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Full text of "Laws of the State of Illinois"

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WESTERN ILLINOIS UNIVERSITY LIBRARY 

ILLINOIS. 348ILLI 

ILX C001 

LAWS OF THE STATE OF ILLINOIS! SPRINGFIE 




3 1711 00532 7353 

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DOCUMENTS UB^ASY 

%P^TERN ILLINOIS UNIV. 
MACOMB, ILLINOIS 

MAY 1 1973 



Digitized by the Internet Archive 

in 2011 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1907illi 



LAWS 



OF THE 

FFTV.iyV.V> IN LAW COLLECTION 



STATE OF ILLINOIS 



ENACTED BY THE 



Forty-Fifth General Assembly 

AT THE 

REGULAR BIENNIAL SESSION 

TO THE TIME OF TAKING A RECESS ON MAY 16, 1907 



Begun and Held at the Capitol, in the City of Springfield, on the Ninth 

Day of January, A. D. 1907, and Adjourned on the Sixteenth 

Day of May, A. D. 1907 to the Eighth Day of 

October, A. D. 1907. 



PRINTED BY AUTHORITY OF THE GENERAL ASSEMBLY OF 
THE STATE OF ILLINOIS. 



< TRADES I 8B | COJNOL > j6g 



SPRINGFIELD, ILL. 
Phillips Bros., State Printers. 

1907. 



EXPLANATORY. 

This compilation does not include the six acts making appropria- 
tions in which certain items were vetoed, the Governor having re- 
turned said acts with his objections to the clerk of the house in 
which the same originated. The six acts are known as Senate Bills 
Nob, 108, 119, 396 and 587 and House Bills Nos. 60 and 330. 



ERRATUM. 



Page 27. For item of appropriation to Eastern Illinois State Nor- 
mal School, "for woman's building and gymnasium, 1,000.00", read 
"for woman's building and gymnasium, 100,000.00." 



TABLE OF CONTENTS. 



Administration of Estates : Page. 

An Act to restrain all trusts and directions of deeds or wills whereby the 
profits or produce of real or personal estate shall be accumulated, and the 
beneficial enjoyment thereof postponed beyond the time therein limited 1 

An Act to amend section 102 of an Act entitled, "An Act in regard to the 
administration of estates," approved April 1, 1872, in force July 1, 1872, 
as amended by an Act approved June 15, 1S87, in force July 1, 1887 2 

Adoption of Children : > 
An Act to amend sections 1, 2 and 3 of an Act entitled, "An Act to revise the 
law in relation to the adoption of children," approved February 27, 1874, 
in force July 1, 1874 3 

Agriculture and Horticulture : 

An Act to amend sections three (3), six (6) and eight (8) of an Act entitled, 
"An Act to revise the law in relation to the department of agriculture, 
agricultural societies and agricultural fairs, and to provide for reports of 
the same," approved June 23, 1883, in force July 1, 1883, as amended by 
an Act approved April 24, 1899, in force July 1, 1899 5 

Animals and Birds : 

An Act to provide for the inspection of any animal intended for human food, 

appearing to be diseased, and for the disposition of the carcass 7 

An Act to provide for the payment of bounties for killing crows 8 

An Act to provide for the payment of bounties for killing ground hogs 9 

An Act to regulate and fix the time of killing fur-hearing animals 9 

Appropriations : 

An Act to amend section seven of an Act entitled, "An Act to revise the law 
in relation to the department of agriculture, agricultural societies and 
agricultural fairs, and to provide for reports of the same," approved June 
23, 1883, in force July 1, 1883, and making an appropriation therefor 10 

An Act to extend the equipment and increase the instruction in the College 
of Agriculture of the University of Illinois, and to provide for the extension 
of the Agricultural Experiment Station, and to make appropriations therefor 11 

An Act making an appropriation for the Illinois Farmers' Institute and 
county farmers' institutes 14 

An Act making an appropriation for the State Board of Agriculture and 
county and other agricultural fairs 16 

An Act making an appropriation to the Attorney General to be used in the 
employment of special counsel and assistance in the trial of the case of the 
State of Illinois against the Illinois Central Railroad Company 17 

An Act making an appropriation for the payment of amounts awarded by the 
Court of Claims to certain persons named therein 18 

An Act making an appropriation for the Illinois State Bee-Keepers' Associa- 
tion 19 

An Act making an appropriation for repairs to the locks, dykes and dams in 
the Illinois river, at Henry and Copperas Creek, and for the maintenance 
of navigation in and along such portions of the Illinois river as are under 
the jurisdiction of the canal commissioners 20 

An Act making an appropriation for the ordinary and other expenses of the 
State charitable institutions herein named 21 

An Act to authorize the trustees of the Soldiers' and Sailors' Home at Quincy 
to sell certain real estate and to purchase certain other real estate, and 
making an appropriation for such purchase 22 

An Act making an appropriation for the Illinois Dairymen's Association 23 

An Act making an appropriation for the construction of the building for the 
use of the Department of Justice 24 

Atf Act to create an educational commission, to define its powers and duties 
and to make an appropriation therefor 24 



IV CONTENTS. 



APPROPRIATIONS— Continued. Page. 

An Act making appropriations for the ordinary expenses of the State educa- 
tional institutions herein named 25 

An Act making appropriations for the State educational institutions herein 
named 26 

An Act making appropriations for the University of Illinois ' 28 

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, 1862 ; and the money granted by an Act of Congress approved March 
4, 1907, entitled, "An Act making appropriations for the ,Department of 
Agriculture for the fiscal year ending June 30, 1908" 30 

An Act to make an appropriation for the benefit, aid and maintenance of the 
Illinois Firemen's Association 30 

An Act making an appropriation to meet a deficiency in the expenses for re- 
turning fugitives from justice .' 31 

An Act making appropriations for the payment of employes of the Forty-fifth 
General Assembly 32 

An Act to provide for the incidental expenses of the Forty-fifth General Assem- 
bly of the State of Illinois, and for the care and custody of the .State 
House and grounds, to be incurred and now unprovided for 32 

An Act to provide for the incidental expenses of the Forty-fifth General Assem- 
bly of the State of Illinois, and for the care and custody of the State 
House and grounds, to be incurred and now unprovided for 33 

An Act making appropriation for the payment of the officers and members of 
the next General Assembly, and for salaries of the officers of the State 
government 33 

An Act making an appropriation to the Governor, to be used in the investi- 
gation and examination of the books, records, reports and accounts of the 
Illinois Central Railroad Company 34 

An Act making appropriations for procuring documents, papers, materials and 
publications relating to the northwest and the State of Illinois 34 

An Act to provide for the compilation, editing, publication and distribution 
of a commemorative and historical volume to be entitled, "Illinois at 
Vicksburg," and making appropriations therefor 35 

An Act making an appropriation in aid of the Illinois State Horticultural 
Society • 37 

An Act making an appropriation to the Internal Improvement Commission of 
Illinois, for the purpose of repairing and strengthening the levee at Shaw- 
neetown, Illinois 37 

An Act making an appropriation for repairs of the Lincoln Homestead 38 

An Act making an appropriation for the Illinois Live Stock Breeders' Asso- 
ciation 38 

An Act to make an appropriation to the State Milk Producers' Institute. An 
Act to appropriate $1,000.00 for the Milk Producers' Institute of Illinois.. 39 

An Act to commemorate the heroism, valor and patriotic services of the Illinois 
volunteer soldiers in the army of the Union in the civil war, who died in 
Andersonville prison (officially designated Camp Sumpter), in the county of 
Sumpter, in the State of Georgia, while confined there as prisoners of war, 
by the erection of a suitable monument, either in the National cemetery or 
on the site of the prison stockade at that place ; creating a commission for 
such purpose and appropriating a sufficient sum of money therefor 39 

An Act making an appropriation of one thousand dollars ($1,000) for repair- 
ing the tomb of Elias Kent Kane, second United States Senator from Illinois 40 

An Act making an appropriation for constructing and erecting a monument 
in Riverview park, at Quincy, Illinois, to the memory of General George 
Rogers Clark 41 

An Act to provide for the purchase of overcoats, dress and service uniforms, 
and pea-jackets for the Illinois National Guard and the Illinois Naval 
Reserve 42 

An Act to purchase armory site for Second Infantry, Illinois National Guard, 
and sixty (60) acres additional ground for Camp Logan, Illinois 42 

An Act to appropriate the sum of one hundred fifty thousand dollars ($150,- 
000), or so much thereof as may be necessary, for the purpose of construct- 
ing an armory building for the use of the Seventh Infantry, Illinois National 
Guard, located in Chicago, Cook county, Illinois, provided that there shall be 
deeded to the State suitable ground upon which to erect said armory, the 
site to be approved by the Governor and Adjutant General 43 

An Act making appropriations for the ordinary and other expenses of the 
Southern Illinois Penitentiary at Chester, Illinois 44 

An Act to make appropriations for ordinary and other expenses of the Illinois 
Penitentiary at Joliet 44 



CONTENTS. 



APPROPRIATIONS— Concluded. Page. 

An Act creating a commission and providing for the acquisition of land for 
the re-location of the Illinois State Penitentiary and the Illinois Asylum for 
Insane Criminals, and for the building of a new Illinois State Penitentiary 
and a new Illinois Asylum for Insane Criminals at or near the city of 
Joliet, and making an appropriation therefor 45 

An Act making an appropriation for the Illinois State Poultry Association.. . 48 

An Act making an appropriation for a deficiency in the appropriations for the 
purchase of printing paper and stationery and for making payments for 
printing and binding for the State under State contracts 48 

An Act to appropriate two months' and five days' salary to the estate of the 
late Justice Wilkin 49 

An Act making an appropriation of, the amount of the uncollected salaries of 
Daniel V. McDonough and Daniel Buettner, deceased members of the Forty- 
fifth General Assembly, in favor of the mother and widow of each, respec- 
tively 50 

An Act to provide for the office of the State Entomologist, to define its duties 
and to extend its equipment , 50 

Banks : 

An Act to amend sections four (4), five (5), ten (10) and eleven (11) of an 
Act entitled, "An Act concerning corporations with banking powers," ap- 
proved June 16, 1887 ; submitted to a vote of the people at the November • 
election, 1888, and adopted, as amended by an Act approved June 3, 1889 ; 
submitted to a vote of the people at the November election, 1S90, and 
adopted, as amended by an Act approved June 4, 1897, and ratified by the 
people at the election of November 8, 1898, and adopted, as amended Novem- 
ber 28, 1898 52 

Bastardy : 

An Act to amend sections one and three of an Act entitled, "An Act concern- 
ing bastardy," approved April 3„ 1872, and in force July 1, 1872 56 

Cemeteries : 

An Act to amend section one of an Act entitled, "An Act in relation to the 
control of public graveyards," approved May 29, 1879, in force July 1, 1879 57 

Charities : 

An Act to amend sections 1, 4, 5, 6, 7 and 8 of an Act entitled, "An Act to 
provide for the location, erection, organization and management of an 
asylum for the incurable insane, and making an appropriation for the con- 
struction of necessary buildings," approved June 21, 1895,, in force Julv 1, 
1895 58 

An Act to authorize county authorities to establish and maintain a Detention 
Home for the temporary care and custody of dependent, delinquent or truant 
children, and to levy and collect a tax to pay the cost of its establish- 
ment and main tenance 59 

An Act to amend section three (3) of an Act entitled, "An Act to provide 
for the visitation of children placed in family homes," approved May 13, 
1905, in force July 1, 1905 62 

An Act to promote the care and curative treatment of the insane 63 

An Act to amend section six (6) of an Act entitled, "An Act to regulate the 
treatment and control of dependent, neglected and delinquent children," 
approved April 21, 1899, in force July 1, 1899, and as amended by an 
Act approved May 13, 1905, in force July 1, 1905 69 

An Act to amend an Act entitled, "An Act to regulate the treatment and con- 1 
trol of dependent, neglected and delinquent children," approved April 1, 
1899, in force July 1, 1899, as amended by an Act approved May 11, 1901, 
in force July 1, 1901, and as further amended by an Act approved May 
16, 1905, in force July 1, 1905. by amending the title and sections 1, 4, 
5, 7, 8, 9, 15 and 22 thereof, and by adding thereto nine (9) new sections 
to be known as sections 9a, 9b, 9c, 9d, 9e, 23, 24, 25 and 26 70 

An Act to amend section one of an Act entitled, "An Act to enable cities to 
establish and maintain public hospitals," approved June 17, 1891, in force 
July 1, 1891. 78 

An Act to provide for the burial of deceased indigent or friendless soldiers, 
sailors or marines of the late civil war, the Spanish-American war, the 
Philippine insurrection and the Boxer uprising in China, or their mothers, 
wives or widows 78 

An Act to regulate the granting of relief to indigent war veterans and their 
families, and to repeal a certain Act therein named 79 

An Act to amend section 3a of an Act approved May 13, 1903, in force July 1, 

, 1903, entitled, "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 82 



VI CONTENTS. 



Chaeities — Concluded. Page. 

An Act to amend section 5 of an Act entitled, "An Act to regulate the State 
charitable institutions and the State Reform School, and to improve their 
organization and increase their efficiency," approved April 15, 1875, in 
force July 1, 1875, as amended by an Act approved May 28, 1897, in force 
July 1, 1897, approved April 3, 1899, in force July 1, 1899 82 

An Act to amend section 10 of an Act entitled, "An Act to establish and main- 
tain a home for the disabled mothers, wives, widows and daughters of dis- 
abled or deceased soldiers in the State of Illinois, and to provide for the 
purchase and maintenance thereof," approved June 13, 1895, in force July 1 
1895 84 

Cities, Villages and Towns : 

An Act to amend section eight (8) of an Act entitled, "An Act to enable any 
city, town or village in this State to change its name," approved March 7, 
1872, in force July 1, 1872 84 

An Act to provide a charter for the city of Chicago, to consolidate in the 
government of said city the powers now vested in the local authorities 
having jurisdiction within the territory of said city, and to enlarge the 
rights and powers of said city 85 

An Act to amend sections one (1), two (2), three (3), four (4), six (6), 
eight (8), ten (10), eleven (11) and sixteen (16) and the title of "An Act 
to create a board of trustees of the firemen's pension fund ; to provide and 
distribute such fund for the pensioning of disabled firemen and the widows 
and minor children of deceased firemen : to authorize the retirement from 
service and the pensioning of members of the Are department, and for other 
purposes connected therewith, in cities, villages or incorporated towns, 
whose population exceeds 50,000 inhabitants, having a paid Are depart- 
ment," approved May 13, 1887, in force July 1, 1887, and as amended 
by an Act approved March 28, 1889, in force July 1, 1889 186 

An Act to amend an Act entitled, "An Act concerning local improvements," 
approved June 14, 1897, in force July 1, J897, as heretofore amended, by 
adding thereto a new section to be known as section 97a 193 

An Act to amend an Act entitled, "An Act concerning local improvements," 
approved June 14, 1897, in force July 1, 1897, as heretofore amended, by 
adding thereto six new sections, to be known as section 15a, section 33a, 
section 61a, section 77a, section 89a and section 89b 195 

An Act to amend section one (1) of an Act entitled, "An Act to authorize the 
election of police magistrates in towns, cities and villages where the same 
are not now provided for by law," approved and in force April 13, 1875... 198 

An Act to amend section three (3) 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 
J^Iy 1, 1899, as amended by an Act approved May 11, 1901, in force July 1, 
1901,, as amended by an Act approved and in force May 16, 1903 199 

An Act to amend section 8 of an Act entitled, "An Act to provide additional 
means for the construction of sidewalks in cities, towns and villages," ap- 
proved April 15, 1875, in force July 1, 1875, as amended by Act filed May 
18, 1905, in force May 18, 1905 200 

An Act entitled, "An Act to further enable cities, villages and incorporated 
towns to lease, purchase or construct water and sewer systems, provide for 
the pavment of the same and any indebtedness thereon and contracts there- 
with" ' 201 

Civil Service : 

An Act to amend section 11 of an Act entitled, "An Act to regulate the civil 
service of the State of Illinois," approved May 11, 1905, and in force July 1, 
1905 203 

An Act to amend sections 4, 6, 9, 10, 12, 18, 19 and 35 of an Act entitled, 
"An Act to regulate the civil service of the State of Illinois," approved May 
11, 1905, in force July 1, 1905 204 

Conveyances : v - 

An Act to amend sections 101 and 102 of an Act entitled, "An Act concerning 
land titles," approved and in force May 1, 1897 207 

An Act to amend sections 11, 18, 48, 93, 94 and 108 of an Act entitled, "An 
Act concerning land titles," approved and in force May 1, 1897, and to repeal 
sections 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79 of the same Act, and to add 
three new sections, to be known as sections 70, 71 and 72 208 

Cobonees : 

An Act to amend sections 10 and 18 of an Act entitled, "An Act to revise the 
law in relation to coroners," approved February 6, 1874, in force July 1, 
1874, as amended as to said section 10 by an Act approved May 31, 1879, 
in force July 1, 1879 213 



CONTENTS. VII 



Coroners— Concluded. Page. 
An Act to amend an Act entitled, "An Act to revise the law in relation to 
coroners," approved February 6, 1874, in force July 1, 1874, by adding 
thereto a new section, to be known as section 25 214 

Corporations : 

An Act concerning the property of posts of the Grand Army of the Republic 
and camps of the United Spanish War Veterans, and to provide for the care 

and preservation thereof, and to repeal a certain Act therein named 214 

An Act to amend section 7a of an Act entitled, "An Act to provide for the 
punishment of persons, copartnerships or corporations forming pools, trusts 
and combines, and mode of procedure and rules of evidence in such cases," 
approved June 11, 1891, and in force July 1, 1891, as amended by Act 
approved June 20, 1893, and in force July 1, 1893 216 

Counties : 

An Act to amend an Act entitled, "An Act to revise the law in relation to 
counties," approved and in force March 31, 1874, and all Acts amendatory 
thereto 218 

Courts : 

An Act entitled, "An Act to give circuit courts in term time, and judges there- 
of in vacation, concurrent jurisdiction with the county courts, in all mat- 
ters per.taining to the organization of farm drainage districts, and farm 
drainage and levee districts and the operation thereof" 220 

An Act to create one additional term of the circuit court in the county of 
Williamson, and to fix the time of holding the same 220 

An Act to create two additional terms of the circuit court in the county of 
Franklin, and to fix the time of holding the same 221 

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 Cook," approved May 24, 1879, in force July 1, 1879, as 
amended by Act approved June 11, 1897, in force July 1, 1897, as amended 
by Act approved May 14, 1903, in force July 1, 1903 221 

An Act to amend section 21 and section 23 of an Act entitled, "An Act 
in relation to courts of record in cities," approved May 10, 1901, in force 
July 1, 1901 222 

An Act to amend section nine of an Act entitled, "An Act to extend the juris- 
diction 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, and in force July 1, 1874, and as amended by an Act 
approved May 13, 1879, and in force July 1, 1879 224 

An Act to amend section 86 of an Act entitled, "An Act to extend the juris- 
diction 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 
April 13, 1875, in force July 1, 1875 224 

An Act to amend an Act entitled, "An Act in relation to a municipal court in 
the city of Chicago," approved May 18, 1905 226 

An Act to provide for the election and time of election of judges of the 
superior court of Cook county 262 

An Act to amend section five (5) of an Act entitled, "An Act to diminish 
the number of judicial divisions of the Supreme Court, to change the time 
and places of holding said court, and to regulate the practice in said 
court," approved April 2, 1897, in force July 1, 1897 262 

An Act to amend section eleven (11) 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 263 

Criminal Code : 

An Act to amend section 51 of division 1 of an Act entitled, "An Act to 
revise the law in relation to criminal jurisprudence," approved March 27, 
1874, in force July 1, 1874 264 

An Act in relation to wearing the badge or emblems of the Grand Army of 
the Republic, the United Spanish War Veterans' Association or the Army of 
the Philippines, to provide a penalty for a violation thereof, and to repeal 
a certain Act therein named 264 

An Act to regulate the manufacture, use and sale of cigarettes in the State 
of Illinois 265 

An Act to define and punish crimes against children 266 

An Act prohibiting the unauthorized performance or representation of any 
unpublished or undedicated dramatic composition or dramatic musical com- 
position and penalty for the same 266 



VIII CONTENTS. 



Criminal Code — Concluded. Page. 

An Act to regulate the manufacture, sale, use or disposal of embalming fluids 
containing arsenic or strychnine, and providing for a penalty for the viola- 
tion thereof 267 

An Act to regulate the sale of Paris green 267 

An Act to prohibit the sale of tickets for more than the price printed thereon 
for theaters, circuses and places of amusement, and declaring same a mis- 
demeanor and fixing the penalties therefor 268 

An Act to prohibit the sale of tickets for more than the price printed thereon 
for theaters, circuses and places of amusement, and declaring same a mis- 
demeanor and fixing the penalties therefor, and to repeal a certain Act 
herein named 269 

An Act to amend section 271 of an Act entitled, "An Act to revise the law in 
relation to criminal jurisprudence," approved March 27, 1876 [1874], as 
amended by an Act approved April 27, 1877, in force July 1, 1877, entitled, 
"An Aet to amend an Act entitled, 'An Act to revise the law in relation 
to criminal jurisprudence,' approved March 27, 1874" 271 

An Act entitled, "An Act to amend sections 5 and 6 of division 15 of an 
Act entitled, 'An Act to revise the law in relation to criminal jurisprudence,' 
approved March 27, 1874, in force July 1, 1874" 272 

Dbainage : 

An Act to amend section 15a of an Act entitled, "An Act to provide for 
drainage for agricultural and sanitary purposes, and to repeal certain Acts 
therein named," approved June 27, 1885, in force July 1, 1885, as amended 
by Act approved June 21, 1895, in force July 1, 1895 273 

An Act to amend sections two (2), four (4), thirteen (13), sixteen (16), 
seventeen (17), seventeen and one-half (17%), nineteen (19), twenty (20), 
twenty-one (21), twenty-two (22), thirty-seven (37) and fifty-eight (58), 
and to repeal section twenty-five (25) of an Act 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 organization of drainage districts," ap- 
proved 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 amended by an Act approved June 4, 1889, in 
force July 1, 1889, as amended by Act of June 23, 1895, in force July 1, 
1895, as amended by Act approved May 10, 1901, in force July 1, 1901, 
as amended by an Act approved May 11, 1901, in force July 1, 1901, as 
amended by Act approved May 14, 1903, in force July 1, 1903, and to add 
one new section to be known as section seventy-five 274 

An Act to amend section 31 of an Act 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 
piovide for the organization of drainage districts," approved and in force 
May 29, 1879, as said section 31 was amended by an Act approved June 
30, 1885, and in force July 1, 1885, entitled, "An Act to revise and amend 
an Act and certain sections thereof 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 282 

An Act to amend section one of an Act entitled, "An Act to provide for the 
erection, maintenance and operation of pumping plants in certain drainage 
and levee districts and to legalize and validate former proceedings, bond is- 
view to erection, maintenance and operation of such pumping plants," ap- 
view to erection, maintenance and operation of such pumping plants,' 'ap 
proved and in force May 13, 1905 283 

An Act to amend sections four (4), eight (8), nine (9), eleven (11), twelve 
(12) and nineteen (19) of "An Act to create sanitary districts and to 
remove obstructions in the DesPlaines and Illinois rivers," approved May 
29, 1889, in force July 1, 1889, as amended by an Act approved May 13, 
1897, in force July 1. 1897, as amended by an Act approved May 10, 1901, 
in force July 1, 1901, as amended by an Act approved May 11, 1905, in 
force July 1, 1905, and adding section 19a thereto " 284 

An Act to amend section three (3) of an Act entitled, "An Act to create sani- 
tary districts and to remove obstructions in the DesPlaines and Illinois 
rivers," approved May 29, 1889, in force July 1, 1889, as amended by an 
Act approved May 11, 1905, in force July 1, 1905 287 

An Act to create sanitary districts in certain localities and to drain and pro- 
tect the same from overflow for sanitary purposes 289 

Dram Shofs : 

An Act to provide for the creation by popular vote of anti-saloon territory 
within which the sale of intoxicating liquor and the licensing of such sale 
shall be prohibited and for the abolition by like means of territory so 
created 297 



CONTENTS. IX 



Dram Stiofs— Concluded. Page. 

An Act regulating the admission of minors to public dance halls where intoxi- 
cating liquors are sold or given away, and providing for penalties for viola- 
tion of this Act 305 

An Act prohibiting the sale, distribution or gift of malt, spirituous, vinous 
or intoxicating liquors near the United States naval training schools or 
military posts, and providing a penalty for the violation thereof 306 

Elections : 

An Act to amend section 1 of article VII of 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, as amended by an Act approved April 24, 1899, in force July 1, 1899, 
as amended by Act approved April 24, 1899, in force July 1, 1899, as 
amended by an Act approved June 17, 1895, in force July 1, 1895, as 
amended by Act approved June 9, 1897, in force July 1, 1897, as amended 
by Act approved May 11, 1901, in force July 1, 1901 307 

Employment : 

An Act providing for the reporting, compiling and publishing of information 
concerning accidents to and deaths by accidents of employes 308 

An Act relating to the manufacture of butterine and ice cream 309 

An Act to provide for the establishment of a department of factory inspection, 
providing for the appointment of factory inspectors and an attorney for the 
department, and prescribing their duties, and to repeal all Acts or parts of 
Acts in conflict herewith 310 

An Act providing for the protection and safety of persons in and about the 
construction, repairing, alteration or removal of buildings, bridges, viaducts 
and other structures, and to provide for the enforcement thereof 312 

Fees and Salaries : 

An Act to amend sections 51 and 52 of an Act entitled, "An Act concerning 
fees and salaries and to classify the several counties of this State with 
reference thereto," approved March 28, 1872, in force July 1, 1872, title as 
amended by Act approved March 28, 1874, in force July 1, 1874, and all 
Acts amendatory thereto 316 

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," ap- 
proved March 29, 1872, in force July 1, 1872, title as amended by Act 
approved March 28, 1874, in force July 1, 1874, Act as amended by an 
Act approved May 15, 1903, in force July 1, 1903, by adding thereto sec- 
tion 9a 320 

An Act to amend section 31 of 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, and Acts amendatory thereto ; title as 
amended by Act approved March 28, 1874, in force July 1, 1874 321 

An Act providing for the payment by the county of Cook of further compen- 
sation to the State's attorney of said county 323 

An Act to amend an Act entitled, "An Act to allow a perdiem fee to clerks 
of the circuit and probate courts in counties of the first and second class," 
approved June 7, 1895, in force July 1, 1895 ; approved May 10, 1901, in 
force July 1, 1901 323 

An Act to amend section fourteen of an Act entitled. "An Act concerning fees 
and salaries, and to classify the several counties of this State with refer- 
ence thereto," approved March 20, 1872, in force July 1, 1872 ; title as 
amended by Act approved March 28, 1874, in force July 1, 1874, as amended 
by Act approved April 8, 1875, in force July 1, 1875, as amended by 
Act approved May 11, 1877, in force July 1, 1877, as amended by Act 
approved June 23, 1883, in force July 1, 1883, as amended June 26, 1885, 
in force July 1, 1885, as amended by Act approved June 4, 1889, in force 
July 1, 1889, as amended by Act approved May 11, 1901, in force July 1, 
1901, as amended by Act approved May 14, in force July 1, 1903, as 
amended by Act approved May 16, 1905, in force July 1, 1905 324 

An Act to amend section 40 of 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, title as amended 
by an Act approved March 28, 1874, in force July 1, 1874 326 

An Act to amend section 20 of an Act entitled, "An Act concerning fees 
and salaries, and to classify the several counties of this State with refer- 
ence thereto," approved March 29, 1872, in force July 1, 1872; title as 
amended by Act approved March 28, 1874, in force July 1, 1874, said section 
20 being amended by Act approved May 25, 1877, in force July 1, 1877. . . . 328 

An Act to amend section 8 of 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 an Act approved June 4, 1889, in force July 1, 1889, title as amended bv 
Act approved March 28, 1874, in force July 1, 1874 J 399 



CONTENTS. 



Fees and Salames— Concluded. Page. 

An Act to amend section 3 of 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, title as amended 
by an Act approved March 28, 1874, in force July 1, 1874 331 

An Act to amend section 1 of 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, the title as amended by Act approved 
March 28, 1874 f f 331 

Fish and Game : 

An Act to regulate the catching of whiteflsh, trout, herring, chubs, longjaws, 
blackfins, perch and other rough fish in the waters of Lake Michigan under 
the jurisdiction of the State of Illinois 332 

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 
S-ate of Illinois, denning the duties of the fish commissioners, fixing their 
compensation and providing penalties for the violation of the provisions 
thereof 335 

An Act entitled, "An Act to amend sections one (1), two (2), three (3), four 
(4), five (5), six (6), ten (10), twelve (12), sixteen. (16), eighteen (18), 
twenty-five (25) and thirty-one (31) of an Act entitled, 'An Act for the 
protection of game, wild fowl and birds, and to repeal certain Acts relating 
thereto,' approved April 28, 1903, in force July 1, 1903, as amended by an 
Act approved May 18, 1905, in force July 1, 1905" 344 

Flags : 

An Act to prevent and punish the desecration, mutilation or improper use 
of the flag of the United States of America 351 

Gunekal Assembly : 

An Act to amend section twenty-six (26) of "An Act to provide for the 
election and appointment of the officers and employes of the General Assem- 
bly of the State and fix their compensation," approved May 28, 1877, in 
force July 1, 1877 353 

Insurance : 

An Act to amend section 11 of "An Act to organize and regulate county fire 
insurance companies," approved May 11, 1901, in force July 1, 1901 353 

An Act to amend section 8 of an Act entitled, "An Act to organize and regulate 
county fire insurance companies," approved June 6, 1887, in force July 1, 
1887 354 

An Act to amend an Act entitled, "An Act to provide for the organization 
and management of fraternal beneficiary societies for the purpose of fur- 
nishing life indemnity or pecuniary benefits of deceased members or accident 
or permanent indemnity disability to members thereof, and to control such 
societies of this State and of other States doing business in this State, 
and providing and fixing the punishment for violation of the provisions 
thereof, and to repeal all laws now existing which conflict herewith," ap- 
proved and in force June 23, 1893, by adding a section to be known as 
section 4a 355 

An Act defining who may become delegates or who shall have any voice in 
the management of or legislate for any fraternal insurance society doing 
business in the State of Illinois 356 

An Act empowering fraternal beneficiary societies organized and existing under 
and by virtue of the laws of the State of Illinois to create, maintain and 
operate as a part of their organization a department for the purpose of 
providing and furnishing to their sick, disabled and distressed members and 
their families, free medical, home, sanitorium and hospital service and 
treatment and other material aid and assistance, and to create, maintain 
and disburse for such purposes a trust fund, to be raised by and from vol- 
untary contributions, and declaring such departments to be charitable in- 
stitutions and competent as such to be named, and to take as beneficiary 
by its members in certain cases 357 

An Act to amend an Act entitled, "An Act to organize and regulate the 
business of life insurance," approved March 26, 1869, in force July 1, 
1869, by adding a section to be known as section 6a 359 

An Act to amend sections 1, 3 and 6 of an Act entitled, "An Act to provide for 
the deposit of reserve and the registration of policies and annuity bonds 
by life insurance companies of this State," approved April 18, 1899, in 
force July 1, 1899 360 

An Act to amend section 2 of an Act entitled, "An Act to provide for the 
deposit of reserve and the registration of policies and annuity bonds by 
life insurance companies of this State," approved April 18, 1899, in force 
July 1, 1899 .' 361 



CONTENTS. XI 



Insurance— Concluded. Page. 

An Act to amend an Act entitled. "An Act to provide for the deposit of 
reserve and the registration of policies and annuity bonds by life insur- 
ance companies of this State," approved April 18, 1899, in force July 1, 
1899, by adding a section to be known as section 11 362 

An Act to amend section 14 of an Act entitled, "An Act to organize and 
regulate the business of life insurance," approved March 26, 1869, in force 
July 1, 1869 363 

An Act to amend section 16 of an Act entitled, "An Act to organize and 
regulate the business of life insurance," approved March 26, 1869, in force 
July 1, 1869 363 

An Act to regulate the investments of the funds and the real estate holdings 
of life insurance companies 364 

An Act to prohibit misrepresentations by life insurance companies 366 

An Act relating to the transaction of the business of life insurance in the State 
of Illinois, and regulating the conditions and provisions of policies of life 
insurance companies organized under the laws of this State or doing busi- 
ness herein 367 

An Act relating to the salaries of officers and agents of life insurance com- 
panies 371 

An Act to amend section 10 of an Act entitled, "An Act to organize and regu- 
late the business of life insurance companies/' approved March 26, 1869, 
in force July 1, 1869 371 

Libraries : 

An Act to amend an Act entitled, "An Act to provide for the formation and 
disbursement of a public library employes' pension fund in cities having 
exceeding 100,000 inhabitants," approved May 12, 1905, and in force July 
1, 1905 373 

An Act to provide for the promotion of historical research in the several 
counties of the State 374 

An Act to amend an Act entitled, "An Act to provide for the better pres- 
ervation of official documents and records of historical interest," approved 
June 9, 1897, in force July 1, 1S97 374 

Liens : 

An Act to protect horseshoers and to subject the animals shod by them to a 
lien for the cost of shoeing the same 375 

Memcine and Surgery : 

An Act to amend "An Act to regulate the practice of medicine in the State of 
Illinois, and to repeal an Act therein named," approved April 24, 1899, in 
force July 1, 1899, by adding three new sections to said Act, to be known 
as section 2a, section 3a and section 3b 37S 

An Act to amend sections four (4), five (5), six (6), eight (8) and fourteen 
(14) of an Act entitled, "An Act to regulate the practice of pharmacy in 
the State of Illinois, to make an appropriation therefor, and to repeal cer- 
tain Acts therein named," approved May 11, 1901, in force July 1, 1901, as 
amended by Act approved May 13, 1903, in force July 1, 1903 379 

An Act relating to nurses and providing for their registration 383 

Mines : 

An Act to amend sections six (6), seven (7), eight (8), nine (9), eighteen 
(18), nineteen (19 of an Act entitled, "An Act to revise 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, as amended by Acts approved May 3 3, 14, 1903, in force July 
1, 1903, as amended by Acts approved May 12, 13, 16, 1905, in force 
July 1, 1905 387 

An Act to amend section one (1) of an Act entitled, "An Act to revise 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, and in force July 1, 1899 394 

An Act to amend section thirty-three (33) 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 so as to read as follows 396 

An Act to amend section 21 of an Act entitled, "An Act to revise the law in 
relation to coal mines and subjects relating thereto, and provide for the 
health and safety of persons employed therein," approved April 18 1899, 
in force July 1, 1899 '. 397 

An Act to amend section twenty (20) of an Act entitled, "An Act to revise 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, as amended by Acts approved May 13 and 14, 



XII CONTENTS. 



