplain and medical officers) un- 
less he shall have previously served, or is then serving in the National 
Guard or Naval Reserve of Illinois, or in the volunteer or regular 
forces of the United States. Non-commissioned staff officers of 
brigades, regiments or independent battalions of infantry, squadron 
of cavalry and battalion of artillery of the national guard shall be 
appointed by warrant by the commander of brigades, regiments, 
battalions or squadrons, as the case may be. No person shall be 
appointed a non-commissioned staff officer, unless he be at the time of 
appointment serving in the national guard or naval reserve, or shall 
have previously served and been honorably discharged therefrom, in 
either the national guard or naval reserve, or the regular or volunteer 
forces of the United States. Regimental officers above the rank of 
captain shall be elected by the line officers of the regiment, and, 
when confirmed by the Commander-in-Chief, shall hold their office 
five years. Company officers shall be elected by the members of 
their companies, and, when confirmed by the Commander-in-Chief, 
shall hold office for three years. All non-commissioned officers of 
companies, on recommendation of their captain, shall be appointed 
by warrant by the commander of the regiment, unassigned battalion, 
squadron of cavalry or battalion of artillery, provided they shall have 
passed a satisfactory examination prescribed by the officer issuing 



332 STATE MILITIA. 



the warrant, and that fact so certified to such officer. Commanding 
officers of regiments or unassigned battalions are empowered to de- 
tail an officer or officers to conduct such examinations. 

§ 2. Whenever any company of the Illinois National Guard or 
division of the Naval Reserve shall be reduced to a number of less 
than the minimum herein provided uniformed and active members, 
to be ascertained by an inspection, it may be disbanded or consoli- 
dated with another company by the Commander-in-Chief. 

§ 3. The Commander-in-Chief is hereby authorized to make rules 
and regulations for the government of the military and naval forces 
of the State, but such rules and regulations shall conform to the laws 
of this State, and as nearly as practicable to the regulations for the 
army and navy of the United States. 

§ 4. The organization, equipment, discipline and government of 
the Illinois National Guard and the Naval Reser/e of Illinois, not 
otherwise provided for in this act or in general regulations, shall 
conform to the regulations, customs and usages of the army and navy 
of the United States. 

§ 5. All meetings for the election of officers shall be ordered by 
the Commander-in-Chief. The order therefor shall be addressed to 
an officer of the Illinois National Guard or the Naval Reserve of the 
State to preside at such meeting, who shall, at least one week pre- 
vious thereto, send a notice thereof, by mail or otherwise, to each 
person entitled to vote thereat. The voting shall be by ballot, and a 
majority of all votes cast shall be necessary to elect, and the result 
thereof shall be forthwith returned by the officer presiding through 
military channeJs to the Adjutant General, who shall, when such 
election is confirmed by the Commander-in-Chief, issue the proper 
commissions. If there shall be a failure to elect any officer at two 
meetings ordered therefor, the Commander-in-Chief may fill the va- 
cancy by direct appointment. If the officer designated to preside at 
such meeting shall not appear thereat, the senior officer present shall 
preside. 

§ 6. Examining boards to consist of not less than three nor 
more than five commissioned officers, one of whom shall be a medical 
officer, shall be appointed by the Commander-in-Chief to examine 
and inquire into the mental, moral, professional and physical fitness 
of applicants for commissions as company officers of the line, and 
also applicants for staff commissions below the rank of captain. 
That no original commission, or commission evidencing promotion 
or increased rank as an officer of the line below the rank of major in 
the infantry, cavalry or artillery of the Illinois National Guard, or 
as a staff officer in either of those branches of the service ranking 
below captain, shall be issued by the Governor until the applicant 
therefor shall have passed an examination satisfactory to the examin- 
ing board, and that fact certified by said board to the Commander- 
in-Chief. Applicants for commissions who are under the provisions 
of this section, shall be given at least one week's notice in writing 



STATE MILITIA. 333 



through the Adjutant General's office of the time and place, and be- 
fore whom they shall appear for examination. Applicants failing to 
appear at the time and place cited may, upon good cause shown, be 
given another opportunity to take such examination. Applicants 
appearing for examination pursuant to notification shall be entitled 
to transportation and two days' camp pay of their grade, whether 
they pass such examination or not. 

§ 7. Officers of whatsoever grade, of the Illinois National Guard 
and Naval Reserve whose commissions expire by limitation, and who 
are not re-elected or re-appointed, and staff officers whose commis- 
sions terminate by the act of the officer upon whose staff they are 
serving, and officers who are rendered surplus by reason of the 
muster out of their commands or the consolidation thereof with some 
other command, shall be honorably discharged; officers whom a 
board of survey shall find to be incapacitated for further military 
duty by reason of physical disability, or officers who shall re- 
sign their commissions before the expiration or termination thereof 
for any cause not specified in the succeeding section shall be honor- 
ably discharged. 

§ 8. Officers of the Illinois National Guard or Naval Reserve 
who may become incapacitated for the proper performance of their 
duties by reason of the acquiring of undesirable habits, either of 
appetite, temperament or morals, or by reason of negligence or 
slothfulness, may be ordered before a board of officers on the recom- 
mendation of their immediate commanding officer, or any superior 
commanding officer; which recommendation shall set out fully the 
reason or causes which make it undesirable that such officer should 
longer continue in the service. 

