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LAWS OF THE STATE OF ILLINOIS! SPRINGFIE

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DOCUMENTS LIBRARY
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MACOMB, 1LLLN0I8

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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 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

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.

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.

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.

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.

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-

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.

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 annuallyi

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.

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 lAn
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.

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.

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.

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

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

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.

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
partj7, 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.

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.

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.

§ 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.

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

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, ilAn 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 (iAn 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 ilAn 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.

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 (2r/), 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 liAn 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, lAn
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 toMfc^Crtwo years^s^gLannually thereafter said contributors shall
elect^w?Wtj6bheir 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 p1-1 •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 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-

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 provisions of the preceding
section, or belongs to, or parades with any such unauthorized body
of men with arms shall be punished by a fine not exceeding the sum
of one hundred dollars ($100) , or by imprisonment in the common
jail for a term not exceeding six months, or both.

§ 4. All military and naval property issued by the State shall be
used only in the discharge of military duty, and any non-commis-
sioned officer or enlisted man who shall wilfully or wantonly destroy,
secrete, sell or attempt to sell, retain after proper demand made, or
in any manner pawn or pledge such military property, shall be tried
by court martial, and, upon conviction, shall be sentenced to pay a
fine not exceeding one hundred dollars ($100), and in default of the
payment of such fine,may be imprisoned in the county jail not exceed-
ing thirty days.

§ 5. Any person not a member of the Illinois National Guard,
Illinois Naval Reserve, army of the United States, Grand Army of
the Republic, Sons of Veterans, or organizations of ex- soldiers of
the Spanish-American war or the Philippine insurrection, who shall
wear any uniform or designation of rank in use by the national guard
and naval reserve used or authorized in this act, shall be guilty of a
misdemeanor, and, upon conviction, shall be fined in the sum of not
less than twenty dollars ($20) nor more than one hundred dollars
($100) ; such offender shall be proceeded against as in the case of
other misdemeanors under the statute, and the person so fined shall
be committed to the county jail until such fine and attendant costs
are paid.

All fines collected under this section shall be transmitted by the
officer or magistrate collecting the same to the Adjutant General,
for the benefit of the military fund.

§ 8. If an officer, soldier or seaman, in time of peace, habitually
absents himself for the space of four months, from all drills or
parades of the organization to which he belongs, he may be con-
sidered a deserter, and so reported to the Adjutant General through
the regular military channels.

§ 7. Any officer or enlisted man of the Illinois National Guard
or Illinois Naval Reserve who shall wilfully absent himself from his
command, or fail to report to his commanding officer for duty, when
his company, troop, battery, crew or organization is engaged or called
into active service, pursuant to the law, for the suppression of riot
or insurrection, or the protection and preservation of persons and
property, shall be deemed guilty of desertion, and, upon conviction
by court martial, and the approval of the Commander-in-Chief of

STATE MILITIA — SURVEYS AND SURVEYORS. 349

the findings thereof, shall be imprisoned in the county jail of the
county wherein his organization is permanently stationed, for such
period of time, not exceeding six months, as a court martial may di-
rect, and shall be dishonorably discharged. A warrant of commit-
ment, signed by the president and judge advocate of said court ac-
companied by a certified copy of the findings of said court, as ap-
proved by the Governor, shall be sufficient authority to the sheriff of
the county to imprison such convicted person.

§ 8. It shall be the duty of the State's attorney of the county
wherein such convicted person shall be imprisoned to resist before
the courts any application for a writ of habeas corpus that may be
prosecuted by persons convicted and sentenced under this act.

§ 9. All acts, and parts of acts in conflict herewith, are hereby
repealed.

Approved May 14, 1903.

SURVEYS AND SURVEYORS.

IMPERSONATION OP COUNTY SURVEYOR.

I 1. Amends section 1. act of 1874. § 1. Oath prescribed — penalty foJ

false impersonation of sur-
veyor.

Approved May 13. 1903.

An Act to amend section one (1) of an act entitled, "An act to re-
vise the law in relation to county surveyors, and the custody of
the United States field notes,'" approved March 1, 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 one (1)
of an act entitled, "An act to revise the law in relation to county
surveyors, and the custody of the United States field notes," approved
March 1, 1874, in force July 1, 1874, be amended so that the same
shall read as follows:

Section 1. That every county surveyor shall, before entering upon
the duties of his office, take and subscribe and file in the office of the
county clerk, the following oath: "I do solemly swear (or affirm, as
the case may be,) that I will support the constitution of the United
States, and the constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of county surveyor to the
best of my ability."

Whoever, not being a duly elected and qualified county ' surveyor,
shall hold himself out or pretend to be a county surveyor, or shall in
any manner represent or advertise himself as county surveyor, shall
forfeit and pay the sum of not less than twenty-five dollars ($25)
nor more than two hundred dollars ($200) for each offense, to be

350

SURVEYS AND SURVEYORS — TELEGRAPHS AND TELEPHONES.

recovered before any court of competent jurisdiction, in an action of
debt to be brought in the name of the People of the State of Illinois,
for the benefit of the school fund of the city or school ^district in
which the recovery is had.
Approved May 13, 1903.

TELEGRAPHS AND TELEPHONES.

TELEPHONE companies-regulation op.

1. Companies already organized subject

to provisions of this act.

2. Injuries to telephone lines subject to

laws concerning telegraph lines.

3. Telephone wires over rails of steam or

electric roads.

I i. Condemnation of property for U3e of
telephone companies same as for
telegraph lines.

I 5. Mortgages and deeds of trust executed
by telephone companies— recording,
etc.

Approved May 16, 1903.

An Act relating to the powers, duties and property of telephone

companies.

Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That each corporation here-
tofore or hereafter having power under its charter, or under any
special or general law of the State of Illinois to construct or operate
telephone lines or exchanges in or through Illinois, shall possess the
powers and privileges, and be subject to the duties, restrictions and
liabilities prescribed in this act.

§ 2. All acts now or hereafter in force relating to the injuring,
molesting or destroying any part or parts of any telegraph line, wire
or cable, pole, pier, abutment, or any material or property or effects
belonging thereto, and to the cutting, damaging, breaking, tapping
or making any unlawful connection with any telegraph line, wire,
cable or instrument, shall apply to such telephone lines and ex-
changes, with the fines, penalties, judgments and punishment pro-
vided in such acts applicable to telegraph companies or their lines
or property.

§ 3. Whenever the lines or cables of any such company are erected
or constructed over the rails of any steam or electric railroad within
the State of Illinois, such company shall maintain such wires or
cables not less than twenty-five (25) feet above the surface of the
rails. Any failure or refusal so to do shall render such company
liable to a fine of not more than fifty dollars ($50) for each offense,
to be recovered upon conviction thereof, before any court of compe-
tent jurisdiction. All fines collected by virtue of this act shall be
paid into the common school fund of the township in which the
offense is committed.

TELEGRAPHS AND TELEPHONES. 351

§ 4. Every such company may, when it shall be necessary for the
construction, maintenance, alteration or extension of its telephone
system, or any part thereof, enter upon, take or damage private
property in the manner provided for in, and the compensation there-
for shall be ascertained and made in conformity to the provisions
of "An act to revise the law in relation to telegraph companies,"
approved March 24, 1874, and in force July 1, 1874, and every such
companies [company J is authorized to construct, maintain, alter and
extend its poles, wires, cables and other appliances as a proper
use of highways, along, upon, under and across any highway,
street, alley, water or public ground in this State, but so as not
to incommode the public in the use thereof: Provided, that
nothing in this act shall interfere with the control now vested in
cities, incorporated towns and villages in relation to the regulation
of the poles, wires, cables and other appliances: And provided,
that before any such lines shall be constructed along any such high-
way it shall be the duty of the telephone company proposing to con-
struct any such line, to give to the highway commissioners having
jurisdiction and control over the road or part thereof along and over
which such line is proposed to be constructed, notice in writing of
the purpose and intention of said company to construct such line
over and along said road or highway, which said notice shall be
served at least ten days before said line shall be placed or constructed
over and along said highway; and upon the giving of said notice it
shall be the duty of said highway commissioners to specify the por-
tion of such road or highway upon which the said line may be placed
and constructed, and it shall thereupon be the duty of the said com-
pany to construct its said line in accordance with such specifications;
but in the event that the said highway commissioners shall, for any
reason, fail to make such specification within ten days after the
service of such notice, then the said company, without such specifi-
cation having been made, may proceed to place and erect its said
line along said highway by placing its posts, poles and abutments so
as not to interfere with other proper uses of said road or highway:
Provided, that such telephone companies shall not have the right to
condemn any portion of the right of way of any railroad company
except as much thereof as is necessary to cross the same.

§ 5. Any mortgage or deed of trust which shall hereafter be exe-
cuted by any telephone company upon its real and personal property
in the manner provided for the execution of mortgages upon real
estate shall be and constitute a valid lien against the rights and in-
terests of any third persons upon all and [a?id] every part of the prop-
erty of said company, which is described in said mortgage, and which
is situated in any county in this State, where said deed of trust or
mortgage shall be recorded in the manner provided for the recording
of mortgages upon real estate; and all mortgages or deeds of trust
which have heretofore been executed and recorded in the manner
provided by law for the execution and recording of mortgages upon
real estate, shall be and constitute valid liens as against the rights

352 TELEGRAPHS AND TELEPHONES — TOWNSHIP ORGANIZATION.

and interests of third parties, which shall be acquired subsequently
to the recording in any county where any property of said corpora-
tion may be situate of confirmatory conveyance or assurance: Pro-
vided, if said original mortgage or deed of trust shall not have been
recorded in any county where any property of said company shall be
situated, then the recording of the original instrument in such county
shall make said deed of trust or mortgage a valid lien as against the
rights and interests of third parties acquired subsequently to such
recording of said instrument.
Approved May 16, 1903.

TOWNSHIP ORGANIZATION.

CITY TERRITORY ORGANIZED AS TOWN.
I 1. Amends section 1 of act of 1877. Approved May 15, 1903.

\ 1. Oreanization as a town of terri-
tory embraced within a city-
city of 15,000 or more popula-
tion lying within two or more
towns.

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 therein as a town,''' approved May 23,
1877, enforced [in force] July 1, 1877.

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 authorize county boards in counties under town-
ship organization to organize certain territory situated therein as a
town," approved May 23, 1877, in force July 1, 1877, be, and the
same is hereby, amended so as to read as follows:

Section 1. Be it enacted by the People of the State of Illinois ,
represented in the General Assembly: That the county board, in
any county under township organization, may provide that the ter-
ritory embraced within any city in such county shall be organized
as a town: Provided, such territory shall have a population of not
less than three thousand: And provided, the city council in such
city shall, by resolution, request such action by the county board:
And, provided further , that whenever the territory of any city of a
population of not less than fifteen thousand shall be composed of
portions of two or more townships, and shall, by its council request,
by resolution, the county board to organize it into a separate town-
ship, as aforesaid, and shall designate the name thereof, it shall be
the duty of the county board to comply with such request and provide
for such organization of said city into a new township under the
name designated in such resolution of said city council.

Approved May 15, 1903.

TOWNSHIP ORGANIZATION. 353

TOWNSHIP BOUNDARIES-CHANGES BY COUNTY BOARD.

2 1. Amends section 1. article 3. act of 1S74 . Approved May 14, 1903.

I 1. Change of boundaries by count y
board — area of new town-
population required — notice
of change— division of incor-
porated towns— emergency.

An Act to amend section 1 of article three (8) of an act entitled,
"An act to revise the law in relation to township organization^
approved and in force March 4, 1874.

Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That section one of article
three of an act entitled, "An act to revise the law in relation to
township organization," approved and in force March 4, 1874, be
amended so as to read as follows :

§ 1. Powers of the county board. J The county board or
board of supervisors of each county, shall have jurisdiction to alter
the boundaries of towns, to change town lines and to divide, enlarge
and create new towns in their respective counties; and the county
board or board of supervisors may make alterations of the town
boundaries, and create a new town whenever, in any territory of not
less than 16 square miles, three-fourths or more of the voters resi-
dent in such territory shall petition for such new town: Provided,
however, that such new territory proposed to be organized into a
new town shall cod tain at least two hundred legal voters: Provided
further, that the portion of the town remaining after such new
town is created shall also contain not less than two hundred legal
voters and not less than sixteen square miles: Provided, however,
the county board or board of supervisors shall give notice thereof,
by posting up notices in not less than five of the most public places
of the town interested, at least sixty days before their final action;
also by publishing such notice at least three times in some newspaper
published in the county wherein said towns are situated, if any shall
be published therein: Provided further, that no incorporated towns
shall be divided, except consent thereto is given by a majority
of all the electors in said town, notice that the question of dividing
said town will be submitted to the legal voters thereof having
been given by the county clerk at the same time, and in the same
manner as the notice of general elections.

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

Approved May 14, 1903.

-23

354 UNITED STATES.

UNITED STATES.

JURISDICTION OVER CERTAIN LANDS CEDED.

I 1. Canal lands in Cook county ceded for
turning basin— description of lands
ceded.

§ 2. State reserves right to serve and exa"
cute process on lands ceded.

Approved May 13, 1903.

An Act to cede certain lands to the United States.

Whereas, The United States Government is desirous of construct-
ing a turning basin for lake vessels in the Chicago river, and an ap-
propriation has been made by Congress of the United States there-
for; and,

Whereas, It is important to the successful construction and proper
location of said turning basin that the United States should have
certain of the canal lands belonging to the State of Illinois; there-
fore,

Section 1. Be it enacted by the People of the State of Illinois>
represented in the General Assembly: That there be, and is hereby,
ceded to the United States for use in constructing a turning basin,
the following land, to wit: All that part of lot 1 shown on the "plat
of the Canal Commissioners' sub-division of that part of the south-
west quarter of section twenty-nine, township 39 north, of
range fourteen east of the third principal meridian, lying south of
the main canal west of the Chicago river, and known as blocks twelve
and thirteen of the canal trustees' sub- division of blocks ten, ten and
a half, eleven, twelve and thirteen, in the southwest quarter of said
section twenty-nine; also block 'a,' not previously surveyed or platted,
in said southwest quarter section, and east of the Chicago river," in
the city of Chicago, Cook county, Illinois, as follows: Lying north
of a line beginning at a point on the southwesterly line of said lot 1,
distant 129.5 feet in a westerly direction from the northwesterly side
of Levee street, said point being also at the intersection of the said
southwesterly line of said lot 1, with the present (November, 1902)
south dock of the Illinois and Michigan canal; thence in an east by
south direction to the intersection of the easterly side of said lot 1,
with the northerly side of Levee street, containing 41,466 square
feet.

§ 2. Jurisdiction of the State of Illinois over said lands is hereby
ceded to the United States, subject, however, to the right of the State
and any and all officers under its authority, to serve and execute on
said lands any civil or criminal process issuod under the authority of
the State of Illinois, or any officer thereof, in the same manner as if
jurisdiction had not been ceded to the United States.

Approved May 13, 1903.

wills. 355

WILLS.

PROBATE OF WILLS.

I 1. Amends section 7, act of 1872. Approved May 15, 1903.

g 7. Contest of will— limitation.

An Act to amend section 7 of an act entitled, "An act in regard to
wills,'1'' 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.

Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That 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, be, and the same is hereby, amended to
read as follows:

Section 7. Will contested.] §7. When any will, testament, or
codicil shall be exhibited in the county court for probate thereof as
aforesaid, it shall be the duty of the court to receive the probate of
the same without delay, and to grant letters testamentary thereon to
the person or persons entitled, and to do all other needful acts to
enable the parties concerned to make settlement of the estate at as
early day as shall be consistent with the right of the respective per-
sons interested therein: Provided, however, that if any person
interested shall, within one (1) year after the probate of any such
will, testament or codicil in the county court as aforesaid, appear,
and by his or her bill in chancery contest the validity of the same,
an issue at law shall be made up whether the writing produced be
the will of the testator or testatrix or not, which shall be tried by a
jury in the circuit court of the county wherein such will, testament
or codicil shall have been proven and recorded as aforesaid, accord-
ing to the practice in courts of chancery in similar cases; but if no
such person shall appear within the time aforesaid, the probate shall
be forever binding and conclusive on all of the parties concerned,
saving to infants or non compos mentis the like period after the
removal of their respective disabilities. And in all such trials by
jury as aforesaid, the certificate of the oath of the witnesses at the
time of the first probate, shall be admitted as evidence, and to have
such weight as the jury shall think it may deserve.

Approved May 15, 1903.

356 JOINT RESOLUTIONS.

JOINT RESOLUTIONS.

Adjournment, January 8 to January 13.

Resolved by the Senate, the House of Representatives concurring herein, That
when the two Houses adjourn on Thursday, January 8, 1903, they stand ad-
journed until Tuesday, January 13, 1903, at 10:00 o'clock a. m.

Adopted by the Senate, January 8, 1903.

Concurred in by the House, January 8, 1903.

Adjournment, January 15 to January 20.

Resolved, by the House of Representatives, the Senate concurring herein, That
when the two Houses adjourn today, they adjourn to meet on Tuesday, the
20th day of January, A. D. 1903, at 10:00 o'clock a. m.

Adopted by the House, January 15, 1903.

Concurred in by the Senate, January 15, 1903.

Adjournment, January 21 to January 27.

Resolved by the Senate, the House of Representatives concurring herein, that
when the two Houses adjourn on Wednesday, January 21, 1903, they stand
adjourned until Tuesday, January 27, 1903, at 10:00 o'clock a. m.

Adopted by the Senate, January 21, 1903.

Concurred in by the House, January 21, 1903.

Adjournment. January 29 to February 3.

Resolved, by the House of Representatives, the Senate concurring herein, That
when the two Houses adjourn on Thursday, January 29, 1903, they stand ad-
journed to meet at 10:00 o'clock a. m., Tuesday, February 3, 1903.

Adopted by the House, January 29, 1903.

Concurred in by the Senate, January 29, 1903.

Adjournment, February 11 to February 17.

Whereas, Thursday, February 12, is the anniversary of the birth of
Abraham Lincoln; therefore,

JOINT RESOLUTIONS. 357

Eesolved, by the Senate, the House of Representatives concurring herein, That
when the two Houses adjourn on Wednesday, February 11, 1903, they stand
adjourned until Tuesday, February 17, 1903.

Adopted by the Senate, February 10, 1903.

Concurred in by the House, February 11, 1903.

Adjournment, April 3 to April 8.

Resolved, by the Senate, the House of Representatives concurring herein, That
when the two Houses adjourn on Friday, April 3, 1903, they stand adjourned
until Wednesday, April 8, 1903, 10:00 o'clock a. m.

Adopted by the Senate, April 1, 1903.

Concurred in by the House, April 1, 1903.

Adjournment, Sine Die.

Resolved, by the House of Representatives, the Senate concurring herein, That
when the two Houses adjourn on Thursday, May 7, 1903, they stand adjourned
sine die.

Adopted by the House, April 29, 1903.

Concurred in by the Senate. May 7, 1903.

Cairo Expedition— Correction op Records.

Whereas, It is claimed by the Survivors' Association of the Cairo Expedi-
tion of April, 1861, that the records regarding the troops and organization of
said expedition on file in the Adjutant General's office, State of Illinois, are
incomplete and in many cases incorrect; and,

Whereas, Justice demands that the records pertaining to the military his-
tory of the Illinois troops in the wars of the nation should be absolutely correct,
reliable and complete; therefore, be it

Resolved by the Senate, the House of Representatives concurring therein, That
the Adjutant General of the State of Illinois is hereby authorized and em-
powered to confer with the Survivors' Association of the Cairo Expedition of
April, 1861, to examine and obtain extracts from the War Department relative
to the Cairo expedition aforesaid, and to correct and amend the records of
his office in accordance with the facts ascertained by him and to which the
troops and organizations of the Cairo expedition may be justly and legally
entitled.

Adopted by the Senate, April 23, 1903.

Concurred in by the House, April 23, 1903.

Canvass op Election Returns.

Resolved, by the House of Representatives, the Senate concurring herein, That
the two Houses meet in joint session in the hall of the House of Representa-
tives on Thursday, the 8th day of January, A. D. 1903, at the hour of 11:00
o'clock a. m., for the purpose of canvassing the returns of the election for
State officers held on the fourth day of November, 1902, as required by the
Constitution of this State.

Adopted by the House, January 7, 1903.

Concurred in by the Senate, January 8, 1903.

358 JOINT RESOLUTIONS.

Chicago— New Charter Proposed.

Resolved, by the House of Representatives of the State of Illinois, the Senate
concurring therein, That there shall be submitted to the electors of this State
for adoption or rejection at the next election of members of the General As-
sembly, a proposition to amend the Constitution of this State as follows:

Resolved, That article IV of the Constitution of this State be amended by
adding thereto a section to be numbered and known as section 34 and reading
as follows, to-wit:

Section 34. The General Assembly shall have power, subject to the condi-
tions and limitations hereinafter contained, to pass any law (local, special or
general) providing a scheme or charter of local municipal government for the
territory now or hereafter embraced within the limits of the city of Chicago.
The law or laws so passed may provide for consolidating (in whole or in part)
in the municipal government of the city of Chicago, the powers now vested
in the city, board of education, township, park and other local governments
and authorities having jurisdiction confined to or within said territory, or any
part thereof, and for the assumption by the city of Chicago of the debts and
liabilities fin whole or in part) of the governments or corporate authorities
whose functions within its territory shall be vested in said city of Chicago, and
may authorize said city, in the event of its becoming liable for the indebted-
ness of two or more of the existing municipal corporations lying wholly
within said city of Chicago, to become indebted to an amount (including its
existing indebtedness and the indebtedness of all municipal corporations
lying wholly within the limits of said city, and said city's proportionate share
of the indebtedness of said county and sanitary district which share shall be
determined in such manner as the General Assembly shall prescribe) in the
aggregate not exceeding five per centum of the full value of the taxable prop-
erty within its limits, as ascertained by the last assessment either for State or
municipal purposes previous to the incurring of such indebtedness (but no
new bonded indebtedness, other than for refunding purposes, shall be in-
curred until the proposition therefor shall be consented to by a majority of
the legal voters of said city voting on the question at any election, general,
municipal or special) ; and may provide for the assessment of property and
the levy and collection of taxes within said city for corporate purposes in ac-
cordance with the principles of equality and uniformity prescribed by this
Constitution; and may abolish all offices, the functions of which shall be
otherwise provided for; and may provide for the annexation of territory to or
disconnection of territory from said city of Chicago by the consent of a ma-
jority of the legal voters (voting on the question at any election, general,
municipal or special) of the said city and of a majority of the voters of such
territory, voting on the question at any election, general, municipal or spe-
cial; and in case the General Assembly shall create municipal courts in the
city of Chicago it may abolish the offices of justices of the peace, police mag-
istrates and constables in and for the territory within said city, and may limit
the jurisdiction of justices of the peace in the territory of said county of Cook
outside of said city to that territory, and in such case the jurisdiction and
practice of said municipal courts shall be such as the General Assembly shall
prescribe; and the General Assembly may pass all laws which it may deem
requisite to effectually provide a complete system of local municipal govern-
ment in and for the city of Chicago.