Mines— Concluded. Page. 
1903, in force July 1, 1903, and further amended by Acts approved May 12, 
13 and 16, 1905, in force July 1, 1905 398 

An Act for the purpose of compelling oil or gas leases, when forfeited, to he 
released of record and providing a penalty therefor 400 

An Act to amend sections one (1) and two (2) of an Act entitled, "An Act 
concerning the use of powder in coal mines," approved and in force May 
14, 1903 401 

An Act to amend an Act entitled, "An Act providing that operators of mines 
shall furnish shot firers in mines where shooting and blasting is done," 
approved May 18, 1905, in force July 1, 1905 401 

Negotiable Instruments : ■ 

An Act in regard to negotiable instruments payable in money 403 

Parks : 

An Act to enable park commissioners to enlarge the park systems under their 
control by acquiring and improving additional lands, and to pay for the 
acquisition and improvement thereof 427 

An Act to enable the corporate authorities of public park districts to issue 
bonds for the purpose of aiding the connection of park or parks under their 
control with other park or parks by means of boulevards, and to provide 
for the payment of such bonds 428 

An Act to provide for making improvements and repairs upon highways ad- 
joining public parks and pleasure grounds 429 

An Act authorizing the commissioners of Lincoln Park to issue bonds, and 
providing for payment thereof 430 

An Act to amend sections 1 and 2 of an Act entitled, "An Act to enable 
certain cities to provide and maintain public parks for the use of inhabit- 
ants thereof," approved April 24, 1899, in force July 1, 1899. . 431 

An Act to authorize cities having a population of less than 50,000 to estab- 
lish and maintain by taxation public parks 432 

An Act concerning the annual reports of park commissioners ■ 433 

An Act providing for the salary of park secretaries 433 

An Act authorizing park commissioners to acquire and improve submerged and 
shore lands for park purposes, providing for the payment therefor, and grant- 
ing unto such commissioners certain rights and powers and to riparian own- 
ers certain rights and titles '. 433 

An Act authorizing cities, towns and villages to permit the construction of sur- 
face and elevated ways 436 

An Act authorizing cities, towns and villages to construct and maintain surface 
and elevated ways, and turn the same over to public park corporate authori- 
ties 436 

An Act authorizing townships to acquire and maintain lands for park purposes . 437 

An Act authorizing townships to issue bonds for park purposes, and providing 
for the payment thereof 438 

An Act to authorize the confinement in houses of correction of persons convicted 
of the violation of ordinances of public park commissioners 440 

Paupers : 

An Act to amend section 5 of an Act entitled, "An Act to revise the law in re- 
lation to paupers," approved March 23, 1874, in force July 1, 1874 441 

Penitentiaries : 

An Act to amend section 2 of an Act entitled, "An Act authorizing and empow- 
ering the employment of convicts and prisoners in the penal and reformatory 
institutions of the State of Illinois in the manufacture of tile and culvert 
pipe for road drainage purposes, and in the manufacture of machinery, tools 
and appliances for the building, maintaining and repairing of the wagon 
roads of the State, and for preparing road building and ballasting material, 
upon the requisition of the State Highway Commission," approved May 18. 
1905, in force July 1, 1905 442 

Practice : 

An Act in relation to practice and procedure in courts of record 444 

Public Accountants : 

An Act to amend an Act entitled, "An Act to regulate the profession of public 
accountants," approved May 15, 1903, in force July 1, 1903 472 



CONTENTS. XIII 



Railroads and Warehouses : Page 
An Act to ratify consolidations and mergers between two or more railroad com- 
panies organized under the laws of this State and to confirm in the company 
or companies formed by such consolidation or merger, as the case may be, 
during the term of their, or its corporate existence, and of any extension 
thereof, all the corporate rights, property, franchises, privileges and immu- 
nities, consolidated or merged or belonging or pertaining to the constituent 
companies, and to define the term of the corporate existence of such merged 
or consolidated companies and to authorize them to renew their corporate 
existence 473 

An Act to amend section 3 of an Act entitled, "An Act to protect persons and 
property from danger at the crossings and junctions of railroads by providing 
a method to compel the protection of the same," approved June 2, 1891, in 
force July 1, 1891 '. 474 

An Act to amend sections one (1) and two (2) of an Act entitled, "An Act in 
relation to the crossing of one railway by another and to prevent danger to 
life and property from grade crossings," approved May 27, 1889, in force 
July 1, 1889 475 

An Act to establish and regulate the maximum rate of charges for the transpor- 
tation of passengers by corporations or companies operating or controlling 
railroads in part or in whole in this State, and to provide penalties for the 
violation of the provisions thereof, and repealing all Acts and parts of Acts 
in conflict herewith 476 

An Act in regard to warehouse receipts 477 

An Act to amend section one (1) of "An Act providing for the issuing and can- 
cellation of receipts for public warehouses or warehouses of class A or class 
B, in the State of Illinois, and providing penalties for violation thereof," 
approved May 11, 1901, in force July 1, 1901 489 

An Act to amend section three (3) of "An Act to amend an Act entitled "An 
Act to regulate public warehouses and the warehousing and inspection of 
grain, and to give effect to article thirteen (13) of the constitution of the 
State," approved April 25, 1871, in force July 1, 1871, and to establish a 
committee of appeal, and prescribe their duties," approved April 15, 1873, 
in force July 1, 1873 490 

An Act to amend sections 3, 4, 5, 6 and 14 of "An Act to regulate public ware- 
houses, and the warehousing and inspection of grain, and to give effect to 
article thirteen of the constitution of this State," approved April 25, 1871, in 
force July 1, 1871 491 

Revenue : 

An Act to amend section 116 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, and all subsequent amendments thereto 494 

An Act to amend sections 34, 38, 41 and 50 of 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 495 

An Act to amend section thirty (30) of, "An Act for the assessment of prop- 
erty and providing the means therefor, and to repeal a certain Act therein 
named," approved February 25, 1898, in force July 1, 1898, as amended by 
Act approved and in force May 11, 1901 497 

An Act to provide for the necessary revenue for State purposes 498 

An Act to amend section 29 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, as amended by 
Act of May 18, 1905 499 

An Act to amend section 52 of an Act entitled, "An Act for the assessment of 
property and providing the means therefor, and to repeal a certain Act there- 
in named," approved February 25, 1898, in force July 1, 1898 500 

Roads and Bridges : 

An Act making it the duty of counties under township organization and towns 
in counties under township organization to build, construct and maintain ap- 
proaches to bridges located on or near town and county lines 500 

An Act to enable cities and villages to build, acquire and maintain bridges and 
approaches thereto outside their corporate limits, and to control the same, 
and to issue bonds to pay for such bridges and approaches, and to pledge such 
bridge and approaches and the income therefrom for the payment of such 
bonds and the interest thereon 501 

An Act to amend an Act entitled, "An Act to authorize the construction and 
maintenance of gravel, rock, macadam or other hard roads," approved June 
18, 1883, in force July 1, 1883, by inserting a new section to read as follows. 503 

An Act to amend sections forty-nine (49) and fifty-one (51) of an Act entitled. 
"An Act to provide for the organization of road districts, the election and 
duties of officers therein, and in regard to roads and bridges in counties not 
under township organization, and to repeal an Act and parts of Act[s] 
therein named," approved May 4, 1887, in force July 1, 1887, and all Acts 
amendatory thereto, and to provide for a penalty of the commissioners for 
failure to carry out the provisions of this Act 504 



XIV CONTENTS. 



Roads and Bridges— Concluded. Page. 

An Act to amend section seventy-six of, "An Act to provide for the organization 
of road districts, the election and duties of officers therein and in regard to 
roads and bridges in counties not under township organization and to repeal 
an Act and parts of Act[s] therein named," approved May 4, 1887, and in 
force July 1, 1887, as amended by Act approved June 5, 1889, and in force 
July 1, 1889 506 

An Act to amend, "An Act in regard to roads and bridges in counties under 
township organization," approved June 23, 1883, in force July 1, 1883, as 
amended by an Act approved June 30, 1885, as amended by an Act approved 
April 24, 1899, as amended by an Act approved May 11, 1901, as amended by 
an Act approved and in force May 13, 1903, as amended by an Act approved 
May 13, 1905, as amended by an Act approved May 16, 1905, by adding two 
new sections thereto, to be numbered 62a and 62b 507 

An Act to amend section one hundred eighteen (118) of, "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 .508 

An Act to amend sections 30 and 31 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 , 509 

An Act defining motor vehicles and providing for the registration of the same 
and uniform rules regulating the use and speed thereof, and repealing an Act 
entitled, "An Act to regulate the speed of automobiles and other horseless 
conveyances upon the public streets, roads and highways of the State of 
Illinois," approved May 13, 1903, in force July 1, 1903, and to repeal all 
other Acts or parts of Acts inconsistent herewith. . . . : 510 

An Act authorizing the commissioners of highways in any township in counties 
under township organization, and the commissioners of highways or boards of 
county commissioners in counties not under township organization, to main- 
tain earth roads with a drag and to contract for the use of the same and to 
provide penalty for injury to work so done 517 

An Act to repeal section 3 and to amend section 4 of an Act entitled, "An Act 
to protect persons and property from danger from steam engines on public 
highways," approved June 26, 1885, in force July 1, 1885 519 

Schools : 

An Act to amend section 202. article 8 of an Act entitled, "An Act to establish 
and maintain a system of free schools," approved and in force May 21, 1889, 
as amended by an Act approved April 21, 1899, in force July 1, 1899 519 

An Act to amend section 1, and 4 and 5 of an Act entitled, "An Act to pro- 
mote attendance of children in schools and to prevent truancy," approved 
June 11, 1897, as amended bv an Act approved May 13, 1903, in force July 
1, 3903 520 

An Act to amend section 21, article 2, of, "An Act to establish and maintain a 
system of free schools," as approved and in force May 21, 1889 521 

An Act to amend section 12 of an Act entitled, "An Act io establish and main- 
tain the Eastern Illinois State Normal School," approved May 22, 1895, in 
force July 1, 1895 522 

An Act enabling trustees, boards of education, and other corporate authorities 
of universities, colleges, township high schools, and all other educational in- 
stitutions established and supported by this State, or by a township, to exer- 
cise the right of eminent domain. 522 

An Act to provide free high school privileges for graduates of the eighth grade . 523 

An Act to amend section 3 of an Act entitled, "An Act to provide for scholar- 
ships for graduates of the eighth grade," approved May 12, 1905 523 

An Act to amend section 12 of an Act entitled, "An Act to establish and to 
maintain the Northern Illinois State Normal School," approved May 22, 1895, 
in force July 1, 1 895 524 

An Act to enable school districts acting under special charters to hold elections 
for the election of school directors, members of boards of education and mem- 
bers of boards of school inspectors, at the time provided for the election of 
school directors under the general school law of the State 525 

An Act to provide for the election of boards of school inspectors in certain 
cases, to define the powers and to regulate the revenue thereof, to vest the 
title to certain school property and to repeal certain Acts herein named 525 

An Act to amend section 12 of an Act entitled, "An Act to establish and main- 
tain the Southern Illinois Normal University," approved March 9, 1869, in 
force March 9, 1869 527 

An Act to amend section six (6) of an Act entitled, "An Act for the establish- 
ment and maintenance of a Normal University," approved and in force Feb- 
ruary 18. 1857 527 

An Act to provide for the contribution from interest on public school funds to 
the public school teachers' and public school employes', pension and retire- 
ment funds in cities having a population exceeding 100,000 inhabitants 528 



CONTENTS. XV 



Schools— Concluded. Pack. 

An Act to provide for the formation and disbursement of a public school teach- 
ers' pension and retirement fund in cities having a population exceeding 
100,000 inhabitants 523 

An Act to provide for the annexation for township high school purposes, of any 
school township, or part of such township, not having an established town- 
ship high school, to any adjacent school township having an established town- 
ship high school 534 

State Board of Health : 

An Act to amend sections two and seven of an Act entitled, "An Act to create 
and establish a Board 'of Health in the State of Illinois," approved May 28, 
1877, in force July 1, 1877 537 

An Act to prevent the introduction and spread in Illinois of the San Jose scale 
and other dangerous insects and contagious diseases of fruits, and repealing 
a certain Act therein named 538 

State Pood Commissioner: 

An Act to prevent fraud in the sale of dairy products, their imitation or sub- 
stitutes, to prohibit and prevent the manufacture and sale of unhealthful 
adulterated or misbranded food, liquors or dairy products, to provide for the 
appointment of a State Food Commissioner and his assistants, to define their 
powers and duties and to repeal all Acts relating to the production, manu- 
facture and sale of dairy and food products and liquors in conflict herewith. . 543 

State Militia : 

An Act to amend each and every section of article II, and section one (1) and 
section two (2) of article IV of an Act entitled, "An Act to establish a mili- 
tary and naval code for the State of Illinois, and to repeal all Acts in con- 
flict herewith;" approved May 14, 1903, in force July 1, 1903, and to add to 
article XII thereof an additional section to be numbered and known as section 
eleven (11) 559 

An Act to amend section 2, article XI, of an Act entitled. "An Act to establish 
a military and naval code for the State of Illinois, and to repeal all Acts in 
conflict herewith," approved May 14, 1903, in force July 1, 1903 569 

Statutes : 

An Act to create and establish a commission for the promotion of uniformity 
of legislation in the United States, for the appointment of members of said 
commission and to prescribe their duties 570 

Township Organization - 

An Act to amend sections four and five 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, in force July 1, 
1877. and as amended by Act approved June 18, 1883, in force July 1, 1883. . 571 

An Act to enable towns, the boundaries of which are co-extensive with cities, to 
build or purchase a town hall, and a site for the same, to lew a tax and to 
Issue bonds therefor 572 

Joint Resolutions : 

Adjournment, January 10 to January 15 575 

January 24 to January 29 575 

January 31 to February 5 575 

February 21 to February 26 575 

March 28 to April 3 576 

April 12 to April 17 576 

May 11 to May 15 576 

May 16 to October 8 576 

Blue Book 577 

Bridge across Hamburg Bay in Calhoun county 577 

Canvass of election returns 578 

Chicago and North Western railway company 578 

Death of Daniel Buettner 578 

Deep water way — -joint committee meeting 579 

Election of United States senator 579 

Election of United States senators by direct vote of the people 580 

Elgin and Belvidere electric company 580 

Elgin, city of— permission to construct outlet sewers 580 

Employment of women and children • 581 

General Assembly — new furniture for Senate and House 581 

Historical library — loan of articles 582 



XVI CONTENTS. 



Joint Resolutions— Concluded. Page. 

Improvement of streets adjoining West Park system, Chicago 582 

Jacksonville Water Works company — easement 583 

Logan war trophies, souvenirs and mementoes 584 

Major Joseph W. Wham 585 

Northern insane hospital — sale of sand and gravel 585 

Occupational diseases 586 

Rivers and harbors bill in Congress 586 

Soldiers Orphans' Home — conveyance of land '. 587 

Suits on bonds of State treasurers and State auditors 588 

Urbana and Champaign railway, gas and electric company 589 

Water supply for cities and villages 590 

Certificate of Secretary of State 591 

Index to Laws and Resolutions 593 



LAWS OF ILLINOIS. 



ADMINISTRATION OF ESTATES. 



ACCUMULATION OF TRUSTS — PERIOD LIMITED. 

§ 1. Period of accumulation of trusts limited. 

(Hodse Bill No. 251. Approved May 24, 1907.) 

An Act to restrain all trusts and directions in deeds or zirills whereby 
the profits or produce of real or personal estate shall be accumulated, 
and the beneficial enjoyment thereof postponed beyond the time 
therein limited. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That no person or persons shall, 
after this Act goes into effect, by any deed or deeds, will, codicil or 
otherwise howsoever executed after this Act goes into effect, settle 
or dispose of any real or personal property, so and in such manner, 
either expressly or by implication, that the rents, issues, profits or 
produce thereof shall be wholly or partially accumulated ; for any 
longer term than the life or lives of any such grantor or grantors, set- 
tlor or settlors, or for any longer than the term of twenty-one years 
from the death of any such grantor, settlor, devisor or testator ; or for 
any longer than during the minority or respective minorities of any 
person or persons who shall be living, or in ventre sa mere at the time 
of the death of such grantor, devisor or testator, or for any longer 
than during the minority or respective minorities only of any person 
or persons who, under the uses or trusts of the deed, will or other 
assurances directing such accumulations, would, for the time being, if 
of full age, be entitled unto the rents, issues and profits, or the 
interest, dividends or annual produce so directed to be accumulated ; 
and in every case where any accumulation shall be directed otherwise 
than as aforesaid, such direction shall be null and void, and the rents, 
issues, profits and produce of such property so directed to be accu- 
mulated shall, so long as the same shall be directed to be accumu- 
lated contrary to the provisions of this Act, go to and be received 
by such person or persons as would have been entitled thereto if such 
accumulation had not been directed: Provided, that nothing in this 
Act contained shall extend to any provision for payment of debts of 



ADMINISTEATION OF ESTATES. 



any grantor, settlor or devisor, or other person or persons, or to any 
provision for raising portions for any child or children of any person 
taking any interest under such conveyance, settlement or devise, or 
to any direction touching the produce of timber or wood upon any 
lands or tenements ; but that all such provisions and directions shall 
and may be made and given as if this Act had not passed. 
Approved May 24, 1907. 



SALE OF REAL ESTATE— SUMMONS. 

§ 1. Amends section 102, act of 1872. j § 102. Summons returnable to court 

out of which same issued. 

(House Bill No. 112. Approved June 4, 1907.) 

An Act to amend section 102 of an Act entitled, "An Act in regard 
to the administration of estates," approved April 1, 1872, in force 
July 1, 1872, as amended by an Act approved June 15, 1887, in force 
July 1, 1887. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section 102 of an Act entitled, 
"An Act in regard to the administration of estates," approved April 1, 
1872, in force July 1, 1872, as amended by an Act approved June 15, 
1887, in force July 1, 1887, be and the same is hereby amended to 
read as follows : 

§ 102. Upon the filing of the petition of the clerk of the court, 
where the same may be filed, shall issue summons directed to the 
sheriff of the county in which the defendant resides, if the defendant 
is of this State, requiring him to appear and answer the petition on 
the return day of the summons ; and where there are several defend- 
ants, residing in different counties, a separate summons shall be issued 
to each county, including all the defendants residing therein. Every 
summons shall be made returnable to the first term of the county 
court out of which such summons issued, after the date thereof, unless 
the petition is filed within ten days immediately preceding any term, 
in which case the summons shall be returnable to • the next term 
thereafter. 

Approved June 4, 1907. 



ADOPTION OF CHILDREN. 



ADOPTION OF CHILDREN. 



REVISION OF LAW. 



§ 3. What must be found by 
court — decree. 



§ 1. Amends sections 1, 2 and 3, act of 
1874. 

§ 1. Who may adopt — petition. 

§ 2. Form of petition — summons 
— proviso — publication of 
notice to certain defend- 
ants. 

(House Bill No. 485. Approved May 25, 1907.) 

An Act to amend sections I, 2 and 3 of an Act entitled, "An Act to 
revise the law in relation to the adoption of children," approved 
February 27, 1874, in force July 1, 1874. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 1, 2 and 3 of an Act 
entitled, "An Act to revise the law in relation to the adoption of chil- 
dren," approved February 27, 1874, in force July 1, 1874, be amended 
so as to read as follows: 

§ 1. That any reputable person may petition the circuit or county 
court of the county in which he resides, or where the child may be 
found, for leave to adopt a child not his own, and, if desired, for a 
change of the child's name; but the prayer of such petition, by a 
person having a husband or wife, shall not be granted unless such 
husband or wife joins therein, and when they so join, the adoption 
shall be by them jointly. 

§ 2. The petition shall state one or more causes for adoption, . the 
name, if known, the sex and the approximate age of the child sought 
to be adopted, and if it is desired to change the name, the new name, 
and either the name, or that the name is unknown to petitioner (a) of 
the person having the custody of such child ; and (b) of each of the 
parents or of the surviving parent of a legitimate child or of the 
mother of an illegitimate child; or (c) if it allege that both such par- 
ents are or that such mother is dead, then of the guardian, if any, of 
such child; or (d) if it allege that both such parents are, or that 
such mother is dead, and that no guardian of such child is known to 
petitioner, then, of a near relative, or that none such is known to 
petitioner; the petition shall also state the residences of such parties, 
so far as the same are known to such petitioner. All persons so 
named in such petition shall be made defendants by name and shall be 
notified of such proceedings by summons, if residents of this State, in 
the same manner as is now or may hereafter be required in chancer}- 
proceedings by the laws of this State, except only that the summons 
shall be made returnable at any time within twenty days after the 
date thereof. All persons, if any, who or whose names are stated in 
the petition to be unknown to petitioner shall be deemed and taken 
as defendants by the name or designation of "all whom it may con- 
cern:" Provided, however, that in all cases where the persons or any 
of them hereinabove required to be made defendants shall have been 



ADOPTION OF CHILDEEN. 



deprived of the custody of the child sought to be adopted by a court 
of competent jurisdiction, and such court in the order appointing a 
guardian of the person of such child, shall have authorized such guard- 
ian to consent to the adoption of the child without [notice] to or 
assent by such person or persons, such person or persons need not 
be made defendants, and no person other than such guardian need 
be made a defendant to such proceedings, and the consent by such 
guardian shall be sufficient to authorize the court before which the 
adoption proceedings are pending to enter a decree of adoption, as 
hereinafter provided. The petition shall be verified by the affidavit of 
the petitioner. 

Whenever it shall appear from the petition or from an affidavit filed 
in the cause that any named defendant resides or has gone out of the 
State, or on due inquiry cannot be found, or is concealed within this 
State, so that process cannot be served upon him, or that his place of 
residence is unknown, or whenever any person is made defendant 
under the name or designation of "all whom it may concern" the clerk 
shall cause publication to be made at once, in some newspaper of gen- 
eral circulation published in his county, and if there be none published 
in his county, then in a newspaper published in the nearest place to 
his county, in this State, entitled "adoption notice," which shall be 
substantially as follows : A. B, C, D, etc. (here giving the names of 
such named defendants, if any), and to all whom it may concern (if 
there be any defendant under such designation) : 

Take notice that on the day of A. D. 19. . ., a 

petition was filed by in the court 

of county, for the adoption of a child named 

Now, unless you appear within twenty days 

after the date of this notice and show cause against [such] application, 
the petition shall be taken as confessed and a decree of adoption 
entered. E. E. Clerk. 

Dated (the date of publication). 

And he shall also, within ten days after the publication of such no- 
tice, send a copy thereof by mail, addressed to such defendants whose 
place of residence is stated in the petition and who shall not have 
been served with summons. Notice given by publication, as is re- 
quired in this Act, shall be the only publication notice required, either 
in the case of residents, non-residents or otherwise. The certificate 
of the clerk that he has sent such notice in pursuance of this section 
shall be evidence thereof. 

Every defendant who shall be duly summoned shall be held to 
answer on the return day of the summons, or if such summons shall 
be served less than three days prior to the return day, then on the 
following day. Every defendant who shall be notified by publication, 
as herein provided, shall be held to answer within twenty days after the 
date of the publication notice. The answer shall have no greater weight 
as evidence than the petition. In default of answer, at the time or times 
herein specified, or at such further time as by order of court may be 
granted to a defendant, the petition may be taken as confessed. 



ADOPTION OF CHILDREN — AGRICULTURE, ETC. 



§ 3. On default of answer of all the defendants, the court shall 
proceed to hear evidence, and if the court shall find that (1) the 
parents or surviving parent of a legitimate child or the mother of an 
illegitimate child ; or if the child has no parent living, the guardian, 
if any, of the child ; or if there is no parent living and the child has 
no guardian, or the guardian is not known to petitioner, then a near 
relative of the child, if any there be, consents to the adoption; or, 
(2) that one parent consents and the other is unfit, for any of the 
reasons hereinafter specified, to have the child ; or that both parents 
are, or that the surviving parents or the mother of an illegitimate 
child is so unfit for any of such reasons — the grounds of unfitness 
being (a) depravity; (b) open and notorious adultery or fornication; 
(c) habitual drunkenness for the space of one year prior to the filing 
of the petition: (d) extreme and repeated cruelty to the child; (e) 
abandonment of the child; or (f) desertion of the child for more than 
six (6) months next preceding the filing of the petition; or (3) that 
the person or persons whose consent is required has been deprived of 
the custody of such child by a court of competent jurisdiction, and 
such court in the order appointing a guardian over the person of the 
child has authorized such guardian to consent to the adoption of 
such child without notice to or assent by the parents, and that such 
guardian consents to such adoption ; and if the court further finds that 
the facts stated in the petition are true, and that the petitioner is of 
sufficient ability to bring up the child and furnish suitable nurture and 
education, and that it is fit and proper and for the best interest of the 
child that such adoption should be made, a decree shall be made, setting 
forth the facts and ordering that from the date of the decree the child 
shall, to all legal intents and purposes, be the child of the petitioner or 
petitioners, and may decree that the name of the child be changed ac- 
cording to the prayer of the petition. 

Approved May 25, 1907. 



AGRICULTURE AND HORTICULTURE. 



STATE BOARD OF AGRICULTURE. 



§ 1. Amends sections 3, 6 and 8, act of 
1883. 

§ 3. Treasurer — accounts — re- 
ports. 



§ 6. Powers of board — total at- 
tendance and paid admis- 
sions computed by auto- 
matic devices. 

§ 8. Annual reports to Governor. 



(House Bill No. 771. Approved June 3, 1907.) 

An Act to amend sections three (3), six (6) and eight (8) of an Act 
entitled, "An Act to revise the lazv in relation to the department of 
agriculture, agricultural societies and agricultural fairs, and to pro- 
vide for reports of the same," approved June 23, 1883, in force July 
1, 1883, as amended by an Act approved April 24,^ 1899, in force 
July 1, i8pp. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections three (3), six (6) 



AGRICULTURE AND HORTICULTURE. 



and eight (8) of an Act entitled, "An Act to revise the law in relation 
to the department of agriculture, agricultural societies and agricultural 
fairs, and to provide for reports of the same," approved June 23, 1883, 
in force July.i, 1883, as amended by an Act approved April 24, 1899, 
in force July 1, 1899, be and the same are hereby amended to read 
as follows : 

§ 3. They shall also appoint some person not a member of the 
board as treasurer and fix his compensation and prescribe his duties, 
who shall give bond in such sum and with such security as the board 
shall direct, conditioned for the faithful discharge of the duties of his 
office. He shall hold his office during the term for which the mem- 
bers of the board appointing him are elected, unless for good cause 
he shall be sooner removed by the board. He shall receive all moneys 
paid to the board and from whatever source, and shall disburse money 
only on the order of the president, countersigned by the secretary. He 
shall keep an accurate itemized account of all moneys received by him 
and also paid out and make an annual report to the State board, on 
or before the last Thursday of December of each year, and make full 
settlement with the board, which report shall be embodied in full in 
the report of the board to the Governor. The books of such treasurer 
shall be open at all times for examination by the Auditor of Public 
Accounts or any agent thereof. 

§ 6. The State Board of Agriculture shall have the sole control of 
the affairs of the department of agriculture, of all State fairs and fat 
stock shows, and may make such by-laws, rules and regulations in 
relation to the department of agriculture and the management of the 
business of such department, State fairs, fat stock shows and offering 
of premiums as a majority of said board shall from time to time deter- 
mine, not inconsistent with the constitution or laws of this State or of 
the United States : Provided, that the board shall so regulate admis- 
sions to State fairs and fat stock shows that the total attendance and 
paid admissions may be accurately computed by automatic devices. 

§ 8. The State Board of Agriculture shall, after their annual meet- 
ing in January of each year, make and deliver to the Governor an 
itemized and complete report of their acts and doings as required by 
law, and no other annual report shall be made by said board, which 
report shall contain the full report of the treasurer and a detailed state- 
ment of attendance, receipts, premiums, expenses and such other in- 
formation in regard to any State fair or fat stock show held during 
the year as they may deem desirable. Such report shall be published 
for distribution to the public. 

Approved June 3, 1907. 



ANIMALS AND BIRDS. 



ANIMALS AND BIRDS. 



ANIMALS INTENDED FOR HUMAN FOOD. 
§ 1. Examination by State Veterinarian, j § 3. Penalty. 
§ 2. Disposition of carcass. 

(House Bill No. 341. Filed May 27, 1907 j 

An Act to provide for the inspection of any animal intended for 
human food, appearing to be diseased, and for the disposition of the 
carcass. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That for the purpose of preventing 
the use of meat or meat food products for human food which are 
unsound, unhealthful, unwholesome or otherwise unfit for human food, 
the board of live stock commissioners may, at their discretion, make 
or cause to be made, by the State veterinarian or his assistants, or any 
duly authorized live stock inspector in the employ of the State of Illi- 
nois, an examination of any animal intended for human food which 
he or they believe is afflicted with any contagious or infectious dis- 
ease, or any disease or ailment which would render the carcass of 
said animal unfit for human food. 

§ 2. In event any animal shall be inspected by any person herein 
authorized to make said inspection, and in his judgment found to be 
afflicted with any disease or ailment which would render said animal 
unfit for human food, it shall be the duty of the person making said 
examination to forthwith take possession or control of said animal, 
and notify the owner or person or corporation in control or posses- 
sion of such animal that such animal is unfit for human food ; where- 
upon said animal shall immediately be killed and the carcass examined 
by some person or persons authorized to make inspection of such 
animals. If, upon examination of the carcass, it shall appear to the 
examiner that the same is suitable for human food, he shall allow 
the person or corporation from whom said animal was taken to make 
disposition of the carcass, or such examiner shall cause the same to be 
sold ; but if, in the opinion of such inspector, any such carcass is 
unwholesome or unfit for human food, then the same shall be, by 
him stamped, marked, tagged or labeled "inspected and condemned," 
and every such condemned carcass shall be destroyed for the purposes 
of human food and such examiner shall cause the offal thereof to be 
sold: Provided, that if such carcass shall be disposed of for food pur- 
poses by such inspector and the offal sold, the proceeds thereof shall 
be accounted for as the board of live stock commissioners may provide. 

§ 3. Any person, firm or corporation who shall, in any manner, 
fail, neglect or refuse to comply with any provision in this Act con- 
tained, shall be deemed guilty of a misdemeanor, and upon conviction 



ANIMALS AND BIRDS. 



thereof be punished by a fine of not less than one hundred dollars 
(Sioo.oo)nor more than five hundred dollars ($500.00), or confined 
in the county jail not exceeding one year, or both. 
Filed May 27, 1907. 

This bill having remained with the Governor ten days, Sundays excepted, the General 
Assembly being in session, it has thereby become a law. 
Witness my hand this 27th day of May A. D. 1907. 

James A. Rose, 
Secretary of State. 



BOUNTY FOR KILLING CROWS. 
§ 1. Amount of bounty. § 3. Payment of bounty. 

§ 2. Proof of killing — certificate. 

(House Bill No. 115. Filed June 5, 1907.) 

An Act to provide for the payment of bounties for killing crows. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That every person who shall kill 
any crow or take any eggs from the nest of any crow, in any county 
not under township organization, or in counties under township organi- 
zation, in any township, village or city in the State of Illinois, shall be 
entitled to receive a bounty of io cents for each crow killed and 5 cents 
for each egg taken, to be allowed and paid in the manner hereinafter 
provided. 

§ 2. Every person applying for such bounty shall take such crow, 
or the heads of such crows, or eggs, in lots of not less than ten, to the 
county clerk in counties not under township organization, or in coun- 
ties under township organization, to the clerk of the township, village 
or city within which such crows shall have been killed or eggs taken, 
and make proof of the killing of said crows or the taking of said eggs 
to said clerk, by the affidavit of the person killing or taking the same, 
under oath or affirmation administered by said clerk and signed by 
the affiant, and stating in said affidavit that said crows were killed or 
eggs taken within the limits of the county, in counties not under town- 
ship organization, or in counties under township organization, within 
the limits of the township, village or city in which said bounty is 
applied for. Whereupon the said clerk, if satisfied of the correctness 
of such claim, shall issue a certificate to the person claiming such 
bounty, stating the amount of bounty to which such applicant is 
entitled, and deliver the same to said applicant, and said clerk shall 
destroy the heads of such crows or the eggs so delivered. 

§ 3. Such certificate may be presented by the claimants or theip 
agent to the county clerk of the county in which such crows were 
killed or eggs taken, who shall thereupon draw a warrant for the 
amount of the said bounty on the treasurer of said county, and said 
treasurer shall, upon presentation of said warrant, pay the same from 
the general or contingent fund of said county. 

Filed June 5, 1907. 

This bill having remained with the Governor ten days, Sundays excepted, the General 
Assembly being in session, it has thereby become a law. 
Witness my hand this 5th day of June A. D. 1907. 

James A. Rose. 
Secretary of State. 



ANIMALS AND BIRDS. 



BOUNTY FOR KILLING GROUND HOGS. 

§ 1. Amount of bounty. I § 3. Payment of bounty. 

§ 2. Proof of killing — certificate. 

(House Bill No. 784. Approved Jone 4, 1907.) 

An Act to provide for the payment of bounties for killing ground hogs. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That every person who shall kill any 
ground hog in any county in the State of Illinois shall be entitled to 
receive a bounty of twenty-five cents for each ground hog killed, to be 
allowed and paid in the manner hereinafter provided. 

§ 2. Every person applying for such bounty shall take such ground 
hog or the head or scalp of such ground hogs in lots of not less than 
four to the county clerk in counties not under township organization, 
or in counties under township organization to the township clerk of 
the township within which such ground hogs shall have been killed and 
make proof of the killing of said ground hogs to said clerk by the 
affidavit of the person killing the same under oath or affirmation ad- ' 
ministered by said clerk and signed by the affiant and stating in said 
affidavit that said ground hogs were killed within the limits of the 
county in counties not under township organization or in counties 
under township organization within the limits of the township in which 
said bounty is applied for. Whereupon the said clerk if satisfied of the 
•correctness of such claim shall issue a certificate to the person claiming 
such bounty, stating the amount of bounty to which such applicant is 
■entitled, and deliver the same to said applicant, and said clerk shall de- 
stroy the heads or scalp of such ground hogs. 

§ 3. Such certificate may be presented by the claimant or their 
agent to the county clerk of the county in which such ground hogs were 
killed, who shall thereupon draw a warrant for the amount of said 
bounty on the treasurer of said county and said treasurer shall upon 
presentation of said warrant pay the same from the general or contin- 
gent fund of said county. 

Approved June 4, 1907. 

FUR-BEARING ANIMALS. 

I 1. When unlawful to kill or trap. | § 2. Penalty. 

(House Bill No. 459. Approved June 4, 1907.) 