§ 9. Whenever a recommendation is made pursuant to the pro- 
visions of the preceding section, and such recommendation is ap- 
proved by superior commanders, it shall be the duty of the Com- 
mander-in-Chief to convene a board, consisting of not less than three 
nor more than five officers, one at least of whom shall be a medical 
officer, to examine into the matter of such recommendation and the 
conduct and qualifications of the officer who is the subject thereof, 
and report to the Commander-in-Chief, through the Adjutant Gen- 
eral, whether or not they approve such recommendation; if such rec- 
ommendation is approved by the board of officers, then the officer 
who is the subject thereof shall be discharged of the military service 
and his commission vacated. 

Article 4. — Medical Department. 

§ 1. The assistant surgeons general shall be assigned to the staffs 
of the respective brigade commanders, and shall be appointed and 
commissioned by the Commander-in-Chief upon the recommendation 
of the respective brigade commanders, concurred in by the surgeon 



334 STATE MILITIA 



general; surgeons with the rank of major, or relative rank of lieu- 
tenant commander in the naval reserve, shall be assigned to regi- 
ments of infantry and cavalry and the naval reserve, respectively, and 
shall be appointed and commissioned by the Commander-in-Chief 
upon the recommendation of the several regimental commanders, and 
the commander of the naval reserve, respectively, concurred in by the 
surgeon general, and after having passed such examination as the 
surgeon general may prescribe, assistant surgeons with the rank of 
captain, and passed assistant surgeons with the rank of lieutenant in 
the naval reserve, shall be assigned to regiments of infantry, cavalry 
and battalions of artillery and naval reserve, respectively, and shall be 
appointed and commissioned by the Commander-in-Chief upon the 
recommendation of the respective regimental commanders, the artil- 
lery battalion commander and the commander of the naval reserve, 
respectively, concurred in by the surgeon general, and after having 
passed such examination as the surgeon general may prescribe; 
the assistant surgeon, with the rank of first lieutenant, as secretary 
to the surgeon general, shall be appointed and commissioned upon 
the recommendation of that officer; other assistant surgeons, with 
the rank of first lieutenant, shall be assigned in the proportion of two 
to each regiment of infantry, cavalry and battalion of artillery, and 
assistant surgeons with rank of lieutenant, junior grade, in the naval 
reserve, to the naval reserve in such manner as to subserve the best 
interests of that service, and shall be appointed and commissioned by 
the Commander-in-Chief upon the recommendation of the several 
regimental commanders, artillery battalion commander and the com- 
mander of the naval reserve, respectively, concurred in by the sur- 
geon general, and after having passed such an examination as the 
surgeon general may prescribe; the acting assistantfsurgeons as den- 
tal surgeons, with the rank of first lieutenant, shall be assigned to the 
regiments of infantry and cavalry, and shall be appointed and com- 
missioned by the Commander-in-Chief, upon the recommendation of 
the respective regimental commanders, concurred in by the surgeon 
general, and after having passed such examination as the surgeon 
general may prescribe. 

§ 2. Assistant surgeons of the original grade of first lieutenant, 
provided for in the preceding section, shall, after five years service, 
be entitled to the rank of captain. 

§ 3. The provisions of section 1, of this article shall not deprive 
any assistant surgeon of the original grade of first lieutenant, or 
who has attained by length of service the grade of captain, who is 
inactive and assigned to a regiment or battalion at the time of going 
into effect of this act, of his commission as a member of the medical 
department; the appointment and assignment of dental surgeons 
shall be made only as vacancies occur in the grade of assistant 
surgeons through death, resignation, transfer, promotion or dis- 
charge. 

§ 4. Officers of the medical department who at the time of the 
going into effect of this act are in excess of the number as provided 



STATE MILITIA. 335 



in this aot in the grade they then hold, and who are unassigned, 
shall be mustered out of the service by order of the Commander-in- 
Chief, or transferred to the retired list, if they are eligible thereto. 

§ 5. Officers of the medical department (with the exception of 
the surgeon general, who holds his office at the pleasure of the Gov- 
ernor) shall hold their respective offices or grades in the medical de- 
partment for a term of five years unless removed therefrom by death , 
resignation, promotion or the findings of a board of inquiry or court 
martial, approved by the Commander-in-Chief. 

§ 6. Officers of the medical department who may become incapac- 
itated for the performance of their duties as military surgeons by 
reason of the acquiring of undesirable habits, either of appetite, 
temperament, or morals, or by reason of ill health or stress of pro- 
fessional engagements or business, may be ordered before a board of 
inquiry upon the recommendation of the surgeon general or brigade 
commander, if such officer be of the grade of lieutenant colonel or un- 
der; by a regimental commander or commanding officer of the naval 
reserve, if such officer be of the grade of major or lieutenant com- 
mander or under; by the commanding officer of the artillery battal- 
ion, if such officer be of the grade of captain or under. 

§ 7. Whenever a recommendation is made pursuant to the pro- 
visions of the preceding section, and such recommendation is ap- 
proved by superior commanders, and the surgeon general, it shall be 
the duty of the Commander-in-Chief to convene a board consisting 
of not less thau three or more than five officers, at least two of whom 
shall be medical officers, who shall meet at such time and place as 
the Commander-in-Chief may direct, to examine into the matter of 
such recommendation, examine ail witnesses who may be ordered be- 
fore it, and inquire fully and make full report to the Commander- 
in-Chief through the surgeon general, and shall make such recom- 
mendations as the facts of the case warrant and support. Upon the 
approval of such findings by the Commander-in-Chief, he shall, if 
the findings so recommend, order the mustering out of the service 
of such officer. 