No law based upon this amendment to the Constitution, affecting the
municipal government of the city of Chicago, shall take effect until such law
shall be consented to by a majority of the legal voters of said city voting on
the question at any election, general, municipal or special; and no local or
special law based upon this amendment affecting specially any part of the
city of Chicago shall take effect until consented to by a majority of the legal
voters of such part of said city voting on the question at any election,

JOINT RESOLUTIONS. 359

general, municipal or special. Nothing in this section contained shall be
construed to repeal, amend or affect section four (4) of Article XI of the Con-
stitution of this State.

Adopted by the House, April 22, 1903.

Concurred in by the Senate, April 22, 1903.

Clark County— Court Reports for.

Whereas, The court house in and for the county of Clark and State of
Illinois, located at Marshall, Illinois, was on the 30th day of December A. D.
1902, destroyed by fire; and,

Whereas, The said fire totally destroyed the law library contained in said
court house, consisting of Illinois Supreme Court Reports and Illinois Appel-
late Court Reports; therefore be it

Resolved, by the House of Representatives, the Senate concurring therein, that
the Secretary of State of Illinois, be, and hereby is instructed to immediately
furnish the said Clark county with a complete set of Illinois Supreme Court
Reports and Appellate Court Reports of this State.

Adopted by the House April 16, 1903.

Concurred in by the Senate April 17, 1903.

Election of United States Senator.

Resolved, by the House of Representatives, the Senate concurring therein,
That on Tuesday, the 20th day of January instant, at the hour of 11 o'clock
a. m., each house shall by itself and in the manner prescribed by sections
14 and 15 of the Revised Statutes of the United States, name a person for
Senator in the Congress of the United States from the State of Illinois, for a
term of six years, from the 4th day of March, A. D., 1903, and on Wednes-
day, the 21st day of January, instant, at 12:00 o'clock meridian, the members
of the two Houses shall convene in joint assembly in the hall of the House of
Representatives and in the manner prescribed by law declare the person who
has received a majority of votes in each House, if any person has received
such majority, duly elected Senator to represent the State of Illinois in the
Congress of the United States for the term aforesaid. And if no person has
received such majority, then proceed, as provided in said law, in joint as-
sembly to choose a person for the purpose aforesaid.

Adopted by the House, January 7, 1903.

Concurred in by the Senate, January 8, 3903.

Forests of Illinois— Preservation Of.

Whereas, Many of the forests heretofore existing within the State of
Illinois have been destroyed and the forest area of said State is diminishing
from year to year, to the manifest injury of the inhabitants of said State;
therefore, be it

Resolved by the Senate, the House of Representatives concurring herein, That
the Department of Agriculture of the United States of America be, and it is
hereby, requested to make an investigation as to the condition of the forests
within the boundaries of the State of Illinois and make report thereof,

)60 JOINT RESOLUTIONS.

together with such recommendations as shall seem proper, as to the means
necessary to be adopted for the purpose of preserving the forests now in ex-
istence and of encouraging the propagation, growth and protection of forests
in general within said State; said report to be made [to] the Governor of this
State with all convenient dispatch.

Adopted by the Senate, May 5, 1903.

Concurred in by the House, May 5, 1903.

Isle of Pines.

Whereas, More than 300 American citizens, now residents of the Isle of
Pines, said American citizens owning more than one-half of the total terri-
tory of said island, have memorialized Congress for relief from the present
government of the said Isle of Pines and are praying that the island be re-
tained by the government as a part of the territory of the United States; and,

Whereas, The United States government continued the present govern-
ment of the said Isle of Pines as a de facto government to formulate a new
and better government for the island until the island of Cuba was turned
over to the Cuban government; and,

Whereas, The Isle of Pines was ceded to the United States government
by Spain and the Piatt amendment omitted the said Isle of Pines from the
proposed constitutional boundaries of Cuba and the Secretary of War for the
United States has placed the Isle of Pines within the constitutional bounda-
ries of Cuba contrary to the wishes of the American citizens there resident;
and,

Whereas, The said 300 American citizens are colonists from the United
States who have built permanent homes and made other improvements on
said Isle of Pines in the reasonable belief that it was to continue to be ter-
ritory of the United States and such American citizens are entitled to the
protection of the United States government and desire to live under the flag
of this country; therefore, be it

Resolved by the Senate of the 43rd General Assembly, the House concurring
herein, That it is the sense of the General Assembly of the State of Illinois,
that the said Isle of Pines be permanently retained as territory of the United
States.

Resolved further, that the secretary of the Senate and the clerk of the
House be, and, they are hereby instructed to forward to the United States
Senators and Congressmen from Illinois a copy oi these resolutions.

Adopted by the Senate, May 5, 1903.

Concurred in by the House, May 7, 1903.

Sweden and Finland— Relief of Destitution.

Whereas, The people of Northern Sweden and Finland, by reason of total
crop failures, are suffering from widespread want and destitution far beyond
the ability of their own fellow-countrymen to alleviate and relieve; and,

Whereas, The spirit of our free institutions recognizes in every suffering
human being a neighbor and a brother and commits our people and State to
the broadest principles of humanity; and,

Whereas, The countries, whose people are now suffering, have con-
tributed largely to this Republic, not only in material assistance in times of
distress in this State and elsewhere, but also in the sturdy character of the
men and women who have left their shores to add to the population and
wealth of this nation; therefore, be it

JOINT RESOLUTIONS. 361

Resolved, by the Senate of the State of Illinois, the House of Representatives
concurring, That the Governor be, and he is hereby, requested to appoint a
committee of citizens who shall cooperate with other committees and organi-
zations working for the same cause in collecting and transmitting to the
sufferers in the famine stricken districts of Sweden and Finland money and
supplies which may be contributed for said cause; and be it

Resolved further, That the Governor be, and he is hereby, requested to
issue a proclamation to the people of the State urging them to give of their
bounty for the relief of the starvation and suffering in said northern dis-
tricts of Sweden and Finland.

Adopted by the Senate, February 17, 1903.

Concurred in by the House, February 17, 1903.

U. S. Senators— Election by Popular Vote.

Whereas, By direct vote of the people of the State of Illinois at a general
election held in said State, on the 4th day of November, A. D., 1902, it was
voted that this General Assembly take the necessary steps under article 5, of
the Constitution of the United States to bring about the election of United
States Senators by direct vote of the people; and

Whereas, Article 5, of the Constitution of the United States provides that,
on the application of the Legislatures of two-thirds of the several states, the
Congress of the United States shall call a convention for proposing amend-
ments; now, therefore, in obedience to the expressed will of the people as ex-
pressed at the said election , be it

Resolved, by the Senate, the House of Representatives concurring herein, That
application be, and is hereby, made to the Congress of the United States to
call a convention for proposing amendments to the Constitution of the United
States, as provided for in said article 5; And, be it further

Resolved, That the Secretary of State do furnish to the President of the
Senate of the United States, and to the Speaker of the House of Representa-
tives of the United States, to each, one copy of this resolution, properly cer-
tified under the great seal of the State.

Adopted by the Senate, February 10, 1903.

Concurred in by the House, April 9, 1903.

362 CERTIFICATE.

UNITED STATES OF AMERICA, \
State of Illinois, J

Office of the Secretary of State.

I, James A. Rose, Secretary of State of the State of Illinois, do hereby
certify that the foregoing Acts and Joint Resolutions of the Forty-third
General Assembly of the State of Illinois, passed and adopted at the regular
session thereof, are true and correct copies of the original acts and joint reso-
lutions, now on file in the office of the Secretary of State, save and except
such words, letters and figures as are printed in brackets, thus: [ ].

In Witness Whereof, I hereto set my hand and affix
[seal.] the Great Seal of State, at the city of Springfield,

this 21st day of May, A. D. 1903.

James A. Rose,

Secretary of State.

INDEX. 363

INDEX.

Page.

ABANDONMENT-of wife or child 165

Acknowledgments— by notary who is stockholder or officer of corporation, 1 120

in conveyances of real estate 118

in foreign countries, 3d 119

outside of Illinois but within the United States, 2d 119

within this State, 1st 118

Action— in replevin, how brought, 4 293

Adjutant General— appropriation for office and Memorial hall 11

appropriation, ordinary and contingent, 29th 74

duties enumerated as relating to National Guard, 3 323

Administration of Estates— administrator's bond, form and amount of, 23 1

classification of claims, 70 3

Administration of Oaths— by members of county board, 56 137

Administrator— failure to report— penalty, 81 ^ 156

may cause registration of land titles 121

Administrator's Bond— statutory form of , 23 1

Agent— lor sale of liquors must have license 164

of unauthorized insurance company must have license 221

Agricultural College— appropriation for maintenance 11, 16

Agricultural Experiment Station. (See "Experiment Station.')

Agriculture— appropriation for State and county fairs 21

appropriation for State fair 23

appropriation in aid of horticultural society 21

appropriation in aid of stock breeders' association - . ,. 24

farmers' institute, directors and officers of, 6. 4

maintenance of college and experiment station 11, 16

manufacture and sale of fertilizers regulated 4

museum of— appropriation for, 48th 80

protection of stock breeders, 3 6

veterinary medicine and surgery regulated 6

Altgeld, Mrs. John P.— appropriation in aid of 24

Animals— appropriation in aid of stock breeders' association 24

protection of stock breeders, 3 6

veterinary medicine and surgery regulated 6

Appellate Courts (See "Courts.,')

Apprentices— provisions concerning indentures. 10 10

Appropriations— Ad jutant General, ordinary and contingent, 28th 74

Adjutant General's office and Memorial hall, special 11

Agricultural College and Experiment Station, special 11,16

Appellate Courts, ordinary and contingent, 32d 75

armory at Bloomington. purchase of 49

Asylum for Feeble-Minded Children, Lincoln, ordinary 35

Asylum for Feeble-Miuded Children, Lincoln, special 33

Asylum for Criminal Insane, Chester, ordinary 35

Asylum for Criminal Insane, Chester, special 32

Asylum for Incurable Insane, Bartonville. ordinary 35

Asylum for Incurable Insane, Bartonville, special 32

Attorney General, ordinary and contingent, 25th 73

Bee-Keepers' association, in aid of 25

binding contract, deficiency for 1903 26

Blind, Industrial Home for, Chicago, ordinary and special 29

Blind. Institution for Education of, Jacksonville, ordinary 35

Blind, Institution for Education of, Jacksonville, special 33

364 INDEX.

Page.

Appropriations— Continued.

Board of Agriculture, ordinary and contingent, 48th 80

Board of Agriculture, improving State Fair grounds 23

Board of Arbitration, deficiency for 1903 27

Board of Arbitration, ordinary and contingent, 4312 79

Board of Equalization, ordinary and contingent, 22d 73

Board of Health, ordinary and contingent. 46rh 80

Board of Live Stock Commissioners, deficiency, 1903 45

Board of Live Stock Commissioners, ordinary and contingent, 39th 78

Board of Pardons, ordinary and contingent 44th 79

Bureau of Labor Statistics, ordinary and contingent, 44th 79

Cache river, preliminary survey 27

Camp Lincoln, improvements and repairs 50

Canal, Illinois and Michigan, maintenance 45

Charitable Eye and Ear Infirmary, Chicago, ordinary 35

Charitable Eye and Ear Infirmary, Chicago, special 34

charitable institutions, "omnibus bill," ordinary 35

charitable institutions, "omnibus bill," special 30

Charities, State Board, ordinary and contingent. 30th 74

Chicago league base ball club, damages to grounds 37

Commission of Claims, awards made by 37

Commission of Claims, ordinary and contingent. 49th 81

Court of Claims. (See "Commission of Claims.")