An Act to regulate and fix the time of killing fur-bearing animals. 

Section i. Be it enacted by the People of the State of Illinois rep- 
resented in the General Assembly: That it shall be unlawful to trap 
or kill for profit or gain any fur-bearing animal from the first of Mav 
to the first of November of each and every year. 

§ 2. Any person who shall violate the provision of this Act shall 
be subject to prosecution before any court of competent jurisdiction 
upon complaint, information or indictment, and shall upon conviction 
be fined for each offense not less than three dollars ($3.00) and not 
more than twenty-five dollars ($25.00) for each and every offense. 

Approved June 4, 1907. 



10 APPROPRIATIONS. 



APPROPRIATIONS. 



AGRICULTURE — COUNTY FAIRS AND SOCIETIES. 

§ 1. Amends section seven, act of 1883. § 2. How drawn. 

§ 7. Appropriations paid to State 
Board — county fairs and 
societies to receive 40 per 
cent of annual premiums 
paid — appropriates $60,- 
000 per ^nuiiin. 

(Senate Bill No. 365. Approved April 26, 1907.) 

An Act to amend section seven of an Act entitled "An Act to revise the 
law in relation to the department of agriculture, agricultural societies 
and agricultural fairs, and to provide for reports of the same," ap- 
proved June 23, 1883, in force July i, 1883, and making an appropria- 
tion therefor. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section seven of an Act entitled 
"An Act to revise the law in relation to the department of agriculture, 
agricultural societies and agricultural fairs and to provide for reports 
of the same," approved June 23, 1883, and in force July 1, 1883, be and 
the same is hereby amended so as to read as follows : 

§ 7. Whatever money shall be appropriated to the department of 
agriculture shall be paid to the State Board of Agriculture and may be 
expended by them as in the opinion of said board will best advance the 
interests of agriculture, horticulture, manufactures and domestic arts 
in this State. 

All appropriations which shall be made for the benefit of county fairs 
or other agricultural societies shall be divided between such county 
fairs or agricultural societies as shall have given satisfactory evidence 
to said State board of having held an annual fair and made their annual 
report on or before the fifteenth day of November of each year to the 
State Board of Agriculture. 

Said appropriations shall be divided between such county fairs or 
agricultural societies which shall have complied with the conditions 
herein prescribed, as follows : To each of said county fairs or agricult- 
ural societies forty per cent of the total amount of premiums paid at its 
annual fair for the current year for exhibits of horticulture, agriculture, 
poultry, live stock, and domestic and mechanical arts. On or before the 
fifteenth of November of each year the president and secretary of 
each county fair or agricultural society claiming the benefit of any such 
appropriation shall file with the secretary of the State Board of Agri- 
culture a sworn statement of the actual amount of cash premiums and 
purses paid at the fair of the current season, which must correspond 
with the published offer of premiums and purses and a further sworn 
statement that at such fair all gambling and gambling devices of what- 
soever kind, and the sale of intoxicating liquors have been prohibited 
and excluded from grounds of such county fair or agricultural society 
and all adjacent grounds under their authority of control. Such state- 
ment shall be accompanied by an itemized list of all premiums and 



APPROPRIATIONS. 



11 



purses paid upon such forty per cent payment as claimed and a copy of 
the published premium list and speed list of such fair and a full state- 
ment of receipts and expenditures for the current year duly verified by 
the secretary of such fair or agricultural society. Such money shall be 
paid to the treasurer of the county fair or agricultural society upon his 
receipt countersigned by the secretary : Provided, that the amounts to be 
paid to any such county fair or agricultural society during any one year 
shall not exceed the sum of seventeen hundred dollars ($1,700.00) each. 
The sum of sixty thousand dollars per annum or so much thereof as 
may be annually necessary, be and the same is hereby appropriated out 
of any moneys in the treasury not otherwise appropriated for the pur- 
pose of carrying out the provisions of this Act in accordance with the 
terms thereof. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the moneys 
herein above appropriated in favor of the several county fairs or agri- 
cultural societies of this State who shall have complied with the provi- 
sions of this Act, and the certificate of the State Board of Agriculture 
signed by its president and attested by its secretary shall be required by 
the Auditor of Public Accounts as proof of such compliance. 

Approved April 26, 1907. 



AORICFT/TURE — EXPERIMENT STATION. 
§ 1. Appropriates -150,000 per annum. § 6. Appropriates $15,000 per annum. 



Appropriates $25,000 per annum. 



Appr priates $7,500 per annum. 



§ 3. Appropriates $15,000 Der annum. ; § 7. Committees — meetings — reports. 

§ 4. Appropriates $25,000 per annum. i § 8. How diawn. 
§ 5. Appropriates $15,000 per annum. 

(Senatk Bill No. 214. Approved June 4, 1907.) 

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

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented 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 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 man- 
agement of live stock, including animal diseases and a thorough knowl- 
edge of the various breeds and market classes ; the economic and sani- 
tary production of dairy goods, and the best methods of meeting exist- 
ing 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, together with 



12 APPKOPKIATIONS. 



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 ($50,000.00) 
annually for the years 1907 and 1908 : 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 Illinois State 
Florists' Association, the Illinois State Horticultural Society, the Illi- 
nois Corn Growers' Association and the Illinois Dairymen's Associa- 
tion. 

§ 2. That it shallbe the duty of the Agricultural Experiment Sta- 
tion 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 determine the 
most successful combination of stock foods, particularly in Illinois 
grains and forage crops, and to discover the most economical and suc- 
cessful methods of maintaining animals and fitting them for the 
market; 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 twenty- 
five thousand dollars ($25,000.00) annually for the years 1907 and 
1908 : 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 Live Stock Breeders' Association. 

§ 3. That it shall be the duty of the Agricultural Experiment Sta- 
tion to conduct experiments in the several sections of the State, in 
order to discover the best methods of producing corn, wheat, oats and 
clover 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 ; and that, to carry out the provisions of this section, 
there be, and hereby is, appropriated the sum of fifteen thousand dol- 
lars ($15,000.00) annually for the years 1907 and 1908: 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 Sta- 
tion to make chemical and physical examination of the various soils 
of the State, in order to identify the several types and deterrpine 
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 reduc- 



APPROPRIATIONS. 13 



tion 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 
($25,000.00) annually for the years 1907 and 1908: 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 Sta- 
tion to discover and demonstrate the best methods of orchard treatment 
in the fruit sections of the State, the culture of small fruits and vege- 
tables, and the most effective remedies for insect and fungous enemies 
to fruits and vegetables ; and that, to carry out the provisions of this 
section there be, and hereby is, appropriated the sum of fifteen thou- 
sand dollars ($15,000.00) annually for the years 1907 and 1908: Pro- 
vided, that the work undertaken and outlined in this section shall be 
carried out on lines to be agreed upon by the director of the Agricult- 
ural Experiment Station and an advisory committee of five, to be ap- 
pointed by the Illinois State Horticultural Society. 

§ 6. That it shall be the duty of the Agricultural Experiment Sta- 
tion to investigate the dairy conditions of the State ; to discover and 
demonstrate improved methods of producing and marketing wholesale 
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 provisions of this section, 
there be, and hereby is, appropriated the sum of fifteen thousand dol- 
lars ($15,000) annually for the years 1907 and 1908: 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 Dairymen's Association. 

§ 6y 2 . That it shall be the duty of the Agricultural Experiment 
Station to discover and demonstrate the best methods of producing 
plants, cut flowers and vegetables under glass, and the most effective 
remedies for disease and insect enemies of the same, to investigate and 
demonstrate the best varieties and methods of producing ornamental 
trees, shrubs and plants suitable for public and private grounds in the 
various soils and climatic conditions of the State, and to disseminate 
information concerning the same ; and that to carry out the provisions 
of this section, there be and hereby is, appropriated the sum of seven 
thousand and five hundred dollars ($7,500) annually for the years 1907 
and 1908 : Provided, that the work undertaken and outlined in this sec- 
tion shall be carried out in [on] lines to be agreed upon by the directors 
of the Agricultural Experiment Station and an advisory committee of 
five to be appointed by the Illinois State Florists' Association. 

§ 7. That the committees representing the several associations 
herein named shall meet at such times and places as may be designated 



14 APPROPRIATIONS. 



by the dean of said college or the director of the Agricultural Experi- 
ment Station, or upon the request of a majority of the committee; that 
they shall serve without compensation except for expenses, to be paid 
out of the respective funds, and that said committee 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 Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for the sums 
herein appropriated, 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 sub- 
sequent to the first shall be paid by the Treasurer, nor warrant drawn 
therefor, until detailed accounts,, showing expenditures of the preced- 
ing installment have been filed with the Auditor of Public Accounts : 
Provided, that no part of the funds herein appropriated, except in sec- 
tion i, 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 extension of the work outlined. Nothing herein contained 
shall be deemed to take away from the board of trustees of the Univer- 
sity of Illinois the usual authority conferred by law over the expendi- 
ture of moneys appropriated to said university. The recommendations 
of the committee herein provided for shall be advisory, but the use of 
the moneys herein appropriated shall rest in the discretion of said board 
for the purpose herein set forth, and said board shall account therefor. 

Approved June 4, 1907. 



AGRICULTURE— FARMERS" INSTITUTES. 

§ I. Appropriates S3, 500 per annum for I § 5. Officers of county institutes to serve 
salaries and expenses. 



§ 2. For expenses of directors, meetings, 
etc., $5,000 per annum. 

§ 3. For county farmers' institutes $75 
each per annum. 



without pay. 
§ 6. How drawn. 
§ 7. Annual report to Governor. 
§ 8. How drawn. 



§ 4. Reappropriates $852.46 for books. 

(House Bill No. 859. Appkoted Jcxe 4, 1907.) 

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

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be, and is hereby appro- 
priated to the Illinois Farmers' Institute the following sums, to-wit: 
For clerk hire, expressage, postage, office expenses, furniture, etc., the 
sum of two thousand five hundred dollars ($2,500) per annum; for 
typewriter and stenographer one thousand dollars ($1,000) per annum, 
for the fiscal years beginning July 1, 1907 and 1908. The Secretary of 
State shall provide all needful books, papers, stationery and printing re- 
quired, on requisition by the Secretary of the Illinois Farmers' Institute. 



APPKOPKIATIONS. 15 



§ 2. For the actual expenses of the members of the board of direc- 
tors and officers of the Illinois Farmers' Institute in the performance of 
their duties as said members and officers, for the expenses of the State 
Institute meeting and for the incidental expenses in promoting the de- 
velopment of the farmers' institute work throughout the State, the sum 
of five thousand dollars ($5,000) per annum for the fiscal years be- 
ginning July 1, 1907 and 1908. 

§ -3. For the use of each county farmers' institute for the purpose of 
holding one or more county farmers' institute meetings in each county 
in the State, the sum of seventy-five dollars ($75) per annum for the 
fiscal years beginning July 1, 1907 and 1908, said sum 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, in accordance with such 
rules as may be prescribed by the board of directors of the Illinois 
Farmers' Institute, at some easily accessible location, which shall in- 
clude an itemized statement of the expense of said meeting, with re- 
ceipted vouchers therefor, a copy of its printed program and a report 
of the proceedings showing the title and author of the papers read and 
by whom discussed, place or places of meeting with average daily at- 
tendance, and such other information as may be called for by the Illi- 
nois Farmers' Institute and necessary to successfully assist this work. 

§ 4. For the purchase of books for, and the maintenance and man- 
agement of the Illinois Farmer's Institute Circulating Libraries, the un- 
expended balance of the former appropriation, eight hundred fifty-two 
dollars and forty-six cents ($852.46) is hereby reappropriated for the 
fiscal years beginning July 1, 1907 and 1908. 

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

§ 6. That on the order of the President, approved by the director of 
the congressional district, the secretary of the State Farmers' Institute 
shall draw his warrant on the treasurer of the State Farmers' Institute 
in favor of the treasurer of the county farmers' institute for the sum 
herein appropriated : Provided, 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 reports of pro- 
ceedings of the county farmers' institute, for which warrant is drawn, 
shall show that some of the following topics have been presented and 
discussed, viz : Grain farming, stock feeding and breeding, dairy hus- 
bandry, orchard and small fruit culture, farmers' garden, domestic sci- 
ence and any subjects pertaining to farm life: Provided, further, that if 
the necessary expenses 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. 

§ 7. It shall be the duty of the treasurer of the Illinois Farmers' In- 
stitute to pay over to the treasurer of each county farmers' institute the 



16 APPROPRIATIONS. 



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 Gov- 
ernor, as provided by law. 

§ 8. The State Auditor is hereby authorized to draw his warrant 
for the sums herein specified and deliver the same to the treasurer of 
the Illinois Farmers' Institute upon his presenting voucher for same, 
signed by the president and secretary of said Illinois Farmers' Institute, 
and the State Treasurer shall pay the same out of any money in the 
State Treasury not otherwise appropriated. 

Approved June 4, 1907. 



AGRICULTURE— STATE AND COUNTY FATRS. 

§ 1. Appropriates $5,000 oer annum for I § 2. Flow drawn, 
exhibit at State Fair, $200 per ! 

annum for each county fair — § 3. Biennial report to Governor. 
$13,020 per annum for salaries, 
traveling and office expenses, etc. 

(House Bill No. 390. Approved June 4, 1907.) 

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

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby ap- 
propriated to the State Board of Agriculture the following sums to- 
wit: For the encouragement of an exhibit at the State Fair, the sum 
of five thousand dollars ($5,000) per annum for the years 1907 and 
1908, and for the use of each county or other agricultural society, the 
sum of two hundred dollars ($200) to be paid to the treasurer of the 
society, for fairs held in 1906. 

For the salary of the secretary, the sum of three thousand dollars 
($3,000) per annum for the years 1907 and 1908. 

For traveling expenses o'f the members and officers of the board, the 
sum of three thousand dollars ($3,000) per annum for the years 1907 
and 1908. 

For clerk hire the sum of thirty-six hundred dollars ($3,600) per 
annum for the years 1907 and 1908. 

For receiving and shipping clerk the sum of one thousand dollars 
($1,000) per annum for the years 1907 and 1908. 

For janitor, the sum of four hundred and twenty dollars ( $420) per 
annum for the years 1907 and 1908. 

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 1907 and 1908. 

For the agricultural library the sum of two hundred dollars ($200) 
per annum for the years 1907 and 1908. 

For office expenses, furniture, repairs, postage, expressage, etc., the 
sum of twelve hundred dollars ($1,200) per annum for the years 1907 
and 1908. 

§ 2. That on the order of the president, countersigned by the secre- 
tary of the State Board of Agriculture, and approved by the Governor, 



APPROPRIATIONS. 17 



the Auditor of Public Accounts shall draw his warrant upon the Treas- 
urer in favor of the treasurer of the Illinois State Board of Agricul- 
ture 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 agricultural society unless the order aforesaid 
be accompanied by a certificate of the State Board of Agriculture show- 
ing that such agricultural society held an agricultural fair during the 
preceding year in compliance with the rules and regulations as pro- 
vided 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 de- 
vice 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 secre- 
tary of the State Board of Agriculture, to pay over to the treasurer of 
each agricultural society the sum received for its use and benefit afore- 
said, and make biennial report to the Governor of all such appropria- 
tions received and disbursed by him. 

Approved June 4, 1907. 

ATTORNEY GENERAL— SUITS AGAINST ILLINOIS CENTRAL RAILROAD 

COMPANY. 

§ 1. Appropriates $50,000. § 3. Emergency. 

§ 2. How drawn. 

(Sexate Bill No. 24. Appkoved March 19, 1907.) 

An Act making an appropriation to the Attorney General to be used 
in the employment of special counsel and assistance in the trial of the 
case of the State of Illinois against the Illinois Central Railroad Com- 
pany. 

Section l. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of fifty thousand dol- 
lars, or so much thereof as may be necessary, be, and is hereby appro- 
priated to the Attorney General, to be used by him in the employment 
of special counsel and assistance in the case of the State of Illinois 
against the Illinois Central Railroad Company, now pending in the 
Supreme Court of the State of Illinois, or such other case or cases as 
may be started by or on behalf of the State of Illinois against the Illi- 
nois Central Railroad Company in said Supreme Court or in any other 
court or courts having jurisdiction of the subject matter for an account- 
ing or otherwise. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the moneys 
hereinabove appropriated upon the bills of particulars approved by the 
Attorney General. 

—2 L 



18 APPROPRIATIONS. 



§ 3. Whereas, The moneys above appropriated are necessary for 
immediate use, therefore an emergency exists and this Act shall be in 
force from and after its passage. 

Approved March 19, 1907. 



AWARDS BY COURT OF CLAIMS. 

§ 1. Benjamin Buckner, $-9.60. S 2. TIow rirnwm 

Sarah Mandel, $200.00. 
George P. Adams and Ebenezer | '= 

Tillotson, $200.00. 
Charles W. Dunham, $200.00. 
Samuel B. Brierly, $400.00. 
J. B. Hayden and Marv P. McCor- 

mick. $400.00. 
John Wildhagen, $34.00. ' 

Charles A. Peterson, $2,500.00. 
Berto G. Holmes, $1,500.00. 
Eugene B. Phillips, $400.00. 

(Senate Bill No. 291. Approved May 27, 1907.) 

An Act making an appropriation for the payment of amounts awarded 
by the Court of Claims to certain persons named therein. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be, and is hereby, appro- 
priated to Benjamin Buckner, the sum of twenty-nine and 60-100 dol- 
lars ($29.60) for services as a member of Company I, Eighth Infantry, 
Illinois National Guard, at Camp Tanner prior to his muster into the 
service of the United States Government in the Spanish war, awarded 
by the Court of Claims November 19, 1905 ; to Sarah Mandel, the sum 
of two hundred dollars ($200.00), for amount paid to the Secretary 
of State for a license to operate a private employment agency under the 
act of the General Assembly pertaining thereto, approved April 11. 
1899, which act was declared unconstitutional by the Supreme Court of 
the State of Illinois, awarded by the Court of Claims September 28, 
1906; to George F. Adams and Ebenezer Tillotson, partners doing busi- 
ness under the firm name of Adams & Tillotson, the sum of two hun- 
dred dollars ($200.00) for amount paid to the Secretary of State for a 
license to operate a private employment agency under the act of the 
General Assembly pertaining thereto, approved April 11, 1899, which 
act was declared unconstitutional by the Supreme Court of the State of 
Illinois, awarded by the Court of Claims September 28, 1906; to Charles 
W. Dunham, the sum of two hundred dollars ($200.00) for amount 
paid to the Secretary of State for a license to operate a private employ- 
ment agency under the act of the General Assembly pertaining thereto, 
approved April 11, 1899, which act was declared unconstitutional by 
the Supreme Court of the State of Illinois, awarded by the Court of 
Claims December 15, 1906; to Samuel B. Brierly, the sum of four hun- 
dred dollars $(400.00), for amount paid to the Secretary of State for a 
license to operate a private employment agency under the act of the 
General Assembly pertaining thereto, approved April 1.1, 1899, which 
act was declared unconstitutional by the Supreme Court of the State of 
Illinois, awarded by the Court of Claims December 15, 1906; to J. B. 
Hayden and Mary F. McCormick as co-partners under the firm name 



APPROPRIATIONS. 19 



of J. B. Hayden & Company, the sum of four hundred dollars 
($400.00), for amount paid to the Secretary of State for a license to 
operate a private employment agency under the act of the General 
Assembly pertaining thereto, approved April II, 1899, which act was 
declared unconstitutional by the Supreme Court of the State of Illinois, 
awarded by the Court of Claims December 15, 1906; to John Wild- 
hagen, the sum of thirty-four dollars ($34.00) , for services rendered as 
a member of Company B, First Infantry, Illinois National Guard, at 
Camp Tanner prior to his muster into the service of the United States 
Government in the Spanish war, awarded by the Court of Claims De- 
cember 29, 1906 ; to Charles A. Peterson, administrator of the estate of 
Andrew T. Peterson, deceased, the sum of twenty-five hundred dollars 
($2,500.00) damages for the death of Andre*w T. Peterson, caused by 
a defective bridge owned by the State, over a feeder of the Illinois and 
Michigan Canal, awarded by the Court of Claims April 19, 1905 ; to 
Berto G. Holmes, the sum of fifteen hundred dollars ($1,500.00) dam- 
ages for personal injuries by himself sustained, and to his property by 
reason of the collapse of a bridge over a certain feeder of the Illinois 
and Michigan Canal, awarded by the Court of Claims April 19, 1905 ; 
to Eugene B. Phillips, the sum of four hundred dollars ($400.00) dam- 
ages to premises, caused by the overflow of waters of the Illinois and 
Michigan Canal, awarded by the Court of Claims April 19, 1905. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer in favor of said 
persons, respectively, for the amounts herein appropriated, pavable out 
of any money in the treasury not otherwise appropriated. 

Approved May 27, 1907. 



BEE-KEEPERS' ASSOCIATION. 

Preamble. | § 2 How drawn. 

I 1. Appropriates SI 000 per annum. § 3. Payment of vouchers — annual re- 

port 

(House Bill No. 99. Approved June 4, 1907.1 

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

Whereas, The members of the Illinois State Bee-Keepers' Associa- 
tion have for years given much time and labor without compensation 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 the industry in Illinois. 

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



20 APPROPRIATIONS. 



appropriated for the use of the Illinois State Bee-Keepers' Association 
the sum of one thousand dollars ($1,000) per annum for the years 
1907 and 1908. For the purpose of advancing the growth and develop- 
ing the interests of the bee-keepers of Illinois, said sum to be ex- 
pended under the direction of the Illinois State Bee-Keepers' Associa- 
tion 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 offi- 
cers of the Illinois State Bee-Keepers' Association shall be entitled to 
receive any money compensation whatever, for any services rendered 
for the same out of this fund. 

§ 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 warrant 
on the Treasurer of the State of Illinois in favor of the treasurer 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 or- 
ganization on the order of the president, countersigned by the secretary, 
and make annual report to the Governor of all such expenditures, as 
provided by law. 

Approved June 4, 1907. 



CANAL COMMISSIONERS — ILLINOIS RIVER. 

§ 1. Appropriates $78,200 for repairs to § 2. How drawn, 
locks and dams at Henry and 
Copperas Creek. 

(Senate Bill No. 359. Approved June 1, 1907.) 

An Act making an appropriation for repairs to the locks, dykes and 
dams in the Illinois river, at Henry and Copperas Creek, and for the 
maintenance of navigation in and along such portions of the Illinois 
river as are under the jurisdiction of the canal commissioners. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That for the purpose of making 
repairs to the locks, dykes and dams in the Illinois river, at Henry and 
Copperas Creek, and for the maintenance of navigation in and along 
such portions of the Illinois river as are under the jurisdiction of the 
canal commissioners, there is hereby appropriated the sum of seventy- 
eight thousand two hundred dollars ($78,200), the same to be paid to 
the treasurer of the canal commissioners upon his written requisition 
therefor. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the State Treasurer for the sum 
herein appropriated upon the written request of the treasurer of the 
canal commissioners, approved by the Governor. 

Approved June i, 1907. 



APPROPRIATIONS. 21 



CHARITABLE INSTITUTIONS— ORDINARY EXPENSES. 

§ 1. Appropriates $2,311,250.00 for the S r. How drawn, 
year beginning July 1, 1907. 

§ 2. Appropriates $2,-188,750.00 for year 
beginning July 1, 1908. 

(Senate Bill No. 107. Approved May 20, 1907.) 

An Act making an appropriation for the ordinary and other expenses 
of the State charitable institutions herein named. 

Section i. 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 I, 1907, 
the sum of $2,311,250.00, payable quarterly in advance, and the said 
apropriations shall be apportioned among the institutions as follows : 

To THE 

Northern Hospital for the Insane, Elgin $185,000.00 

Eastern Hospital for the Insane, Kankakee 379>75o.co 

Central Hospital for the Insane, Jacksonville .... 205,000.00 

Southern Hospital for the Insane, Anna 175,000.00 

Western Hospital for the Insane, Watertown 175.000.00 

Asylum for the Incurable Insane, South Bartonville 270,000.00 

Asylum for Tnsane Criminals, Menard 40,000.00 

Illinois School for the Deaf, Jacksonville 125,000.00 

Institution for the Education of the Blind, Jacksonville. . . 47,000.00 

Asylum for Feeble-Minded Children, Lincoln 200.000.00 

Soldiers' and 'Sailors' Home, Quincy 205,000.00 

Soldiers' Orphans' Home, Normal 67,500.00 

Soldiers' Widows' Home, Wilmington 20,000.00 

111. Charitable Eye and Ear Infirmary, Chicago 44,000.00 

Training School for Girls, Geneva 65,000.00 

St. Charles Home for Boys, St. Charles 80,000.00 

111. Industrial Home for the Blind, Chicago 28,000.00 

Total $2,311,250.00 

§2. For the purpose of defraying the ordinary expenses of the 
State institutions named in this Act for the year beginning July 1, 
1908, the sum of $2,488,750.00 is appropriated, payable quarterly in 
advance, and the said appropriation shall be apportioned among the in- 
stitutions as follows, until the expiration of the first fiscal quarter after 
the adjournment of the next General Assembly: 

To THE 

Northern Hospital for the Insane, Elgin $185,000.00 

Eastern Hospital for the Insane, Kankakee 379,750.00 

Central Hospital for the Insane, Jacksonville 205,000.00 

Southern Hospital for the Insane, Anna 175,000.00 

Western Hospital for the Insane, Watertown 175,000.00 

Asylum for the Incurable Insane, S. Bartonville 405,000.00 

Asylum for Insane Criminals, Menard 40.000.00 



22 APPROPRIATIONS. 



Illinois School for the Deaf, Jacksonville $125,000.00 

Institution for the Education for the Blind, Jacksonville. . . 47,000.00 

Asylum for Feeble-Minded, Lincoln 200,000.00 

Soldiers' and Sailors' Home, Quincy 210,000.00 

Soldiers' Orphans' Home, Normal 67,500.00 

Soldiers' Widows, Home, Wilmington 22,500.00 

111. Charitable Eye and Ear Infirmary, Chicago 44,000.00 

State Training School for Girls, Geneva 80,000.00 

St. Charles Home for Boys, St. Charles 100,000.00 

Illinois Industrial Home for the Blind, Chicago 28,000.00 

Total $2,488,750.00 

§ 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 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 20, 1907. 



CHARITABLE INSTITUTIONS— SOLDIERS' AND SAILORS' HOME. 

§ 1. Trustees authorized to sell and con- I § 3. Appropriates $5,00n — how drawn. 
vey certain described real estate. 

$ 2. Purchase of certain deserib?d real 
estate. I 

(House Bill No. 540. Approved May 25, 1907.) 

An Act to authorise the trustees of the Soldiers' and Sailors' Home 
at Quincy to sell certain real estate and to purchase certain other real 
estate and making an appropriation for such purchase. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the trustees of the Soldiers' 
and Sailors' Home at Quincy be, and they are hereby, authorized to 
sell and convey the following described real estate belonging to said 
institution, to-wit : A part of the southeast quarter of section twenty- 
six (26) in township one (1) south, range nine (9) west of the fourth 
principal meridian in Adams County, State of Illinois, bounded and de- 
scribed as follows, to-wit: Commencing three hundred (300) feet east 
and thirty-three (33) feet north of the southwest corner of said south- 
east quarter of section twenty-six (26), thence running east two hun- 
dred forty-six (246) feet and six (6) inches, thence north one hundred 
ninety-eight (198) feet, thence west two hundred forty-six (246) feet 
and six (6) inches, and thence south one hundred ninety-eight (198) 
feet to place of beginning. Also a tract in said southeast quarter of 
said section twenty-six (26) bounded and described as follows : Com- 
mencing at a point six hundred eighty-six and one-half (686^) feet 
east and thirty-three (33) feet north of the southwest corner of said 
southeast quarter of said section twenty-six (26), thence running east 



APPROPRIATIONS. 2i$ 



sixty-six (66) feet, thence north one hundred ninety-eight (198) feet, 
thence west sixty-six (66) feet and thence south one hundred ninety- 
eight (198) feet to the place of beginning. 

§ 2. That said trustees are hereby authorized to purchase and take 
a good and sufficient conveyance thereof to the State for the purposes 
of said Home in fee simple the following described premises and real 
estate, to- wit: The south half { l / 2 ) of lots one (1), two (2) and three 
(3) in Wilpers subdivision of ten and sixteen hundredths (10.16) acres 
off of the north end of the east half ( l / 2 ) of the southeast quarter of the 
southwest quarter of section twenty-six (26) and five and eight hun- 
dredths (5.08) acres off of the north end of the east half (j/ 2 ) of the 
west half ( l / 2 ) of the southeast quarter of the southwest quarter of said 
section twenty-six (26), in township one (1) south, range nine (9) 
west of the fourth principal meridian in the county of Adams and State 
of Illinois, according to a plat of said subdivision recorded in Book One 
(1) of Plats, at page eighty-three (83) in the recorder's office of said 
Adams county: Provided, that said trustees shall be able to purchase 
said premises and real estate at a price which shall be deemed by them 
fair and reasonable. 

§ 3. The sum of five thousand dollars ($5,000.00) is hereby appro- 
priated for the purchase of and payment for said premises and real 
estate last aforesaid and the Auditor of Public Accounts is hereby 
authorized and directed to draw his warrant on the Treasurer for the 
amount hereby appropriated, or so much thereof as may be necessary 
to purchase and pay for said premises and real estate upon the order of 
the chairman of the board of trustees of said Soldiers' and Sailors' 
Home. 

Approved May 25, 1907. 



DAIRYMEN'S ASSOCIATION. 
§ 1. Appropriates $2,500 per annum. I § 2. How drawn. 

(House Bill No. 442. Approved June 4, 1907.) 

An Act making an appropriation for the Illinois Dairymen's Associa- 
tion. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of two thousand five 
hundred dollars per annum for the years 1907 and 1908 be, and the 
same is hereby appropriated to the said Illinois Dairymen's Association 
in compiling, publishing and distributing its reports, 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 appro- 
priated. 

Approved June 4, 1907. 



24 APPROPRIATIONS. 



DEPARTMENT OF JUSTICE. 

§ 1. Ap.jropiiates !) 200,000 as balance of § 2. How drawn, 
amount authorized. 

| § 3. Emergency. 

(Senate Bill No. 325. Approved April 26, 1907.) 

An Act making an appropriation for the construction of the building 
for the use of the Department of Justice. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there is hereby appropriated 
the sum of two hundred thousand dollars for the construction of the 
building now in the course of erection for the use of the Department of 
Justice of the State of Illinois, being the balance not heretofore appro- 
priated of the amount authorized to be expended in securing a site and 
constructing said building. 

§ 2. The Auditor of Public Accounts is hereby directed and em- 
powered to pay out upon vouchers signed by a majority of the commis- 
sion having charge of the construction of said building, all or any part 
of the sum appropriated by this Act. 

§ 3. Whereas, Said building is now being constructed and the sum 
hereby appropriated is required for immediate use, there ore an emer- 
gency exists, and this Act shah take effect and be in force from and after 
the date of its passage and approval. 

Approved April 26, 1907. 



EDUCATIONAL COMMISSION. 
§ 1. Commission created. § 4. Duties — report. 

§ 2. Appointment of commission — chair- » «*■ Printing. 

; § 6. Expenses — compensation of secre- 
tary. 
§ 3. Meetings — secretary — quorum — pro- 
ceedings. ! § 7. Appropriates $10,000 — how drawn. 

(House Bill No. 742. Approved Mat 25, 1907.) 

An Act to create an educational commission, to define its powers and 
duties, and to make an appropriation therefor. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That a commission of seven mem- 
bers be and is hereby created, to be known as the Educational Commis- 
sion, to be constituted and appointed as hereinafter provided. 

§ 2. Upon the passage and approval of this act, the Governor shall 
nominate, and by and with the advice and consent of the Senate, ap- 
point six persons representing the various phases of educational work 
within the State, who, together with the Superintendent of Public In- 
struction, shall constitute the commission. The Superintendent of Pub- 
lic Instruction shall be ex officio chairman of the commission. All v^ ■ 
cancies that may occur by resignation or otherwise, shall be filled by the 
Governor. 



APPROPRIATIONS. 25 



§ 3. The commission shall meet at the call of the chairman and elect 
a secretary, and shall cause a record to be made and kept of all its pro- 
ceedings. Four members shall constitute a quorum for the transaction 
of business. 

§ 4. It shall be the duty of the educational commission to make a 
thorough investigation of the common school system of Illinois, and the 
laws under which it is organized and operated ; to make a comparative 
study of such other school systems as may seem advisable, and to sub- 
mit to the Forty-sixth General Assembly, a report including such sug- 
gestions, recommendations, revisions, additions, corrections and amend- 
ments, as the commission shall deem necessary. 

§ 5. The public printer is hereby authorized and directed to do all 
printing necessary for the educational commission. 

§ 6. The members of the commission shall receive only their actual 
personal and traveling expenses, to be paid upon the presentation of 
itemized statements of such accounts, verified by affidavits, and ap- 
proved by the Governor: Provided, however, that the secretary may 
receive fair compensation for the time actually spent in the work of the 
commission, such compensation to be determined by the commission and 
approved by the Governor. 

§ 7. The sum of ten thousand (10,000) dollars is hereby appropri- 
ated for postage, stationery, clerical and expert service, incidental and 
traveling expenses of the commission, and the Auditor of Public Ac- 
counts is hereby authorized to draw his warrant for the foregoing 
amount or any part thereof, on the order of the educational commission 
signed by its chairman, attested by its secretary and approved by the 
Governor. » 

Approved May 25, 1907. 



EDUCATIONAL INSTITUTIONS — ORDINARY EXPENSES. 

§ 1. Appropriates $302,500 for the year I § 3. Appropriates interest on colVge and 
beginning July 1, 1907. seminary fund. 

§ 2. Appropriates $302,500 for the year § 4. How diawn. 
beginning July 1, 1908. I 

(House Bill No. 855. Approved May 27, 1907.) 