§ 8. Hospital stewards shall be registered pharmacists, and act- 
ing hospital stewards shall be either physicians, registered pharma- 
cists, or medical or pharmaceutical students. 

§ 9. Hospital stewards attached to brigade headquarters shall be 
recommended for appointment by the respective assistant surgeons 
general; hospital stewards and acting hospital stewards attached to 
regiments or the battalion of artillery shall be recommended for ap- 
pointment by the ranking surgeon or assistant surgeon of the regi- 
ment or artillery battalion; pharmacists and apothecaries of the 
naval reserve by the ranking medical officer thereof; stewards and 
acting stewards and pharmacists shall be appointed and warranted 
by the surgeon general, upon the recommendations aforesaid, after 
having passed such physical, mental and professional examination 
as the surgeon general may prescribe; stewards and acting stewards, 



336 STATE MILITIA. 



pharmacists and apothecaries, after having qualified for appointment 
as such, shall be required to enlist or be enrolled in the hospital 
corps under the provisions of article 8, entitled, "Enlisted Men of 
the National Guard and Naval Reserve." 

§ 10. Hospital corps privates may be enlisted as such or trans- 
ferred to the hospital corps, from the line upon their own request, 
approved by their company, troop, corps or battery commander, and 
the approval of the medical officer having charge or command of 
that detachment of the hospital corps [to] which the man in ques- 
tion is to be appointed upon enlistment or transfer. Privates of the 
hospital corps shall undergo such examinations, physical, mental and 
moral, as the surgeon general may prescribe. Privates of the hos- 
pital corps shall be enlisted for three years, unless they come within 
the provisions of section 2, article 8, of this act, when they may be 
enlisted for a less term than three years. Men transferred from the 
line to the hospital corps shall receive credit for the length of time 
served on their last enlistment in the line. 

§ 11. The hospital corps and the several detachments thereof 
shall be under the command of the senior medical officer of the or- 
ganization to which they may be attached or assigned, and the equip- 
ment, instruction, training, subsistence and general conduct of such 
detachment shall be under the supervision of the medical officer 
commanding such detachment. 

Article 5. — Parades and Encampments. 

§ 1. The commanding officer of each regiment, battalion, com- 
pany, troop, battery, engineer company, signal corps or hospital 
corps of the national guard or ship's crew, division or other detach- 
ment of the naval reserve, may order weekly or semi- weekly evening 
drills. The minimum number of such drills so ordered to be thirty 
in any one year, and such commanding officer may order such par- 
ades, maneuvers and exercises in addition to the regular drills as the 
proper instruction of his command and the proper observance of 
memorial day may make necessary. 

§ 2. The Commander-in-Chief may order a tour of camp or field 
duty for the national guard, or camp duty or cruise for ship's crew 
or divisions of the naval force of not less than eight or more than 
twelve days annually, and may extend the time of such tours a 
greater number of days than twelve, without expense to the State 
for pay and subsistence for such number of days exceeding twelve. 

§ 3. The commanding officer of any encampment or parade may 
cause those under his command to perform any field or camp duty 
he shall require, and may put under arrest during such encampment 
or parade, any member of his command who shall disobey a superior 
officer or be guilty of disorderly or unmilitary conduct, and any other 
person who shall trespass on the parade or encampment ground, or 
in any way interrupt or molest the orderly discharge of duty by the 
members of his command, and he may prohibit the sale of all spirit- 
uous or malt liquors within one mile of such encampment, and ep_ 



STATE MILITIA. 337 



force such prohibition by force, if necessary: Provided, however, 
that nothing herein contained shall be construed to interfere with 
the regular business of any liquor dealer whose place of business 
shall be situated within said limits before the commencement of said 
encampment. 

Article 6. — Kifle Practice. 

Section 1. The general inspector of rifle practice shall have 
charge of rifle practice throughout the State, and shall superintend 
the manner in which the same shall be conducted, under orders of 
the Commander-in-Chief. 

§ 2. The brigade, regimental and battalion inspectors of rifle 
practice shall perform such duties as may, from time to time, be pre- 
scribed by the general inspector of rifle practice. 

§ 3. Such inspectors of rifle practice shall be paid, as hereinafter 
prescribed, the same as for camp duty, subject to the approval of the 
Commander-in-Chief. The expense of procuring and maintaining 
proper rifle ranges, procuring ammunition and all other things 
deemed proper for the promotion of rifle practice by the Illinois 
National Guard, shall be paid for from the military fund, on bills of 
particulars drawn by the Adjutant General and approved by the 
Commander-in-Chief. 

Article 7. — Arms and Armories. 

Section 1. Upon the muster in of any new organization in the 
Illinois National Guard, or any ship's crew, or division of the naval 
force of Illinois, on the requisition of its commanding officer, and 
the approval of the Governor, the Adjutant General shall issue all 
necessary clothing, equipage, ordnance stores, arms and munitions , 
and all other public property: Provided, however, that when any 
clothing, equipage, ordnance stores, arms or munitions are delivered 
to any commander, he shall execute and deliver to the Adjutant 
General a bond, payable to the People of the State of Illinois, in a 
sufficient amount, and with sufficient security, to be approved by 
the Governor, conditioned for the proper use of such clothing, 
equipage, ordnance stores, arms and munitions, and the return of the 
same, when requested by the proper officer, in good order, 
wear, use and unavoidable loss and damage excepted. All such 
clothing, equipage, ordnance stores, arms and munitions shall be kept 
at the company, regimental, division or ship's crews armory, and the 
same shall not be removed therefrom for any purpose whatever, ex- 
cept for regular drills or when authorized by the commanding 
officer. 