Dairymen's association, in aid of 38

damages allowed by Commission of Claims 37

Deaf and Dumb, Institution for Education of, ordinary 35

Deaf and Dumb, Institution for Education of, special 32

deficiency binding contract for 1903 26

ueflciency Home for Juvenile Female Offenders, transportation for 1903 53

deficiency Live Stock Commissioners, expenses, 1903 45

deficiency State Board of Arbitration, expenses, 1903 27

distributable sshool fund, 28th 73

Douglas Stephen A., for statue in State Capitol, 51st 81

dredging Cache river, survey, etc 27

Eastern Hospital for Insane, Kankakee, ordinary 35

Eastern Hospital for Insane, Kankakee, special 31

Eastern Normal School, Charleston, improvements and repairs 59

Eastern Normal School. Charleston, ordinary 58

Exposition, Louisiana Purchase, St. Louis 38

Eve and Ear Infirmary. Chicago, ordinary 35

Eye and Ear Infirmary. Chicago, special 34

Factory Inspectors, ordinary and contingent, 42d 79

Farmers' Institutes, State and county 39

Feeble-Minded Children, Asylum for, Lincoln, ordinary 35

Feeble-Mind ed Children. Asylum for, Lincoln, special 33

Firemen's association, aid and maintenance 41

First regiment, Illinois National Guard, reimbursement 51

Fish Commissioners, ordinary and contingent, 36th 77

Food Commissioner, ordinary and contingent, 47th 80

Fort Massac, purchase of site 42

General Assembly, 43d, employes 43

General Assembly, 43d, incidentals 44

General Assembly, 41th, committee expenses, 37th 77

General Assembly, 44th, salaries, etc . 44

Good Roads Commission, for expenses 302

Governor, ordinary and contingent, lst-4th 70

Hatfield, Charles, injuries received at Camp Lincoln 37

Historical Library, ordinary and contingent, 41st 79

Home for Boys, St Charles, ordinary and special 36

Home for Juvenile Female Offenders, Geneva, deficiency for 1903 53

Home, Soldiers' and Sailors' Quincy, ordinary 35

Home, Soldiers' and Sailors', Quincy, special 33

Home, Soldiers' Orphans', Normal, ordinary 35

Home, Soldiers' Orphans', Normal, special 33

Home, Soldiers' Widows', Wilmington, ordinary 35

Home, Soldiers' Widows'. Wilmington, special 34

Horticultural Society, in aid of *, 21

Illinois and Michigan canal, maintenance 45

Insane, Asylum for Criminals, Chester, ordinary 35

Insane, Asylum for Criminals, Chester, special 32

Insane, Asylum for Incurable, Bartonville, ordinary 35

Insane, Asylum for Incurable, Bartonville, special 32

Insane, Central Hospital, Jacksonville, ordinary 35

Insane, Central Hospital, Jacksonville, special 31

Insane, Eastern Hospital, Kankakee, ordinary 35

Insane, Eastern Hospital, Kankakee, special 31

Insane, Northern Hospital, Elgin, ordinary 35

Insane, Northern Hospital. Elgin, special 30

Insane, Southern Hospital, Anna, ordinary 35

Insane. Southern Hospital, Anna, special 32

Insane, Western Hospital, Watertown, ordinary 35

Insane, Western Hospital, Watertown. special 31

INDEX.

365

Appropriations— Continued. Page.

Insurance Superintendent, ordinary and contingent, 40th 78

Legislature (see "General Assembly.")

Lieutenant Governor, ordinary and contingent, 6th 70

Lincoln homestead, ordinary and contingent. 38th 78

Lincoln monument, ordinary and contingent, 38th 78

Live Stock Breeders' association, in aid of 24

Live Stock Commissioners, deficiency for 1903 45

Live Stock Commissioners, ordinary and contingent, 39th 78

Logan rifle range, improvements and repairs 51

Memorial hall, improvements and repairs 11

monument, Mary A. Bickerdyke 46

monument, Shiloh battlefield 47

monument, Vicksburg battlefield 48

National Cuard, armory at Bloomington 49

National Guard, Camp Lincoln, improvements and repairs 50

National Guard, first regiment, reimbursement 51

National Guard, Logan Rifle Range, improvements and repairs 51

National Guard, ordinary and contingent 62

National Guard, tents, blankets, uniforms, etc 53

Natural history museums, 33d 75

Northern Hospital for Insane, Elgin, ordinary 35

Northern Hospital for Insane. Elgin, special 30

Northern Normal School, DeKalb, ordinary 60

Northern Normal School, DeKalb, special 60

"Omnibus bill," charitable institutions, ordinary 35

"Omnibus bill," charitable institutions, special 30

"Omnibus bill," State government, ordinary and contingent 68

Poultry Association, in aid of 58

Printing and binding, 15th 72

Printing paper and stationery, 14th 71

Railroad and Warehouse Commissioner, ordinary and contingent, 34th 76

relief of Charles Hatfield, injuries received in the State's service 37

relief of Chicago league base ball club, damage to ball grounds by State troops 37

relief of Edward R. Witte heirs, killed in the State's service 37

relief of Mrs. John P. Altgeld, widow of ex-governor 24

relief of needy citizens of Sweden and Finland 82

roads, expenses of State Commission 302

salaries of State officers 44

Secretary of State, for Douglas statue, 51st 81

Secretary of State, ordinary and contingent, 7th— 13th 70

Soldiers' and Sailors' Home, Quincy, ordinary 35

Soldiers' and Sailors' Home, Quincy, special 33

Soldiers' Orphans' Home, Normal, ordinary 35

Soldiers' Orphans' Home, Normal, special 3d

Soldiers' Widows' Home, Wilmington, ordinary 35

Soldiers' Widows' Home, Wilmington, special 34

Southern Hospital for Insane, Anna, ordinary 35

Southern Hospital for Insane, Anna, special 32

Southern Normal University, Carbondale, ordinary 62

Southern Normal University, Carbondale, special 61

Southern Penitentiary, Chester, ordinary and special 54

State and county fairs, ordinary 21

State and county farmers' institutes, ordinary 39

State Board of Agriculture, improvements on State fair grounds 23

State Board of Agriculture, ordinary and contingent, 48th 80

State Board of Arbitration, deficiency for 1903 27

State Board of Arbitration, ordinary and contingent, 43*3 79

State Board of Equalization, ordinary and contingent, 22d 73

State Board of Health, ordinary and contingent, 46th 80

State Board of Pardons, ordinary and contingent. 44th 79

State Entomologist, ordinary and contingent, 45th 79

State government. "Omnibus bill" 68

State Normal University, Normal, ordinary and special 63

State Penitentiary, Joliet ordinary and special 55

State Reformatory, Pontiac, ordinary and special •. 56

State Reformatory, Pontiac, repair of fire loss 57

State Training School for Girls, Geneva, ordinary 35

State Training School for Girls, Geneva, special 34

State Treasurer, ordinary and contingent, 23d. 24th 73

Statue of Frances E. Willard for Statuary Hall, Washington, D. C 82

Statue of Stephen A. Douglas for State Capitol. Springfield, 51st 81

St. Charles Home for Boys, ordinary and special 36

St. Louis exposition, Louisiana Purchase, re-appropriation 38

Superintendent of Public Instruction, ordinary and contingent, 26th, 27th 73

Supreme Court, ordinary and contingent, 31st 74

Supreme Court Reporter, ordinary and contingent, 43d 79

Sweden and Finland, relief of destitute 82

Training School for Girls, Geneva, ordinary 35

Training School for Girls, Geneva, special 34

Treasurer, State, ordinary and contingent, 23d, 24th 73

University of Illinois, Urbana. endowment fund 66

University of Illinois, Urbana, interest on funds, 50th 81

366 INDEX.

Appropriations— Concluded. Page

University of Illinois, Urbana, ordinary and special 66

Western Hospital for Insane, Watertown, ordinary 35

Western Hospital for Insane, Watertown, special 31

Western Normal School, Macomb, ordinary „ 65

Western Normal School, Macomb, special 64

Willard, Frances E., statue for Statuary Hall, Washington. D. C 82

Witte, Edward R., heirs, loss of life in State's service 37

Arbitrations and Awards— amendatory act 84

Arbitration, State Board op— appropriation, ordinary and contingent, 43*2 79

Armory— purchase of building at Bloomington 49

definition of word as used in military code, 7 339

Arms and Armories— regulations concerning, article 7 337

Arrests Without Warrant— trespass on Chautauqua grounds, 3 158

Assessments— by drainage district to pay judgment, 6 161

lists to be made by county clerk, 10 297

of banks and bank stock, how made 294

supervisor of— powers, duties, salary, 2 296

Asylum for Feeble-Minded Children, Lincoln— appropriations 33, 35

Asylum for Incurable Insane, Bartonville— appropriations 32,35

Asylum for Insane Criminals, Chester— appropriations 32, 35

Attachment— certain annuities exempt from, 15 313

of wages earned outside of State 217

Attorney General— appropriation , ordinary and contingent, 25th 73

enforcement of convict labor act, 24 280

may defend in certain actions against national guard. 9 347

Attorney General and State's Attorney— private fees prohibited, 6a 85

Auditor of Public Accounts— appropriation, ordinary and contingent, 16th— 21st 72

custodian of certain official bonds, 5b 125

ex officio clerk of Court of Claims, 4 141

refunding surplus funds on certain bonds 86

report to Governor of awards made by Court of Claims, 8 142

Automobiles— speed of regulated 302

BALL CLUB, CHICAGO— appropriation for damages to grounds 37

Ballot— form of for adoption of act relating to State's Attorney, 8h 201

form of for adoption of Fire and Police Commission Act. 19 100

form of for adoption of extension of Torrens' Land Act, 2 122

Ballot Box— repeal of provision concerning 167

Ballot Label— the term defined as used in Voting Machine Act, 11 182

Banks— assessment of regulated, 30 294

penalty for receiving deposits when insolvent, 1 156

Bee Beepers' Association— appropriation in aid of 25

Bickerdyke, Mary A.— appropriation for monument to 46

Binding— appropriation, deficiency for 1903 26

Bird Day— to be designated by Governor annually 306

Birds— killing other than game birds, penalty, 3 208

trapping and snaring prohibited, 5 208

(see, also, "Fish and Game,")