An Act making appropriations for the ordinary expenses of the State 
educational institutions herein named. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and is hereby appro- 
priated for the purpose of defraying ordinary expenses of the State 
institutions named in this act, for the year beginning July I, 1907, the 
sum of $302,500.00, payable quarterly in advance and that the said 
appropriations shall be apportioned between the said institutions as fol- 
lows: 



26 APPBOPRIATIONS. 



To the Northern Illinois State Normal School, DeKalb. . $ 69,000 00 

To the Eastern Illinois State Normal School, Charleston . . 55,000 00 

To the Illinois State Normal University, Normal 70,000 00 

To the Western Illinois State Normal School, Macomb. . 60,000 00 

To the Southern Illinois Normal University, Carbondale. 48,500 00 



Total $302,500 00 

§ 2. For the purpose of defraying the ordinary expenses of said 
State institutions for the year beginning July 1, 1908, the sum of 
$302,500.00 is appropriated, payable quarterly in advance, and that the 
said appropriation shall be apportioned between the said institutions 
and at the same rate thereafter until the expiration of the first fiscal 
quarter after the adjournment of the next General Assembly, as follows : 

To the Northern Illinois State Normal School, DeKalb. . $ 69,000 00 



To the Eastern Illinois State Normal School, Charleston 

To the Illinois State Normal University, Normal 

To the Western Illinois State Normal School, Macomb . . 
To the Southern Illinois Normal University, Carbondale 



55,000 00 
70,000 00 
60,000 00 
48,500 00 



Total $302,500 00 

§ 3. That there be, and is hereby, further appropriated to the Illi- 
nois State Normal University, at Normal, and to the Southern Illinois 
Normal University, at Carbondale, for additional ordinary expenses, 
to each one-half of the interest on the college and seminary fund. 

§ 4. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrant upon the State Treasurer for said sum so 
appropriated for ordinary expenses, quarterly, upon the order of the 
trustees of said institutions, respectively, signed by the president and 
attested by the secretary, with the corporate seal attached: Provided, 
that no part of said sum shall be due and payable to any of said institu- 
tions respectively, until a detailed statement of receipts from all sources 
together with a detailed statement of the expenditures accompanied by 
the original vouchers, is filed with the Auditor of Public Accounts for 
all previous expenditures incurred, and said detailed statement of re- 
ceipts and expenditures shall show the balance on hand at the begin- 
ning of the period for which said statement is made, the total amount 
received and expended, and the balance on hand at the close of the 
quarter for which the same is made. 
Approved May 2j, 1907. 

EDUCATIONAL INSTITUTIONS— SPECIAL. 

§ 1. Appropriates $311,000 to the instl- § 2. How drawn. 
tutions named for the purposes 
enumerated. 

(House Bill No. 854. Approved May 27, 1907.) 

An Act making appropriations for the State educational institutions 
herein named: 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the following sums be 



APPROPRIATIONS. Ii7 



and are hereby appropriated in the State institutions named in this Act 
for the purposes herein stated, for the two years beginning July i, 
1907, the aggregate amount of which is $311,000.00, and that the said 
sums so appropriated shall be apportioned between the said institutions 
as follows: 

To the Northern Illinois Normal School, DeKalb— 

For rebuilding stay wall $3,500.00 

For completion of lake 500.00 

For tree planting 500.00 

For boiler for heating plant 2,000.00 

For museum 1,000.00 

For extension of manual training plant 500.00 

Total $8,000.00 

To Eastern Illinois State Normal School, Charleston — 

For improvement of grounds — $2,500.00 per annum $ 5,000.00 

For library — $3,000.00 per annum 6,000.00 

For laboratory — $1,000.00 per annum 2,000.00 

For summer school — $2,000.00 per annum 4,000.00 

For woman's building and gymnasium 1,000.00 

Total $1 17,000.00 

To the Illinois State Normal University, Normal — 
For the erection and completion of a manual arts build- 
ing and auditorium $100,000.00 

For enlargement of heating plant and extraordinary re- 
pairs upon the buildings of said Illinois State normal 
University 10,000.00 

Total $110,000.00 

To the Western Illinois State Normal School, Macomb — 

For additions to library — $3,000.00 per annum $ 6,000.00 

For the care and improvement of grounds 3,000.00 

For repairs on building and power house — $2,000.00 per 

annum 4,000.00 

For expense of trustees — $500.00 per annum 1,000.00 

For paving east driveway and for additional concrete 

walks the sum of 5,000.00 

Total $19,000.00 

To the Southern Illinois Normal University at Carbondale — 

Repairing steam heating plant $1,000.00 

Iron railing outside campus 500.00 

Electric wiring and fixtures for lighting halls, corridors 

and offices in main building 1,500.00 

Amphitheatre of Bayliss field 1,000.00 

New furniture and carpets 1. 000.00 



APPROPRIATIONS. 



Installing manual training equipment $ 1,006.00 

Gallery and gymnasium 1,000.00 

For erection of modern building for model school 50,000.00 

Total $57,000.00 

§ 2. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrants upon the State Treasurer for the aforesaid 
sums of money upon the order of the board of trustees of said educa- 
tional institutions, herein named, respectively, signed by the president 
and attested by the secretary of said boards, respectively, with the 
corporate seals of said institutions attached and approved by the Gov- 
ernor: Provided, said orders shall be accompanied by statements in 
detail of all expenditures made in pursuance of the aforesaid appro- 
priations respectively, and no warrant shall be issued until such state- 
ments in detail are filed by the respective institutions to which the ap- 
propriation is made: And, provided, further, that such detailed state- 
ments of receipts and expenditures and balance on hand shall be made 
separately, by such institutions, respectively, for each and every appro- 
priation made to said institution. 

Approved May 27, 1907. 



EDUCATIONAL INSTITUTIONS— UNIVERSITY OP ILLINOIS. 

§ 1. Appropriates for ordinary expenses § 2. Appropriates for items enumerated 
and items enumerated, $710,845 as additions to the plant, $51.- 

per annum ; for veterinary col- 100.00. 

lege, etc.. $30,000. § 3. How drawn. 

(Senate Bill No. 117. Approved Mat 27, 1907.) 

An Act making appropriations for the University of Illinois. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

1. That there be and is hereby appropriated to the University of 
Illinois for the payment of salaries and for the ordinary operating ex- 
penses the sum of four hundred and fifty thousand dollars ($450,000) 
per annum. 

2. For materials for shop practice the sum of five thousand dollars 
($5,000) per annum. 

3. For increase of historic, scientific and artistic cabinets and col- 
lections, two thousand dollars ($2,000) per annum. 

4. For additions to the library, twenty-five thousand dollars 
($25,000) per annum. 

5. For additions to apparatus and appliances, three thousand dol- 
lars ($3,000) per annum. 

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

7. For maintenance and extension of engineering college and equip- 
ment of the Engineering Experiment Station, seventy-five thousand 
dollars ($75,000) per annum. 

8. For painting and repairs on buildings and improvements to 
grounds, fourteen thousand three hundred and forty-five dollars 
($14,345) per annum. 



APPROPRIATIONS. 29 



9. For carrying on the State water survey six thousand dollars 
($6,000) per annum. 

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

11. For maintenance of the department of social and political 
science and industrial economics, including instruction in banking, in- 
surance, railway administration, twenty-five thousand dollars ($25,000) 
per annum. 

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

13. For agricultural extension and also to enable the college to 
meet the demands for instruction at the farmers' institute six thousand 
dollars ($6,000) per annum. 

14. For equipment and support of the law school fifteen thousand 
dollars ($15,000) per annum. 

15. For equipment and maintenance of the chemical laboratory, ten 
thousand dollars ($10,000) per annum. 

16. For equipment and maintenance of the school of pharmacy, 
five thousand dollars ($5,000) per annum. 

17. For maintenance of the graduate school, fifty thousand dollars 
($50,000) per annum. 

18. For maintenance of veterinary college and research laboratory, 
thirty thousand dollars ($30,000), provided suitable site, buildings 
and equipment are furnished, within the city of Chicago, free of charge, 
to be approved by the trustees. 

19. For maintenance of school of household and domestic science, 
ten thousand dollars ($10,000) per annum. 

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

1. For additional equipment of water station, three thousand dollars 
($3,000). 

2. For increase of the telephone exchange, fifteen hundred dollars 
($1,500). 

3. For enlarging the general heating and lighting plant, thirty-five 
thousand dollars ($35,000). 

4. For purchase of farm land, eleven thousand six hundred dollars 
($11,600). 

§ 3. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant on the Treasurer for the sums hereby 
appropriated, payable out of any money in the treasury not otherwise 
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 payable to said 
university until satisfactory vouchers in detail, approved by the Gov- 
ernor, shall be filed with the Auditor for all previous expenditures in- 
curred by the university on account of the appropriations hitherto 
made: And. provided, further, that vouchers shall be taken in dupli- 
cate, and original or duplicate vouchers shall be forwarded to the 
Auditor of Public Accounts for the expenditures of the sums appro- 
priated in this act. 

Approved May 2j, 1907. 



30 APPROPRIATIONS. 



EDUCATIONAL INSTITUTIONS— UNIVERSITY OF ILLINOIS, ENDOWMENT 

FUND. 

{ 1. Appropriates interest on endowment I § 2. How drawn. i ~ 

fond. ! 

(Senate Bill No. 118. Appeoved May 27, 1907.) 

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 per- 
fect endowment and support of the colleges for the benefit of agri- 
culture and the mechanic arts," established under the provisions of 
an act of Congress approved July 2, 1862. And the money granted 
by an act of Congress approved March 4, 1907, entitled "An Act mak- 
ing appropriations for the Department of Agriculture for the fiscal 
year ending June 30, 1908. 

Section i. 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, 1909) 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." And the money granted 
by an act of Congress approved March 4, 1907, entitled An Act making 
appropriations for the Department of Agriculture for the fiscal year 
ending June 30, 1908, 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 corporate 
seal of said university. 

Approved May 27, 1907. 



FIREMEN'S ASSOCIATION. 

Preamble. § g Annual statement to Governor. 

§ 1. Appropriates $500 per annum. . 

§ 2. Appropriation not for salaries. § 4 - How drawn. 

(Hodsb Bill No. 284. Approved June 4, 1907.) 

An Act to make an appropriation for the benefit, aid and maintenance 
of the Illinois Firemen's Association. 

Whereas, The Illinois Firemen's Association is an organization rep- 
resenting 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 ser- 



APPROPRIATIONS. 31 



vice in the several towns and cities in the State, for which purpose 
annual meetings are held for the discussion of topics on the subject, 
and the hearing of suggestions that are of great value to the member- 
ship (made up of the fire departments of the State of Illinois), there- 
fore, to help sustain this organization in the holding of its annual meet- 
ings and the printing of its reports, and to otherwise promote the use- 
fulness of this meritorious organization, the fire fighters, who volun- 
tarily give their service in the protection of lives and homes. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be and is hereby ap- 
propriated to the Illinois Firemen's Association the following sums, 
to-wit: For the printing and distribution of its programs, its annual 
report of proceedings, organization, postage, stationery, expenses of 
the annual meeting, the dissemination of information pertaining to the 
business of the organization, the sum of five hundred dollars ($500.00) 
per annum. 

§ 2. No part of the said five hundred dollars ($500.00) shall be 
paid as salary to any officer of the Illinois Firemen's Association. 

§ 3. The secretary and treasurer of the 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. 

§ 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 presenting 
proper vouchers 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 June 4, 1907. 



FUGITIVES FROM JUSTICE — DEFICIENCY. 

$ 1. Appropriates $5,000 to pay expenses § 2. Emergpncy. 
to July 1, 1907 — how drawn. 

(Senate Bill No. 451. Approved May 13, 1907.) 

An Act making an appropriation to meet a deficiency in the expenses 
for returning fugitives from justice. 

Section i. 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 five thousand dollars ($5,000) or so much 
thereof as may be necessary to pay the expenses already incurred or to 
be incurred before the first day of July, 1907, for the apprehension and 
delivery of fugitives from justice, to be paid on evidence required by 
law, certified and approved by the Governor. 

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

Approved May 13, 1907. 



32 APPROPRIATIONS. 



GENERAL ASSEMBLY, 45TH— EMPLOYES. 
§ 1. Appropriates, $100,000 — how drawn. ] § 2. Emergency. 

(Senate Bill No. 2. Approved January 30, 1907.) 

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

Section i. 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 neces- 
sary, to pay the employes of the Forty-fifth 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 trans- 
action of the business of the State, therefore an emergency exists and 
this Act shall take effect from and after its passage. 

Approved January 30, 1907. 



GENERAL ASSEMBLY, 45TH— INCIDENTALS— 1. 

I 1. Appropriates $22,000 for incidentals § 2. How diawn. 
and for care of State House and 
grounds. § 3. Emergency. 

(Senate Bill No. 1. Approved January 30, 1907.) 

An Act to provide for the incidental expenses of the Forty-fifth Gen- 
eral 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 i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of $22,000, or so 
much thereof as may be required, is hereby appropriated to pay the 
incidental expenses of the Forty-fifth General Assembly, or either 
branch thereof, or to be expended by the Secretary of State in the dis- 
charge 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-fifth General Assembly, therefore an emergency exists, and 
this Act shall take effect from and after its passage. 

Approved January 30, 1907. 



APPROPRIATIONS. 33 



GENERAL ASSEMBLY, 45TH— INCIDENTALS— 2. 

S 1. Appropriates $7,000 for incidental i § 2. How drawn, 
expenses — how certiEed. § 3. Emergency. 

(Hodsb Bill No. 872. Approved May 15, 1907.) 

An Act to provide for the incidental expenses of the Forty-fifth Gen- 
eral 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 i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of seven thousand 
dollars, or so much thereof as may be required, is hereby appropriated 
to pay the incidental expenses of the Forty-fifth 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 direc- 
tion of the General Assembly, or of either branch thereof. All expendi- 
tures to be certified to by the Secretary of State, and approved by the 
Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrants upon the State Treasurer for the sums 
herein specified upon presentation of proper vouchers, and the State 
Treasurer shall pay out of any funds in the State treasury not other- 
wise appropriated. 

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

Approved May 15, 1907. 



GENERAL ASSEMBLY (45TH) AND STATE OFFICERS. 

8 1. Appropriates $1,000,000. 

(Senate Bill No. 547. Approved May 27, 1907.) 

An Act making appropriation for the payment of the officers and mem- 
bers of the next General Assembly, and for salaries of the officers of 
the State government. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be, and is hereby, appro- 
priated the sum of one million dollars ($1,000,000), or so much as may 
be necessary, to pay the officers and members of the next General As- 
sembly, 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 General Assembly. 

Approved May 27, 1907. 



-3 L 



34 APPROPRIATIONS. 



GOVERNOR — INVESTIGATION OF ILLINOIS CENTRAL RAILROAD COMPANY. 
§ 1. Appropriates $100,000. § 3. Emergency, 

§ 2. How drawn. 

(Senate Bill No. 25. Approved March 19, 1907.) 

An Act making an appropriation to the Governor, to be used in the 
investigation and examination of the books, records, reports and ac- 
counts of the Illinois Central Railroad Company. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of one hundred thou- 
sand dollars, or so much thereof as may be necessary, be and is hereby 
appropriated to the Governor, to be used by him in the investigation 
and examination of the books, records, reports and accounts of the 
Illinois Central Railroad Company, and for the purpose of ascertaining 
the total amount of proceeds, receipts or income of said company de- 
rived from its charter lines, to be used in connection with the case of 
the State of Illinois against said company, now pending in the Supreme 
Court, or in connection with such other case or cases as may be insti- 
tuted on behalf of the State of Illinois against said company in the 
Supreme Court or in any other court or courts having jurisdiction. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the moneys 
hereinabove appropriated upon bills of particulars approved by the 
Governor. 

§ 3. Whereas, The moneys above appropriated are necessary for 
immediate use, therefore an emergency exists and this act shall be in 
force from and after its passage. 

Approved March 19, 1907. 



HISTORICAL LIBRARY — PROCURING DOCUMENTS. 
§ 1. Appropriates $5,000 per annum — how expended. 

(Hodse Bill No. 225. Approved June 4, 1907.) 

An Act making appropriations for procuring documents, papers, ma- 
terials and publications relating to the Northwest and the State of 
Illinois. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of five thousand 
dollars ($5,000) per annum be and is hereby appropriated for the pur- 
pose of securing copies of papers, documents, materials and publications 
relating to the Northwest and the State of Illinois and publishing the 
same ; the same to be expended by the trustees of the Illinois State His- 
torical Library with the sanction of the Governor. 

Approved June 4, 1907. 



APPROPRIATIONS. 35 



HISTORICAL VOLUME— "ILLINOIS AT VICKSBURG." 

§- 1. Purpose of volume. I § 4. Appropriates .«5,000. 

S 2. Illinois-Vicksburs Military Park § 5. How drawn. 
Commission empowered to pub- 
lish. § 6. Repeal. 

f 3. Contractors may or may not be § 7. Emergency, 
members of commission — report 
to Governor. 1 . 

(House Bill No. 80. Approved Maech 19, 1907.) 

An Act to provide for the compilation, editing, publication and distribu- 
tion of a commemorative and historical volume ,to be entitled, "Illi- 
nois at Vicksburg," and making appropriations therefor. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That, for the purposes of the com- 
pilation, editing, publication and distribution of a commemorative and 
historical volume, to be entitled, "Illinois at Vicksburg," showing the 
services of Illinois troops during the campaign and siege of Vicksburg, 
Mississippi, in the year A. D. 1863, and also showing what a later gen- 
eration of Ulinoisans have done, from 1901 to 1906, to commemorate 
the services of the sons of Illinois in and during that memorable cam- 
paign and siege, by the erection of regimental monuments and markers 
and a State monument, or memorial temple, in the National Military 
Park at Vicksburg, Mississippi, and to pay the expenses and cost there- 
of, the following provisions and appropriations are hereby enacted and 
made: 

§ 2. That for carrying out the purposes of this Act, the Illinois- 
Vicksburg Military Park Commission, created and appointed by and in 
pursuance of an act entitled, "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," approved May 14, 
1903, in force July 1, 1903, is hereby authorized and empowered to 
compile, edit, publish and distribute, or cause to be compiled, edited, 
published and distributed, the said commemorative and historical vol- 
ume mentioned in the first section of this act ; the said volume to con- 
tain the names of all Illinois soldiers and sailors appearing upon the 
bronze tablets, or carved in stone; upon the inner walls of the Illinois 
State monument, or memorial temple, erected in the National Military 
Park at Vicksburg, Mississippi, arranged in alphabetical order, as 
nearly as shall be practicable, and stating the places from which said 
soldiers and sailors enlisted, so that the same shall be a work of easy 
reference for them, and for their descendants in future years ; the said 
volume to be so illustrated that it will be in the nature of a monument, 
in harmony with the spirit of the State monument, or memorial temple, 
erected by the people of Illinois in the National Military Park at Vicks- 
burg, Mississippi; and the same shall also contain all the acts of the 
General Assembly of the State of Illinois authorizing the erection of 
said regimental monuments and markers and State monument, or me- 
morial temple, together with a substantially complete statement of the 
proceedings of said Illinois-Vicksburg Military Park Commission in the 



36 APPEOPEIATIONS. 



erection thereof, and of the amounts of money expended in that behalf ; 
and the came shall also contain such other historical facts, information, 
matter and things, relating to the campaign and siege of Vicksburg, 
Mississippi, in the year A. D. 1863, during the civil war, and connected 
therewith, and relating to the services of Illinois soldiers and sailors 
therein, as said commission shall deem desirable to be inserted in said 
volume. 

§ 3. The said commission, mentioned in the second section of this 
act, are hereby authorized and empowered to contract for the compila- 
tion, editing, publication and distribution of said commemorative and 
historical volume, mentioned in the first section of this Act, with such 
competent and responsible persons as said commission may select for 
the several respective parts of said work ; and the person or persons 
employed to do the work of the compilation of the matter to be con 1 
tained in said volume, and the editing and distribution thereof, may, 
or may not, in the discretion of said commission, be a member or mem- 
bers of said commission, any law of this State to the contrary notwith- 
standing. And said commission shall make full report to the Governor 
of its acts and doings under this act. 

§ 4. That, for carrying out the purposes of this act, so much of the 
appropriations made and provided in and by the said act mentioned in the 
second section of this act, and in and by another act entitled, "An Act 
to provide for the re-appropriation of the unexpended balance of funds 
appropriated in and by an act entitled, 'An Act to provide for the erec- 
tion of monuments and markers to commemorate the services and mark 
the positions of Illinois Volunteers in the campaign and siege of Vicks- 
burg, Mississippi, and making appropriation therefor,' approved May 
14, 1903, in force July 1, 1903; and also to make additional appropria- 
tion for the completion of said monuments and markers mentioned in 
said act, and for the dedication thereof, and for the compilation and 
publication of a report thereof and of the acts and doings of the com- 
missions thereby created," approved May 18, 1905, in force July 1, 
1905, as shall not be expended on or before the thirtieth day of Sep- 
tember, A. D. 1907, is hereby reappropriated from the State treasury 
of Illinois, and devoted to and for the purposes specified in this act, 
after the actual expenses incurred by the members of said commission 
in the performance of their duties shall first be paid out of the same, and 
the same shall be expended and paid out in accordance with the pro- 
visions of this act; and for the purpose of providing sufficient funds 
for the payment of the total expenditures contemplated in and by this 
act, there is now hereby appropriated the further and additional sum of 
five thousand dollars ($5,000.00) to be paid out of moneys in the State 
treasury not otherwise appropriated ; and the said moneys hereinabove 
mentioned and appropriated shall be expended by and under the direc- 
tion of said commission, and paid out in the manner hereinafter in this 
act specified. 

§ 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 



APPROPRIATIONS. 37 



Governor, for the payment of the cost and expenses of the compilation, 
editing, publication and distribution of said commemorative and his- 
torical volume, in accordance with the terms and provisions of such 
contract or contracts as shall be made by said commission in pursuance 
of this act, and also for the payment of the actual expenses of the 
members of said commission incurred in the performance of their 
duties under this act. 

§ 6. All laws, and parts of laws, in conflict with the provisions of 
this act, or with any of the provisions hereof, are hereby repealed. 

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

Approved March 19, 1907. 



HORTICULTURAL SOCIETY 
i 1. Appropriates $5,000 per annum. ] § 2. How drawn. 

(House Bill No. 434. Approved June 4, 1907.) 

An Act making an appropriation in aid of the Illinois State Horticul- 
tural Society. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and is hereby appro- 
priated for the use of the Illinois State Horticultural Society, the sum 
of five thousand dollars ($5,000.00) per annum, for the purpose of ad- 
vancing the growth and development of the horticultural interests of 
the State for the years 1907 and 1908, 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 officer of said society > 
except the secretary, who may receive not to exceed four hundred dol- 
lars per annum: And, provided, further, that one thousand dollars 
($1,000.00) of said sum may be expended each year in field experiments. 

§ 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 society to the 
order of the president of said society, and the State Treasurer shall pay 
the same out of any funds in the treasury not otherwise appropriated. 

Approved June 4, 1907. 



INTERNAL IMPROVEMENT COMMISSION— LEVEE AT SHAWNEETOWN. 

I 1. Appropriates $17,000 for repairs and § 2. How drawn, 
improvements. 

(Senate Bill No. 327. Appkoved Mat 17, 1907.) 

An Act making an appropriation to the Internal Improvement Com- 
mission of Illinois for the purpose of repairing and strengthening the 
levee at Shazvneetown, Illinois. 

[Section i.] Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there is hereby appropriated 



38 APPROPRIATIONS. 



to the Internal Improvement Commission of Illinois the sum of seven- 
teen thousand dollars ($17,000) for use in repairing and strengthening 
the levee at Shawneetown, Illinois, so as to protect said city from floods 
and overflows of the Ohio and Wabash rivers. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant from time to time upon the State Treas- 
urer for the moneys herein appropriated upon proper vouchers, certi- 
fied by the said commission and approved by the Governor. 

Approved May 17, 1907. 



LINCOLN HOMESTEAD — REPAIRS. 
§ 1. Appropriates $3,000 for repairs — how drawn. 

(Senate Bill No. 239. Approved Mat 9, 1907.) 

An Act making an appropriation for repairs of the Lincoln Homestead. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there is hereby appro- 
priated the sum of three thousand dollars ($3,000) to defray the ex- 
penses of repairing the Lincoln Homestead, to be paid out of any 
moneys in the treasury of the State not otherwise appropriated, on 
warrants of the Auditor upon the Treasurer, on the direction of a 
majority of the Board of Lincoln Homestead Trustees. 

Approved May 9, 1907. 



LIVE STOCK BREEDERS' ASSOCIATION. 
§ 1. Appropriates $500 per annum. § 3. How drawn. 

§ 2. Appropriation not for salaries. § 4. Annual report to Governor. 

(House Bill No. 287. Approved June 4, 1907.) 

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

Section i. 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 Live Stock Breeders' Association, the fol- 
lowing sums, to-wit: For printing and distributing reports, programs, 
postage, stationery, expenses of speakers, etc., the sum of five hundred 
dollars ($500) per annum for the years 1907 and 1908. 

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

§ 3. That on the order of the president, countersigned by the sec- 
retary 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 appro- 
priated. 



APPROPRIATIONS. 39 



§ 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 or- 
ganization on the order of the president, countersigned by the secretary, 
and make final report to the Governor of all expenditures, as provided 
by law. 

Approved June 4, 1907. 



MILK PRODUCERS' INSTITUTE. 
§ 1. Appropriates $500 per annum — how drawn. 

(House Bill No. 574. Approved .Tone 4, 1907.) 

An Act to make an appropriation to the State Milk Producers' In- 
stitute. An act to appropriate $1,000 for the Milk Producers' Insti- 
tute of Illinois. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of $500.00 per 
annum for the years 1907 and 1908 is hereby appropriated out of any 
moneys in the State treasury not otherwise appropriated, for the use 
and benefit of said association, and the State Auditor is hereby author- 
ized to draw his warrant for same and deliver to the treasurer of the 
Illinois State Milk Producers' Institute upon his presenting proper re- 
ceipts therefor, certified by the president and secretary of said asso- 
ciation, said amount to be used for the purpose of holding the annual 
convention and institute of said association and for the purpose of edu- 
cating and instructing those interested in the economic and sanitary 
production of milk, and for such other purposes as in the judgment of 
the officers shall best subserve the interests of the Illinois State Milk 
Producers' Institute. 

Approved June 4, 1907.- 



MONUMENTS— ANDERSONVILLE PRISON. 

§ 1. Site to be selected by commission. § 3. Appropriates $15,000 — how drawn. 

§ 2. Appointment of commission — powers § 4. Report to Governor, 
and duties. 

(House Bill No. 108. Approved Mat 24, 1907.) 

An Act to commemorate the heroism, valor and patriotic services of 
the Illinois volunteer soldiers in the army of the Union in the civil 
war, who died in Andersonville Prison (officially designated Camp 
Sumpter), in the county of Sumpter, in the State of Georgia, while 
confined there as prisoners of war, by the erection of a suitable monu- 
ment, either in the National cemetery or on the site of the prison 
stockade at that place. Creating a commission for such purpose and 
appropriating a sufficient sum of money therefor. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a suitable memorial or 
monument be forthwith erected in the National cemetery or on the 



40 APPROPRIATIONS. 



site of the stockade grounds, as the commission may decide, to fittingly 
commemorate the patriotic devotion, heroism and self-sacrifice of the 
Illinois soldiers in the armies of the Union during the civil war of 
1861 to 1865, who died while confined as prisoners of war in the mili- 
tary prison at Andersonville, Georgia, during the late civil war, and 
were buried in the National cemetery at that place. 

§ 2. Said monument or memorial shall be erected under the direct 
supervision and control, as to location aforesaid, design, inscription and 
execution, of a commission to be appointed by the Governor, consisting 
of five persons, at least three of whom shall be members of the associa- 
tion of Ex-Prisoners of War of Illinois, to proceed on the ground and 
by themselves, or with such assistance as they may deem necessary to 
employ, to locate a site, procure plans, designs and specifications for such 
memorial or monument to secure the execution thereof, and to do all 
necessary things for the appropriation and speedy completion of said 
memorial or monument herein authorized, and for carrying this Act 
into operation and final consummation. 

§ 3. In order to defray the necessary expenses of the design, exe- 
cution, inscription, location of said memorial or monument, and reason- 
able expense of said commission incident to the same, the sum of fifteen 
thousand dollars ($15,000), or as much thereof as may be absolutely 
necessary therefor, is hereby appropriated and set aside out of any 
moneys in the treasury, not otherwise appropriated ; such expenditures 
to be made only by, or under the direct orders and supervision of said 
commission, and to be paid by the State Treasurer, on warrants to be 
drawn on him by the chairman or president of said commission, duly 
attested by the secretary and to be accompanied in each case by an 
itemized bill for the amount of such warrants, and be subject to the 
approval of the Auditor of Public Accounts of the State. 

§ 4. On the completion of said memorial or monument, said com- 
mission shall make full report to the Governor, setting forth the facts 
in connection therewith, and embodying therein a full and complete 
itemized account of all expenditures and outlays incurred and made in 
the execution of the work. 

Approved May 24, 1907. 



MONUMENTS — ELIAS KENT KANE, RANDOLPH COUNTY. 

§ 1. Appropriates $500 for purchase of I § 3. How drawn, 
land and to repair tomb. 

§ 2. Commissioners to administer act. I 

(House Bill No. 511. Approved June 4, 1907.) 

An Act making an appropriation of five hundred dollars ($500) for 
repairing the tomb of Elias Kent Kane, second United States senator 
from Illinois, and for the purchase of land. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and hereby is 
appropriated, the sum of five hundred dollars ($500), or as much 



APPROPRIATIONS. 41 



thereof as may be necessary, to purchase the land and to properly repair 
the tomb of Elias Kent Kane, located on the bluff across the Missis- 
sippi river from Kaskaskia, in Randolph county. 

§ 2. That for the purpose of carrying out the provisions of this act, 
the Governor shall appoint three commissioners, to whom no com- 
pensation for services or expenses shall be paid, and said commissioners 
shall make full report to the Governor of their acts and doing hereunder. 

§ 3. 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 commissioners and approved by the 
Governor, for the payment of said repairs to the extent of said appro- 
priation hereby made, when said repairs are completed. 

Approved June 4, 1907. 



MONUMENTS— GEORGE ROGERS CLARK, QUINCY. 

Preamble. I § 2. Commissioners to administer act — 

expenditures, how certified and 
{ 1. Appropriates $6,000. I paid. 

(EIoose Bill No. 10. Approved Mat 23, 1907.) 

An Act making an appropriation for constructing and erecting a 
monument in Riverview Park, at Quincy, Illinois, to the memory of 
General George Rogers Clark. 

Whereas, General George Rogers Clark, with prophetic vision, was 
enabled, during the revolutionary period of our history, to see, in that 
great region lying between the Ohio, the great lakes, and the Missis- 
sippi, a territory of most strategic value, boundless wealth and wond- 
rous opportunity, and who by the authority of a council of Virginia 
statesmen, composed of Patrick Henry, Thomas Jefferson, George 
Mason, and George Wythe, at almost inconceivable peril to himself and 
his followers, swept it free from marauding band and lurking foe, and 
organized it as a county of the Old Dominion, through the munificence 
of that commonwealth, and by the provisions of the ordinance of 1787, 
drafted by Jefferson, it became the Northwest Territory, a portion, in 
1809, was made the Territory of Illinois, and from this conception, was 
born, in 1818, Illinois, fairest of the sisterhood of states. More than a 
century has gone by, and as yet no fitting tribute to the memory and 
achievements of this remarkable man has been established, therefore: 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and hereby is 
appropriated the sum of six thousand dollars, or so much thereof as 
may be necessary to be expended in the construction and erection of a 
suitable monument in memory of the said General George Clark, said 
monument to be erected on the east bank of the Mississippi river in 
Riverview Park, in the city of Quincy, which bold promontory is the 
most western point of high land in all Illinois. 

§ 2. The design, construction and erection of said monument shall 
be under the supervision and construction of a commission of five mem- 
bers, not more than three members to be of any one political party, to 



42 APPROPRIATIONS. 



be appointed by the Governor, who shall serve without pay except for 
their actual expenses. All bills for expenditures within in this appro- 
priation shall be paid upon certificates of approval signed by at least 
three members of said commission, and by the Governor, and the 
Auditor shall issue his warrant for the same out of any money not 
otherwise appropriated. 
Approved May 23, 1907. 



NATIONAL GUARD— OVERCOATS AND UNIFORMS. 
§ 1. Appropriates $90,000. | § 2. How drawn. 

(House Bill No. 292. Approved June 4, 1907.) 

An Act to provide for the purchase of overcoats, dress and service 
uniforms, and pea-jackets for the Illinois National Guard and the 
Illinois Naval Reserve. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of ninety thous- 
and dollars ($90,000) or so much thereof as may be necessary, is 
hereby appropriated to pay for the manufacture and purchase of over- 
coats, dress and service uniforms,^ and pea-jackets for the Illinois 
National Guard and the Illinois Naval Reserve. 

6000 Dress uniforms $60,000.00 

6000 Service uniforms 18,000.00 

300 Pea-jackets 3,000.00 

4500 Dress caps 5,000.00 

2700 Campaign hats 4,000.00 



$90,000.00 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified, upon the pre- 
sentation 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 June 4, 1907. 



NATIONAL GUARD— SECOND INFANTRY AND CAMP LOGAN. 

§ 1. Appropriates $35,000 for armory I § 2. How drawn. 
site for Second Infantry. 
Appropriates $9,000 for additional 
ground for Camp Logan. 

(House Bill No. 293. Approved June 4, 1907.) 

An Act to purchase armory site for Second Infantry, Illinois National 
Guard, and sixty (60) acres additional ground for Camp Logan, 
Illinois. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of thirty-five 
thousand dollars ($35,000), or so much thereof as may be necessary, is 



APPROPRIATIONS. 43 



hereby appropriated for the purchase of lots ten (10), thirteen (13), 
fourteen (14), fifteen (15), and the west half of sixteen (16), in block 
forty-two (42) in Carpenter's addition to Chicago in the west one-half 
of the southeast quarter of section eight (8), township thirty-nine 
(39), north, range fourteen (14), east of the third (3rd) principal 
meridian, in Cook county, Illinois, now occupied by armory building 
owned by the Second Infantry, Illinois National Guard, and that the 
further sum of nine thousand dollars ($9,000), or so much thereof as 
may be necessary, is hereby appropriated for the purchase of sixty (60) 
acres of additional ground located on the west side and adjoining Camp 
Logan, 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 Generar 
and approved by the Governor, and the Treasurer shall pay the same 
out of the money hereby appropriated. 

Approved June 4, 1907. 



NATIONAL GUARD — SEVENTH INFANTRY, ARMORY. 

§ 1. Appropriates $150,000 for armory — I § 2. How drawn, 
proviso. _ | 

(House Bill No. 510. Approved June 5, 1907.) 

An Act to appropriate the sum of one hundred fifty thousand dollars 
($150,000), or so much thereof as may be necessary, for the purpose 
of constructing an armory building for the use of the Seventh In- 
fantry, Illinois National Guard, located in Chicago, Cook county, 
Illinois, provided that there shall be deeded to the State suitable 
ground upon which to erect said armory, the site to be approved by 
the Governor and Adjutant General. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That one hundred fifty thous- 
and dollars ($150,000), or so much thereof as may be necessary, is 
hereby appropriated to pay for the erection of an armory for the use 
of the Seventh Infantry, Illinois National Guard, located in Chicago, 
Cook county, Illinois : Provided, however, that there shall be deeded 
to the State suitable ground upon which to erect said armory, the site 
to be approved by the Governor and Adjutant General. 