§ 2. The inspector general shall critically inspect at least once in 
each year all State arsenals, camp grounds, rifle ranges, and all State 
property of every kind and nature, stores therein or pertaining 
thereto, and make full report upon proper blanks to the Commander- 

—22 



338 STATE MILITIA. 



in-Chief, through the Adjutant General, of the condition of such 
arsenals, camp grounds and rifle ranges, and the condition, quantity 
and approximate value of all camp and garrison equipage, military 
stores , arms, accoutrements and arsenal stores on hand, and accompany 
said report with such recommendations as to the care and preserva- 
tion of said property, and the disposition of worn out and unservice- 
able property as he deems expedient and proper. 

§ 3. The entire National Guard and Naval Reserve of Illinois 
shall be inspected at their home stations at least once in each year 
by the inspector general or an assistant inspector general, or an act- 
ing assistant inspector general, specially detailed for the purpose by 
the Commander-in-Chief. The officer conducting such inspection 
shall carefully inspect all ordnance stores, clothing, equipage, books, 
records and property belonging to the State, and the commanding 
officer of the organization undergoing inspection shall furnish said 
inspector with all necessary information, data and assistance to that 
end. And said inspector shall also examine and inquire into the 
method and scope of instruction as conducted by the commanding 
officer, the knowledge of, and familiarity with the various duties on 
the part of officers and non-commissioned, warrant and petty officers, 
also inform himself of the status of the organization undergoing in- 
spection in the community where it is stationed, whether or not it 
merits or receives the moral support of the community, and make 
full report upon the prescribed blanks to the Commander-in-Chief, 
through the Adjutant General, (and when the inspection is made by 
an officer other than the inspector general, through the inspector 
general), of the condition of each command, and the ordnance and 
property thereof. » 

Inspecting officers shall be paid for the time actually devoted to 
said duty, under orders of the Commander-in-Chief, the pay of offi- 
cers of like grade in the army of the United States, without longevity 
pay, and all necessary expenses incurred therein shall be paid on 
requisition, in the same manner as hereinbefore provided for. The 
Commander-in-Chief may authorize the commanders of brigades, 
regiments and battalions to inspect their commands or portions 
thereof at their home stations, whenever the interests of the service 
would be subserved thereby, and to authorize the payment for such 
duty as above provided. 

§ 4. The inspector general shall make a written report to the Com- 
mander-in-Chief, each year, embracing therein a statement of all 
troops, arsenals, camps, rifle ranges and property of all kinds inspected 
by him or his assistant, together with the condition thereof, and ac- 
company said report with a statement showing the expenses incurred 
in conducting said inspection, and such comments and recommenda- 
tions as may be requisite. Said report shall be made to include all 
inspections made prior to the first day of September in each year. 

§ 5. The brigade inspectors (assistant inspectors general) and 
acting assistant inspectors general shall make report in writing on 
the prescribed forms to the inspector general of all inspections made 
by them, immediately upon the conclusion of each inspection. 



STATE MILITIA. 339 



§ 6 The armory of each regiment, battalion, company, ship's crew 
or division shall be subject to the order of the Adjutant General, be 
under the charge of its commanding officer, who shall keep therein 
all property furnished by the State; and no company or division 
shall be furnished with arms or equipments until a suitable armory 
shall be provided for their deposit; nor shall such arms be loaned or 
taken from such armories by individual members of the company, 
without the express order or permission of the commanding officer. 
Any officer, non-commissioned officer or private of the Illinois Na- 
tional Guard or Illinois Naval Reserve, knowingly making any false 
certificate or false returns of State property in his hands, or neglect- 
ing or refusing to apply all money drawn from the State treasury for 
the purpose named in the requisition therefor, shall be deemed 
guilty of embezzlement, and shall be punished in a manner as pro- 
vided for that offense in the criminal code of this State. 

§ 7. Armories of the naval force shall be situated immediately 
on or near navigable waters of the State, in such position as best to 
promote the efficiency of the service. The word "armory," as used 
in this section and in any part of this act when applied to the naval 
force, shall be held to include a vessel, boathouse or dock, used as 
an armory for the purpose of instruction, drill and defense. 

Article 8 — Enlisted Men of the National Guard and Naval 

Reserve. 