Birds' Nests— destruction of nests and eggs prohibited, 4 208

Births and Deaths— report of by physicians and others 315

Blind— county authorities may render aid , 138

examiner of to be appointed for each county 138

industrial home for, appropriation, ordinary and special 29

institution for, appropriations 33, 35

Bloomington— purchase of building for armory 49

Board of Agriculture— appropriations 23,80

Board of Arbitration— appointment, qualifications etc 84

appropriations, ordinary and special 27,79

Board of Education— election of in certain districts 306

Board of Equalization— appropriation, ordinary and contingent, 22d 73

Board of Health— appropriation, ordinary and contingent, 46th 80

compensation of local boards, 5 137

in counties not under township organization 136

powers and duties of local boards, 2 136

reports of births and deaths regulated by 315

State Board to supply eertain blanks 315

INDEX. 367

Page

Board of Live Stock Commissioners— appropriation, deficiency, 1903 45

appropriation, ordinary and contingent, 39th 78

Board of Pardons— appropriation, ordinary and contingent, 44th 79

Board of Prison Industries— creation, powers and duties 271

Board of Public Charities— appropriation, ordinary and contingent, 30th 74

Board of Railroad and Warehouse Commissioners— appropriation, ordinary and

contingent, 34th 76

Bond— administrator's, statutory form, 23 1

of agents for sales of liquors, 2 165

of fire and police commissioners, 3 97

of officers of building and loan associations, 5b 125

of party in possession where receiver is asked for, 2 290

of receiver must precede his appointment, 1 290

of recorder of deeds, 3 292

of treasurer of police pension fund, 3d 112

Bonds— issued for extension of parks 258

issued for park purposes, 1 266

issued for purchase of library sites or buildings, 13 227

proceeds of exclusively for park purposes, 3 267

refunding surplus on account of certain bonds 86

Brokers— penalty for receiving deposits when insolvent. 1 156

Building and Loan Associations— amendatory act 124

annual reporr to auditor. 15 129

(See, also, "Corporations")

Bureau of Labor Statistics— appropriation, ordinary and contingent, 35th 76

compensation of members, 3 186

reports from free employment offices, 4 195

CACHE RIVER— appropriation for survey, etc 27

Cairo Expedition— joint resolution concerning 357

Calumet Feeder— control of by sanitary district, 2 114

Camp Lincoln— appropriation for improvements 50

Canada Thistles— amendatory act 87

Canal, Illinois and Michigan— as related to sanitary district, 2 114

Canal Commissioners— land granted to by sanitary district, 2...- 114

Canvass of Election Returns— joint resolution concerning 357

Castrating Animals— not regarded as veterinary practice, 8 9

Cemetery Associations— organization and control of 90

Central Hospital for Insane, Jacksonville— appropriations 31,35

Certificate of Purchase— for land sold for taxes, 207 298

Change of Name— by corporations 131

of Commission of Claims to Court of Claims 140

of Institution for Education of Deaf and Dumb 93

Charitable Corporations— dissolution of provided for 133

Charitable Eye and Ear Infirmary, Chicago— appropriations 34,35

Charitable Institutions, State— appropriations for 30.35

Deaf and Dumb institution— change of name 93

Soldiers' and Sailors' home— admission of women , 93

Charities, State Board of— appropriations, ordinary and contingent, 30th 74

Chicago— enlargement of sanitary district 113

joint resolution concerning new charter 358

selection and appointment of justices of the peace 214

Chicago Sanitary District— proposed additions described, 1 113

(See, also, '"Sanitary District").

Child Labor— act regulating in shops and factories 187

Children— abandonment of by parents 187

classes for crippled children in public schools 314

compulsory attendance at school 308

employment in shops and factories regulated 187

Churches— con veyances of real estate. by 132

Circuit Courts— (Sea "CourtB").

Cities, Towns and Villages— certain elections legalized 95

Chicago sanitary district, extension authorized 113

election of library boards in villages, 11 226

election of village officers 117

elevators controlled by municipalities 96

fire and police commissioners— act authorizing 97

368 INDEX.

Cities, Towns and Villages— Concluded. Page

free employment offices in certain cities 194

local improvements— amendatory act , 102

local improvements— two acts concerning 101

may purchase library buildings or sites, 13 227

municipal ownership of street railways 285

municipal regulation of elevators 96

organization of city territory as a township 352

police pension f and— amendatory act , 107

road and bridge tax in municipalities. 119 304

City Council— shall furnish quarters for fire and police commissioners, 16 99

shall order election concerning municipal ownership, 5 289

City Election Law— adoption of act by municipalities 166

(See, also, "Elections").

Civil Rights— guaranteed to all citizens, 42i 158

Claims Against Estates— classification and limitation, 70 3

Claims Ag ainst State— ad justment of by court of claims 140

Cocaine— sale of regulated •. 248

Commissioner of Canada Thistles— appointment, duty, pay, etc 87

Commissioners of Labor Statistics— (See "Bureau of Labor").

CoMMissioN of Claims— appropriation, ordinary and contingent. 49th 81

name changed to "Court of Claims" 140

Common Carriers— transportation of game out of season, 7 209

Compulsory Attendance— of children at school 308

Conservator— appointment of for lunatics, idiots, etc 247

Contracts— certain contracts with employes declared illegal, 2 199

Conveyances— acknowledgments before officer of corporation, 1 120

acknowledgments of deeds, mortgages, etc 118

church corporations authorized to make 132

deeds to land bought for taxes. 220 299

extension of Torrens' land title system authorized 121

property of one cemetery association to another,13 92

Convict Labor— act regulating 271

Coroners— shall make report of deaths, 5 316

Corporations— acknowledgments before officer of, 1 120

annual report of, to Secretary of State 123

annual report to Auditor by building and loan associations, 15 129

change of name, location, object, etc 131

church authorities may convey real estate 132

dis solution of certain corporations. 133

fees paid by to Secretary of State 134

increase or decrease of capital stock 131

Counties— administration of oaths by members of county boards, 56 137

amendatory act relating to taxes 135

boards of health for— how constituted 136

Champaign, terms of circuit court in, 7 147

Christian, terms of circuit court in, 5 145

Clark, court reports for— joint resolution concerning 359

Clark, terms of circuit court in. 6 146

Clay, terms of circuit court in, 5 145

Clinton, terms of circuit court in, 5 145

Coles, terms of circuit court in. 6 146

Cook, additional judges— repeal of act 143

Cook, certain land s in ceded to United States 354

Cook, powers of judges in vacation. Si 143

Cook, repeal of act providing for additional judges 143

Crawford, terms of circuit court in, 3 .' 144

Cumberland, terms of circuit court in, 6 146

DeKalb, terms of county court in, 27 150

De Witt, terms of circuit court in, 7 147

Douglas, terms of circuit court in, 7 147

Edgar, terms of circuit court in, 6 146

Edwards, terms of circuit court in, 3 144

Effingham, terms of circuit court in, 5 145

Fayette, terms of circuit court in, 5 145

Ford, terms of circuit court in, 12 148

Franklin, terms of circuit court in, 3 144

Gallatin, terms of circuit court in, 3 144

Hamilton, terms of circuit court in, 3 144

Hardin, terms of circuit court in. 3 144

Henderson, tran sf erred from 5th to 4th supreme judicial circuit, 2 154

Jasper, terms of circuit court in, 5 145

Jefferson, terms of circuit court in, 1,3 144

INDEX. 369

Counties— Concluded. Page.

Kane, terms of county court in, 53 150

Lawrence, terms of circuit court in, 3 144

liquor licenses granted by county board, 2 165

Livingston, terms of circuit court in, 12 148

Logan, terms circuit court in, 12 148

Macon, terms of circuit court in, 7 147

Marion, terms of circuit court in, 5 145

Marshall, terms of circuit court in. It -. 148

may erect cottages at Soldiers' and Sailors' Home, Quincy,3a 94

McLean, terms of cirt.uit court in. 12 148

Mercer, transferred from 5th to 4th supreme judicial district, 2 154

Montgomery, terms of circuit court in, 5 145

Moultrie, terms of circuit court in, 7 147

Peoria, terms of circuit court in, 11 148

Peoria, terms of county court in, 8c 151

Piatt, terms of circuit court in, 7 147

Pike, transferred from 4th to 2d supreme judicial district, 2 164

Putnam, terms of circuit court in, 11 148

relief of blind by appropriation of county funds 138

Richland, terms of circuit court in, 3 144

Rock Island, transferred from 6th to 4th supreme judicial district, 2 154

salaries of State's attorneys in counties of 1st and 2d class 200

Sangamon, terms of county court in, SJl^ 151

Scott, transferred from 4th to 2d supreme judicial district, 2 154

Shelby, terms of circuit court in, 5.. 145

Stark, terms of circuit court in, 11 148

St. Clair, terms of county court in, 90 152

Tazewell, terms of circuit court in, 11 148

Vermilion, terms of circuit court in, 6 146

i Wabash, terms of circuit court in. 3 144

Warren, transferred from 5th to 4th supreme judicial district, 2 154

Wayne, terms of circuit court in, 3 144

White, terms of circuit court in, 3 144

Will, terms of county court in, 106 152

Woodford, terms of circuit court in, 12 148

County Board— may constitute board of health 136

may fix boundaries of townships, 1 353

may make allowance for assistant State's attorneys, 8c 201

members may administer certain oaths. 56 137

shall appoint election officers, 33 173

shall approve bond of recorder of deeds, 3 292

shall provide polling places, 30 172

County Clerk— duty as to assessment lists, 10 297

duty as to distributing poll books, 62 176

duty as to liquor license to agents, 2 165

duty as to relief of blind, 1 139

duty as to sales of delinquent lands, 222 299

may grant certificates to collectors of birds, nests and eggs. 14 210

may issue hunter's license, 25 214

may issue permit for manufacture of explosives, 4 159

shall keep record of bh-th and death certificates, 11 317

shall make report of changes in election precincts, 30 173

County Courts appointment of reporters for, 1 149

(See. also, "Courts.)

County Judge— duty as to cemetery associations. 10 92

County Superintendent op Schools— duty as to classes for crippled children, 3,4.. 314

to receive fines, etc. 8g 201

County Surveyor— false impersonation of 349

oath of office prescribed 349

County Treasurer— payment of fines to county superintendent, 8g 201

shall be ex officio assessor. 1 295

shall be ex officio supervisor of assessments, 2 295

Court of Claims— creation, powers and duties 295

name changed from "Commission of Claims" 140

Courts, Appellate— appropriations, ordinary and contingent. 32d 75

Courts, Circuit— repeal of act giving additional judges to Cook county 143

terms in Jefferson county 144

terms in 2d circuit. 3 144

terms in 4th circuit. 5 145

terms in 5th circuit, 6 146

terms in 6th circuil, 7 147

terms in 10th circuit, 11 147

terms in 11th circuit. 12 148

■24

370 INDEX.

Page.

Courts, Circuit and Superior— powers of judges in vacation, 32 143

repeal of act providing additional judges for Cook county 143

Courts, County— appointment of reporters for, 1 149

DeKalb county, law term, 27 150

hearing in drainage cases 161

Kane county, law term. 53 . 150

Peoria county, law terms, SO 151

Sangamon county, 91*2 151

St. Clair county, law terms, 90 152

Will county, law terms, 106 152

Courts, County and Probate— interchange of judges authorized 153

Courts Martial— regulations of military code concerning, article 9 342

Courts, Supreme— appointment of librarian for, 17 154

appropriation, ordinary and contingent, 31st 74

fourth judicial district denned 153

Criminal Code— abandonment of wife and children 155

banks receiving deposits when insolvent, 1 156

denial of civil rights to citizens, 42i 158

failure of administrator or executor to report, 81*2 156

illegal manufacture of explosives, 4 159

trespass on Chautauqua grounds 157

DAIRYMEN'S ASSOCIATION-appropropriation in aid of 38

Damages— awarded Chicago league ball club 37

for death caused by neglect or default 217

Dams and Waterwheels— construction of by sanitary district,5 116

Deaf and Dumb— appropriations for institution for 32,35

change of name of institution at Jacksonville 93

Death— Caused by neglect or default 217

Deeds and Mortgages— acknowledgment and proof of 118

(see also "Acknowledgments.")