§ 2. The Auditor of Public Accounts is hereby authorized 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 monev 
hereby appropriated. 

Approved June 5, 1907. 



44 APPEOPEIATIONS. 



PENAL AND REFORMATORY — SOUTHERN PENITENTIARY. 

§ 1. Appropriates $200,000 per annum l § 2. How drawn, 
for ordinary expenses — $30,700 
for items enumerated. ! 

(House Bill No. 571. Approved Juke 4, 1907.) 

An Act making appropriations for the ordinary and other expenses of 
the Southern Illinois Penitentiary at Chester, Illinois. 

Section i. 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, and the same are hereby appro- 
priated to the Southern Illinois Penitentiary at Chester, for the pur- 
poses hereinafter named, and no other: 

For ordinary expenses for the two years ending June 30, 1909, 
$200,000.00 per annum. 

For maintaining library and furnishing chapel, $350.00 per annum. 

For expenses enforcing parole law, $5,000.00 per annum. 

For the construction and equipment of a dining hall for prisoners. 
$20,000. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrants upon the State Treasurer for the moneys herein appro- 
priated, upon the order of the board of commissioners of said peniten- 
tiary, and attested by the secretary with the seal of the institution at- 
tached, and approved by the Governor. » 

Approved June 4, 1907. 



PENAL AND REFORMATORY — STATE PENITENTIARY. 

J 1. Appropriates $240,000 per annum j § 2. How drawn, 
tor ordinary expenses — $lt>.000 j 
per annum for items enumerated. 

(House Bill No. 868. Approved June 4, 1907.) 

An Act to make appropriation for ordinary and other expenses of the 
Illinois Penitentiary at loliet. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the following amounts, or so 
much thereof as may be necessary, be, and the same are hereby appro- 
priated to the Illinois State Penitentiary at Joliet, for the purposes 
hereinafter named and no other. 

For ordinary expenses for the year ending June 30, 1908. . . $ 240,000 
For ordinary expenses for the year ending June 30, 1909 . . . 240,000 
For meeting the expenses of maintaining and operating 

the parole system the sum of $10,000 per annum 20,000 

For painting and general repairs, $6,000 per annum 12,000 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the State Treasurer for the amounts 
herein appropriated, quarterly in advance, in so far as it relates to the 
appropriations for ordinary expenses, upon the order of the board of 



APPROPRIATIONS. 45 



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 : Provided, that no part of such sums shall be 
due and payable to said institution until a detailed statement of receipts 
from all sources, together with a detailed statement of the expenditures, 
accompanied by the original vouchers, is filed with the Auditor of Public 
Accounts for all previous expenditures incurred, and such detailed 
statement of receipts and expenditures shall show the balance on hand 
at the beginning of the period for which such statement is made, the 
total amounts received and expended, and the balance on hand at the 
close of the quarter for which the same is made; and the Auditor of 
Public Accounts is hereby authorized and directed to draw his war- 
rants on the State Treasurer for the sums herein appropriated, for the 
special purposes upon the order of the board of commissioners when 
accompanied by itemized bills of particular (s), signed by the president 
and attested by the secretary, with the seal of the institution, and the 
approval of the Governor thereto attached, certifying that the expendi- 
tures mentioned in said bill of particulars have been made and that the 
amount is due and payable. 
Approved June 4, 1907. 



PENITENTIARY COMMISSION — NEW BUILDINGS. 



} 1. Commission appointed by Governor. 

§ 2. Organization of commission. 

£ •?. Selection of site — title — conveyance. 

$ 4. Condemnation proceedings author- 
ized. 

i 5. Plans and specifications. 



§ 6. Construction of buildings. 

§ 7. Employment of convict labor. 

§ 8. Letting contracts — proviso. 

§ 9. Appropriates $500,000. 

§ 10. How drawn. 



(House Bill No. 870. Approved June 5, 1907.) 

An Act creating a commission and providing for the acquisition of land 
for the re-location of the Illinois State Penitentiary and the Illinois 
Asylum for Insane Criminals, and for the building of a new Illinois 
State Penitentiary and a new Illinois Asylum for Insane Criminals 
at or near the city of Joliet, and making an appropriation therefor. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That upon the taking effect of this 
Act a commission consisting of three members to be known as "The 
Penitentiary Commission," shall be appointed by the Governor. Va- 
cancies occurring in said commission shall be filled by the Governor. 
Said commissioners shall serve without pay, but the reasonable and 
necessary expenses of said commissioners shall be paid out of the ap- 
propriation hereinafter made. Said commission shall have full power 
to execute the duties and carry out the provisions of this act as herein- 
after set forth. 

§ 2. It shall be the duty of said commission to meet and organize 
as soon as practicable after the taking effect of this act by electing one 
of its number president and another secretary. 



46 APPROPRIATIONS. 



§ 3. It shall be the duty of the said commission to select and obtain 
by donation, purchase, or otherwise, for the State, a suitable site for 
the re-location of the Illinois State Penitentiary and the Illinois Asylum 
for Insane Criminals, at or near the city of Joliet, Illinois : Provided, 
that the site upon which such Illinois State Penitentiary and Illinois 
Asylum for Insane Criminals are located shall contain not less than two 
thousand acres in one body. The conveyances of such site, after the 
title thereto has been passed upon and approved by the Attorney Gen- 
eral, shall be taken in the name of the People of the State of Illinois 
and the deeds therefor and other evidences of title, shall be filed in the 
office of the Secretary of State. 

§ 4. In case said commission cannot acquire title to the land so 
selected, or any part thereof, either by purchase or donation, said com- 
mission is hereby invested with power to obtain the title to any site so 
selected, or any part thereof, by condemnation under the eminent do- 
main laws of this State. 

§ 5. After said commission shall have selected a suitable site for the 
relocation of the Illinois State Penitentiary and the Illinois Asylum for 
Insane Criminals and acquired for the State title thereto, it shall be the 
duty of said commissioners to cause to be prepared the necessary plans 
and specifications by a competent architect, or board of architects, of 
established reputation for ability and integrity, (the said commission 
being hereby authorized to employ and pay such architect, or board of 
architects, out of the appropriation hereinafter made) for the construc- 
tion of the necessary building, or buildings, for the confinement and 
employment of convicts and for the confinement of insane criminals, 
including buildings, walls, guard rooms, work shops and yards, dining 
rooms, kitchens, bakeries, laundries, coal houses, store houses, hospitals, 
chapels and rooms or buildings for the keeper, or keepers, heating and 
lighting plants, and such other buildings, improvements and structures 
as such commission may deem advisable, together with a system of 
sewerage and water supply, to cost, including the amount paid for the 
site so selected, in the aggregate not to exceed two million dollars. 

• Upon the approval by said commission of such plans and specifica- 
tions, it shall be the duty of said commission to proceed with the con- 
struction of such building or buildings, improvements and structures in 
accordance therewith. 

§ 6. The construction and erection of such building, or buildings, 
improvements and structures shall be under the supervision and direc- 
tion of the commissioners hereinbefore named. Said commissioners in 
constructing and erecting said building, or buildings, improvements and 
structures, shall have full power to make all necessary contracts and to 
employ such superintendents, agents, overseers and workmen as they 
may deem necessary, and shall procure all necessary implements, tools 
and machinery to be used in the construction and erection of said build- 
ing, or buildings, improvements and structures and the stone and neces- 
sary materials therefor. 

§ 7. In the construction of said building, or buildings, improve- 
ments and structures, said commission shall use as far as practicable 
the labor of the convicts confined in the Illinois State Penitentiary, and 



APPROPRIATIONS. 47 



for this purpose said commissioners are hereby authorized to cause con- 
victs confined in the Illinois State Penitentiary to be taken beyond the 
walls of said penitentiary for the purpose of laboring on or about the 
building, or buildings, and other works in the construction of said 
penitentiary and in getting out and preparing materials therefor until 
the same shall be completed. Whenever said convicts are employed on 
said buildings, improvements, structures and other works, the warden 
of the Illinois State Penitentiary shall provide for the care and safe 
custody of the convicts so employed. 

§ 8. In lieu of constructing said building, or buildings, improve- 
ments and structures, in the manner provided by sections six and seven 
of this Act, said commissioners, if they deem it advisable and for the 
best interests of the State, may let by contract the construction of said 
building, or buildings, improvements and structures, or any part of 
them, to the lowest and best responsible bidder. Before any contract 
is let under the provisions of this section, said commissioners shall ad- 
vertise for bids for thirty days in at least one newspaper in each of the 
following named cities, to-wit: Chicago, Springfield, Bloomington, 
Peoria, Decatur, East St. Louis, and Joliet. At the expiration of thirty 
days, at an appointed time and place, said commissioners shall open in 
the presence of all the bidders present, all the bids that have been re- 
ceived by them, and shall enter into contract with the lowest and best 
responsible bidder, or bidders for the construction of such building, or 
buildings, improvements or structures, as are mentioned in such adver- 
tisement, requiring or taking from said contractor, or contractors, a 
good and sufficient bond for the faithful performance of said contract 
according to the specifications: Provided, the commissioners shall re- 
serve the right to reject any and all such bids, and may readvertise as 
many times as in their judgment they may deem best. 

It shall be a condition precedent in letting such contract, or contracts, 
that said contractor, or contractors, shall employ the labor of the con- 
victs confined in the Illinois State Penitentiary upon terms to be agreed 
upon between said commissioners and said contractors. It shall be the 
duty of said commissioners upon each periodical settlement with said 
contractors to retain in the funds herein appropriated the amount of the 
contract price of the labor performed by said convicts prior to such 
settlement. 

§ 9. In order to carry out the provisions of this Act and to secure 
a site and begin the construction of such building, or buildings, im- 
provements and structures, there is hereby appropriated the sum of five 
hundred thousand dollars, to be subject to the order of said commission 
on the terms and conditions set forth in section 10 of this Act. 

§ 10. The Auditor of Public Accounts is hereby directed and em- 
powered to pay out upon vouchers signed by a majority of the com- 
mission herein named, all or any part of the sum so appropriated in 
section 9 of this Act. 

Approved June 5, 1907. 



4b APPROPRIATIONS. 



POULTRY ASSOCIATION. 

§ 1. Appropriates $1,000 per annum. § 3. How drawn. 

§ 2. No appropriation for salaries. 

(House Bill No. 531. Approved June 4, 1907.) 

An Act making an appropriation for the Illinois State Poultry Asso- 
ciation. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: The sum of one thousand dollars 
($1,000.00) per annum for the years 1907 and 1908 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 Asso- 
ciation, said amount to be used for the purpose of paying premiums, 
providing uniform coops and defraying the expenses incurred in 
holding annual meetings, and for such other purposes as in the judg- 
ment of said 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 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 vouch- 
ers therefor, certified to by the president and secretary of said associa- 
tion under seal of such corporation. 

§ 4. It shall be the duty of the treasurer of the Illinois State Poul- 
try 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 expenditures, 
as provided by law. 

Approved June 4, 1907. 



PRINTING AND BINDING — DEFICIENCY. 
§ 4. How drawn. 



Emergency. 



§ 1. Appropriates $3,000 for printing 
and stationery. 

§ 2. Appropriates $5,000 for public 
printing. 

§ 3. Appropriates $5,000 for public 
binding. 

(Senate Bill No. 145. Approved March 11, 1907.) 

An Act making an appropriation for a deficiency in the appropriations 
for the purchase of printing paper and stationery and for making 
payments for printing and binding for the State under State con- 
tracts. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of $3,000 be and is 
hereby appropriated to the Board of Commissioners of State Contracts 



APPROPRIATIONS. 49 



to meet the deficiency for the purchase of printing paper and stationery 
now under contract. 

§ 2. That the sum of $5,000.00 be and is hereby appropriated to 
the Board of Commissioners of State Contracts to meet the deficiency 
for the public printing of the State, now under contract. 

§ 3. That the sum of $5,000.00 be and is hereby appropriated to the 
Board of Commissioners of State Contracts to meet the deficiency in 
the appropriation for the public binding of the State, now under con- 
tract. 

§ 4. 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 vouchers certified to by the Board 
of Commissioners of State Contracts and approved by the Governor, 
and the State Treasurer shall pay the same out of any funds in the 
State treasury not otherwise appropriated. 

§ 5. Whereas, The appropriations above recited are necessary for 
the transaction of the business of the State ; therefore, an emergency 
exists, and this Act shall be in force and take effect from and after its 
passage. 

Approved March 11, 1907. 



RELIEF — ESTATE OP JUSTICE WILKIN. 
S 1. Appropriates $1,805.55 for salary — how drawn. 

(Senate Bill No. 540. Approved May 17, 1907.)- 

An Act to appropriate two months' and five days' salary to the estate 
of the late Justice Wilkin. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of $1,805.55 De an d 
is hereby appropriated for the payment of two months' and five days' 
salary, from April 4, 1907, to the 8th day of June, 1907, of the late 
Justice Jacob W. Wilkin, one of the justices of the Supreme Court, to 
his estate, this being from the time of his death until the election of 
his successor; and that the Auditor shall draw his warrant on the 
State Treasurer in favor of the administrator or administratrix of 
Jacob W. Wilkin for the amount hereby appropriated. 

Approved May 17, 1907. 



-4L 



50 APPROPRIATIONS. 



RELIEF— MARY E, MCDONOUGH AND MRS. DANIEL BUBTTNER. 
§ 1. Appropriates $675.20 — how drawn. § 2. Emergency. 

• House Bill No. 883. Appeoved June 4, 1907.) 

An Act making an appropriation of the amount of the uncollected 
salaries of Daniel V. McDonough and .Daniel Buettner, deceased 
members of the Forty-fifth General Assembly, in favor of the mother 
and widow of each respectively. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of six hundred and 
seventy-five dollars and twenty cents ($675.20) is hereby appropriated 
and directed to be paid from an)' funds not otherwise appropriated in 
the treasury of Illinois, which said sum shall be paid by the Treasurer 
upon the warrant of the Auditor of Public Accounts of Illinois in 
manner as follows : Three hundred thirty-seven dollars and sixty cents 
($337.60) to Mary E. McDonough, mother of Daniel V. McDonough, 
three hundred thirty-seven dollars and sixty cents ($337.60) to the 
widow of Daniel Buettner, the said Daniel V. McDonough and the 
said Daniel Buettner each being deceased members of the Forty-fifth 
General Assembly of Illinois. 

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

Approved June 4, 1907. 



STATE ENTOMOLOGIST — OFFICE EQUIPMENT. 

I 1. Duties — investigations — experiments § 3. Advisory committee. 

— lectures— demonstrations — bul- j 

letins — -report. § 4. How drawn. 

$ 2. Appropriates $25,000 per annum. 

(Senate Bill No. 230. Approved Mat 25, 1907.) 

An Act to provide for the oMce of the State Entomologist, to define 
its duties, and to extend its equipment. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be the duty of the 
State Entomologist to investigate, by himself or by his assistants, all in- 
sects dangerous or injurious in this State to agricultural and horticul- 
tural plants and crops, to live stock, to nursery trees and plants, to the 
products of the truck farm and the vegetable garden, to the shade 
trees and other ornamental vegetation of cities and towns, to the 
products of mills and the contents of warehouses, and to all other 
valuable property, and to investigate all insects in this State injurious 
or dangerous to the public health ; and he shall conduct experiments 
with methods for the prevention, arrest, abatement and control of in- 
juries to person and property by such insects, giving no preference 
in his investigations to one part of the State over another. He shall. 



APPROPRIATIONS. 51 



further, instruct the people of the State, by lecture and demonstration, 
as may in his judgment be practicable and necessary, in the best meth- 
ods of preserving and protecting their property and their health 
against injuries by insects ; and he shall prepare, from time to time, 
articles on the injurious and beneficial insects of Illinois, containing 
the results of his researches, which articles shall be published as 
bulletins of the Agricultural Experiment Station, and shall also be 
issued biennially in an edition of one thousand copies as his official 
report. He shall present to the Governor biennially an executive report 
describing the operations and publications of his office, together with a 
financial statement in detail. 

§ 2. To carry out the provisions of this Act there is hereby appro- 
priated the sum of twenty-five thousand dollars ($25,000.00) per an- 
num: Provided, that five thousand dollars ($5,000.00) per annum, or 
so much thereof as may be necessary, shall be set aside for expenses 
incurred by the State Entomologist under the "Act to prevent the 
introduction and spread in Illinois of the San Jose scale and other 
dangerous insects and contagious diseases of fruits :" And, provided, 
further, that the work outlined in this section shall be carried out on 
lines agreed upon by the State Entomologist and an advisory commit- 
tee to consist of the director of the Agricultural Experiment Station, 
two members to be appointed by the Illinois Farmers' Institute and two 
members to be appointed by the Illinois State Horticultural Society. 

§ 3. The advisory committee herein named shall meet at such times 
and places as may be designated by the State Entomologist, or upon a 
request of a majority of the committee. They shall serve without com- 
pensation, except for expenses, to be paid out of the appropriation 
herein made. 

§ 4. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for the sum herein 
appropriated, 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 expenditures of the preceding install- 
ment have been filed with the Auditor of Public Accounts. 

Approved May 25, 1907. 



52 



BANKS. 



BANKS. 



STATE BANKS. 



§ 1. Amends sections 4, 5, 10 and 11, act 
of 1887. 

§ 4. Organization of directors — 
oath — duties — annual 
meetings — vacancies — 
qualifications of direc- 
tors — monthly meetings 
— penalty. 

§ 5. Certificate and permit of 
Auditor — recording — 
withholding. 



§ 10. Total liabilities for money 
borrowed — limitations — 
loans — remedy — pen- 
alty. 

§ 11. Capital stock — impair- 
ment — proceedings to 
make good or wind up — 
receiver. 

Submission of act to vote of the 
people — proclamation, etc. 



(House Bill No. 522. Appeoved June 3, 1907.) 

An Act to amend sections four (4), five (5), ten (10) and eleven (11) 
of an Act entitled, "An Act concerning corporations with banking 
powers, 3 '' approved June 16, 1887; submitted to a vote of the people 
at the November election, 1888, and adopted, as amended by an Adt 
approved June 3, 1889; submitted to a vote of the people at the 
November election, 1890, and adopted, as amended, by an Act ap- 
proved June 4, i8p?, and ratified by the people at the election of 
November 8, i8p8, and adopted, as amended, November 28, 1898. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections four (4), five (5), 
ten (10) and eleven (11) of an Act entitled, "An Act concerning 
corporations with banking powers," approved June 16, 1887; submitted 
to a vote of the people at the November election, 1888, and adopted, 
as amended by an Act approved June 3, 1889, submitted to a vote of 
the people at the November election, 1890, and adopted, as amended 
by an Act approved June 4, 1897, and ratified by the people at the 
election of November 8, 1898, and adopted, as amended November 28, 
1898, be amended to read as follows: 

§ 4. The directors so elected may proceed to organize by the elec- 
tion of one of their number as president, and may appoint the necessary 
officers and employes and fix their salaries to carry on the business of 
the bank or association and make by-laws (not inconsistent with this 
Act) for the government of the bank or association ; and each director 
shall take and subscribe to an oath, such as the Auditor shall prescribe, 
of fealty to the bank or association of which he is director, and that 
he will, so far as the duty devolves on him, diligently and honestly 
administer the affairs of such bank or association, and will not know- 
ingly violate or willingly permit to be violated any of the provisions 
of this Act ; and that he is the owner in good faith and in his own 
right of the number of shares of stock required by this Act ; and that 
same is not hypothecated or in any way pledged as security for any 
loan or debt. Such oath subscribed by the director making it and 
certified by a proper officer authorized to administer oaths, shall be 
immediately transmitted to the Auditor and shall be filed and preserved 
by him in his office. The directors shall cause to be kept suitable books 



BANKS. 5.'i 



of record of all the transactions of the bank or association, and shall 
furnish to the Auditor lists of the stockholders and copies of any other 
records the Auditor may require. And there shall be an annual meet- 
ing of the stockholders for the election of directors each year on the 
first Monday in January, unless some other date shall be fixed by the 
by-laws of the association. Any omission to elect directors shall not 
impair any of the rights and privileges of the association or of any per- 
son in any way interested, but the existing directors shall hold office 
until their successors are elected and qualified, as in such cases may 
be by law provided. Vacancies may be filled by a two-thirds vote of 
the remaining directors. 

Every director of any bank or association organized under the pro- 
visions of this Act must own in his own right, free of any lien or 
incumbrance, at least ten shares of the capital stock of such bank or 
association of which he is a director. Any director who ceases to 
be the owner of ten shares of the capital stock of such bank or associa- 
tion, or who becomes in any form disqualified, shall therefor vacate 
his place as such director. 

The directors of any bank or association organized under the pro- 
visions of this Act shall hold regular meetings at least once each month, 
and there shall be present a quorum, as may be prescribed by the 
by-laws of such bank or association, approved by the Auditor of 
Public Accounts. 

Any officer, director or employe of any bank or association organized 
under the provisions of this Act, who shall wilfully and knowingly 
subscribe to or make, or cause to be made, any false statement with 
intent to deceive any person or persons authorized to examine into 
rhe affairs of such bank or association, upon conviction thereof, shall 
be punished by imprisonment of not less than one year or more than 
ten years. 

§ 5. When the directors have organized, as in section 4 of this Act, 
and the capital stock of such association shall have been all fully paid 
in and record of the same laid before the Auditor, he shall, by himself 
or some competent person of his appointment, make a thorough exam- 
ination into the affairs of such association, and if satisfied the author- 
ized capital [stock] has been paid in, and that the association has the 
full amount dedicated to the business, including proposed surplus, if 
any, and when they pay into the Auditor's office the reasonable expenses 
of such examination, he shall give them a written or printed certificate 
under seal authorizing them to commence the business designated in 
section 1 of this Act. And said certificate and the permit issued in 
accordance herewith, duly certified by said Auditor, shall be filed and 
recorded in the office for the recording of deeds in the county where 
such bank is organized, and the original or a certified copy thereof 
shall be evidence in all courts of the existence and authority of said 
corporation to do business. Upon the recording of said certificate and 
permit said bank shall be deemed fully organized and may proceed to 
business. 

The Auditor may, in his discretion, withhold the issuing of the 
said certificate authorizing the commencement of business when he is 



54 BANKS. 



not satisfied as to the personal character and standing of the officers or 
directors elected or appointed, in accordance with sections three and 
four of this Act; or when he has reason to believe that the bank is 
organized for any purpose other than that contemplated by this Act. 

§ 10. The total liabilities to any association, of any person or of 
any corporation or firm, for money borrowed, including in the liabili- 
ties of a company or firm the liabilities of the several members thereof, 
shall at no time exceed fifteen per cent of the amount of the capital 
stock of such association actually paid in and unimpaired and fifteen 
per cent of its unimpaired surplus fund. 

Provided, however, that the total liabilities of any such person, com- 
pany or firm, shall at no time exceed thirty per cent of the amount of 
capital actually paid in : And, provdded, further, that undivided profits 
shall not be construed as a part of the surplus ; but the discount of 
bills of exchange drawn in good faith against actually existing values, 
and the discount of commercial or business paper actually owned by 
the person negotiating the same shall not be considered as money 
borrowed. 

Every such loan made in violation of the provisions hereof shall be 
due and payable according to its terms, and the remedy for the recov- 
ery of any money loaned in volation of the provisions hereof, or for 
the enforcement of any agreement, collateral or otherwise, made in 
connection with any such loan, shall not be held to be impaired, affected 
or prohibited by reason of such violation, but such remedy shall exist, 
notwithstanding the same. But every director of any such association 
who shall violate, or participate in, or assent to such violation, or who 
shall permit any of the officers, agents or servants of the association 
to violate the provisions hereof, shall be held liable in his personal and 
individual capacity for all damages which the association, its share- 
holders or any other person shall have sustained in consequence of 
such violation. 

It shall not be lawful for any bank to loan to its president or to any 
of its vice presidents or its salaried officers or employes, or to corpora- 
tions or firms, controlled by them, or in the management of which any 
of them are actively engaged, until an application for such loan shall 
have been first approved, both as to security and amount, by the board 
of directors. 

§ ii. Banks or banking associations may be organized under the 
provisions of this Act in all cities, towns and villages with a minimum 
capital stock according to the population of such cities, towns and vil- 
lages, as follows : 

In all cities, towns and villages of not exceeding five thousand inhab- 
itants, of twenty-five thousand dollars. 

In all cities, towns and villages of over five thousand inhabitants and 
less than ten thousand inhabitants, of fifty thousand dollars. 

In all cities, towns and villages of ten thousand inhabitants and less 
than fifty thousand inhabitants, of one hundred thousand dollars. 

In all cities and towns of fifty thousand inhabitants or more, of two 
hundred thousand dollars. 



BANKS. 55 



Should the capital stock of any bank organized under this Act be- 
come impaired, the Auditor shall give notice to the president to have 
the impairment made good by assessment of the stockholders or a 
reduction of the capital stock of such bank, if the reduction should not 
bring the capital below the provisions of this section ; and if the capital 
stock of said bank shall remain impaired for thirty days after notice 
by the Auditor, he shall have power, and it is hereby made his duty, to 
enter suit against each stockholder in the name of the People of the 
State of Illinois, for the use of said bank, for his or her pro rata pro- 
portion of such impairment, and when collected shall pay over the 
amount thereof to said bank ; and the judgment in such case shall be for 
the amount claimed, with all costs and reasonable attorney's fees, which 
fees shall be fixed by the court ; or, if it appears from the reports made 
to the Auditor under this Act, or from any examination made by or on 
behalf of the Auditor, that the conditions of any bank organized under 
this Act are such that the impairment of the capital stock cannot be 
made good, or that the business of any such bank is being conducted 
in an illegal, fraudulent or unsafe manner, he may in his discretion, 
without having taken the steps provided in this section to make good 
the impaired capital stock, through the Attorney General, file a bill in 
the circuit court of the county in which said bank is located, in the 
name of the People of the State of Illinois against said bank and its 
stockholders for the dissolution of the corporation and for an injunc- 
tion, and for the appointment of a receiver for the winding up of the 
affairs of the bank. And said court, upon presentation of said bill, and 
upon being made satisfied that the capital stock of said bank has be- 
come impaired to such an extent that it cannot be made good, or that 
such bank is being conducted in an illegal, fraudulent or unsafe 
manner, shall immediately appoint a competent and disinterested person 
as such receiver, and shall determine and fix his bonds and shall pre- 
scribe his duties. And said cause shall proceed as other cases in equity. 
And no bill shall be filed nor proceedings commenced in any court 
for the dissolution or for the winding up of the affairs or for the 
appointment of a receiver for any such banking corporation, on the 
grounds of insolvency or impairment of the capital stock of such bank- 
ing corporation or upon the ground that such bank is being conducted 
in an illegal, fraudulent or unsafe manner, except in the name and by 
the authority of the Auditor of Public Accounts, represented by the 
Attorney General. When it shall be ascertained, in the course of the 
administration of the estate of a bank in the hands of a receiver that 
the assets of the bank are insufficient to discharge the entire liability 
of such bank to its creditors, and when the amount of such deficiency 
is determined, the court may, in its discretion, direct the receiver to 
proceed to enforce the liability of the stockholders to creditors provided 
in section 6 of this Act ; and when so directed, such receiver shall have 
the power, and it shall be his dutv, to take such action, by suit or other- 
wise, as the court may direct, to enforce such liability for the benefit 
of the creditors and to disburse to creditors the amounts collected 
thereon, in the same manner as disbursements are made to creditors of 
the assets of the bank. 



56 BANKS — BASTARDY. 



Such receiver shall file with the Auditor a copy of each report which 
he makes to the court appointing him, in order that the said Auditor 
may have at his command a complete record of all State institutions 
whose business has been so liquidated. 

At any time, whenever a majority in number and amount of the 
creditors of any such bank or association, after any such receiver shall 
have been appointed, shall petition the court for the appointment of 
any person nominated by them as receiver, who is a reputable person 
and elector of the county in which such bank or association is located, 
it shall be the duty of the court to make such appointment, and all the 
rights and duties of his predecessors shall at once devolve upon such 
appointee. 

§ 2. This Act shall be submitted to a vote of the people for their 
ratification, according to article XI, section 5, of the constitution of 
this State, at the next general election, and the question shall be "For 
the amendment of sections 4, 5, 10 and 11 of the General Banking 
Law" or "Against the amendment of sections 4, 5, 10 and 11 of the 
General Banking Law," and it shall be the duty of the officials now 
required by law to print and distribute ballots for use in elections to 
prepare and distribute ballots for such submission, such ballots to be 
prepared, printed and distributed in accordance with the provisions 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, 
1 89 1, and all amendments thereto; and to do all such other acts as are 
required by law ; and if approved by a majority of all the votes cast 
at such election for or against such law, the Governor shall thereupon 
issue his proclamation that this Act is then in force. 

Approved June 3, 1907. 



BASTARDY. 



EXAMINATION OF DEPENDANT. 

§ 1. Amend sections 1 and 3 of act of I § 3. Examination — bond. 

1872. •. I 

§ 2. Emergency. 
S 1. Complaint by mother. 

(Senate Bill No. 11. Approved February 11, 1907.) 

An Act to amend sections one and three of an Act entitled, "An Act 
concerning bastardy," approved April 3, 18/2, and in force July 
1, 1872. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections one (1) and three 
(3) of an Act entitled, "An Act concerning bastardy," approved April 
3, 1872, and in force July 1, 1872, be and the same are hereby amended 
so as to read as follows : 



BASTARDY— CEMETERIES. 57 



§ I. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That when an unmarried woman 
who shall be pregnant or delivered of a child which by law would be 
deemed a bastard, shall make complaint to a justice of the peace or 
judge of a municipal court in the county where she may be so preg- 
nant or delivered, or the person accused may be found, and shall accuse, 
under oath or affirmation, a person with being the father of such 
child, it shall be the duty of such justice or judge to issue a warrant 
against the person so accused and cause him to be brought forthwith 
before him, or in his absence, any other justice of the peace or judge in 
such county. 

§ 3. Upon his appearance, it shall be the duty of said justice or 
judge to examine the woman, upon oath or affirmation, in the presence 
of the man alleged to be the father of the child, touching the charge 
against him. The defendant shall have the right to controvert such 
charge, and evidence may be heard as in cases of trial before the county 
court. If the justice or judge shall be of the opinion that sufficient 
cause appears, it shall be his duty to bind the person so accused in 
bond, with sufficient security, to appear at the next county court to be 
holden in such county, to answer such charge, to which court said 
warrant and bond shall be returned, except that in the county of 
Cook, where said warrant and bond shall be returned to the criminal 
court of Cook county. On neglect or refusal to give bond and security, 
the justice or judge shall cause such person to be committed to the jail 
of the county, there to be held to answer the complaint. 

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

Approved Feb. n, 1907. 



CEMETERIES. 



PUBLIC GRAVEYARDS. 
{ 1. Amends section 1, act of 1879. § 2. Emergency. 

§ 1. Election of trustees. 

(House Bill No. 184. Approved March 22, 1907.) 

An Act to amend section one of an Act entitled, "An Act in relation 
to the control of public graveyards" approved May 29, 1879, in 
force July 1, 1879. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section one of an Act entitled, 
"An Act in relation to the control of public graveyards," approved May 
29, 1879, m force July 1, 1879, be amended so as to read as follows: 

§ 1. That public graveyards in this State, not under the con- 
trol of any corporation, sole organization or society, and located within 
the limits of cities, villages, town, townships or counties not under 



58 CEMETEEIES — CHARITIES. 



township organization, shall and may be controlled or vacated by the 
corporate authorities of such city, village, town, township or county, in 
such manner as such authorities may deem proper, and in the case of 
towns, such control may be vested in three trustees. Said trustees 
shall be elected by the voters of such town at the next annual town 
meeting therein, and their term of office shall be one, two and three 
years, respectively. Immediately after their election, said trustees 
shall determine by lot which of them shall hold the one year term of 
office, which the two year term and which the three year term. At 
each annual town meeting succeeding the next annual town meeting in 
such town, there shall be elected one cemetery trustee, whose term of 
office shall be for three years, or until his successor is elected and 
qualified. 

§ 2. Whereas, An emergency exists, this Act shall take effect from 
and after its passage. 

Approved March 22, 1907. 



CHARITIES. 



ASYLUM FOR INCURABLE INSANE — NAME CHANGED, ETC. 

§ 1. Amends sections 1, 4, 5, 6, 7 and 8, § 6. Transfer of incurable in- 

act of 1895. sane. 



§ 1. Name changed to "Illinois 
General Hospital for In- 
sane." 



§ 7. Incurable insane from 
counties. 

§ 8. Expenses of transfer. 



§ 4. Medical superintendent. 
§ 5. Inspection. 

(Senate Bill No. 482. Approved June 3, 1907.) 

An Act to amend sections i, 4, 5, 6, 7 and 8 of an Act entitled, "An 
Act to provide for the location, erection, organization and manage- 
ment of an asylum for the incurable insane, and making an appro- 
priation for the construction of necessary buildings," approved 
June 21, 1895, * n force July 1, 1895. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 1, 4, 5, 6, 7 and 8 
of an Act entitled, "An Act to provide for the location, erection, organi- 
zation and management of an asylum for the incurable insane, and 
making an appropriation for the construction of necessary buildings," 
approved June 21, 1895, in force July 1, 1895, be amended so as to 
read as follows : 

§ 1. That there be and is hereby created and established a 
hospital for the proper care and custody of the incurable insane of 
the State, to be known as the "Illinois General Hospital for the Insane." 
The said hospital shall be located upon grounds hereafter to be selected 
and located by a commission of three citizens of the State, to be 
appointed by the Governor. It shall be the duty of said commission to 
locate said buildings in the most favorable situation in the State, hav- 
ing in view the best interests of the State. 

§ 4. When the hospital shall be ready for occupancy the commission- 
ers shall appoint a medical superintendent of the hospital, who shall be 



CHARITIES. 



59 



a well educated physician, experienced in the treatment of the insane, 
whose duties shall be the same as in the several hospitals for the in- 
sane in this State, as provided by law. 

§ 5. The said hospital shall be subject to the inspection of the State 
Eoard of Commissioners of Public Charities, in the same manner as 
now provided by law for their inspection of the several charitable in- 
stitutions of this State, and their powers and duties with relation to 
such hospital shall be the same. 

§ 6. When the Illinois General Hospital for the Insane is opened 
for the reception of patients, the medical superintendents of the North- 
ern Hospital for the Insane at Elgin, the Illinois Eastern Hospital for 
the Insane at Kankakee, the Illinois Central Hospital for the Insane at 
Jacksonville and the Illinois Southern Hospital for the Insane at Anna 
shall, with the consent of the board of trustees or board of commis- 
sioners of their respective institutions, proceed to transfer to said 
Illinois General Hospital for the Insane all incurable insane who may 
be in their respective institutions. 