§ 1. Enlistments. J An able-bodied man of good character be- 
tween the age of sixteen and forty-five years, who can read and write, 
and who is a citizen of the United States, or has declared his inten- 
tion to become such, may be enlisted in the national guard or naval 
reserve of this State, for a term of not less than three years: Pro- 
vided, he may be enlisted for a less term than three years, 
if he comes within the provisions of section 2 of this article. Band 
masters, drum majors, chief trumpeters, principal musicians, veter- 
inary sergeants, hospital stewards, artificers, privates of the hospital 
corps and musicians may be enlisted as such. No minor shall be 
enlisted without the written consent of his parent or guardian; if 
he have no parent or guardian, then upon the written consent of a 
judge of a court of record. A man who has been expelled or dis- 
honorable [dishonorably ] discharged from any military or naval organ- 
ization of this State, or from the military or naval force of the United 
States, or from the military or naval force of any State, territory or 
district of the United States, shall not be eligible for enlistment or 
re- enlistment unless he produces the written consent to such enlist- 
ment of the commanding officer of the organization from which he 
was expelled or dishonorably discharged, and of the commanding 
officer who approves such expulsion, or issued such dishonorable 
discharge. Men who have been honorable [honorably] discharged 
before the expiration of their term of enlistment for any reason, may 
be subsequently enlisted for the balance of such unexpired term. 



340 STATE MILITIA. 



§ 2. Re-enlistments.] Men who have completed a full term of 
enlistment in the national guard or naval force of any state, territory 
or district of the United States, or in the regular or volunteer forces 
of the United States, and have been honorably discharged, may 
re-enlist at any subsequent time in any organization of the national 
guard or naval reserve of this State for a term of one, two or three 
years at their option. 

A man who has served at least one full term of enlistment and has 
been honorable [honorably] discharged in the army or navy, of the 
United States or in the national guard or naval force of any state, 
territory or district of the United States, who is of the age of forty- 
five years or upward, may be enlisted or re-enlisted in the national 
guard or naval reserve of this State upon the approval of the com- 
manding officer of the regiment, unasigned [unassigned] battalion, 
or crew in which he desires to be enrolled. 

§ 3. Enlistment papers.] Every person who enlists or re- 
enlists in the national guard or naval reserve of this State shall sign 
an enlistment paper in form prescribed by the Adjutant General, 
and by taking the following oath or affirmation, which may be ad- 
ministered by any commissioned officer: "I do solemnly swear (or 
affirm) that I will bear true allegiance to the United States and the 
State of Illinois, that I will support the constitutions thereof, and 
serve the State of Illinois faithfully for a term of three years (in 
case of one year enlistments "one year") unless sooner discharged, 
or I cease to be a citizen of the State of Illinois; that I will obey the 
orders of the Commander-in-Chief and such officers as may be placed 
over me, and the laws governing the military forces of the State of 
Illinois, so help me God." 

§ 4. Transfers.] Enlisted men may be transferred, upon their 
own application, in the same regiment or battalion or squadron not 
part of the regiment, from one company, troop, battery or division, 
to another by the commanding officer of such regiment, battalion or 
squadron not part of the regiment, to another in the same brigade 
by the commanding officer of the brigade; from one regiment, bat- 
talion or squadron not part of a regiment to another of the same 
brigade by the commanding officer of the brigade; from one brigade 
to another by the Commander-in-Chief. In the naval force all trans- 
fers shall be made by the commanding officer thereof; from the signal 
corps and engineer companies to another organization, and from the 
naval reserve to the national guard and vice versa by the Commander- 
in-Chief. Non-commissioned and petty officers must be returned to 
the ranks before they can be transferred. 

§ 5. Reduction to ranks.] The officer warranting a non-com- 
missioned, warrant or petty officer shall have power to reduce to the 
ranks for good and sufficient reasons. But such as were enlisted as 
non-commissioned, warrant or petty officers shall be discharged. 

§ 6. Dropping from the roll.] An enlisted man who shall re- 
move his residence to such distance from the armory of his organiza- 



STATE MILITIA. 841 



tion as to render it impracticable for him to perform his duties 
properly, or who, after due diligence, cannot be found, or who shall 
be convicted [of] felony, may be dropped from the roll of his company, 
battery, troop, crew, division, or organization by the commanding 
officer thereof, who shall forthwith report his action to the Adjutant 
General through military channels. 

§ 7. Taking up from dropped. J An enlisted man dropped by 
reason of removal, or by reason of having been beyond the jurisdic- 
tion of his organization, may be taken up at any time within three 
years after such dropping in his former or any other organization, 
obtaining, in the latter case, first, written permission of his former 
commanding officer. All men taken up after being dropped shall 
receive credit for the time served before having been dropped. Men 
taken up from dropped shall be reported forthwith by the officer 
taking them up, to the Adjutant General through military channels, 

§ 8. Retirements.] The Governor may appoint enlisted men 
and commission them, without examination, as second lieutenant 
[lieutenants] or ensigns by brevet, upon the recommendation of their 
commanding officer, and place them upon the retired list at the same 
time, providing they have well served the State in the national guard 
or naval reserve, or both combined, for a period of fifteen years. 

§ 9. Discharges.] Men completing a full term of enlistment or 
re enlistment shall be given an honorable discharge in writing, signed 
by the brigade, regimental, unassigned battalion or squadron or corps 
commander, or the commanding officer of the naval reserve, as the 
case may be, which shall bear a certificate of character, signed by 
the immediate commander of the man discharged, and shall state 
thereon what active service the soldier may have participated in, and 
what grade he has attained in military marksmanship. 

Men who have become disabled for military service may be dis- 
charged by order of the Commander-in-Chief upon a surgeon's cer- 
tificate of disability, which discharge shall be signed, and the notations 
made thereon in preceding paragraph. Enlisted men may be dis- 
charged before the expiration of their term of service for any good 
and sufficient reason approved by their immediate commander, su- 
perior commanders and Commander-in-Chief, and a proper discharge 
paper given, signed and with a character certificate as provided for 
in honorable discharges. 