Deficiency— binding account, 1903, appropriation 26

Board of Arbitration, expenses for 1903, appropriation 27

Home for Juvenile Female Offenders, transportation account, 1903 53

Live Stock Commissioners, expenses, 1903, appropriation 45

Definition— of "applicant for employment," and "applicant for help," 8 196

of "armory" as used in military code. 7 339

of "ballot label" as used in voting machine act, 11 182

of "contractor" as used in the act regulating mechanics' liens, 1 231

of "ditch" as used in drainage laws, 67 163

of "inch" as used in mining laws as to charge of powder, 2 252

of "private employment agency" as used in act. 11 198

of "school employ^" as used in pension fund act, 2 309

of "State," "county" and other conventions as used in act 117

Dehorning Cattle— not regarded as veterinary practice, 8 9

Dissolution— of certain corporations authorized 133

Ditch— meaning of term as used in drainage laws, 57 163

Douglas Monument— construction of street through grounds authorized 269

Douglas Statue— appropriation for the purchase of, 51st 81

Drainage— enlargement of Chicago sanitary district authorized 113

of territory added to Chicago sanitary district, 2 114

one district deriving benefits from another 160

organization of sub-districts, 59 162

the word "ditch" defined as used in drainage laws, 57 163

Drainage Commissioners— duties in organization of sub-districts, 59 162

powers as to control of natural water courses, 57 163

Dramshops— licensing of solicitors for liquor trade 164

EASTERN HOSPITAL FOR INSANE. KANKAKEE— appropriations, ordinary and

special 31,35

Eastern Normal School, Charleston— appropriations, ordinary and special 58,59

Educational Corporations— dissolution of, provided for 133

Educational Institutions— (See "Schools and Universities.")

Election Commissioners— duties concerning registration, 33 169

Election Officers— duties as to use of voting machines, 13-21 183

Election Precincts— formation of, provided for, 30 172

INDEX. 371

Page

Elections— appointment of election officers by county board, 33 173

duty of judges and clerks under city election law, 18 167

for additional tax levy in counties 135

for adoption of act concerning State's attorneys, 8h 201

for adoption of additions to Chicago sanitary district, 9 117

for adoption of city election law 166

for adoption of fire and police commission act, 19 100

for adoption of municipal ownership act, 4 268

for adoption of voting machine act, 1 178

for extension of Torrens land title system, 2 122

legalized in certain municipalities 95

of certain officers of National Guard. 1 331

of directors of township mutual insurance companies 222

of library boards in villages, 11 226

of school boards in certain districts 306

of trustees of police pension fund, 2 109

of trustees of school employes' pension fund, 4 310

of United States Senator— joint resolution 359

primaries in counties of 125,000 population 176

registration under city election law 168

repeal of I 19. article 4, of the city election law 167

return of poll books and tally lists, 62 175

return of poll books under city election law, 17 170

returns, how made, where voting machines are used, 16 184

returns of results under city election law, 15 171

use of voting machines authorized 178

withdrawal of nominations regulated, 8 174

Elevators— operators may be required to hold license 96

Embezzlement— receiving deposits when insolvent, 1 156

Eminent Domain— exercise of right of by telephone companies, 4 351

exercise of right of for park purposes 263

Employment— "applicant for employment denned," 8 196

certain contracts as to payment of wages declared illegal, 2 199

certain occupations not open to children, 11 191

child labor regulated 187

compensation of commissioners of labor, 3 186

convict labor, act regulating 271

factory inspectors, appointment and duties, 9 193

free employment offices in certain cities 194

hours of, for children, 110 191

of convicts in penal and reformatory institutions 271

payment of wages regulated 198

private employment agencies must hold license, 9 196

revision of laws relating to mechanics' liens 230

wages must be paid in full every pay day 198

(See, also, "Labor" and "Penitentiaries.")

Enlistments— in national guard regulated by military code, article 8 339

Evidence— in actions concerning speed of automobiles, 4 302

of marriage in certain actions, 2 156

of notice in drainage cases, 59 162

prima facie of child's employment, 12 192

required in certain drainage cases, 5 161

Examiner of the Blind— appointment, powers and duties 138

Executors— failure to report. Sl1^ 156

may cause registration of land titles 121

Exemptions prom Taxation— property of cemetery associations 93

Experiment Station— appropriation for maintenance 11, 16

Explosives— manufacture of regulated, 4 159

Exposition. Louisiana Purchase— appropriation in aid of 38

Express Companies— shipping game out of season, 7 209

FACTORY INS PECTORS— appropriation, ordinary and contingent, 42d 79

duties of as to child labor, 9 191

Fairs— State and county, appropriations in aid of 21

Farmers' Institute— appropriation in aid of 39

organization of board, 6 4

Feeble-Minded Children— appropriation, ordinary and special 33, 35

Fees and Salaries— compensation allowed boards of health, 5 137

compensation allowed commissioners of labor, 3 186

compensation for auditing building and loan business. 18 129

compensation of deputy game wardens, 18 112

compensation of factory inspectors. 9 193

compensation of State militia, 11 344

372 INDEX.

Fees and Salaries— Concluded. Page

fees allowed examiner of the blind, 5 138

fees allowed experts on voting machine commission, 3 180

fees allowed recorders for certificates of title, 2 291

fees for certificate of public accountant. 4 282

fees for filing annual report of corporations 124

fees for filing building and loan statement, 15 c. 129

fees for hunter's license, 25 214

fees for license as veterinary surgeon, 4 8

fees for license of elevator conductor 96

fees for license of insurance agent of unauthorized companies 221

fees for license to make or sell commercial fertilizer, 3 5

fees for removing noxious weeds, 11 88

fees for reporting births and deaths paid by county, 10 317

fees of county clerk for tax deed and certificate, 220 299

fees of private employment agencies regulated, 9 196

fees of reporters for county courts. 2 149

fees paid by corporations to Secretary of State 134

fees paid superintendent of insurance for registering securities, 5 220

license fee for agent for liquor trade, 2 165

license fee for private employment agency, 9 196

no fee allowed for administration of certain oaths, 56 137

private fees for public service of State's attorney prohibited, 6a 85

salary of assessor, 1 295

salary of assessor and supervisor of assessments, 2 296

salary of Canada thistle commissioner, 13 89

salary of judges of court of claims, 6 142

salary of librarian, historical library, 4 228

salary of librarian, supreme court library, 17 154

salary of officers of free employment offices, 2 195

salary of secretary of board of arbitration 84

salary of secretary of bureau of labor, 3 186

salary of secretary of farmers' institute, 6 4

salary of secretary of fire and police commission, 17 100

salary of State game commissioner and game wardens, 18 2t2

salary of State's attorneys in counties of 1st and 2d class, 8b 200

salary to State's attorneys in lieu of fees 200

Felony— illegal manufacture of explosives, 4 159

tampering with voting machine by election officer, '20 185

tampering with voting machine by persons not an election officer, 19. 185

Ferrets— not to be used in hunting, 31 216

Fertilizers— manufacture and sale of regulated 4

Fines and Forfeitures— duties of State's attorney concerning, 8d 201

for violations of the military code, how disposed of, 5 348

paid into game protection fund. 8 209

payment to county superintendent, 8g 201

Fire and Police Commissioners— act authorizing appointment 97

appointment of by mayor, 1 97

Fire Insurance— (See "Insurance").

Firemen's Association— appropriation in aid of 41

Finland and Sweden— appropriation for relief of destitute 82

Fish and Game— marketable sizes of fish enumerated, 6 204

protection of fish provided for 202

protection of game provided for 206

selling game out of season prohibited, 6 208

unlawful fishing defined, 1 202

when and how game may be legally hunted, 1 206

Fish Commissioners— appropriation, ordinary and contingent, 36th 77

Fish Wardens— appointment, powers and duties, 4 204

Food Commissioner— appropriation, ordinary and contingent, 47th 80

Forests of Illinois— preservation of— joint resolution concerning 359

Forgery— change or transfer of hunter's license, 26 215

Forms, Statutory— administrator 's bond, 23 1

age and school certificate of child employ^. 7 189

ballot for adoption of act concerning State's attorneys. 8h 202

ballot for adoption of fire and police commission act, 19 100

ballot for extension of Torrens 1 and act, 2 122

certificate of acknowledgment of mortgage, 2 253

warrant for arrest of violator of game law, 19 213

Fort Massac— appropriation for purchase of site 41

Fraternal Beneficiary Societies— (See "Insurance").

Fraud— in manufacture and sale of fertilizers, 5 5

Free Employment Offiues— appropriations, ordinary and contingent, 35th 77

establishment of in certain cities 194

INDEX. 373

Page

GAME revision of laws relating to 206

(See, also. "Fish and Game").

Game Commissioners— appointment, powers and duties. 16, 17, etc 211

Game Protection Fond— creation, custody and purpose of, 25 214

Game Wardens— appointment, powers and duties, 16, 17, etc 211

Garnishment— certain annuities exempt from, 15 , 313

of wages earned outside the State 217

General Assembly. 43d— appropriation for employes 13

appropriations for incidentals 44

General Assembly, 44th— appropriation, committee expenses, 37th 77

appropriation, pay of members 44

Governor— appropriation, ordinary and contingent, 1st— 4th 70

may order enrollment of militia. 2 321

military staff of, now constituted, 2 322

to designate 'bird day" by proclamation 306

Grant Park— conveyance of to south park board 268

Groveland Park— city of Chicago may construct street through 268

Guardian— failure to report— penalty. 81*2 156

may cause registration of land titles 121

HATFIELD, CHARLES— appropriation for relief of 37

Highway Commissioners— authority over telephone lines. 4 351

Historical Library— appropriation, ordinary and contingent, 41st 79

historical society made a department of , 6 229

trustees and librarian of, 4 228

Historical Society— united with historical library, 6 229

Home for Boys, St. Charles— appropriation, ordinary and special 36

Home for Juvenile Female Offenders. Geneva— appropriations, ordinary and

special, 34. 35 53

(See, also, "Training School for Girls.)

Home, Industrial, for Blind, Chicago— appropriation, ordinary and special 29

Home, Soldiers' and Sailors'. Quincy— appropriations, ordinary and special 33,35

admission of women to 93

Home. Soldiers' Orphans, Normal— appropriations, ordinary and special 33,35

Horticultural Society— appropriation in aid of 21

Hunters' License— loan or transfer prohibited, 26 215

provisions concerning, 25 214

ILLINOIS AND MICHIGAN CANAL— abandonment of portion authorized. 8 116

appropriations for maintenance 45

certain canal lands ceded to the United States 354

control of part by Chicago sanitary district, 2 114

Illinois State Normal University— (for Illinois State institutions see "State.")

Incorporated Towns— may adopt city election law, 14 166

(See, also, "Cities, Towns and Villages ")

Indentures— relating to apprentices, 10 10

Industrial Home for Blind, Chicago— appropriation, ordinary and special 29

Injuries— caused by neglect or default 217

Insane— Asylum for Criminals. Chester, appropriations 32,35

Asylum for Incurable, Barton ville, appropriations 32,35

Central Hospital, JacKsonville, appropriations 31,35

Eastern Hospital, Kankakee, appropriations 31,35

Northern Hospital, Elgin, appropriations 30, 35

Southern Hospital, Anna, appropriations 32,35

Western Hospital. Watertown, appropriations 31,35

Inspection— of factories with regard to child labor, 9 191

of military property and stores 337

of mines— appointment and duty of inspectors 250

Institution for the Education of the Blind, Jacksonville— appropriations 33,35

Institution for the Education of the Deaf and Dumb, Jacksonville— appro-
priations 32, 35

change of name 93

Insurance— fraternal societies, reserve fund 218

joint stock and mutual fire companies, 6 220

may be required by building and loan companies, 8b 128

policies in unauthorized corporations 221

township insurance companies 222

374 INDEX.

Page.