§ 7. At any time after the Illinois General Hospital for the Insane 
is opened for the reception of patients, it shall be the duty of the chair- 
man of the board of supervisors in counties under township organiza- 
tion, and the chairman of the board of commissioners in counties not 
under township organization, to order transferred all incurable insane 
patients confined in their almshouses in their respective counties : Pro- 
vided, -first, that all said patients shall have been discharged from 
either of the insane hospitals of the State of Illinois as incurable insane. 

§ 8. The expenses of the transfer of any incurable insane persons 
from either of the insane institutions of the State shall be paid out of 
any funds in the State treasury not otherwise appropriated. The 
expenses of transferring incurable insane persons from either the 
county almshouses located in any of the counties of the State shall be 
paid by the respective counties sending such incurable insane patients 
to said Illinois General Hospital for the Insane. 

Approved June 3, 1907. 

CHILDREN— COUNTY DETENTION HOMES. 

§ 1. Power and authority of county § 5. Additional tax levy, 
board upon adoption of act. 

§ 2. Employes and facilities. 

8 3. Superintendent and matron — ap- 
pointment — salary — employes — 
supplies and repairs. 

§ 4. Duties of superintendent or matron 
— record of children — expendi- 
tures — annual report. 

(Senate Bill No. 319. Approved May 13, 1907.) 

An Act to authorize county authorities to establish and maintain a 
Detention Home for the temporary care and custody of dependent, 
delinquent or truant children, and to levy and collect a tax to pay 
the cost of its establishment and maintenance. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the board of county commis- 



§ 6. How act adopted — form of ballot — 
record of adoption — tax levy. 

§ 7. How act abandoned — form of ballot 
— record of abandonment. 

§ 8. Temporary commitment. 



60 CHAEITIES. 



sioners, or the board of supervisors, as the case may be, in any county 
in this State, shall have the power and authority to locate, purchase, 
erect, lease or otherwise provide and establish, and also to support 
and maintain, a Detention Home for the temporary care and custody 
of dependent, delinquent or truant children, and to levy and collect a 
tax to pay the cost of its establishment and maintenance in accordance 
with the terms and provisions of this Act: Provided, this Act be 
adopted by the legal voters of such county, as hereinafter provided. 

§ 2. Such Detention Home shall be so arranged, furnished and 
conducted that, as near as practicable for their safe custody, the in- 
mates thereof shall be cared for as in a family home and public school. 
To this end the employes provided for and selected to control and 
manage such home shall consist of a discreet woman of good moral 
character, or a man and woman of good moral character, who shall 
be respectively designated as "superintendent" and "matron" of the 
Detention Home, and shall reside therein, and at least one of whom 
shall be competent to teach and instruct children in branches of educa- 
tion similar to those embraced in the curriculum of the public schools 
of the county up to and including the eighth grade, and such help or 
assistance as in the opinion of the county commissioners, or board of 
supervisors, as the case may be, shall deem necessary to the proper 
care and maintenance of such home. Such home shall be supplied 
with all necessary and convenient facilities for the care of the inmates 
as herein provided. 

§ 3. The superintendent and matron shall be designated and ap- 
pointed by the county judge, to serve during his pleasure, and shall 
receive such salary, payable in monthly installments, as the board of 
supervisors, or board of commissioners, as the case may [be], shall 
provide and fix such appointments to be approved by a majority vote 
of the county board of [or] county commissioners, as the case may be, 
at the next meeting after such appointment ; and if such appointment be 
not confirmed, the appointees shall receive no compensation from the 
county for services rendered after his or her appointment is disap- 
proved. All other necessary employes for the conduct, care and mainte- 
nance of said home shall be selected, named, appointed and confirmed 
in like manner, upon such salaries as shall be fixed and approved by 
the county commissioners, or board of supervisors of the county, as 
the case may be. The supplies or repairs necessary to maintain, oper- 
ate and conduct said home, shall be furnished upon the requisition of 
its superintendent to the chairman of such committee as may be desig- 
nated by the county commissioners, or board of supervisors of the 
county, as the case may be, and the bills therefor shall be audited, passed 
upon and paid as other bills for supplies furnished for county institu- 
tions. 

§ 4. It shall be the duty of the superintendent or matron to receive 
and detain temporarily all children who are committed to the home 
by the court, until further order of the court of said home, to keep a 
complete record of all children committed thereto, which record shall 
contain the name, residence, address and age of each child and the 



CHARITIES. <)J 



cause or reason of its detention, the length of time detained, the offense 
alleged to have been committed by such child, if any, and other useful 
data or information that may be directed to be kept by the county 
judge of such county. A record shall also be kept by such superin- 
tendent of all expenditures made by the county for the care and main- 
tenance of such home. An annual report to the county commis- 
sioners, or board of supervisors, as the case may be, shall be made to 
Dec. ist in each year by the superintendent, and he shall file a copy 
thereof with the county clerk of the county, which shall contain an 
itemized statement of all such expenses necessary to maintain such 
home, together with the number of inmates therein during each month. 
The county commissioners or board of supervisors, as the case may 
be, or the county judge of said county, may at any time demand, in 
which case it shall be the duty of the superintendent to furnish, such 
information as said county commissioners, or board of supervisors, as 
[or] county judge may require concerning the conduct, maintenance 
or inmates of the home. 

§ 5. The board of county commissioners, or the board of supervis- 
ors, as the case may be, of any county, shall have the power and 
authority, in addition to taxes levied and collected for other county 
purposes, and in addition to the 75 cents per $100.00 valuation limit 
of taxation, now provided for county purposes, to annually levy and 
collect a tax not exceeding one mill on the dollar valuation upon air 
property within the county, for the purpose of purchasing, erecting, 
leasing or otherwise providing, establishing, supporting and maintain- 
ing such Detention Home: Provided, this Act shall be adopted and 
the levy and collection of such tax authorized by the legal voters of 
the county in the manner provided by section 6 of this Act. 

§ 6. The electors of any county may adopt this Act in the following 
manner : Whenever the legal voters of such county to the number of 
25 per cent of the votes cast at the last .general election shall petition 
the county judge of such county, not less than thirty days before any 
general election in such county, to submit the proposition whether or 
not the electors shall adopt this Act, it shall be the duty of the county 
judge to submit such proposition at the next general election. The 
proposition so to be voted for shall be on a separate ballot in plain 
prominent type, and be prepared and provided for that purpose in 
the same manner as other ballots. 



For adoption of the Act to authorize county authori- 
ties to establish and maintain a Detention Home for Yes. 
dependent, delinquent or truant children, and to 
levy and collect a tax of not exceeding one mill on 
the dollar valuation, to pay the cost of its establish- 
ment and maintenance. ^°- 



If the majority of the votes cast for and against such proposition 
shall be for such proposition, the Act shall be adopted, and the county 



62 CHARITIES. 



judge shall enter of record an order declaring this Act in force in 
such county, and the tax provided for in the Act shall thereafter be 
annually levied and collected in such county for the purposes specified 
in this Act until such time as the legal voters of the county shall 
abandon this Act in manner provided in section 7 of this Act. 

§ 7. The electors of any county which shall have adopted this Act 
as provided by section 6 thereof, may abandon and repeal this Act in 
the following manner: Whenever the legal voters of such county to 
the number of 25 per cent of the votes cast at the last general election 
in such county shall petition the county judge, not less than thirty 
days before any general election, to submit the proposition whether or 
not the electors of such county shall abandon this Act, it shall be 
the duty of the county judge to submit such proposition at the next 
general election. The proposition so to be voted for shall be on a sep- 
arate ballot in plain, prominent type, and be prepared and provided for 
that purpose in the same manner as other ballots. 



To abandon an Act to authorize county authorities to 
establish and maintain a Detention Home for de- 
pendent, delinquent or truant children, and to dis- 
continue the levy and collection of a tax of not 
exceeding one mill on the dollar valuation to pay 
the cost of establishment and maintenance. 




If a majority of the votes cast for and against such proposition shall 
be for such proposition to abandon this Act. the Act shall be deemed 
abandoned, and the county judge shall enter of record an order declar- 
ing this Act abandoned in such county. 

§ 8. Any court acting under and in pursuance of an Act entitled, 
'An Act to regulate the treatment and control of dependent, neglected 
and delinquent children," approved April 21, 1899, or any amendments 
thereto, may commit any child coming within the terms of said Act to 
said home temporarily. 

Approved May 13, 1907. 



CHILDREN IN FAMILY HOMES— VISITATION. 

§ 1. Amends section 3, act of 1905. I § 3. Increases salary of state 

agent — provides for four 
visitors and other em- 
ployes. 

(Senate Bill No. 475. Approved Mat 25, 1907.) 

An Act to amend section three (3) of an Act entitled "An Act to pro- 
vide for the visitation of children placed in family homes." (Approved 
May 13, 1905, in force July 1, 1905.) 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section three (3) of an Act 



CHARITIES. 



63 



entitled "An Act to provide for the visitation of children placed in 
family homes," approved May 13, 1905, in force July 1, 1905, be 
amended so as to read as follows : 

§ 3. It shall be the duty of the State Board of Public Charities 
to appoint a State agent who shall receive a salary of $1,500 per annum, 
in addition to his actual and necessary traveling expenses incurred in 
the performance of his official duties ; and to appoint such number of 
visitors not exceeding four and pay such compensation for such visitors, 
as shall be approved by the Governor, such compensation to be paid in 
addition to the actual and necessary traveling expenses incurred by 
said visitors in the performance of their official duties. These visitors 
shall be discreet men and women selected with special view to their 
wisdom and fitness for visiting children and shall be appointed by civil 
service procedure and shall be subject to the provisions of the State 
civil service law. The State Board of Charities is also hereby author- 
ized and empowered to appoint such other employes as are necessary 
to perform the clerical work and other office work of the State agent 
and to pay said employes from the incidental expense appropriation 
made for the department for the visitation of children. 

Approved May 25, 1907. 



INSANE— CARE AND CURATIVE TREATMENT. 



I 1. 

§ 2. 

§ 3. 

§ 4. 

§ 5. 

§ 6. 

§ 7. 

i 8. 



State to be divided into districts. 



Apportionment 
changes. 



copy — notices — 
removal from 



Vacancies in asylums 
counties. 

Additional buildings on grounds of 
each state asylum. 

Disposition of insane patients in 
counties. 

Transportation of patients — trained 
attendant — expenses. 

Pauper and indigent insane. 

Transfer to another state asylum — 
emergencies. 



§ 9. Order for transfer of county pat- 
ients to another district — re- 
movals. 

§ 10. Recommendations for additional 
buildings. 

§ 11. Intent and meaning of act. 

§ 12. Annual report to Governor. 

§ 13. Certain counties exempted — proviso. 

§ 14. Counties of over 150,000. 

§ 15. Word "insane" defined. 

§ 16. Return or commitment of insane to 
county, etc. 

§ 17. Support of inmates. 



(Senate Bill No. 85. Approved June 4, 1907.) 

An Act to promote the care and curative treatment of the insane. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: [That] the State Commissioners of 
Public Charities are hereby required to divide the State into districts, 
for the purpose of regulating the admission of patients into State 
hospitals for the insane. The said commissioners shall have power to 
change the boundaries of such districts, from time to time, as may be 
necessary or expedient : Provided, that any regulations which they 
may make on this subject shall not have the force of law until after 
they shall have been submitted to the Governor and approved by him. 



64 OHAEITIES. 



§ 2. Whenever such division or regulation shall have been made 
and approved as aforesaid, the said State commissioners shall forthwith 
make and sign a report to that effect, designating the boundaries of 
and the counties included within each district and the number of 
patients apportioned to each asylum, and file the same with the Secre- 
tary of State, and send a copy thereof to the trustees and superintendent 
of each asylum, and to each county judge, and to the clerk of each 
county in the State, to be filed in his office, and thereafter the State 
shall for all the purposes of this Act be deemed to be divided into 
such districts. Whenever any change in such classification or regula- 
tion shall thereafter be made and approved, a like report shall be made 
and filed, and a copy thereof sent to the county judges and to the 
clerks of all counties affected by such change, as well as to the trustees 
and superintendents of the respective State asylums. 

§ 3. In order to carry out the intention of this Act, the State Com- 
missioners of Public Charities are directed to ascertain from time to 
time what vacancies, if any, exist in any one or more of the State insane 
asylums, and said commissioners are hereby authorized and required 
to forthwith cause the removal to such asylum or asylums, from some 
one or more of the counties of the district to which said asylum has been 
assigned, under the provisions of this Act, as many of the insane 
patients in county asylums and almshouses as can be accommodated. 
Such removal to be made pursuant to the provisions of section 6 of this 
Act. 

§ 4. To provide for the insane of the district in which each State 
asylum is situated, should the existing accommodations not be sufficient 
for this purpose, there shall be erected on the grounds of such asylum 
a sufficient number of buildings of a moderate size, each being designed 
to accommodate not less than ten nor more than one hundred and fifty 
patients. It shall be the duty of the trustees of each State asylum, 
within ninety days after they shall have received a copy of the report 
of the commissioners of public charities, as provided in section 2, to 
cause to be prepared plans, specifications and estimates of the cost and 
equipment of such buildings, and to submit same to said commissioners 
of public charities, and said commissioners shall thereupon proceed to 
examine said plans, specifications and estimates, and shall have power 
to summon before them the superintendent of the asylum, on whose 
grounds the said buildings are proposed to be erected, for explanations 
and suggestions in regard to the same. When the plans of any pro- 
posed building or buildings shall have been approved by said commis- 
sioners, and appropriations for the purpose shall have been provided 
by the Legislature, the trustees shall cause to be erected and equipped, 
at the earliest practicable day, consistent with the best interests 
of the State, the building or buildings so proposed, and the cost of the 
same, including the necessary equipment for heating, lighting, ventila- 
tion, fixtures and furniture, shall in no case exceed the amount of the 
estimates therefor approved by said commissioners. The cost of said 
buildings and equipment shall be paid by the Treasurer of the State 
on warrants of the Auditor from the sums appropriated by the Legis- 
lature for this purpose, upon vouchers of the trustees of the asylum 



CHARITIES. ti5 



where the buildings are to be erected ; and these vouchers shall be made 
in accordance with the forms prescribed by the Auditor. Upon the 
completion of said buildings, the trustees erecting the same shall forth- 
with in writing certify this fact to the State Commissioners of Public 
Charities. 

§ 5. After receiving such certificate from said trustees, the said 
State Commissioners of Public Charities shall ascertain whether the 
buildings are ready for occupancy, ancT if they find them to be ready 
they shall forthwith direct the superintendents of the county asylums 
or almshouses in each county within the district, in which said State 
asylum so certified is situated, to send such number of insane patients 
to said State asylum as can be therein accommodated. Each of the 
State asylums for the insane shall receive patients, whether in an acute 
or chronic condition of insantiy, from the district in which the asylum 
is situated, subject to the power of removal from one State asylum to 
another under the provisions of section eight of this Act. 

§ 6. All county authorities sending a patient to any asylum under 
the provisions of this Act, shall, before sending him, see that he is in 
the state of bodily cleanliness and is comfortably clothed, in accordance 
with regulations to be prescribed by the State Commissioners of Public 
Charities. The said patients shall be sent by said county authorities 
in the manner prescribed by said State Commissioners of Public Chari- 
ties to the State asylum within the district embracing said county at 
the expense of the State, and any State asylum to which such patient 
is to be sent may be required by and under the regulations made by 
said State Commissioners of Public Charities, to send a trained attend- 
ant to bring the patient to the asylum. In all cases there shall be pro- 
vided a female attendant for every female patient, unless she be accom- 
panied by her husband, father, brother or son. After said patient or 
patients has or have been delivered to the said State asylum, the care 
and custody of the county authorities over said insane person shall 
cease. The bills for the reasonable expenses incurred in the transpor- 
tation of patients to the State asylums, after they have been approved 
in writing by the State Commissioners of Public Charities, shall be 
paid by the treasurer of the asylum on warrants properly drawn from 
the funds provided for the support of the State asylum. 

§ 7. After sufficient accommodations shall have been provided in 
State institutions for all the pauper and indigent insane of all the 
counties of the State, the cost of clothing and other incidental expenses 
of county insane patients in State insane asylums shall not be a charge 
upon any county after the first of January next ensuing, but the cost 
of the same shall be paid out of the funds provided by the State for the 
support of the insane. It shall be the duty of the State Commissioners 
of Public Charities to determine whether the accommodations are suffi- 
cient within the purview of this section, and to hold a meeting for that 
purpose and if satisfied of the sufficiency of such accommodations, to 
make a certificate to that effect and file the same with the Secretary of 
State and send a copy thereof to the trustees and superintendents of 



-5L 



66 CHARITIES. 



each State and county asylum, and to each county judge, and to the 
clerk of each county in the State, to be filed in his office. Until such 
certificate is made and filed the said cost of clothing and other incidental 
expenses of county insane patients shall continue to be a charge upon 
the county as under existing laws. 

§ 8. In case the buildings of any State asylum shall at any time be- 
come overcrowded in carrying out the provisions of this Act, or the 
number of said buildings be reduced by fire or other casualty, the State 
Commissioners of Public Charities hereby are empowered in their dis- 
cretion to cause the transfer of patients therefrom to another State 
asylum, where they can be conveniently received, or to make, in special 
emergencies temporary provision for their care, and all expenditures 
under this section shall be chargeable to the State and paid out of any 
appropriation made to carry out the provisions of this Act. 

§ 9. Whenever in any district, established under the provisions of 
this Act, the buildings now existing and erected as herein provided for 
the use of the insane shall be filled with patients to their full capacity, 
the trustees thereof shall not receive further patients until vacancies oc- 
cur, or new or additional accommodations are provided, and then only to 
the extent of the accommodations supplied. In any such case the condi- 
tion of the asylum, so far as pertains to the purposes of this section, 
shall be certified by the trustees thereof to the State Commissioners of 
Public Charities, whereupon said commissioners shall, in compliance 
with rules to be made by said commissioners and communicated from 
time to time to the county judges, county clerks, and the trustees of the 
respective State asylums, make an order for the transfer of any pauper 
or indigent patient from the district in which there are no suitable 
accommodations to one, if any, in which suitable accommodations for 
his care exist. Preference is to be given to an asylum in an adjoining 
rather than to one in a remote district. Such order shall be executed in 
a mode prescribed by the State Commissioners of Public Charities. The 
expenses of the transfer of said pauper patients to said asylums beyond 
the limits of the district where the patient is regularly to be cared for, 
shall be chargeable to the State, and the bills for the same, when ap- 
proved by the State Commissioners of Public Charities, shall be paid by 
the Treasurer of the State on the warrants of the Auditor out of any 
moneys appropriated to carry out the provisions of this Act. In case 
any insane person, his relatives, guardians or friends may desire that 
he may become an inmate of any State asylum situated beyond the 
limits of the district where he resides, and there be sufficient accommo- 
dation there to receive him, he may be received there in the discretion 
of the State Commissioners of Public Charities and the superintendent 
of such asylum. Any expense of removal, in such case, must be borne 
by the said insane persons' guardians, relatives or friends, as the case 
may be. 

§ 10. The State Commissioners of Public Charities, whenever they 
shall deem it necessary and expedient, by reason of overcrowding, or 
in order to prevent the same, shall, in their annual report to the Gov- 
ernor recommend the erection of such additional buildings on the 



CHARITIES. . 67 



grounds of any or all State asylums then existing as shall in the judg- 
ment of said commissioners, provide sufficient accommodations for the 
immediate prospective wants of the insane of this State; or, if said 
commissioners deem it more expedient, they shall recommend the estab- 
lishment of another State asylum or asylums in such part of the State 
as in their judgment will best meet the requirements of the insane. 

§ ii. It is the intent and meaning of this Act that, when and after 
the State shall have been divided into districts, as herein provided, and 
sufficient accommodations in State institutions shall have been provided 
for all the insane of all the counties of the State, and certified, as set 
forth in the seventh section of this Act, no insane person shall be per- 
mitted to remain under county care, but that all the insane who are now, 
or who may hereafter become a public charge, shall be transferred to 
the respective State asylums without unnecessary delay, there to be re- 
garded and known as the wards of the State, and to be wholly sup- 
ported by the State. 

§ 12. The State Commissioners of Public Charities shall hereafter 
furnish the Governor, on or before the first day of December in each 
year, an estimate of the probable number of patients who will become in- 
mates of the respective State asylums during the year beginning Janu- 
ary first ensuing, and the cost of the additional buildings and equip- 
ment, if any, which will be required to carry out the provisions of this 
Act. After the certificate as to sufficiency of accommodation shall have 
been filed as provided by section seven of this Act, the trustees of each 
of the State asylums shall, on or before the first day of December in 
each year, furnish to the Governor an estimate of the cost of maintain- 
ing the probable number of patients who will be inmates of the respec- 
tive asylums during the year beginning January first next ensuing. On 
the basis of these estimates the Governor shall, in his next annual 
message to the legislature, state his estimate of the amount to be pro- 
vided for by the State for the support of such insane persons, and for 
the erection and equipment of such buildings as may be recommended. 

§ 13. The foregoing provisions of this Act shall not apply to or 
include counties of over one hundred and fifty thousand inhabitants, 
until all the counties of this State having a population of less than 
150,000 shall have been provided for and except as provided in the suc- 
ceeding section of this Act, nor shall it be construed to affect those pro- 
visions of existing statutes by which such counties aforesaid are now 
permitted to send their acute and chronic insane to State asylums. 

§ 14. Whenever the counties of over one hundred and fifty thou- 
sand inhabitants, or any one of them, desire to be included in the pro- 
visions of this Act, application may be made in writing to the Governor, 
by the respective county authorities in either of said counties, to trans- 
fer any or all of such buildings, land, appurtenances and equipment as 
are used by them as county insane asylums to the State for the same 
purpose. The Governor shall thereupon transmit said application to 
the State Commissioners of Public Charities, whereupon said commis- 
sioners shall examine into the condition of such buildings, land, appur- 
tenances and equipment, with a view to ascertain whether such prop- 



68 CHARITIES. 



erty is suitable for the purposes of a State asylum for the insane ; and 
shall report its findings and conclusion to the Governor. Whereupon, 
if the Governor shall approve the same, said county insane ayslum shall 
be converted into a State asylum for the insane, the insane persons in 
said county asylums, and those received thereafter, shall be provided 
for in accordance with the provisions of this Act. 

§ 15. The word "insane" as used in this Act, shall be construed 
to mean any person who, by reason of unsoundness of mind, is in- 
capable of managing and caring for his own estate, or is dangerous 
to himself or others, if permitted to go at large, or is in such con- 
dition of mind or body as to be a fit subject for care and treatment in 
a hospital or asylum for the insane: Provided, that no person, idiot 
from birth, or whose mental development was arrested by disease or 
physical injury occurring prior to the age of puberty, and no person 
who is afflicted with simple epilepsy shall be regarded as insane, un- 
less the manifestations of abnormal excitability, violence or homicidal 
or suicidal impulses are such as to render his confinement in a hos- 
pital or asylum for the insane a proper precaution to prevent him 
from injuring himself or others. 

§ 16. No insane person now or hereafter, under the care of any 
State asylum in this State, shall be returned or committed to the care 
of any county insane asylum or almshouse, or to any county, town or 
city authorities; and the said county, town and city authorities are 
hereby forbidden to receive any such patient who may be returned or 
committed to them in violation of this section. The foregoing provi- 
sions of this section shall not apply to the counties, or to the county 
authorities of the counties named in section thirteen of this Act, except 
as to such county or counties, or the authorities thereof, as shall have 
transferred to the State their county insane asylums as provided in sec- 
tion thirteen of this Act. 

§ 17. The State Commissioners of Public Charities shall secure from 
relatives or friends, who are liable or may be willing to assume the 
costs of support of inmates of State hospitals supported by the State, 
reimbursement, in whole or in part, of the money expended for such 
support ; said commissioners may appoint agents, whose duty it shall be 
to secure from relatives and friends who are liable therefor, or who may 
be willing to assume the costs of the support of any such inmates, re- 
imbursement, in whole or in part, of the money so expended. The com- 
pensation of each agent shall not exceed five dollars a day and the neces- 
sary traveling and other incidental expenses actually incurred by him 
to be approved by the Auditor of Public Accounts. 

The said commissioners may fix a rate to be paid for the support of 
the inmates of State hospitals by the relatives liable for such support, 
or by those not liable for such support but willing to assume the costs 
thereof, but such rate shall be sufficient to cover the proper proportion 
of the cost of maintenance and necessary repairs and improvements. 

Approved June 4, 1907. 



CHARITIES. 69 



JUVENILE COURTS— PROBATION OFFICERS. 

§ 1. Amends section 6, of act of 1899. j § 6. Probation officers in coun- 

ties of less than 500,000 
inhabitants. 

(House Bill No. 53. Approved April 19, 1907.) 

An Act to amend section six (6) of an Act entitled, "An Act to regu- 
late the treatment and control of dependent, neglected and delinquent 
children," approved April 21, 1899, JW force July 1, 1899, and as 
amended by an Act approved May 13, 1905, in force July 1, 1905. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section six (6) of an Act 
entitled, "An Act to regulate the treatment and control of dependent, 
neglected and delinquent children," approved April 21, 1899, in force 
July 1, 1899, an< i as amended by an Act approved May 13, 1905, and 
in force July 1, 1905, be and the same is hereby amended so. as to read 
as follows: 

§ 6. Probation officers.] The court shall have authority to 
appoint or designate one or more discreet persons of good character to 
serve as probation officers during the pleasure of the court ; said pro- 
bation officers to receive no compensation from the public treasury. In 
case a probation officer shall be appointed by any court, it shall be the 
duty of the clerk of the court, if practicable, to notify the said proba- 
tion officer in advance when any child is to be brought before the 
court; it shall be the duty of the said probation officer to make such 
investigation as may be required by the court ; to be present in court 
in order to represent the interest of the child when the case is heard ; 
to furnish to the court such information and assistance as the judge 
njay require ; and to take such charge of any child before and after trial 
as may be directed by the court: Provided, hozvever, that in counties 
having over five hundred thousand population, the judges of the circuit 
court, by rule to be entered of record, shall determine a number of 
probation officers, including one head probation officer, to be employed 
during each year, who shall be paid a suitable compensation for their 
services. The head probation officer shall have charge and control of 
all other probation officers, subject to the direction of the court. The 
judges of said court shall notify the president of the board of county 
commissioners or supervisors of said county, as the case may be, of 
the number of said probation officers so determined, who are to be 
paid as herein provided ; and said probation officers, including the head 
probation officer, as aforesaid, shall be appointed in the same manner 
and under the same rules and regulations as other officers or employes 
in the said county under the board of commissioners or supervisors of 
the county, as the case may be, and shall be paid a suitable compensa- 
tion by the county for their services, the amount thereof to be deter- 
mined by such board of commissioners or supervisors, as the case may 
be: Provided, further, that in counties having a population of less than 
five hundred thousand (500,000), the county judge of any such county 
shall have the authority to designate some suitable person to act as 



70 CHAEITIES. 



probation officer, during the pleasure of the court; and such probation 
officer shall be paid a suitable compensation for his services, such com- 
pensation to be fixed by the board of county commissioners, or board of 
supervisors of such county, as the case may be, such compensation to be 
paid out of the county treasury by such county, monthly, upon certifi- 
cation by the county judge of such county. Such board of county 
commissioners or board of supervisors of any such counties may, if 
they deem it necessary or advisable, upon recommendation of the 
county judge, provide for the employment of additional probation offi- 
cers, and shall have like authority to fix their compensation; and if 
such additional probation officers are authorized, as aforesaid, the same 
shall be appointed by the county judge of such county, and be paid 
out of the county treasury, monthly, upon proper certification of such 
county judge. Such probation officers shall have the same powers and 
perform the same duties as other probation officers under the provisions 
of this Act. Nothing herein contained, however, shall be held to limit 
or abridge the power of the judge or judges so designated under sec- 
tion 3 of this Act to hear cases coming under this Act, to appoint per- 
sons or probation officers whom said judge or judges may see fit, and 
who shall serve without pay for such services as probation officers. 
Approved April 19, 1907. 



JUVENILE COURTS — REVISION. 



§ 1. Amends title, and sections 1, 4, 5, 
7, 8, 9, 15 and 22, and adds nine 
sections, act of 1899. 



2 [1]. 


Definition. 


4. 


Petition to court. 


5. 


Summons. 


7. 


Dependent and neg- 
lected children. 


8. 


Guardianship. 


9. 


Disposition of delin- 
quent children. 


9a. 


Process against delin- 
quent child. 



§ 9b Placing in hospital, 
etc. 

§ 9c. Authority of guardian. 

§ 9d. Return to home on 
probation. 

§ 9e. Report — citation into 
court 

§ 15. Adoption of child. 

§ 22. Support of child. 

§ 23. Assignment of wages, 
etc. 

§ 24. Interpretation. 

§ 25. Partial invalidity of 
act 

§ 26. Cases reviewed by writ 
of error. 

(House Bill No. 484. Approved June 4, 1907.) 

An Act to amend an act entitled, "An Act to regulate the treatment 
and control of dependent, neglected and delinquent children," ap- 
proved April i, i8pp, in force July i, i8pp, as amended by an act 
approved May ii. ipoi, in force July I, ipoi, and as further 
amended by an act approved May 16, 1905, in force July 1, 1905, by 
amending the title and sections 1, 4, 5, J, 8, 9, 15, and 22 thereof, and 
by adding thereto nine (9) new sections to be known as sections 
pa, 9b, pc, pd, pe, 23. 24, 25 and 26. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
represented in the General Assembly: That an act entitled, "An Act 
to regulate the treatment and control of dependent, neglected and de- 



CHARITIES. 



linquent children," approved April 21, 1899, in force July 1, 1899, as 
amended by an act approved May II, 1901, in force July 1, 1901, and 
as further amended by an act approved May 16,1905, in force July 1, 
1905, be and it is hereby amended so that the title thereof and nine (9) 
new sections which are hereby added to said act to be known as sections 
9a, 9b, 9c, 9d, 9e, 23, 24, 25 and 26 and sections 1, 4, 5, 7, 8, 9, 15 and 
22 of said act shall read as follows : 

The title of this act shall read as follows : An Act relating to child- 
ren who are now or may hereafter become dependent, neglected or 
delinquent, to define these terms, and to provide for the treatment, con- 
trol, maintenance, adoption and guardianship of the person of such 
children. 

§ 2. [1]. That all persons under the age of twenty-one (21) years, 
shall, for the purpose of this Act only, be considered wards of this 
State, and their persons shall be subject to the care, guardianship and 
control of the court as hereinafter provided. 

For the purpose of this Act, the words "dependent child" and "neg- 
lected child" shall mean any male child who while under the age of 
seventeen years or any female child who while under the age of 
eighteen years, for any reason, is destitute, homeless or abandoned ; or 
dependent upon the public for support ; or has not proper parental care 
or guardianship ; or habitually begs or receives alms ; or is found living 
in any house of ill-fame or with any vicious or disreputable person ; or 
has a home which by reason of neglect, cruelty or depravity, on the 
part of its parents, guardian or any other person in whose care it may 
be, is an unfit place for such a child ; and any child who while under 
the age of ten (10) years is found begging, peddling or selling any 
articles or singing or playing any musical instrument for gain upon the 
street or giving any public entertainments or accompanies or is used in 
aid of any person so doing. 

The words "delinquent child" shall mean any male child who while 
under the age of seventeen years or any female child who while under 
the age of eighteen years, violates any law of this State : or is incor- 
rigible, or knowingly associates with thieves, vicious or immoral per- 
sons ; or without just cause and without that [the] consent of its 
parents, guardian or custodian absents itself from its home or place of 
abode, or is growing up in idleness or crime ; or knowingly frequents a 
house of ill-repute; or knowingly frequents any policy shop or place 
where any gaming device is operated ; or frequents any saloon or dram 
shop where intoxicating liquors are sold ; or patronizes or visits any 
public pool room or bucket shop ; or wanders about the streets in the 
night time without being on any lawful business or lawful occupation : 
or habitually wanders about any railroad yards or tracks or jumps or 
attempts to jump on to [any] moving train ; or enters any car or engine 
without lawful authority ; or uses vile, obscene, vulgar, profane or in- 
decent language in [any] public place or about any school house : or is 
guilty of indecent or lascivious conduct ; any child committing any of 
these acts herein mentioned shall be deemed a delinquent child and 
shall be cared for as such in the manner hereinafter provided. 



72 CHARITIES. 



A disposition of any child under this Act or any evidence given in 
such cause, shall not, in any civil, criminal or other cause or proceeding 
whatever in any court, be lawful or proper evidence against such child 
for any purposes whatever, except in subsequent case [cases] against 
the same child under this Act. The word "child" or "children" may be 
held to mean one or more children, and the word parent or parents may 
be held to mean one or both parents, when consistent with the intent of 
this Act. The word "association" shall include any association, insti- 
tution or corporation which include in their purposes the care or dis- 
position of children coming within the meaning of this Act. 

§ 4. Any reputable person, being a resident of the county, may file 
with the clerk of the court having jurisdiction of the matter, a petition 
in writing, setting forth that a certain child naming it, within his county, 
not now or hereafter an inmate of a State institution incorporated un- 
der the laws of this State, except as provided in section 12 and 18 
hereof, is either dependent, neglected or delinquent as defined in section 
1 hereof ; and that it is for the interest of the child and this State that 
[the] child be taken from its parent, parents, custodian, or guardian 
and placed under the guardianship of some suitable person to be ap- 
pointed by the court ; and that the parent, parents, custodian or guar- 
dian of such child, are unfit or improper guardians, or are unable or 
unwilling to care for, protect, train, educate, control or discipline such 
child, or that the parent, parents, guardian or custodian consent that 
such child be taken from them. 

The petition shall also set forth, either the name, or that the name is 
unknown to petitioner (a) of the person having the custody of such 
child ; and (b) of each of the parents or the surviving parents of a 
legitimate child or of the mother of an illegitimate child; or (c) if it 
allege that both such parents are or such mother is dead, then of the 
guardian, if any of such child ; (d) if it allege that both such parents are 
or that such mother is dead and that no guardian of such child is known 
to petitioner, then, of a near relative, or that none such is known to 
petitioner. The petition shall also state the residences of such parties 
so far as the same are known to such petitioner. All persons as named 
in such petition shall be made defendants by name and shall be notified 
of such proceedings of summons if residents of this State in the same 
manner as is now or may hereafter be required in chancery proceedings 
by the laws of this State except only as herein otherwise provided. 