Discharges of the enlisted men of the hospital service shall be 
issued and signed by the surgeon general, and of the signal corps 
and engineer companies by the respective commander thereof. Dis- 
charges of enlisted men of the naval reserve shall be issued and signed 
by the commanding officer thereof. An enlisted man may be dis- 
honorably discharged by sentence of court martial, or upon the ap- 
plication of any commanding officer when approved by superior 
commanders and the Commander-in-Chief. Before application is 
made for the dishonorable discharge of a man, the officer making the 
application shall notify the man to appear before him and give him 



342 STATE MILITIA. 



an opportunity to show cause why such application should not be 
made, and shall also inform the man of his right to file a plea in 
writing within ten days with said officer, to show why such applica- 
tion should not be granted. The officer shall state in the application 
that this section has been complied with, and the plea, if any be 
filed, shall be forwarded with the application for discharge. Dis- 
honorable discharge papers shall be signed as other discharge papers, 
but shall bear no certificate of character. 

Article 9 — Courts-Martial. 

Section 1. General courts-martial for the trial of commissioned 
officers shall be ordered by the Commander-in-Chief, and shall con- 
sist of seven officers, a majority of whom shall constitute a quorum. 

§ 2. General courts-martial for the trial of enlisted men shall be 
ordered by the Commander-in-Chief, and shall consist of five 
officers, any three of whom shall constitute a quorum. 

§ 3. The commanding officer of a brigade, regiment, unassigned 
battalion, or other organization, may appoint a summary court, to 
consist of one commissioned officer of his command for the trial of 
enlisted men. 

§ 4. A general courts-martial shall have jurisdiction to try all 
offenses against the military law, breaches of order or discipline, or 
neglect of duty. On conviction of any such offenses, the court may 
impose one or more of the following punishments: Cashiering and 
dismissal of officers, reduction of non-commissioned officers to the 
ranks, reprimand, dishonorable discharge, fine not exceeding $100, 
and in default of payment, imprisonment in the county jail not ex- 
ceeding thirty days. 

§ 5. A summary courts-martial shall have jurisdiction to try 
minor offenses against military discipline, and upon conviction the 
court may impose one or more of the following punishments: Rep- 
rimand, forfeiture of whole or part of pay, and a fine not exceeding 
$5, or in default of payment after approval, imprisonment not ex- 
ceeding three days. 

§ 6. All proceedings of courts-martial shall be forwarded to, and 
receive approval of, the officer ordering the same before sentence 
shall go into effect, and such officer may remit, mitigate, or commute 
such sentence. 

§ 7. Witnesses for the prosecution or defense may be summoned to 
attend by subpoena signed by the judge advocate. Any witness, 
duly summoned, who shall fail to appear and testify, may be by war- 
rant of the president of the court, directed to the sheriff or any con- 
stable arrested and treated as in like cases before civil courts. The 
fees of all witnesses shall be the same as allowed in civil cases, to be 
taxed with the necessary expenses of the judge advocate and the 
court, by the president thereof. The Auditor of Public Accounts is 
hereby authorized and directed to issue his warrant on the State 



STATE MILITIA. 343 



Treasurer for the payment of the above fees and expenses, the same 
to be certified to by the Adjutant General, and approved by the 
Governor. All such sums so certified and approved shall be payable 
from the appropriation made for ordinary and contingent ex- 
penses of the Illinois National Guard. The warrant shall be made 
payable to the judge advocate, who shall pay all the expenses of the 
trial when received by him. 

§ 8. It shall be the duty of the president of any general court 
martial or summary court, after the sentence of such courts shall 
have been duly approved, to issue his warrant for the collection of 
all fines imposed by such court martial directed to the sheriff or any 
constable of the county wherein the person against whom such is 
imposed resides, and such officer shall collect all such fines in the 
manner as he is authorized to collect debts in civil suits, and he 
shall make return, within twenty days after receiving the same, to 
the officer issuing such warrant. In default of the payment of any 
such fine, or if the officer executing such warrant shall certify that 
there is no property of the defendant out of which to satisfy such 
warrant then the officer issuing such warrant shall issue his war- 
rant of commitment, directed to such sheriff or constable, who shall 
forthwith take the body of such delinquent and convey him to the 
common jail of such county, and make return thereof to such court. 

§ 9. It shall be the duty of the keepers and wardens of all county 
jails to receive and confine all military offenders, when delivered by 
such sheriff or constable, under proper warrant of commitment, for 
and during the term of sentence set forth in such commitment. No 
such imprisonment shall exceed a period of thirty days, and the 
officer ordering the court that imposed such fine may liberate such 
prisoner at any time. 

§ 10. Enlisted men fined by a military court who shall neglect or 
refuse to pay such fine within forty days after the same has been im- 
posed, may be dishonorably discharged from the service. 

§ 11. All fines levied and collected under the provisions of this 
article shall be paid to the Treasurer of the State, who shall credit the 
same to the military fund of the State. 

§ 12. Summary courts for enlisted men shall be appointed by the 
commanding officer of each ship's crew or complement for his com- 
mand- Any officer of the naval force or a judge advocate of the 
national guard may be assigned to act as a judge advocate of a gen- 
eral court martial for a court of inquiry. General courts-martial, 
courts of inquiry and delinquent courts of officers may be wholly or 
partly composed of officers, junior in rank, to the officer to be tried 
or investigated, where, in the judgment of the Commander-in-Chief, 
the interests of the service so require. 