Insurance Superintendent— appropriations, ordinary and contingent, 40th 78

shall register securities deposited with him, 4 219

Intoxication— not physical disability under election law, 9 181

Isle op Pines— joint resolution concerning 360

JEFFERSON COUNTY— terms of circuit court in 144

Joint Resolutions— of 43d General Assembly 356

adjournments 356, 357

Cairo expedition, correction of records of 357

canvass of election returns for State officers 357

Chicago, new charter proposed for 358

Clark county, court reports to supply loss by fire 359

election of United States Senator by 43d General Assembly 359

forests of Illinois, preservation of 359

Isle of Pines, government of 360

Sweden and Finland, relief of destitute 360

United States senators, election of by popular vote 361

Jurisdiction— of court of claims, 9 142

of State over ceded lands 354

Justices and Constables— appointing justices in Chicago 224

duties of justices in enforcing game law, 20 213

one justice may act for another, 21 223

LABOR— compensation of commissioners of, 3 186

(See, also, "Employment.")

Lake Michigan— parks and boulevards overbed of, 4 258

Larceny— failure to account for funds, 81*2 156

Laws— reprint of certain volumes of session laws authorized 225

Liability— of game commissioners and wardens for seizure of game, 24 214

Libraries— election of library boards in towns and villages, 11 226

free public libraries in parks 262

historical society incorporated with State historical library. 6 229

purchase of library sites and buildings, 13 226

State historical, trustees and librarian, 4 228

License— for private employment agencies. 9 196

manufacturer or dealer in commercial fertilizers, 3 5

may be required of elevator operators 96

solicitors for liquor trade 164

to agents of unauthorized insurance companies 221

to hunters, resident and non-resident. 25 214

to practice as veterinarian, 4 7

Liens— mechanics, revision of law relating to 230

on get of sires vests in owners of sires, 3 6

Lieutenant Governor— appropriation, ordinary and contingent, 6th 70

Limitation— as to suit of sub-contractor, 33 243

enforcement of mechanic's liens, 7 233

for time of contesting wills, 7 355

prosecutions for violation of game law, 9 210

Lincoln Homestead— appropriation, ordinary and contingent, 38th 78

Lincoln Monument— appropriation, ordinary and contingent, 38th 78

Liquidation— of building and loan companies. 22 129

Live Stock Breeders' Association— appropriation in aid of 24

Live Stock Commission— appropriation, deficiency 45

appropriation, ordinary and contingent, 39th 78

control of veterinary practice, 2 7

Local Improvements— petition and ordinance for— two acts concerning 101

special assessments for, 38 103

Looks and Dams— construction of by sanitary district, 2 114

Logan Rifle Range— appropriation for improvements 51

Louisiana Purchase Exposition— appropriation in aid of 38

Lunatics— commitment and detention of 245

conservators, appointment of 247

MALFEASANCE IN OFFICE-of trustees of cemeteryassociations.il 92

Manufacturers— of dangerous explosives regulated, 4 159

regulation of child labor in shops and factories, 2 156

Marriage— evidence of required in certain cases, 2 156

Mayor— appointment of fire and police commissioners by, 1 97

shall appoint trustees of police pension fund. 2 108

INDEX. 375

Mechanic's Liens— (See "Liens".) Page.

Medical Department— of national guard, article 4 333

Medicine and Surgery— sale of cocaine regulated 248

Memorial Hall— appropriation for improvements 11

Midwives— duties as to reporting births and deaths 315

Military and Naval Code— general revision of 318

Military Supplies— purchase of regulated, 4 324

Mine Inspectors— appropriation, ordinary and contingent, 35th 77

Mines and Mining— appointment, powers and duties of mining board and inspectors. 261

attendants at doorways provided for, 19f 250

inspection of mines provided for, 6 250

use of powder in mines regulated 252

wash rooms for miners to be provided 252

Mining Board, State— appropriation, ordinary and contingent, 35th 76

Misdemeanor— abandonment of wife or child, 1 155

breaking seal containing election registers, 32 169

• copying election registers unlawfully, 34 169

failure to provide wash room at mines, 2 253

hunting on lands of others. 29 216

obstruction of factory inspector's work, 14 192

refusal of mob to disperse when ordered by proper officer, 5 346

selling, shipping or possessing game out of season, 2 207

veterinary practice without license, 10 10

violation of act concerning beneficiary societies, 7 220

vialation of act concerning births and deaths, 13 318

violation of act concerning mines, 4 252

violation of convict labor act, 26 280

violation of employment office act, 10 198

violation of game law. 1 206

violation of public accountant act, 6 283

violation of school employes' pension act,H7 313

Mobs and Riots— regulations of military code concerning, article 12 345

Monuments— Bickerdyke, appropriation to construct 46

Lincoln, appropriation for care of, 3Sth 78

Shiloh battlefield, appropriation to dedicate 47

Vicksburg battlefield, appropriation to construct 48

Mortgages and Deeds— acknowledgment and proof of 118

acknowledgment and recording of mortgages, 2 263

executed by telephone companies, 5 351

Municipal Ownership— of street railways authorized 285

Museum— maintenance of in public parks. 1 263

of agriculture, appropriation for removing and refitting, 48th 80

of natural history, ordinary and contingent, 33d 75

NAME— change of by corporation 1"1

change of for Commission of Claims 140

change of for Institution for Deaf and Dumb 93

National Guard— appropriation for armory at Bloomington 49

appropriation. Camp Lincoln, improvements and repairs 50

appropriation, first regiment reimbursed 51

appropriation. Logan Rifle Range, improvements and repairs 51

appropriation, ordinary and contingent 52

appropriation, tents, blankets, uniforms, etc 53

arms and armories, regulations concerning, article 7 337

courts martial, regulations concerning, article 9 342

discharge of enlisted men, 9 341

election and appointment of officers, article 3 331

enlisted men, regulations concerning, article 8 339

exempt from jury service, 1 322

general provisions of military code, article 13 347

inspection of annually, 3 338

liability and enrollment, article 1 321

medical department, regulations concerning, article 4 333

mobs and riots, regulations concerning, article 12 345

ordinary and contingent expenses, appropriation 52

organization and e xemptions, article 2 S21

parades and encampments, article 5 336

pay and allowance of officers and men, article 11 344

retired list, regulations concerning, article 10 344

retirement of enlisted men, 8 341

revision of military and naval code 318

rifle practice, regulations concerning, article 6 337

tents, blankets, uniforms, etc, appropriation 53

transfer of enlisted men, 4 340

37(3 INDEX.

Page.

Naval Reserve— constitution of 328

Navigation— of sanitary channel provided for, 3 115

to be respected by park boards, 3 257

Neglect or Default— deaths caused by 217

Nominations— withdrawal of provided for, 8 174

Normal Schools— (See "Schools and Universities.")

Northern Hospital for Insane, Elgin— appropriation 30,35

Northern Normal, DeKalb— appropriation 60

Notary Public— who is officer of corporation, 1 120

Noxious Weeds— certain weeds declared a nuisance, 14 , 89

OATH— administration of by members of county board, 56 137

of special police for Chautauqua grounds 157

to be taken by county court reporters, 3 149

Official Bonds— (See "Bond.")

Omnibus. Bill— charitable institutions, ordinary expenses 35

charitable institutions, special appropriations 30

State government, general expenses 68

PARADES AND ENCAMPMENTS-of national guard, article 5 336

Parks and Boulevards— additional tax for in certain districts 265

alteration and enlargement of park systems 254

bonds for enlargement and extension of , 1 258

commissioners for system in three towns 265

enlargement and connection of 256

enlargement of parka bordering on public waters 260

extension of over bed of public waters 256

free public libraries in parks 262

Grant park, conveyance to South Park board 268

museums in public parks 263

parks for two or more towns bordering on navigable waters 266

small parks and pleasure grounds, acquisition and maintenance 266

streets may be extended through certain parks 269

submerged lands bordering on parks 256. 260, 266, 268

Pawnbrokers— business of regulated 270

Pay and Allowance— regulations concerning National Guard, Article II 344

Penalty— for abandonment of wife or child 155

for destruction of birds' eggs or nests. 4 208

for destruction of birds' eggs or nests, 12 210

for destruction of military stores, etc., 4 348

for failure of national guardsman to report for duty, 7 348

for failure to acknowledge satisfaction of lien, 35 244

for failure to file statement by building and loan associations, 15 129

for failure to provide wash rooms for miners, 2 253

for false impersonation of county surveyor 349

fraud in manufacture or sale of fertilizers, 5 5

hunting on lands of others, 30 216

illegal copying of election registers, 34 169

illegal manufacture of dangerous explosives, 4 159

illegally parading with arms. 3. 348

illegally wearing military uniforms, etc., 5 , 348

injury to telephone lines, 2 350

interference with work of factory inspectors, 14 192

killing birds other than game birds, 3 208

neglect of assessor or deputy to follow instructions of supervisor 300

possessing, shipping or selling game out of season, 2 ; 207

practicing veterinary medicine without license, 10 10

receiving deposits when insolvent, l . 156

refusal of mob to disperse when commanded by proper authority, 5 346

soliciting liquor trade without a license 164

State's attorney's refusal to make report of fines, etc., 8e 201

tampering with voting machine, 19,20 185

trapping or snaring certain birds, 5 208

trespass on Chautauqua grounds, 2 157

use of ferrets in hunting, 31 216

violation of act concerning sales of cocaine, 14b 249

violation of act concerning wages, 3 199

violation of act relating to beneficiary societies, 7 220

violation of act relating to mining, 4 252

violation of act relating to reports of births and deaths, 13 318

violation of automobile act, 3 302

violation of building and loan act, lb 125

violation of child labor act, 14 192

violation of city election law. 32 169

violation of compulsory attendance act, 214 308

INDEX. 377

Penalty— Concluded. Page.

violation of convict labor act, 26 280

violation of free employment office act, 10 198

violation of game laws 206

violation of public accountant act. 6 283

violation of school employes' pension act, 17 313

Penitentiaries— convict labor regulated 271

Penitentiary, Southern, Chester— appropriation, ordinary and special 54

Penitentiary, State, Joliet— appropriation, ordinary and special 55

Pension Fund— for school employes authorized 309

for police force in municipalities 107

Pensions— payment of to superintendent of soldiers' homes, 3b 94

Petition— for adoption of act concerning State's attorneys. 8h 20*

for adoption of city election law 16°

for adoption of municipal ownership act, 1 28|>

for adoption of sanitary district additions, 9 Hi

for establishing private road, 54 30{»

for issuing bonds for park purposes, 6 25j»

for organization of cemetery associations. 2 9^

of drainage district benefiting another district, 2 16l

Physicians— duties of as to reports of births and deaths 316

Police Pension Fund— creation and management of 107

powers and duties of trustees of , 10 Ill

Police, Special— for protection of Chautauqua assemblies 157

Poll Books— return of to Secretary of State, 62 175

return of under city election law, 17 170

Polling Places— establishment of at soldiers' and sailors' homes. 30 173

Poultry Association— appropriation in aid of 58

Powers and Duties— of Court of Claims, 3 140

of factory inspectors, 9 191,193

of fish wardens, 4 204

of game commissioner and wardens, 17 211

of reporters for county courts, 2 149

of school boards, 22 307

of special police in certaiD cases, 1 157

of trustees school employes' pension fund, 6 310

of State Historical Society. 4 228

of voting machine commissioners. 3 180

Primary Elections— in counties of 125,000 population 176

Printing— reprinting of certain session laws authorized 225

Printing and Binding— appropriation for, 15th 72

Printing Paper and Stationery— appropriation for purchase of. 14th 71

Prison Labor. (See "Penitentiaries.")