All persons if any who or whose names are stated in the petition to 
be unknown to petitioner, shall be deemed and taken as defendants by 
the name or designation of "all whom it may concern." The petition 
shall be verified by affidavit, which affidavit shall be sufficient upon in- 
formation and belief. Process shall be issued against all persons made 
parties by the designation of "all whom it may concern," by such des- 
cription, and notice given by publication as is required in this Act shall 
be sufficient to authorize the court to hear and determine the suit as 
though the parties had been sued by their proper names. 

§ 5. The summons shall require the person alleged to, have the cus- 
tody of such child to appear with the child at that time and place stated 
in the summons ; and shall also require all defendants to b'e and appear 



CHARITIES. 



73 



and answer the petition on the return day of the summons. The sum- 
mons shall be made returnable at any time within twenty days after the 
date thereof and may be served by the sheriff, or by any duly appointed 
probation officer, even though such officer be the petitioner. The re- 
turn of such summons with endorsement of service by the sheriff or by 
such probation officer in accordance herewith shall be sufficient proof 
thereof. 

Whenever it shall appear from the petition or from affidavit filed in 
the cause that any named defendant resides or hath [has] gone out of 
the State or on due inquiry can not be found, or is concealed within this 
State or that his place of residence is unknown so that process cannot 
be served upon him, or whenever any person is made defendant under 
the name or designation of "all whom it may concern" the clerk shall 
cause publication to be made once in some newspaper of general circu- 
lation published in his country [county], and if there be none published 
in his country [county], then in a newspaper published in the nearest 
place to his country [county] in this State, which shall be substantially 
as follows : 

A, B, C, D, etc. (here giving the names of such named defendants, if 
any) and to "all whom it may concern" (if there be any defendant 
under such designation) 

Take notice that on the day of A. D. 190. . a petition 

was filed by in the court of county 

to have a certain child, named declared a (dependent or 

delinquent) and to take from you the custody and guardianship of said 
child (and if the petition prays for the appointment of a guardian with 
power to consent to adoption, add and to give said child out for 
adoption.) 

Now, unless you appear within twenty days after the date of this 
notice and show cause against such application, the petition shall be 
taken for confessed, and a decree entered. E. F., Clerk. 

Dated (the date of publication), 
and he shall also within ten days after the publication of such notice 
send a copy thereof by mail, addressed to such defendants whose place 
of residence is stated in the petition and who shall not have been served 
with summons. Notice given by publication as is required by this Act 
shall be the only publication notice required either in the case of resi- 
dents, non-residents or otherwise. The certificate of the clerk that he 
has sent such notice in pursuance of this section shall be evidence 
thereof. Every defendant who shall be duly summoned shall be held to 
appear and answer either in writing or orally in open court on the re- 
turn day of the summons or if such summons shall be served less than 
one day prior to the return day then on the following day. Every 
defendant who shall be notified by publication as herein provided shall 
be held to appear and answer either in writing or orally in open court 
within twenty days after the date of the publication notice. The answer 
shall have no greater weight as evidence than the petition. In default 
of an answer at the time or times herein specified or at such further 
time as by order of court may be granted to a defendant, the petition 
mav be taken as confessed. 



74 CHAEITIES. 



If the person having the custody or control of the child shall fail 
without reasonable cause to bring the child into court, he may be pro- 
ceeded against as in case of contempt of court. In case the summons 
shall be returned not served upon the person having the custody or con- 
trol of such child or such person fails to obey the same in any case when 
it shall be made to appear to the court by affidavit, which may be on in- 
formation and belief that such summons will be ineffectual, to secure 
the presence of the child, a warrant may issue on the order of the 
court either against the parents or either of them, or guardian or the 
person having the custody or control of the child or with whom the 
child may be or against the child itself to bring such person into court. 
On default of the custodian of the child or on his appearance or answer, 
or on the appearance in person of the child in court with or without the 
summons or other process and on the answer, default or appearance or 
written consent to the proceedings of the other defendants thereto or 
as soon thereafter as may be, the court shall proceed to hear evidence. 
The court may, in any case when the child is not represented by any 
person, appoint some suitable person to act on behalf of the child. At 
any time after the filing of the petition, and pending the final dis- 
position of the case, the court may continue the hearing from time to 
time and may allow such child to remain in the possession of its cus- 
todian, or in its own home subject to the friendly visitation of a proba- 
tion officer or it may order such child to be placed in the custody of a 
probation officer of the court, or of any other suitable person appointed 
by the court, or to be kept in some suitable place provided by the city 
or county authorities. 

§ 7. If the court shall find any male child under the age of seven- 
teen years (17) or any female child under the age of eighteen (18) 
years to be dependent or neglected within the meaning of this Act, the 
court may allow such child to remain at its own home subject to the 
friendly visitation of a probation officer. And if the parent, parents, 
guardian or custodian consent thereto, or if the court shall further find 
that the parent, parents, guardian or custodian of such child are unfit or 
improper guardians or are unable or unwilling to care for, protect, 
train, educate [or] discipline such child and that it is for the interest of 
such child and of the People of this State that such child be taken from 
the custody of its parents, custodian or guardian, the court may make 
an order appointing as guardian of the person of such child, some 
reputable citizen of good moral character and order such guardian to 
place such child in some suitable family home or other suitable place, 
which such guardian may provide for such child, or the court mav 
enter an order committing such child to some suitable State institution 
organized for the care of dependent or neglected children, or to some 
training school or industrial school or to some association embracing in 
its obiects the purpose of caring for or obtaining homes for neglected 
or dependent children, which association shall have been accredited as 
hereinafter provided. 

§ 8. In every case where such child is committed to an institution 
or association, the court shall appoint the president, secretary or super- 
intendent of such institution or association, guardian over the person of 



CHARITIES. to 



such child and shall order such guardian to place such child in such 
institution or with such association, whereof he is such officer and to 
hold such child, care for, train and educate it subject to the rules and 
laws that may be in force from time to time governing such institution 
or association. 

§ 9. If the court shall find any male child under the age of seven- 
teen years or any female child under the age of eighteen years to be 
delinquent within the meaning of this Act, the court may allow such 
child to remain at its own home subject to the friendly visitation of [a] 
probation officer, such child to report to the probation officer as often as 
may be required, and if the parents, parent, guardian or custodian con- 
sent thereto, or if the court shall further find either that the parent, 
parents, guardian or custodian are unfit or improper guardians, or are 
unable or unwilling to care for, protect, train, educate or discipline such 
child and shall further find that it is for the interest of such child and of 
the People of this State that such child be taken from the custody of its 
parents, parent, custodian or guardian, the court may appoint some 
proper person or probation officer, guardian over the person of such 
child and permit it to remain at its home, or order such guardian to 
cause such child to be placed in a suitable family home, or cause it to be 
boarded out in some suitable family home, in case provision is made by 
voluntary contribution or otherwise for the payment of the board ; or the 
court may commit such child to some training school for boys if a male 
child or to an industrial school for girls if a female child or to any in- 
stitution incorporated under the laws of this State to care for delinquent 
children, or to any institution that has been or may be provided by the 
State, county, city, town or village suitable for the care of delinquent 
children, including St. Charles School for Boys and State Training 
School for Girls, or to some association that will receive it, embracing 
in its objects the care of neglected, dependent or delinquent children 
and which has been duly accredited as hereinafter provided. In every 
case where such child is committed to an institution or association, the 
court shall appoint the president, secretary or superintendent of such 
institution or association, guardian over the person of such child and 
shall order such guardian to place such child in such institution or with 
such association, whereof he is such officer and to hold such child, care 
for, train and educate it subject to the rules and laws that may be in 
force, from time to time governing such institution or association. 

§ 9a. The court may in its discretion in any case of a delinquent 
child permit such child to be proceeded against in accordance with the 
laws that may be in force in this State governing the commission of 
crimes or violations of city, village, or town ordinance. In such case 
the petition filed under this Act shall be dismissed. 

§ 9b. The court may, when the health or condition of any child 
found to be dependent, neglected or delinquent requires it, order the 
guardian to cause such child to be placed in a public hospital or institu- 
tion for treatment or special care, or in a private hospital or institution 
which will receive it for like purposes, without charge to the public 
authorities. 



76 CHARITIES. 



§ 9c. Any child found to be dependent, neglected or delinquent as 
defined in this Act, and awarded by the court to a guardian, institution 
or association, shall be held by such guardian, institution or association, 
as the case may be, by virtue of the order entered of record in such case, 
and the clerk of the court shall issue and cause to be delivered to such 
guardian, institution or association a certified copy of such order of the 
court, which certified copy of such order shall be proof of the authority 
of such guardian, institution or association in behalf of such child, and 
no other process need issue to warrant the keeping of such child. The 
guardianship under this Act shall continue until the court shall by fur- 
ther order otherwise direct but not after such child shall have reached 
the age of twenty-one (21) years. Such child or any person interested 
in such child may from time to time upon a proper showing apply to 
the court for the appointment of a new guardian or the restoration of 
such child to the custody of its parents or for the discharge of the 
guardian so appointed. 

§ 9d. Whenever it shall appear to the court before or after the ap- 
pointment of a guardian under this Act that the home of the child or of 
his parents, former guardian or custodian is a suitable place for such 
child and that such child could be permitted to remain or ordered to be 
returned to said home consistent with the public good and the good of 
such child, the court may enter an order to that effect returning such 
child to his home under probation, parole or otherwise; it being the 
intention of this Act that no child shall be taken away or kept out of his 
home or away from his parents and guardian any longer than is reason- 
ably necessary to preserve the welfare of such child and the interest of 
this State: Provided, however, that no such order shall be entered 
without first giving ten days notice to the guardian, institution or asso- 
ciation to whose care such child has been committed, unless such guar- 
dian, institution or association consents to such order. 

§ 9c The court may, from time to time, cite into court the guardian, 
institution or association to whose care any dependent, neglected or 
delinquent child has been awarded, and to require him or it to make a 
full, true and perfect report as to his or its doings in behalf of such 
child ; and it shall be the duty of such guardian, institution or associa- 
tion, within ten days after such citation, to make such report either in 
writing verified by affidavit, or verbally under oath in open court, or 
otherwise as the court shall direct ; and upon the hearing of such report, 
with or without further evidence, the court may, if it sees fit, remove 
such guardian and appoint another in his stead, or take such child 
away from such institution or association and place it in another, or 
restore such child to the custody of its parents or former guardian or 
custodian. 

§ 15. Whenever the petition filed, as is provided in section 3 hereof, 
or a supplemental petition filed at any time after the appointment of the 
guardian shall pray that the guardian to be appointed shall be author- 
ized to consent to the legal adoption of the child, and the court uoon the 
hearing shall find that it is to the best interest of such child that the 
guardian be given such authority, the court may, in its order appointing 



CHARITIES. 77 



such guardian, empower him to appear in court where any proceedings 
for the adoption of such child may be pending, and to consent to such 
adoption; and such consent shall be sufficient to authorize the court 
where the adoption proceedings are pending to enter a proper order or 
decree of adoption without further notice to, or consent by the parents 
or relatives of such child: Provided, hozvever, that before entering 
such order the court shall find from the evidence that (i) the parents 
or surviving parent of a legitimate child or the mother of an illegitimate 
child, or if the child has no parents living the guardian of the child, if 
any, or if there is no parent living and the child has no guardian or the 
guardian is not known to petitioner, then a near relative of the child, if 
any there be, consents to such order; or, (2) that one parent consents 
and the other is unfit for any of the reasons hereinafter specified to 
have the child or that both parents are or that the surviving parent or 
the mother of an illegitimate child is so unfit for any of such reasons — 
the grounds of unfitness being (a) depravity, (b) open and notorious 
adultery or fornication, (c) habitual drunkenness for the space of one 
year prior to the filing of the petition, (d) extreme and repeated 
cruelty to the child, (e) abandonment of the child or (f) desertion of 
the child for more than six (6) months next preceding the filing of the 
petition. 

§ 22. If it shall appear, upon the hearing of the cause that the 
parent, parents, or any person or persons named in such petition who 
are in law liable for the support of such child, are able to contribute to 
the support of such child, the court shall enter an order requiring such 
parent, parents or other persons to pay to the guardian so appointed or 
to the institution to which such child may be committed, a reasonable 
sum from time to time for the support, maintenance or education of 
such child and the court may order such parent, parents or other per- 
sons to give reasonable security for the payment of such sum or sums 
and upon failure to pay, the court may enforce obedience to such order 
by a proceeding as for contempt of court. The court may, on applica- 
tion and on such notice as the court may direct from time to time, make 
such alterations in the allowance as shall appear reasonable and proper. 

§ 23. If the person so ordered to pay for the support, maintenance 
or education of a dependent, neglected or delinquent child shall be em- 
ployed for wages, salary or commission, the court may also order that 
the sum to be paid by him shall be paid to the guardian or institution out 
of his wages, salary or commission and that he shall execute an assign- 
ment thereof pro tanto. The court may also order the parent or the 
person so ordered to pay the sum of money for the support, main- 
tenance or education of a child, from time to time make discovery to the 
the court as to his place of employment and amount earned by him. 
Upon his failure to obey the orders of court he may be punished as for 
contempt of court. 

§ 24. Nothing in this Act shall be construed to give the guardian 
appointed under this Act the guardianship of the estate of the child or 
to change the age of minority for any other purpose except the custody 
of the child. 



78 CHARITIES. 



§ 25. The invalidity of any portion of this Act shall not effect the 
validity of any other portion thereof which can be given effect without 
such invalid part. 

§ 26. Cases under this Act may be reviewed by writ of error. 

Approved June 4, 1907. 



PUBLIC HOSPITALS IN CERTAIN CITIES. 

{ 1. Amends section 1, act of 1891. j § 1. Tax levy not to exceed 

three mills on dollar 
annually. 

(Senate Bill No. 437. Approved Mat 25, 1907.) 

An Act to amend section one of an Act entitled, "An Act to enable 
cities to establish and maintain public hospitals." Approved June 17, 
i8pi. In force July 1, 1891. 

Section i . Be it enacted by the People of the State of Illinois rep- 
resented in the General Assembly: That section one of "An Act to 
enable cities to establish and maintain public hospitals," approved June 
17, 1891, in force July 1, 1891, be and the same is hereby amended so 
as to read as follows : That the city council of each incorporated city 
of this State having a population of less than one* hundred thousand 
(100,000) inhabitants shall have the power to establish and maintain a 
non-sectarian public hospital for the use and benefit of the inhabitants 
of such city, and any person falling sick, or being injured or maimed 
within its limits, and may levy a tax not to exceed three mills on the 
dollar annually, on all taxable property of the city, such tax to be 
levied and collected in like manner with the general taxes of the said 
city, and to be known as the "Hospital Fund." 

Approved May 25, 1907. 



SOLDIERS AND SAILORS— BURIAL OF DECEASED INDIGENT, ETC. 
§ 1. Appointment of person — interment. I § 3. County to pay expenses. 
§ 2. Expenses — bur ai — funeral. § 4. Repeal. 

(House Bill No. 51. Approved Mat 24, 1907.) 

An Act to provide for the burial of deceased indigent or friendless 
soldiers, sailors or marines of the late civil war, the Spanish- Ameri- 
can war, the Philippine insurrection and the Boxer uprising in China, 
or their mothers, wives or widows. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be the duty of the board 
of supervisors in counties under township organization, and of the 
county commissioners in counties not under township organization, to 
designate some suitable person or persons who shall serve without 
compensation, whose duty it shall be to cause to be properly interred 
the body of any honorably discharged soldier, sailor or marine, who 
served in the army or navy of the United States during the late civil 



CHARITIES. 79 



war, the Spanish-American war, the Philippine insurrection, or the 
Boxer uprising in China, or their mothers, wives or widows who may 
hereafter die in such county, without having sufficient means to defray 
the funeral expenses. 

§ 2. The expense of such burial shall not exceed the sum of thirty- 
five dollars, such burial shall not be made in any cemetery or burial 
ground used exclusively for the burial of the pauper dead, or in that 
portion of any burial ground so used: And provided, that in case rela- 
tives of the deceased, who are unable to bear the expense of burial, 
desire to conduct the funeral, they may be allowed to do so, and the 
expense thereof shall be paid as hereinafter provided. 

§ 3. The expenses of such burial and headstones shall be paid by 
the county in which such soldier, sailor or marine, or their mothers, 
wives or widows, resided at the time of his or her death ; and the board 
oi supervisors in such counties under township organization, or county 
commissioners in such counties not under township organization, is 
authorized and directed to audit the account, and pay the said expenses 
in a similar manner as other accounts against such county are audited 
and paid : Provided, that nothing in this act contained shall apply to the 
burial of soldiers and sailors who are inmates of the Soldiers' and 
Sailors' Home at the time of their death. 

§ 4. An act entitled, "An Act to provide for the burial of deceased 
indigent or friendless union soldiers, sailors or marines of the late 
war," approved June 16, 1891, in force July 1, 1891, is hereby repealed. 

Approved May 24, 1907. 



SOLDIERS AND SAILORS— RELIEF TO INDIGENT, ETC. 
Term. | § 5. Auditing board — bond. 

§ 1. "Overseer of poor" denned. § 6> Overseer of poor— poorhouse — dis- 

§ 2. How relief provided. position of dependents. 

§ 3. When no post or camp In town. ;. 7. When more than one post or camp. 

$ 4. Relief committee — notice to city or § 8. Report to Governor, 
town clerk — annual statement — 
penalty. I § 9. Repeal. 

(Senate Bill No. 44. Approved Mat 25, 1907.) 

An Act to regulate the granting of relief to indigent war veterans and 
their families, and to repeal a certain act therein named. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the term "overseer of the 
poor," as used in this Act, shall be construed to mean all persons whose 
duty it is, under existing statutes, to care for, relieve or maintain, 
wholly or in part, any poor or indigent person who may be entitled to 
such relief under the statutes of the State of Illinois. 

§ 2. For the relief of indigent and suffering soldiers, sailors and 
marines, who served in the war of the rebellion, the Spanish war, the 
Philippine insurrection, the Boxer uprising in China, and their families, 
and the families of deceased veterans who need assistance, in any city 



80 CHARITIES. 



or town in this State, the overseer of the poor shall provide such sum 
or sums of money as may be necessary, to be drawn upon by the com- 
mander and quartermaster of any post of the Grand Army of the Re- 
public or of any camp of United Spanish War Veterans in said city or 
town, upon the recommendation of the relief committee of said post 
or camp, in the same manner as is now provided by law for the relief 
of the poor : Provided, that said soldier, sailor and marine, or the fami- 
lies of those deceased, are and have been residents of this State for one 
year or more, and the orders of said commander or quartermaster shall 
be proper vouchers for the expenditure of said sum or sums of money. 

§ 3 In case there is no post of the Grand Army of the Republic or no 
camp of United Spanish War Veterans or Army of the Philippines in 
any town in which it is necessary that such relief as provided in section 
2 should be granted, the overseer of the poor shall accept and pay the 
orders drawn, as hereinbefore provided by the commander and quar- 
termaster of any post of the Grand Army of the Republic or of any 
camp of United Spanish War Veterans, or any Army of the Philip- 
pines, located in the nearest city or town, upon the recommendation of 
a relief committee, who shall be residents of the said town in which the 
relief may be furnished. 

§ 4. Upon the taking effect of this Act, the commander of any post 
of the Grand Army of the Republic, or the commander of any camp of 
United Spanish War Veterans, or Army of the Philippines, which shall 
undertake the relief of indigent veterans and their families, as herein- 
before provided, before the acts of said commander and quartermaster 
shall be operative in any city or town, shall file with the city clerk of 
such city or town clerk of such town, or overseer of the poor of such 
town or county, a notice that said post or camp intends to undertake 
such relief as is provided by this Act, and such notice shall contain the 
names of the relief committee of said post or camp in such city or 
town, and of the commander and other officers of said post or camp. 
And the commander of said post or camp shall annually thereafter, dur- 
ing the month of October, file a similar notice with the city or town 
clerk, or the overseer of the poor, also a detailed statement of the 
amount of relief furnished during the preceding year, with the names 
of all persons to whom such relief shall have been furnished, together 
with a brief statement in such case from the relief committee upon 
whose recommendation the orders were drawn. And failure or neglect 
so to do at the time required by this Act shall be punishable by a fine 
of twenty-five dollars ($25.00) to be recovered in the name of the 
county in any court of competent jurisdiction. 

§ 5. The auditing board of any city or town, or the overseer of the 
poor of any city, town or county, may require of said commander or 
quartermaster of any post of the Grand Army of the Republic or of any 
camp of United Spanish War Veterans or Army of the Philippines, 
undertaking such relief in any city or town, a bond with sufficient and 
satisfactory sureties for the faithful and honest discharge of their duties 
under this Act. 



CHARITIES. 81 



§ 6. Overseers of the poor are hereby prohibited from sending in- 
digent soldiers, sailors and marines (or their families or the families 
of those deceased) to any almshouse (or orphan asylum) without the 
full concurrence and consent of the commander and relief committee of 
the post of the Grand Army of the Republic or of the camp of Spanish 
War Veterans or Army of the Philippines having jurisdiction as pro- 
vided in sections 2 and 3 of this Act. Indigent veterans with families, 
and the families of deceased veterans, shall, whenever practicable, be 
provided for and relieved at their homes in such city or town in which 
they shall have a residence, in the manner provided in sections 2 and 3 
of this Act. Indigent or disabled veterans of the classes specified in 
section 2 of this Act, who are not insane, and who have no families or 
friends with whom they may be domiciled, may be sent to any Soldiers' 
Home. Any indigent veteran of either of the classes specified in sec- 
tion 2 of this Act, or any member of the family of any living or de- 
ceased veteran of said classes, who may be insane, shall, upon the 
recommendation of the commander and relief committee of such post 
of the Grand Army of the Republic or such camp of United Spanish 
War Veterans, or Army of the Philippines, within the jurisdiction of 
which the case may occur, be sent to any insane asylum and cared for 
as provided for indigent insane. 

§ 7. In case there shall be within the limits of any city or town 
more than one post of the Grand Army of the Republic or more than 
one camp of United Spanish War Veterans, or Army of the Philip- 
pines, it shall be the duty of the commander of each post or camp 
within such limits, to send to the commander of every other post or 
camp, as the case may be, within said limits, on the first day of each 
month, a written list of the names of all persons to whom relief has 
been granted during the preceding month, under the provisions of this 
Act. 

§ 8. The commander of the Grand Army of the Republic, Depart- 
ment of Illinois, and the commander of the United Spanish War Vet- 
erans, Department of Illinois, and the commander of the Army of the 
Philippines shall annually report to the Governor, on or before the 
first day of January of each year, such portions of the transactions 
of the Grand Army of the Republic and of the United Spanish War 
Veterans or Army of the Philippines respectively, relating hereto 
[thereto], as he may deem to be of interest to that organization and the 
people of the State. 

§ 9. An Act entitled, "An Act to regulate the granting of relief 
to indigent war veterans and their families," which became a law 
June 26, 1895, in force July 1, 1895, is hereby repealed. 

Approved May 25, 1907. 



—6 L 



82 CHARITIES. 



SOLDIERS' AND SAILORS' HOME — ADMISSION OF WIFE. 

§ 1. Amend section 3a, act of 1885. § 3a. Wife admitted when of 

I age of 50 years or older. 

(Senate Bill No. 219. Approved May 25, 1907.) 

An Act to amend section 3a of an act approved May 13, 1903, in force 
July 1. 1903, entitled "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 knozun as 
section 3a, section 3b, section 3c and section 3d respectively. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section 3a of an act ap- 
proved May 13, 1903, in force July I, 1903, entitled "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 pur- 
chase of land and the construction of the necessary 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," be, and is hereby amended to 
: ead 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 inmate 
of said home, subject to the rules and regulations adopted by the 
trustees of said home, to govern the admission of applicants : Pro- 
vided, said wife and said soldier or sailor were married prior to January 
1, 1890, and when said wife shall be of the age of 50 years or older. 

Approved May 25, 1907. 



SOLDIERS' ORPHANS' HOME — ADMISSION REGULATED. 

§ 1. Amends section 5, act of 1875. §5. Admission of any dependent 

orphan child under the 
age of eight years — an- 
nual report, etc. 

(Senate Bill No. 243. Approved May 25, 1907.) 

An Act to amend section 5 of an act entitled, "An Act to regulate the 
State charitable institutions and the State Reform School, and to im- 
prove their organization and increase their efficiency," approved April 
15, 1875, in force July 1, 1875, as amended by an act approved May 
28, 1897, in force July 1, 1897, approved April 3, 1899, ^ n force July 
1, 1899. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 5 of an act en- 
titled, "An Act to regulate the State charitable institutions and the 
State Reform School, and to improve their organization and increase 
their efficiency," approved April 15, 1875, m force July 1, 1875, as 
amended by an act approved May 28, 1897, in force July 1, 1897 [be 
amended to read as follows :] 



CHARITIES. HH 



§ 5. The object of the Soldiers' Orphans' Home shall be to provide 
for the nurture and intellectual, moral, and physical culture of all in- 
digent children whose fathers served in the army or navy of the United 
States, and have died or been disabled by reason of wounds or disease 
received therein or have since become disabled or died ; that there shall 
be received into said institution first, children who are under the age of 
five years, who are in indigent circumstances, and then if the means 
appropriated by the State will justify it, indigent children above that 
age and below the age of fourteen years shall be received, and then if 
the means provided will justify, all other indigent orphans of such 
soldiers may be received, but none over the age of sixteen years shall 
be received, at which age all children shall be discharged therefrom 
except girls who may be retained until they are eighteen years 
old, and the trustees may discharge at any time any child 
for persistent violation of the rules of said home, or when 
in their judgment it is necessary for the best interest and 
good government of the same ; and the said trustees shall 
have the authority to procure permanent homes for any orphan child 
admitted to the home, and also for any child by first obtaining the con- 
sent of the parents, if either of them are living and can be found ; and 
said trustees shall make such rules and regulations in regard to the 
manner of making contracts with any responsible parties who may take 
any of said children to raise : Provided, that in special cases of peculiai 
inability of any child to support itself, the trustees may retain such 
child, although over the age of sixteen years, and until the child has 
reached the age of eighteen years : Provided, when all the above 
children have been admitted who have made application and there is 
room to accommodate more children, then any dependent orphan child 
under the age of eight years, who has been a resident of this State for 
four years or more, shall be admitted to said institution. It shall be the 
duty of the superintendent of said institution to place all children ad- 
mitted to this home in private homes whenever applications are made 
by worthy and responsible people. He shall make a report annually of 
each child so placed, of the school work and health and general con- 
dition of each child in his report to the board of State Commissioners of 
Public Charities. The said board of State Commissioners of Public 
Charities is hereby authorized and directed, for the purpose of regu- 
lating the admission of children, not the orphans of soldiers, to fix- 
quotas for the several counties in the same manner that the said board 
fixes the quotas of the several counties for the admission of insane 
persons to the State hospitals for the insane. The children who are 
inmates of county almshouses shall be provided for first, then if said 
county's quota is not full, other dependent orphan children mav be 
admitted. 

Approved May 25, 1907. 



84 CHARITIES — CITIES, VILLAGES AND TOWNS. 



SOLDIERS' WIDOWS* HOME — MATRON. 

§ 1. Akiends section 10. act of 1895. I § 10. Salary of matron fixed at 

$1,200 per annum. 

(Senate Bill No. 460. Approved Max 13, 1907.) 

An Act to amend section io of an act entitled, "An Act to establish 
and maintain a home for the disabled mothers, wives, widows and 
daughters of disabled or deceased soldiers in the State of Illinois, and 
to provide for the purchase and maintenance thereof," approved June 
13, 1895, i- n force July 1, 1895. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 10 of an act en- 
titled "An Act to establish and maintain a home for the disabled moth- 
ers, wives, widows and daughters of disabled or deceased soldiers in 
the State of Illinois, and to provide for the purchase and maintenance 
thereof," approved June 13, 1895, in force July 1, 1895, be amended, so 
as to read as follows : 

§ 10. Said trustees shall appoint a matron at a salary not to exceed 
($1,200) twelve hundred dollars per annum and such other officers as 
may be necessary to carry on the affairs of the said institution, fixing 
their salaries, and shall together with the Governor prescribe rules for 
the admission of inmates into said home. 

Approved May 13, 1907. 



CITIES, VILLAGES AND TOWNS. 



CHANGE OF NAME. 

§ 1. Amends section 8, act of 1872. § 2. Emergency. 

§ 8. When change void — vali- 
dates proceedings. 

(House Bill No. 78. Approved May 13, 1907.) 

An Act to amend section eight (8) of an act entitled, "An Act to enable 
any city, town or village in this State to change its name," approved 
March 7, 1872, in force July 1, 1872. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section eight (8) of an 
act entitled, "An Act to enable any city, town or village in this State to 
change its name," approved March 7, 1872, in force July 1, 1872, be, 
and the same is hereby amended so as to read as follows : 

. § 8. If the name of any such city, town or village shall be changed 
contrary to or without complying with the provisions of this Act, such 
change shall be void and held for naught in any court of competent 
jurisdiction in this State: Provided, however, that all proceedings in- 
stituted or acts done under such name as changed shall be valid and 
binding if the same would have been valid and binding if done under 
the old name. 

All proceedings heretofore instituted or acts heretofore done by any 
city, town or village under the new name as changed, if the change shall 



CITIES, VILLAGES AND TOWNS. 



85 



be declared void, shall be held as good and valid as if done and per- 
formed under this Act. 

§ 2. Whereas, An emergency exists, therefore this Act shall take 
effect and be in force from and after its passage and its approval by the 
Governor. 

Approved May 13, 1907. 





CHICAGO 


CHARTER. 




Article 1. 


Consolidation. 




! Article 12. 


Revenue. 


Article 2. 


Elections. 








Chaptei 


■ 1. In general. 




Article 13. 


Indebtedness. 


Chaptei 


■ 2. Submission of proposi 






tions 


to popular vote. 




Article 14. 


Streets ana public places. 


Chaptei 


3. Primary elections. 








Article 3. 


The mayor. 




Article 15. 
Article 16. 


Local improvements. 
Public utilities. 


Article 4. 


The city council. 




Article 17. 


Water supply. 


Article 5. 


Powers of the counci 


1 in 








general. 




Article 18. 


Parks. 


Article 6. 


Officers. 




Article 19. 


Department of education. 


Article 7. 


Civil service. 




Article 20. 


compulsory education. 


Article S. 


Corporate powers. 








Article 9. 


Police power. 




Article 21. 


The public library. 


Article 10. 


Powers for aid, relief 
correction. 


and 


Article 22. 
Article 23. 


General provisions. 
Submission of charter to 


Article 11. 


Finance. 






popular vote. 




(House Bill No. 874. 


Approved June 5, 1907. ) 



An Act to provide a charter for the city of Chicago, to consolidate in 
the government of said city the powers now vested in the local au- 
thorities having jurisdiction within the territory of said city, and to 
enlarge the rights and powers of said city. 

ARTICLE I. 



Consolidation. 

i — Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: All powers not abrogated by this 
charter which are now vested in the city, board of education, township, 
park or other local governments and authorities having jurisdiction 
confined to or within the territory of the city of Chicago, or any part 
thereof, shall be consolidated in the municipal government of the city 
of Chicago, and for that purpose all municipal corporations other than 
the city of Chicago, whose jurisdiction is confined as aforesaid, and 
their corporate authorities, shall be dissolved and abrogated and shall 
be merged in and united with the city of Chicago (except that towns 
or townships shall be deemed to continue in existence only in so far 
as their continued existence may be necessary to the collection of 
taxes) ; and the city of Chicago shall be the successor of said cor- 
porations, with all their property and corporate rights and subject to 



86 CITIES. VILLAGES AND TOWNS. 



all their lawful debts, obligations and liabilities, whether such rights 
or liabilities be accrued or contingent. No town or park district shall 
hereafter be formed under general laws now in force, so as to be 
located entirely or partly within the limits of the city of Chicago. 
Upon the annexation hereafter to the city of Chicago of any territory 
containing within its boundaries the whole of any township, school or 
park district, or other municipal corporation, or any part of any such 
corporation, the remaining portion of which is already situated within 
the territory of the city, the local government and authorities of such 
township, school or park district, or other municipal corporation thus 
becoming included entirely within the city, shall, if the majority of 
the voters of such corporation voting upon the question consent to 
such annexation, be consolidated in the municipal government of the 
city of Chicago, and such corporation and its corporate authorities shall 
thereupon be dissolved and abrogated, subject in every respect to the 
provisions of this article. The election commissioners shall, if nec- 
essary, furnish separate ballot boxes in which the votes of the voters 
residing within the territory of any such corporation may be received 
in order that they may be separately counted and returned. 

Nothing in this section contained shall be construed to apply to 
drainage, improvement, or forest preserve districts. 

i — 2. The city of Chicago, as it shall be organized under this 
charter, shall be deemed to be the same corporation and shall con- 
tinue to be vested with the same rights and property of every des- 
cription, and to be subject to the same obligations and liabilities, 
accrued or contingent, as the city of Chicago as at present organized, 
and no legal proceeding to which the city is a party shall be affected 
by the change of organization, and all legal proceedings instituted by 
or in the name of or against any of the corporations or corporate 
authorities hereby abrogated shall be continued without abatement by 
or against the city of Chicago, either in the name of the city of 
Chicago or in the name by which they were instituted. 

When a different remedy is given by this act which may properly 
be made applicable to any right existing at the time this charter takes 
effect, the same shall be deemed cumulative to the remedies before 
provided and may be used accordingly. 

i — 3. All legal acts lawfully done by or in favor of any of the cor- 
porations or corporate authorities hereby consolidated shall be and re- 
main as valid as though this Act had not been passed. This provision 
shall especially apply to contracts, grants, licenses, warrants, orders, 
notices, appointments and official bonds, but shall not affect any exist- 
ing or contingent right to modify, revoke or rescind such acts. 

1 — 4. All fines, penalties and forfeitures incurred or imposed be- 
fore this charter takes effect for violation of the ordinances, by-laws 
or rules of any of the local authorities hereby consolidated, shall be 
enforced or collected by or under the authority of the city. 

1 — 5. All causes of action accrued before this charter takes effect 
in favor of or against any of the corporations o'r corporate authorities 
hereby abrogated may be prosecuted by or against the city of Chicago. 



CITIES, VILLAGES AND TOWNS. 87 



I — 6. All taxes and special assessments lawfully levied before this 
charter takes effect, by any of the local authorities hereby consolidated, 
shall be collected»as if they had been lawfully levied by or under the 
authority of the city of Chicago. 

i — 7. All powers of taxation or assessment that may have become 
part of any contract of indebtedness incurred or entered into by any 
of the corporations hereby consolidated with the city of Chicago shall 
be preserved only in so far as their exercise may become necessary to 
save and protect the rights of creditors, and in the event of their so 
becoming necessary, shall be exercised by the corporate authorities of 
the city of Chicago to the same extent as the corporate authorities con- 
tracting such indebtedness would have been found to exercise the same. 