§ 13. Whenever there is no judge advocate available for duty 
with courts-martial then the Commander-in-Chief may, in his dis- 
cretion, designate an officer of the Illinois National Guard to act as 
such for the time being. 



344 STATE MILITIA. 



Article 10. — Retibed List. 

Section 1. Any commissioned officer who shall have served for a 
period of ten years (including service as an enlisted man) may, upon 
his own request, be placed on the retired list, and withdrawn from 
active service and command, and the vacancy thereby created shall 
be filled in the same manner as other vacancies. 

§ 2. Any commissioned officer of the Illinois National Guard, 
except the Adjutant General of the State, upon arriving at the age 
of sixty-six years shall cease to be an officer on the active list, and 
shall forthwith be transferred to the retired list, and his command 
and duties shall devolve upon the next officer in rank in his brigade, 
regiment, battalion, squadron, battery, troop, company, corps, crew 
or division until the vacancy so occasioned shall be filled in the man- 
ner provided by law. 

Article 11. — Pay and Allowances. 

Section 1. When in actual service for the suppression of riot 
and the enforcement of the laws, and when on duty under orders of 
the Commander-in-Chief, officers of the Illinois National Guard and 
the Naval Reserve of Illinois, shall receive the same pay as provided 
by law for officers of the United States army and navy of like grade, 
including longevity pay, with transportation and subsistence, and en- 
listed men of the Illinois National Guard and Naval Reserve shall 
receive per day, for service actually performed, according to their 
grade, as follows, including transportation and subsistence: 



Sergeant major 

Quartermaster sergeant, 
Commissary sergeant. 



Ordnance sergeant D ■ i i • , i ®n nx 

Color sergeant [ Bn * ade and regimental. . . .$2.75 

Chief trumpeter 

Principal musician 

Hospital steward J 

First sergeant $2J5 

Sergeant major ) 

Quartermaster sergeant > Battalion $2.60 

Trumpeter ) 

Sergeants j $2 50 

Acting hospital stewards ) " ' " *•■ ' 

Corporals ) 

Trumpeters [ $2"25 

Cooks ) 

Privates and seamen $2.00 

Warrant and petty officers of the naval reserve shall receive the 
same pay as non-commissioned officers of the Illinois National Guard, 
according to their relative ranks, grades or rating therewith; said 
payment to be made on rolls prescribed by the Adjutant General. 



STATE MILITIA. 345 



§ 2. The officers shall receive one-half the pay provided in the 
preceding section, and the enlisted men shall receive one dollar ($1) 
for each day's service with transportation and necessary subsistence 
at any encampment, field maneuver or cruise authorized by law, or 
other military duty not specified in the preceding section, ordered by 
the Commander-in-Chief, for the purpose and in the manner herein 
provided : 

Provided, nothing in this act shall be construed as to allow pay to 
officers and men for more than twelve days in any one year, except 
during a time of riot, insurrection or invasion, or while on duty 
under orders of the Commander-in-Chief: 

And, provided, further, that enlisted men of the Illinois National 
Guard and Naval Reserve when on duty at camp of instruction, field 
maneuver or cruise or naval maneuvers, pursuant to orders of the 
president of the United States, and where the United States pays the 
cost of transportation and subsistence for such duty, shall receive 
from the State of Illinois the pay provided for like duty in this sec. 
tion, in addition to such pay as may be allowed by the United States _ 

§ 3. For each day's duty, when under orders from the Commander- 
in-Chief, or as a witness or a defendant under summons from the 
president or judge advocate of a court martial, officers and men shall 
be paid as hereinbefore provided in section 2 of this article. 

§ 4. In every case where an officer, soldier or seaman of the Illi- 
nois National Guard or the Naval Reserve of Illinois shall be killed 
or wounded while performing his duty as an officer, soldier or sea- 
man in pursuant of lawful orders from the Commander-in-Chief, 
said officer, soldier or seaman, or his legal heirs, shall have a claim 
against the State for finanoial help or assistance and the State 
Board of Claims shall act on and adjust the same, as the merits of 
each case may demand. 

Article 12. — Mobs and Riots. 

Section 1. Whenever there is in any city, town or county a 
tumult, riot, mob or body of men acting together by force with 
attempt to commit a felony, or to offer violence to persons or prop- 
erty, or by force or violence to break or resist the laws of the State, 
or when such tumult, riot or mob is threatened, and that fact is made 
to appear to the Governor, it shall be his duty to order such military 
or naval force as he may deem necessary, to aid the civil authorities 
in suppressing such violence, and executing the law. 

§ 2. Whenever the military or naval force shall be ordered out 
by the Governor, on any application of a civil officer, as aforesaid, or 
otherwise, they shall report to such civil officer as the Governor 
shall designate, and shall act in strict subordination to such civil 
authority in preserving peace, quelling riots, or executing the law, 
and may arrest any person or persons on view without process, and 
hold them in custody until, by order of the Commander-in-Chief, 
such person or persons shall be discharged from custody or delivered 



346 STATE MILITIA. 



over to the civil authorities; and whenever necessary to suppress 
riot, disperse the mob, restore the peace and execute the law may 
use such force as may be necessary. 