Private Roads— establishment of regulated, 54 303

Probate Courts. (See "Courts.")

Probate of Wills— act concerning, 7 355

Public Accountants— act regulating prof ession of 281

Publication— of opinions filed by Court of Claims, 10 142

RAILROAD AND WAREHOUSE COMMISSION-appropriation, ordinary and con-
tingent. 34th 76

Railroads— municipal ownership of street railways 285

street railways across certain bridges 283

"street railway certificates" may be issued by municipality, 2 287

vestibules required for street cars 289

Real Estate— conveyance of by church corporations 132

Receivers— appointment and discharge of 290

Recorders op Deeds— authorized to keep abstract books 291

Recording— charter of cemetery association. 3 90

mortgages, trust deeds, etc., 4 254

plat of cemetery grounds, 6 91

results of elections in certain municipalities 95

Refunding Surplus Funds— registered bonds barred by statute 86

Registration— of applicants at free employment offices. 3 195

of articles pledged at pawnshops, 4 270

of birth and death certificates by county clerk, 11 317

378 INDEX.

Registration— Concluded. Page.

of children employed in factories, etc., 2 187

of securities deposited by beneficiary societies, 4 219

of voters under city election law 168

Reorganization— of building and loan companies, 22 129

Repeal— act concerning recorders of deeds, 5 , , 292

act giving additional judges to Cook county 143

act of 1901 relating to reports of births and deaths, 15 318

act to create a commission of claims, 11 142

act to prevent child labor, 15 193

acts concerning noxious weeds, 14 89

acts conflicting with employment offices act, 14 198

acts conflicting with military code, 9 349

acts conflicting with police pension fund act, 2 112

acts conflicting with school employes pension fund act, 18 313

acts relating to sales of cocaine, 16 249

acts relating to game, 32 216

acts relating to libraries in parks 262

certain election laws in certain precincts, 21 „.. 185

laws prohibiting conveyances by church corporations, 2 133

provision in city election law concerning ballot box 167

Replevin— action in, how brought, 4 293

Reporters— appointment of for county courts 149

Reserve Fund— of beneficiary societies 268

Resolutions, Joint. (See "Joint Resolutions.")

Revenue— additional tax levy for road purposes, 14 303

additional tax lexy for roads and bridges, 119 304

assessment books, how and when made up, 10 297

assessment of banks and bank stock, 30 294

duties and compensation of township assessors, 2 299

duties of assessors and supervisor of assessments 295

general levy for State purposes 297

road tax in incorporated municipalities, 119 304

road tax in counties under township organization, 119 304

sale of land for taxes, 207 298

taxation beyond constitutional limit 135

Rifle Practice— regulations of military code concerning, article 6 .. 337

Riparian Rights— acquisition of by park authorities, 3 257

park boards may acquire, 2 260

Roads and Bridges— crushed rock for roads furnished by convict labor, 12 274

good roads commission, appointment and duties 302

highway commissioners to fix location of telephone poles, 4 351

increase of tax levy for road purposes, 14 303

private roads, how established, 54 303

road tax in counties under township organization, 119 304

speed of automobiles regulated 302

SALARIES— (See "Fees and Salaries.")

Sales— of church property provided for 132

of cocaine and kindred drugs regulated 248

of fish regulated. 1 203

of game regu'ated. 6 208

of game seized under provisions of game law, 21 213

of property by pawnbrokers, 7 270

of real estate to satisfy mechanic's lien, 18 237

soliciting for liquor sales 164

Sanitary Districts— enlargement of Chicago district 113

navigation of sanitary channel provided for, 3 115

(See, also, "Drainage.")

San Jose Scale— appropriations for prevention of, 45th 79

School Boards— may grant use of school rooms for lectures, etc., 12th 308

powers and duties of enumerated, 22 * 307

School Fund, Distributable— appropriations of , 28 73

Schools— "bird day" to be observed by 306

classes for crippled children authorized 314

compulsory attendance of children 308

election of school boards in certain districts 306

employes pension fund authorized 309

powers and duties of school boards, 22 307

provisions concerning child employes, 7, 8 189

Schools and Universities— Eastern Normal, Charleston, appropriation ordinary

and special 58,59

Northern Normal. DeKalb. appropriations, ordinary and special 60

Southern Normal, Carbondale, appropriations, ordinary and special 61,62

INDEX. 379

Schools and Universities— Concluded. Page

State Normal, Normal, appropriations, ordinary and special 63

University of Illinois, Urbana, appropriations, ordinary and special 66,81

Western Normal, Macomb, appropriations, ordinary and special 64,65

Secretary of State— annual report of corporations to 123

appropriation for purchase of Douglas statute, 51st 81

appropriation ordinary and contingent, 7th-l3th 70

authorized to reprint certain volumes of laws 225

return of poll books to, 62 175

shall furnish blanks to free employment offices, 13th 198

shall furnish court reports to Clark county— joint resolution 359

shall issue charter to cemetery associations, 2 90

Shiloh Battlefield— appropriation for dedication of monuments 47

Soldiers' and Sailors' Home, Quincy— admission of women to 93

appropriations, ordinary and special 33, 35

erection of cottages by counties, 3a 94

Soldiers' Orphans' Home. Normal— appropriation, ordinary and special 33.35

Soldiers' Widows' Home, Wilmington— appropriation, ordinary and special 34,35

transfer of women to. 3d 94

Southern Hospital for Insane, Anna— appropriation, ordinary and special 32,35

Southern Normal, Carbondale— appropriations, ordinary and special 61,62

Southern Penitentiary, Chester— appropriation, ordinary and special 54

Special Assessments— in additions to sanitary district prohibited, 4 116

(See, also, "Local Improvements").

State Boards— (See "Boards").

State Entomologist— appropriation, ordinary and contingent, 45th 79

State Fair— appropriation for permanent improvements , 23

State Food Commissioner— appropriation, ordinary and contingent, 47th 80

State Government— appropriation for ordinary and contingent expenses 68

tax levy for general purposes 297

State Historical Society— incorporated with historical library, 6 229

State Institutions— (See "Asylums," "Homes," "Hospitals," "Institutions,"
"Schools," etc).

State Militia— revision of military and naval code 318

(See, also, "National Guard").

State Normal University, Normal— appropriation, ordinary and special 63

State Normal Schools— (See "Schools and Universities.")

State Officers— appropriation for payment of salaries 44

State Penitentiary, Joliet— appropriation, ordinary and special 55

State Reformatory, Pontiac— appropriation, ordinary and special 56, 57

State TREASURER-appropriation, ordinary and contingent, 23d, 24th 73

State's Attorneys— assistants may be allowed by county board, 8c 201

duty as to enforcement of act concerning wages, 4 199

duty as to enforcement of game law. 27 215

duty as to fines and forfeitures. 8d 201

duty as to violations of military code, 8 349

may not receive private fee for a public service, 6a 85

salary in lieu of fees in counties of 1st and 2d class 200

Statues— appropriation for statue of Frances E. Willard 82

appropriation for statue of Stephen A. Douglas, 51st 81

Statute of Limitations— registered bonds barred by 86

Statutory Forms— (See "Forms.")

St. Charles Home for Boys— appropriation, ordinary and special 36

Stock Breeders— protection of owners of sires, 3 6

Street Railways— (See "Railroads.")

Submerged Lands— conveyance of to South Park board, Chicago 268

rights of park boards over 256,260,266

Superintendent of Public Instruction— appropriation, ordinary and contingent,

26th, 27th 73

duties as to schools and classes for crippled children 314

Superior Courts— (See "Courts.")

Supreme Court— (See "Courts.")

Supreme Court Reporter— appropriation, ordinary and contingent. 43d 79

Surveys and Surveyors— oath of county surveyor— fraudulent impersonation of. 1.. 349

380 INDEX.

Page.

Sweden and Finland— appropriation for relief of destitute 82

joint resolution concerning relief of destitute 360

TAXATION— cemetery property exempt from, 14 93

for park purposes, 2 264,267

in sanitary districts provided for, 7 116

(See, also, "Revenue.")

Telegraphs and Telephones— act concerning telephone companies 350

Terms of Circuit Codrt— (See "Courts.")

Terms of County Courts— (See "Counties.")

Title— to wild game and birds rests in State, 11 210

Titles— abstract books to be kept by recorder of deeds 291

registration of under Torrens system 121

Torrens Land Title System— act for extension of 121

Township Organization— city territory organized as township 352

county board may fix and alter town boundaries 353

Training School for Girls, Geneva— appropriation, ordinary and special 34,35,53

(See, also, "Home for Juvenile Female Offenders,") t

Turning Basin— construction of in Chicago river 354

UNITED STATES-certain lands ceded to for a turning basin 354

navigation laws of to control sanitary channel, 3 115

United States Senator— election of by 43d General Assembly— joint resolution 359

United States Senators— election of by popular vote— joint resolution 361

Universities— (See "Schools and Universities.")

University of Illinois— appropriations, ordinary and special 66,81

shall conduct examinations for public accountants, 2 281

VESTIBULES— on street cars provided for 289

Veterinarians— exempt from jury service, 5 9

Veterinary Colleges— recognition of by veterinary examiners, 3 7

Veterinary Examiners— powers and duties prescribed, 5 8

shall be appointed by live stock commissioners, 2 7

Veterinary Medicine and Surgery— practice regulated 6

Veterinary Practice— temporary permits may be granted for, 9 9

term defined, 8 9

Vetoes— appropriation for Asylum for Insane Criminals, 1 item 32

appropriation for Charitable Eye and Ear Infirmary, 1 item 34

appropriation for Eastern Hospital for Insane, 6 items 31

appropriation for Eastern Normal School. 1 item 59

appropriation for Northern Hospital for Insane, 1 item 30

appropriation for Northern Normal, 1 item 61

appropriation for State Normal, 1 item 63

appropriation for Training school for Girls, 1 item 34

Vicksburg Battle Ground— appropriation for monuments 48

Village President— term of office extended, 1 117

Villages— may adopt city election law, 14 166

(See, also, "Cities, Towns and Villages.") ,

Vital Statistics— reports of births and deaths provided for 315

Voting by Proxy— may be abolished by certain corporations 222

Voting Machines— use of authorized 178

WAGES— claim for, a first lien, 27 241

garnishment and attachment of 217

payment of regulated 198

Warrant— for arrest of violator of game law, 19 213

Water Courses— control of by drainage commissioners, 57 164

Water Power— control of by sanitary district, 6 116

Western Hospital for Insane, Watertown— appropriation, ordinary and con-
tingent 31,35

Western Normal, Macomb— appropriations, ordinary and special 64, 65

Willard, Frances E.— appropriation for statute of 82

INDEX. 381

Page

Wills— act concerning prebate of, 7 355

Witte, Henry R.— appropriation for death of Edward R. Witte 37

Women— admission of to Soldiers' and Sailors' Homes 93

Women's Building— appropriation for construction at fair grounds 23

Woodland Park— construction of street through, authorized 269

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Full text of "Laws of the State of Illinois"

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