§ 3. All orders from civil officers to military or naval commanders 
shall contain only the specific act to be performed by the military or 
naval officers. The manner of performing the said act shall be left 
to the discretion of the military or naval officer. Military or naval 
commanders shall transmit a cop_y of such orders at once through 
military channels, to the Commander-in-Chief. 

§ 4. If any person shall molest, interrupt or insult by abusive 
words or behavior shall obstruct any officer or soldier or seaman 
while on duty, or at any parade or drill, he may be put immediately 
under guard, and kept, at the discretion of the commanding officer, 
until the duty, parade or drill is concluded, and such commanding 
officer may turn over such person to any sheriff, or to a police officer 
or constable of a county, city or town wherein such duty, parade or 
drill is held, to be dealt with as the law directs. 

§ 5. Any person or persons composing or taking part in any riot, 
rout, tumult, mob or lawless combination or assemblage, who, after 
being commanded by a civil officer, if one is present, or by a military 
officer, if no civil officer is present, to disperse, wilfully and intent- 
ionally fails to do so, shall be guilty of a misdemeanor, and shall, on 
conviction, be fined in any sum not exceeding five hundred dollars 
($500) or imprisoned in the county jail not exceeding one year, or 
both such fine and imprisonment. 

§ 6. It shall be unlawful for any person to assault or fire upon, 
throw any missile at, against or upon any member or body of the 
national guard or naval force, or civil officer or other person lawfully 
aiding them, when going to, returning from or assembled for per- 
forming any duty under the provisions of this chapter; and any per- 
son so offending shall be guilty of a felony, and may, upon convic- 
tion, be imprisoned in the penitentiary for not less than two nor 
more than five years. 

§ 7. If any portion of the national guard or naval reserve, or per- 
son lawfully aiding them in the performance of any duty, under the 
provisions of this chapter, are assailed, assaulted, attacked or in im- 
minent danger thereof, the commanding officer of such national 
guard or naval reserve may at once proceed to quell such attack and 
disperse the attacking parties, and take all other needful steps for 
the safety of his command. 

§ 8. If any member of the national guard or naval reserve in the 
performance of his military duty, or in pursuance thereof, and while 
acting in his capacity as a member of the national guard or naval 
reserve, shall kill, wound, maim or injure any person, or shall cause, 
order or direct the killing, wounding, maiming or injuring of any 
person, or the injury, destruction or confiscation of any property, 
real or personal, it shall be the duty of the officer commanding the 
military force of which such member is part, as soon as possible 



STATE MILITIA. 347 



thereafter, to convene a board of inquiry, to consist of not less than 
two nor more than five commissioned officers of the military or naval 
force, who shall examine and inquire into the facts in connection 
with, or in relation to the act or acts to be inquired of, and take the 
substance of the proof or evidence of the witnesses to and particip- 
ants in such act or acts down in writing, and transmit the same, 
together with their findings and conclusions from the facts adduced 
before said board, to the Adjutant General through military channels. 

§ 9. If any member of the national guard or naval reserve shall 
be prosecuted by civil or criminal action for any act performed or 
committed by such member, or any act caused, ordered or directed 
by such member to be done or performed in furtherance of, and while 
in the performance of his military duty, all the expenses of the de- 
fense of such action or actions, civil or criminal, including attorneys' 
fees, witnesses' fees for the defense, defendant's court costs, and all 
costs for transcripts of records and abstracts thereof on appeal by the 
defense, shall be paid by the State: Provided, that the Attorney 
General of the State shall be first consulted in regard to, and approve 
of the selection of the attorney for the defense: And, provided fur- 
ther, that the Attorney General of the State may, if he sees fit, as- 
sume the responsibility for the defense of such member and conduct 
the same personally, or by any one or more of his assistants. 

§ 10. The expenses of such defense, as provided for in the pre- 
ceding sections, shall be paid by the Adjutant General out of the 
military fund of the State, upon vouchers and bills approved by the 
Attorney General. 

Article 18. — General Provisions. 

§ 1. No military company or division of the naval force shall leave 
the State with arms and equipments, without the consent of the Com- 
mander-in Chief. 

§ 2. It shall not be lawful for any body of men, other than the 
regularly organized volunteer militia of this State, troops of the 
United States, grand army posts, camps of the sons of veterans or 
organizations of ex-soldiers of the Spanish-American war or Philip- 
pine insurrection, to associate themselves together as a military com- 
pany or organization, to drill or parade with arms in this State, ex- 
cept as hereinafter provided: Provided, that by, and with the con- 
sent of the Governor, independent regiments, battalions or companies, 
organized for the purpose of recreation or to acquire military knowl- 
edge that may better enable them to serve the State in time of pub- 
lic peril, if such should arise, may associate themselves together as a 
military body or organization, and may drill or parade with arms in 
public in this State: Provided, further, that students of educational 
institutions, where military drill is a part of the course of instruc- 
tion, may, with the consent of the Governor, drill and parade with 
arms in public under command of their military instructor: Pro- 
vided, that nothing herein contained shall be construed so as to pre- 



348 STATE MILITIA. 



vent benevolent or social organizations from wearing swords. All 
military organizations in and by this section permitted to drill and 
parade with arms, shall, on occasions of public parade, be required 
to carry the United States flag in addition to any private ensign 
which they may carry: Provided, that the consent herein specified 
may be withdrawn at the pleasure of the Governor. 

§ 3. Whoever offends against the provis