1 — 8. All ordinances, resolutions, by-laws, orders or rules in force 
in the city of Chicago or in any portion thereof at the time this charter 
takes effect and not inconsistent with the provisions of this charter, 
whether enacted by authority of the city or by any other authority, shall 
continue in full force and effect until repealed or amended, notwith- 
standing any change of organization affected by this charter. 

1 — 9. Any property or funds held by any of the corporate authori- 
ties hereby dissolved upon any trust or subject to any charge, shall be 
held by said city upon the same trust and subject to the same charge. 
The proceeds of taxes or assessments levied and of all bonds or war- 
rants issued and of all license fees, rates or charges imposed before this 
charter takes effect shall be applied to the purposes for which they were 
levied, issued or imposed. 

1 — 10. The present boards of park commissioners and park boards 
shall continue to perform their official functions until the board of park 
commissioners herein provided for shall have been organized ; and shall 
thereupon be abrogated. 

All offices of the township governments hereby consolidated shall be 
abrogated by the adoption of this charter, except so far as their legal 
"continuance may be necessary to the collection of taxes. 

1 — 11. All officers ceasing to hold office shall deliver and turn over 
to the officers upon whom their powers and duties devolve all papers, 
records and property of every kind in their possession and custody by 
virtue of their office, and shall account to them or to any authority 
designated by the city council for all funds, credits or property of any 
kind with which they are properly chargeable. 

1 — 12. Except as herein expressly otherwise provided the tenure of 
office of no officer and the terms of employment of no employe of the 
present city government or of any of the local governments or corpor- 
ate authorities hereby consolidated with the city of Chicago shall be 
affected by such consolidation or by the abrogation of the authority 
under which he holds office or by the taking effect of this charter, and 
all the present employes and police officers of the park boards shall be 
subject to the provisions of the civil service law without original exam- 
ination. 



CITIES. VILLAGES AND TOWNS. 



I — 13. So far as the provisions of this charter are the same in 
terms or in substance and effect as the provisions of the laws which 
this charter supersedes they shall be construed as continuations of such 
provisions and not as new enactments. 

ARTICLE II— ELECTIONS. 
Chapter 1. — In General. 

2 — 1 — 1. The qualifications of voters at municipal elections shall be 
determined by the general laws of the State. 

2 — 1 — 2. Regular elections for municipal offices (not including 
those for the municipal court) shall be held on the first Tuesday of 
April. 

2 — 1 — 3. If there is a failure to elect any municipal officer required 
to be elected, or if the person elected fails to qualify, the office shall 
be filled as if the same were vacant. 

2 — 1 — 4. Special elections for municipal offices or for the submis- 
sion of propositions to the voters of the city shall be called only by order 
of the city council. 

Chapter 2. — Submission of Propositions to Popular Vote. 

2 — 2 — 1. Whenever this charter or any other statute provides that 
any proposition shall or may be submitted to the voters of the city, or 
of any district of the city, for approval or consent, and that it shall not 
take effect in the city or such district until such approval or consent, 
or shall contain any provision of a like effect, the proposition shall be 
submitted, and if approved, shall take effect, as herein provided. 

2 — 2 — 2. If the proposition is in the form of a statute, the Secretary 
of State shall transmit a copy of such statute to the officer whose duty 
it is to give notice of the election at which the proposition is to be 
voted on. 

2 — 2 — 3. Unless otherwise provided by the authority requiring or 
authorizing the submission, the proposition shall be submitted at any 
special or regular election occurring not sooner than thirty days from 
and after the provision is enacted. 

2 — 2 — 4. The provisions applicable to the election of municipal 
officers shall as far as practicable govern elections upon any proposi- 
tion submitted to popular vote except as herein otherwise provided. 

2 — 2 — 5. The notice of the election at which the proposition is to 
be voted upon shall briefly indicate its substance. The title, if any, of 
the measure shall be sufficient for that purpose. The election commis- 
sioners shall keep copies of the statute or ordinance containing the 
proposition to be voted upon at their office for free distribution or for 
sale at cost price as they may determine, and one or more copies thereof 
shall be kept on election day at each polling place for public inspection. 

2 — 2 — 6. The proposition or propositions to be voted on at any 
election shall be printed on a ballot, which shall be separate from the 
ballot for candidates for office. The proposition, if a statute, shall be 



CITIES, VILLAGES AND TOWNS. H ( .) 



stated by its title (with such caption as the election commissioners may 
determine), and if an ordinance, in such summary form as may be 
designated by the city council; or in case the city council shall fail to 
make such designation, then in such summary form as the election 
commissioners may determine. 

Below the statement of each proposition there shall be printed on two 
lines: 

FOR THE PROPOSED (statute, ordinance, proposition 

etc., as the case may be) and 
AGAINST THE PROPOSED (statute, ordinance, propo- 
sition, etc., as the case may be) 
leaving at the end of each line a square space marked off for the in- 
sertion of the voter's mark, substantially as follows : 

Caption (e. g.) City Hall Bond Issue. 

i 

Title 



FOR proposed measure 



AGAINST proposed measure 



2 — 2 — 7. Whenever a proposition is submitted to the voters of the 
city or of a district thereof, the result shall be determined by the num- 
ber of votes cast upon that proposition, unless it is expressly otherwise 
provided by the law requiring or authorizing such submission. 

2 — 2 — 8. If the vote upon the proposition is in favor of its adop- 
tion, the statute or ordinance shall take effect in the city or district for 
which it has been adopted, from the time the result of the election is 
ascertained and declared, unless a later date is fixed in such statute or 
ordinance, or by the constitution. 

If a proposition embodied in a statute or ordinance fails to be adopted 
it shall not be re-submitted under the authority of the same statute or 
ordinance until after a lapse of two years, and only upon a petition 
of fifteen (15) per cent of the legal voters of the city, voting at the last 
preceding election for mayor, which shall be filed with the city clerk 
at least thirty days before the election at which the re-submission is 
desired. 

2 — 2 — 9. Wherever this charter shall require a petition of voters 
for the purpose of having some measure submitted to popular vote for 
the purpose of having the name of any candidate for any office placed 
upon the official ballot to be voted upon at any election, or for any other 
purpose, the signatures to such petition need not all be appended to one 
paper, but on each paper there shall be printed or written a correct 
copy of such petition. Each signer shall add to his signature, which 



90 CITIES, VILLAGES AND TOWNS. 



shall be in his own handwriting, his place of residence, giving the 
street and number of the house. A signer unable to write may make 
his mark, which shall be attested by an adult resident citizen, who shall 
place by the mark, in addition to his own name and place of residence, 
the name and residence of the signer. Each signature to the petition 
shall be verified by a statement (which may relate to a number of 
specified signatures) made by some adult resident citizen under oath 
before some competent official to the effect that he believes the signer 
to be [a] qualified voter and either that he knows the signature to be 
genuine, or that the same was made in his presence and he verily 
believes the same to be genuine. If the signature is by a mark, the 
verification shall be by the attesting witness. Such statement or state- 
ments shall be attached to and filed with the petition. 

Chapter 3. — -Primary Elections. 

2 — 3 — 1. The primary elections for delegates to constitute the vari- 
ous conventions of the different political parties or organizations of 
the city, or any part thereof, held for the nomination of candidates for 
public office in the city, or any part thereof, whose names are to be 
printed on the official election ballots printed and distributed at public 
expense in the city, 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 an entire city shall be 
known as a "city convention." A convention to nominate candidates 
for public office to be voted for by the electors of an entire ward shall 
be known as a "ward convention." 

Each nomination convention to nominate city officers shall be held 
within the boundaries of the city. All ward conventions shall be held 
within the boundaries of the respective wards. All conventions shall 
be held at the place designated in the call. A majority of the delegates 
entitled to a seat in the convention shall be necessary to constitute a 
quorum. Each political party shall designate for each convention in 
the call or application filed by such party for a primary election to be 
held in accordance herewith the name of a resident voter of the city or 
ward as the case may be, to call the respective conventions to order 
and who shall preside only until the temporary chairman has been duly 
elected as provided herein. The person so designated may be chosen 
as one of the officers of the convention, provided that said person shall 
have all the qualifications and shall be chosen as required herein. All 
convention officers shall be delegates and shall be chosen upon a roll- 
call, such roll-call to be- by wards for city conventions and by primary 
districts for ward conventions 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 announced, then the roll of 
delegates of such ward or district shall be called and the persons re- 
ceiving the votes of a majority of the delegates shall be declared elected 
the officers of the convention. No adjournment or recess of the con- 
vention shall be taken before completing the nominations it was called 
to make, except upon a yea and nay vote taken upon a roll-call as 
aforesaid. 



CITIES, VILLAGES AND TOWNS. 91 



2 — 3 — 2. Any political party or organization which at the last pre- 
ceding municipal or presidential election for Governor in this State 
polled at least five (5) per cent of the entire votes cast in the city for 
its candidate receiving the highest number of votes, shall be entitled 
under this act to hold one primary election on any day in the months 
of January, February or March immediately preceding any regular 
spring or summer elections; which primary election shall effect only 
the nominations for the offices to be filled at the particular spring or 
summer elections next and immediately following such primary elec- 
tion day : Provided, that such primary election day and certificates of 
nomination shall be subject to the provisions of section 7 of an act 
entitled "An act to provide for the printing and distribution of ballots 
at public expense, and for the nomination of candidates for public 
office, to regulate the manner of holding elections, and to enforce the 
secrecy of the ballot," in force July 1, 1891, as amended; and such pri- 
mary election day shall be at least six days before nomination certifi- 
cates are required by law to be filed. Within the time limited, as 
aforesaid, such political party or organization, through its central com- 
mittee or managing committee, may determine and name the day for 
holding such primary election; but no two different political parties 
shall hold their primary elections on the same day; and the political 
party first applying, as hereinafter set forth, shall have the preference 
in the choice of days, in case two or more different political parties 
shall in their application appoint the same day. 

2 — 3 — 3. No political party or organization shall be entitled under 
this act to hold a primary election unless at least twenty-five (25) days 
before such primary election day such political party or organization 
shall file with the board of election commissioners of the city a call or 
application in writing, which shall set forth : 

First — The name of such political party and the address of the head- 
quarters of the central committee or managing committee of such 
political party. 

Second — The day on which such primary election is to be held. 

Third— The name, place and time of every convention for the nomi- 
nation of candidates for public office for which such primary election is 
called. 

Fourth — The description of each of the various primary election dis- 
tricts, together with the names of the three persons for judges of elec- 
tion and two persons for clerks of election for each such primary dis- 
trict, also the designation of a polling place for each such primary 
district. 

Fifth — The number of delegates from each such primary district to 
each convention : Provided, that the number of delegates from each of 
the different primary districts be proportioned equally to the number 
of voters of such political party in each district as shown by the last 
preceding presidential election returns : And, provided, that each pri- 
mary election district shall be allowed to be represented by at least one 
delegate to each convention in which such primary district is entitled 
to be represented. 



U2 CITIES, VILLAGES AND TOWNS. 



Sixth — The name of some resident voter of the city or ward as the 
case may be, to call the respective conventions to order and who shall 
preside until the temporary chairman has been duly elected. 

Provided, that all the organizations or subdivisions of any one gen- 
eral political party within the city shall hold their primary elections, 
such as may then be in order, for the city or wards, together and on 
one and the same day ; and each municipal or ward organization of 
the party that neglects to join shall forfeit the right to hold primaries 
for its particular nominations then due. 

2 — 3 — 4. Such call or application shall be signed by the chairman 
and attested by the secretary of the central committee or managing 
committee of such political party or organization, verified by oath that 
the facts therein stated are true and that they are, respectively, the 
chairman and secretary of such committee. No person and no political 
party or organization shall use the name of another political party or 
organization (or any designation similar to that of another political 
party or organization) in such manner as to deceive voters. 

2 — 3 — 5. At least ten (10) days before the primary election day 
designated as aforesaid by such political party, it shall be the duty of 
the board of election commissioners, upon the application of any politi- 
cal party entitled thereto as aforesaid, through its central committee, or 
managing committee, as aforesaid, to give notice of such primary 
election. Such notice shall contain the name of the political party or 
organization for which such primary election is to be held, the address 
of the headquarters of the central committee, or managing committee, 
of such party, the name, place and time of each convention according 
to the call aforesaid to be held by such party for the nomination of 
candidates for public office, the date upon which such primary election 
is to be held, the description of each of the various primary election 
districts, the location of the polling place for each such district, and the 
number of delegates to be elected from each primary district to each 
convention. But no failure or error in such notice or in the call or 
application aforesaid, shall invalidate any primary election actually 
held, and any primary election held pursuant to any notice substan- 
tially like the above notice shall be deemed to be held under this act, 
and all judges of courts of record in the city shall take judicial notice 
of the holding of such primary election under this act. 

2 — 3 — 6. For purposes of primary elections under this act, in the 
more sparsely settled territory a regular election precinct may consti- 
tute a primary election district; but in populous sections, in order to 
save expense, from two to seven, but no more, entire contiguous elec- 
tion precincts of the same ward in as compact a form as practicable, 
may be joined so as to form one primary election district, but in such 
manner that each primary election district, consisting of two or more 
regular election precincts, shall include at least three regular election 
judges and two regular election clerks residing within such primary 
district and belonging to the party establishing such primary district. 
In no event shall any primary district contain more than eight hundred 
(800) voters, to be ascertained by the party vote of the party holding 



CITIES, VILLAGES AND TOWNS. 93 



said primary election cast at the last preceding presidential election. 
Primary districts, when lawfully established, shall remain as estab- 
lished for each party's successive primaries, except as changes may be 
necessitated by law. 

In each such primary election district there shall be a primary 
polling place, which shall be as near the center of population of such 
district as is practicable, and such primary polling place shall be in 
the most public, orderly and convenient part of such primary district, 
and within a room permitting easy ingress and egress to voters, and 
no building shall be designated or used as such polling place in which 
spirituous or intoxicating liquor is sold, or which is within one hundred 
(ioo) feet of any place where such liquor is sold. The central com- 
mittee or managing committee of any political party or organization 
entitled to hold such primary elections under this act shall establish 
such primary election districts and designate such polling places accord- 
ing to this act, not less than twenty-five (25) days before such primary 
election day. 

2 — 3 — 7. Not less than ten days before such primary election day, 
the board of election commissioners, by the general election law au- 
thorized to appoint judges and clerks for general elections, is, and are 
hereby, empowered to appoint, and shall, for such primary election 
district, appoint and swear in from the list of duly appointed and regu- 
lar election judges and clerks, and otherwise as herein provided, three 
judges and two clerks, who are members of such political party, to 
serve, respectively, as judges and clerks at such primary election : 
Provided, however, that such political party or organization, through 
its central or managing committee, shall have the right, not less than 
twenty-five (25) days before such primary election day, to designate 
and name for appointment for service at such primary election such 
certain of the regularly listed judges and clerks as were originally 
recommended and named or endorsed for appointment as regular elec- 
tion judges and clerks by such political party; and in case there are not 
a sufficient number of listed regular judges and clerks so originally 
recommended and named or indorsed by such political party to equip 
all primary polling places of such party, then such political party or 
organization may, not less than twenty-five (25) days before such 
primary election day, through its central or managing committee, 
recommend to such appointing power a sufficient number of qualified 
persons for appointment to serve as primary election judges and clerks 
to equip all the primary polling places of such party; and such board 
having such appointing power, to whom or to which such names are 
designated by such political party as aforesaid, shall, not less than ten 
days before such primary election day, select from the names so recom- 
mended, and shall notify, appoint and swear in such persons, if qualified 
to act as judges and clerks at such primary election ; and such persons 
so appointed shall serve as judges and clerks, respectively, at such pri- 
mary election. Except when only one or two regular election precincts 
form a primary election district, no two judges and no two clerks shall 
serve at the same primary polling place who reside in the same regular 
election precinct. In default of such designation or recommendation 



94 CITIES, VILLAGES AND TOWNS. 



of such judges and clerks by such political party, and in any case of 
vacancy among primary judges and clerks, then such board having the 
appointing power as aforesaid shall appoint and swear in from the list 
of duly appointed and regular election judges and clerks who are 
members of such party, a sufficient number of judges and clerks to 
equip all the primary polling places of such party. Such judges and 
clerks appointed under this act shall take an oath of office substantially 
as follows, and shall subscribe their names to the same : 

"I, , residing at , in the 

city of , in the State of Illinois, do solemnly swear 

(or affirm) that I am a legal voter and a member of the 

party and a householder in the ward of the city of 

, in the State of Illinois, that I will support the laws 

and constitution of the United States and of the State of Illinois, and 
that I will faithfully and honestly discharge the duties of primary 

election judge (or clerk) for the primary election district 

of the ward, of the city of , in the 

county of , in the State of Illinois, according to the 

best of my ability. 

Dated this day of , A. D 



In due time before such primary election day such appointing board 
shall notify every person designated as aforesaid and intended for ap- 
pointment as judge or clerk of the fact of his election ; and he shall, 
unless excused by such board, for good cause, be appointed as a judge 
or clerk, respectively, and he shall then be bound to serve as such judge 
or clerk for the ensuing primary election. Such board appointing 
judges and clerks as aforesaid shall keep a record of the names of all 
such persons so notified to appear, and whether such persons were re- 
jected for want of qualification or excused for cause; in such case the 
facts shall be noted. In case any person so notified fails to appear be- 
fore such board, as required in this act, or if he do appear and refuses 
to serve, or if he shall be sworn to serve and fail to serve on the day 
appointed, he shall be guilty of a misdemeanor under this act, unless 
good cause be shown to excuse his default for such service. In case 
the person intended for appointment does not appear upon notification, 
then other persons shall be notified by said board as aforesaid until 
eligible persons are found who will serve. All persons subscribing to 
the oath as aforesaid, and all persons actually serving as judges and 
clerks at any primary election, whether sworn in or not, shall be deemed 
to be, and are hereby declared to be, officers of the county court of the 
respective county ; and such persons shall be liable to punishment by 
such court in a proceeding for contempt for any misbehavior as such 
judge or clerk, to be tried in open court on oral testimony, in a sum- 
mary manner, without written pleadings ; but such trial or punishment 
for contempt of court shall not be any bar to any criminal proceedings 
against such primary judges or clerks for any violation of this Act. 

2 — 3 — 8. All the laws of this State, respecting the general elections 
in this State, now or hereafter in force in any election precinct or dis- 
trict in the city, except as the same are modified by the provisions of this 



CITIES, VILLAGES AND TOWNS. 95 



act, and so far as the same are applicable to the primary elections pro- 
vided for in this act, are hereby declared to be in force in each primary 
election district, respecting the primary elections provided for in this act. 

Polling places in the respective primary election districts shall be 
named, appointed, selected, provided, established, furnished, warmed, 
lighted, maintained, conducted, and supervised ; 

And all necessary ballot boxes, registry books, statements of votes, 
tally sheets, blanks, poll books, stationery and supplies shall be pro- 
vided, furnished, delivered, returned and used ; 

And notice of such primary election shall be given and posted ; 

And all judges and clerks shall be paid, appointed upon the recom- 
mendation of the central committee or managing committee, as afore- 
said, qualified, notified, directed, instructed, sworn, and vacancies in 
their number supplied ; 

And such primary elections in each election district shall be con- 
ducted, supervised, regulated and controlled ; 

And after being used at any primary election, all registry books, poll 
books, tally sheets, ballots, statements of votes, returns, ballot boxes, 
ballot box keys, and other election paraphernalia shall be preserved, 
kept, stored, accounted for and returned ; 

And the polling places and the polls of such primary election shall be 
open and closed respectively ; 

In the same manner and by the same board or judges and clerks, as is 
provided by law in force in any election precinct or district in the city, 
respecting the general elections, except as such general election laws 
are modified by this act, and except as to the time of appointing the 
respective polling places in the various election precincts or districts, 
which time shall be at least ten ( 10) days before each primary election 
day. 

The board of election commissioners, or any or all of them, by the 
general election law authorized to furnish or have the custody of gen- 
eral election ballot boxes, general registry books of voters, and other 
election paraphernalia, shall, in due time before primary election day, 
notify one or more of the judges of each election district to appear be- 
fore such board in due time before primary day ; and such judges shall 
appear within such time, and such board shall deliver to such judge or 
judges for each primary election district one ballot box, also one regu- 
lar election registry book of voters for each regular election precinct 
included in the primary election district ; also sufficient poll books, tally 
sheets, blank affidavits, oaths, statements of votes, delegates' certifi- 
cates of election ; also all other blanks, papers and supplies necessary to 
carry out the provisions of this act. 

2 — 3 — 9. The expenses of conducting such primary election shall be 
paid by the city to which this act shall apply, as hereinafter provided, 
including the salaries of judges and clerks, the cost of ballot boxes, 
registry books, poll books, return sheets, stationery, supplies, polling 
places and such other expense as are necessary and incidental to carry 
out the provisions of this act. 

The board of election commissioners shall audit all the claims of such 
judges and clerks of such primary election: Proinded, that all expense 



96 CITIES, VILLAGES AND TOWNS. 



incurred by said board of election commissioners shall be paid by such 
city. Such expenses are to be audited by the county judge and shall be 
paid by the city treasurer upon the warrant of such county judge out of 
any money in the city treasury not otherwise appropriated. It shall be 
the duty of the governing authority of such city to make provision for 
the prompt payment of such expenses. At all primary elections for city 
officers, though other than city officers may be nominated at the same 
time, and at all primary elections in a part of such city, such city shall 
pay such judges and clerks for their services under this act. At all 
general, county and State primary elections, though other than State 
and county officers are to be nominated, and at all primary elections 
where other than judicial officers are to be nominated, such county shall 
pay such judges and clerks for their services under this Act. Said 
board of election commissioners shall audit all the claims of judges and 
clerks and shall draw a warrant therefor upon such city or county 
treasury, as the case may be. 

2 — 3 — io. The judges and clerks of such primary election shall be 
allowed the sum of five dollars ($5.00) each per day for their services 
in attending such primary election. 

2 — 3 — n. In order to be qualified to vote at a party's primary elec- 
tion, the person offering to vote shall be a member of the particular 
party and legally qualified to vote at the next ensuing regular election. 
He shall be registered on the regular election registry books within the 
primary district and reside within the district in which he offers to vote : 
Provided, no person shall be deemed to be a member of a particular 
party if he has signed any petition for the nomination of any person 
with reference to the nominations for the next ensuing regular elections, 
or if he has voted at the primary election of another party within the 
period of one year next preceding : Provided, any legal voter of a pre- 
cinct shall be entitled to vote in case he shall file with the judges of the 
primary election an affidavit, stating the time when he removed into 
such precinct and the length of his legal residence in such precinct, 
county and State, and that he has removed into that precinct since the 
last registration of electors at the last election, and that he is a legal 
voter of such precinct, supported by an affidavit of a registered voter 
and householder of the precinct that he knows such person, and that 
his statements as to the time of residence, as aforesaid, are correct, and 
that such person is a legal voter in such precinct. But it shall be the 
duty of such judges of the primary election to examine him on oath as 
to his qualifications, and, if they are of the opinion that he is not a legal 
voter, or did not remove into such precinct since the last general or in- 
termediate registration, they shall not accept his vote. The books of 
registry shall be used at such primary elections, and no one can vote 
unless upon such registry, except under the circumstances and through 
the method aforesaid. All affidavits shall be returned to the office of 
the board of election commissioners by the judges of the primary 
election after every primary election. 

2 — 3 — 12. None but legally qualified voters residing in the primary 
district to be represented shall be eligible as delegates to any convention 
of such party. Judges and clerks acting as such at any primary election 



CITIES, VILLAGES AND TOWNS. 97 



shall be ineligible as delegates or alternates to any such convention. No 
person shall act as a delegate to any such convention except when 
elected a delegate, according to this Act : Provided, that in the absence 
of a delegate, then delegates of the district present shall select any 
qualified member or members of the party as delegates to fill such 
vacancies. If no delegates from a given district are present, the vacant 
delegation may be filled by the delegate or delegates present from that 
ward. No delegate to any convention held under the provisions of this 
Act shall have any power or authority to name or appoint any proxy 
or substitute to vote for in his stead, and no proxy or substitute ap- 
pointed by any delegate shall be binding or effective on any convention 
or conventions held under the provisions of this Act. 

2 — 3 — 13. At such primary elections the manner of voting shall be 
by ballot. The ballots shall all be of uniform size, and ten and one-half 
(10^2) inches in length and seven (7) inches in width. The ballots 
shall be printed or written, or partly printed or partly written, upon 
plain white print paper. Any person or persons may, at private ex- 
pense, furnish such ballots, and no primary election ballot shall be fur- 
nished at public expense. The name of each delegate for whom the 
voter intends to vote shall appear on one ballot, on one and the same 
side thereof in plain letters, together with the name of the convention to 
which such delegates are to be elected. Immediately preceding the list 
of delegates to any convention may appear the name of the candidate 
or candidates for whom such delegates are expected to vote in such 
convention, or the word "unpledged" may appear, and at the top of the 
ballot may appear the simple party name, the primary district precincts 
comprising same and the location of the polling place. Unless ballots 
substantially comply with this Act, in size and color, the same shall be 
void for all purposes and shall not be received or deposited or counted 
by any person or judge at any primary election; and all ballots not in 
accordance with the provisions of this act, but which by any mistake 
may have been deposited in the ballot box, shall be void, and shall be 
marked "defective" on the back thereof ; but no ballot shall be defective 
because the voter depositing the same has named upon it a less number 
of delegates than such voter was entitled to vote for. If the voter votes 
for more persons than there are delegates to be elected, to a certain con- 
vention, or if for any reason it is impossible for the judges to determine 
the voter's choice, such ballot or part thereof shall not be counted. 
Ballots not counted shall be marked "defective" on the back thereof, 
and ballots to which objection has been made by either of the judges or 
challengers shall be marked "objected to" on the back thereof, and a 
memorandum, signed by the judges, stating how it was counted, shill 
be written upon the back of each ballot so marked, and all "defective," 
or "objected to' : shall be enclosed in an envelope securely sealed and so 
marked and endorsed as to clearly indicate its contents. The judges 
shall receive from any person and permit to be freely and equally ex- 
posed, in separate and orderly piles, within the polling place, near the 
ballot box and within reach of voters, a sufficient supply of each of the 



7L 



CITIES, VILLAGES AND TOWNS. 



various primary tickets or ballots ; and the judges shall hand one of 
each of the various tickets to each and every person qualified to vote ; 
and whenever the supply of any of the various tickets becomes insuffi- 
cient, the judges shall immediately mention the fact of such insufficiency 
to one or more of the candidates or persons interested in said ticket. 
Any judge or clerk, or any other person, who shall in any manner con- 
ceal or remove or destroy any such supply of tickets, or who shall' 
hinder or prevent or interfere with the free and equal reception, ex- 
posure, distribution, use or supply of such various primary tickets or 
ballots, or who shall do any electioneering within ioo feet of the poll- 
ing place shall, upon conviction thereof, be deemed guilty of a mis- 
demeanor. 

2 — 3 — 14. The polls of such primary election shall be opened at 
twelve o'clock noon, and continue open until seven o'clock in the after- 
noon of the same day, at which time the polls shall be closed ; if any 
judge or clerk, without lawful excuse, shall be behind time for fifteen 
(15) minutes after the time for opening such polls, he shall be guilty of 
a misdemeanor under this act and punished accordingly. No judge or 
clerk shall absent himself to exceed five (5) minutes at any time until 
the ballots are all cast and counted and returns made ; and, when absent 
for any cause during such time, said judge or clerk shall authorize some 
one of the same political party with himself to act for him until his 
return. If any judge or clerk shall not be present after the expiration 
of fifteen (15) minutes from the time to open the polls, the judge or 
judges present shall fill the place of such absent judge or clerk and one 
of the judges shall administer to such substitute the oath, as required of 
the judges or clerks when originally appointed, and blank forms shall 
be provided for such purpose, which oath shall be preserved and re- 
turned by the judges to the proper officer or the board, and such ap- 
pointee shall be subject to the same punishment and penalties as any 
other judge or clerk. Whenever such regular judge or clerk shall be 
present such substitute shall cease to act. If all judges or clerks fail to 
appear at the proper time at the polling place, or in case no primary 
judges and clerks have been appointed as provided in this act, then 
by standing voters of such primary district, to the number of five (5) 
or more, of such political party may elect legal voters of such party to 
act as judges or clerks. Such judges and clerks, elected as last afore- 
said shall have full power to conduct such primary election in accord- 
ance with this act. Any judge or clerk who shall wilfully absent himself 
from the polls on such primary election day without good cause shall 
be guilty of a misdemeanor under this act; and if any judge or clerk 
shall wilfully detain any registry book or poll book, or other election 
paraphernalia, and not cause it to be produced at the polling place at 
the opening of the polls, or for fifteen (15) minutes thereafter, he shall 
be guilty of a misdemeanor under this Act. 

If for any good cause a primary election can not be held at the poll- 
ing place designated or appointed as aforesaid, the judges of such poll- 
ing place may, at the time set for the opening [of] the polls of such 
primary election, adjourn such election to the most convenient polling 
place, near by, which is otherwise suitable according to this act ; and 



CITIES, VILLAGES AND TOWNS. 99 



such judges shall publicly proclaim such change and post a notice of 
such change on the polling place originally appointed. 

2 — 3 — 15. Before voting begins the ballot box shall be empty; and 
it shall be opened and shown to those present to be empty ; and it shall 
not be removed from the public view from the time when it is shown to 
be empty until after the close of the polls. It shall be locked and the 
key delivered to one of the judges, and it shall not be again opened 
until the close of the polls. The judges of election shall each be held 
guilty of a misdemeanor, under this act, if such ballot box shall not by 
them be kept constantly in public view during the progress of the elec- 
tion, unless it shall be shown by any judge that he protested against any 
obstruction of the view of the ballot box and was overruled by the 
majority of the judges. Voters shall be admitted within the polling 
place, and there shall be permitted no handing in of votes through win- 
dows, doors, or other openings. 

2 — 3 — 16. Each of the clerks of election, in the poll books kept by 
him, shall enter in the proper column the name of each person whose 
vote is duly received for deposit in the ballot box ; and in the column 
under the heading "Number" he shall note the successive number of 
each successive voter ; and in the column headed "Residence" he shall 
note the residence of each such voter. Each page of special book shall 
be substantially in the following form : 

REPUBLICAN (OR DEMOCRATIC.) 

POLL BOOK. 

Of a primary election held in the primary district 

of the ward, of the city of Chicago, county of Cook, Illinois, 

on the day of . A. D. 190 . . . 

This is to certify that the within list is a correct list of (Republican 

or Democratic) voters at a primary election held on the day of 

A. D. . . . , in the primary district of the 

ward, in the city of Chicago, county of Cook, and State of 

Illinois. 

And that on said primary election day 190. . . , 

the undersigned judges and clerks served, and are entitled to pay 
therefor. 



\ 

Dated 190. . 



- Judges of Election. 

Clerks of Election. 



100 CITIES, VILLAGES AND TOWNS. 



NO. OF VOTES. 



NAMES OF VOTERS. 



RESIDENCE. 



Such poll books shall otherwise be of the form, and shall contain the 
same certifications, as nearly as may be, as the poll books used in the 
regular elections, and such poll books shall be signed and attested in 
the same manner as poll books for the purpose of general elections. 

2 — 3 — ly. One of the judges of such election shall receive the ballot 
from the voter and shall announce the residence and name of such voter 
in a loud voice ; such ballot shall be folded by the voter in such a man- 
ner that the contents thereof cannot be seen without unfolding such 
ballot. If the judges of election are satisfied that the person offering to 
vote is a legal voter, whose name is registered on the regular election 
registry books, and are satisfied that he is a member of the political 
party holding such primary election, and, if no challenge is interposed, 
the judge receiving such ballot shall again announce to the clerks of 
election the residence and name of the person offering such ballot, and 
such judge shall mark with pencil or ink the initials of his own name 
on the back of such ballot as it is folded and thereupon such judge, 
after holding up and showing the ballot to be so marked, shall imme- 
diately, in the presence of the voter offering such ballot, and keeping 
the same in plain view of the judges and clerks of election and of such 
voters and challengers as may be present, deposit into the slot of the 
ballot box the ballot thus received and marked, and no other and 
thereupon the clerks of election shall enter upon the poll books 
in the proper column the name and proper successive num- 
ber of each voter and his residence. The : judges and clerks, 
and each of them, shall see to it that each ballot is en- 
dorsed, as aforesaid. If such person shall be challenged as dis- 
qualified, the person challenging shall assign his reason therefor, and 
thereupon one of said judges shall administer to the person offering to 
vote an oath to answer all questions truthfully, and if he shall take such 
oath he shall then be questioned by said judge or judges touching such 
cause of challenge, and touching any other cause of disqualification, 
and he may also be questioned by the person challenging him in regard 
to his disqualification and identity but if a majority of the judges are 
of the opinion that he is the person so registered and a voter qualified 
to vote at such party primary election, his vote shall then be received 
and deposited. But if the vote of a person apparently registered be 
rejected by such judges, such person may afterwards produce and de- 
liver an affidavit to such judges, subscribed and sworn to by him before 
one of said judges, in which it shall be stated how long he has resided 
in any precinct within such primary district, and in the county 
and State ; that he is a male citizen of the United States, 



CITIES, VILLAGES AND TOWNS. 101 



and is a member of the political party holding such election, 
and is a duly qualified voter at such primary election in such 
district, and that he is the identical person so registered or 
so named. But the affidavit aforesaid shall be supported by 
an affidavit by at least two registered voters, who are householders 
residing in such primary district, stating their own residence and that 
they know such person to be a member of the political party holding 
such primary election, and that such person does reside at the place 
mentioned, and has resided in such primary district and in such election 
precinct, county and State for the length of time as stated by such 
person, which affidavit shall also be subscribed and sworn to as the 
affidavit last aforesaid. Whereupon the vote of such person shall be 
received and entered as other votes. But the clerks having charge of 
such poll book shall state in their respective poll books the facts in such 
case and the name of the person challenging and the affidavits so de- 
livered to said judges shall be preserved and returned to the officer 
entitled to receive them. Any registered voter of the party in the district 
may challenge. Blank affidavits of the character aforesaid shall be sent 
out to judges of all the districts, and the judges of election shall furnish 
the same on demand and administer the oath without criticism. Such 
oaths, if administered by any other officer than a judge of election, shall 
not be received: Provided, that no judge, challenger or other person 
shall in bad faith, or for purpose of delay, challenge or question reg- 
istered voters of the district. 

2 — 3 — 1 8. The judges of election shall permit each different ticket 
of delegates to be represented by a challenger, who shall be a resident of 
the primary district chosen by a majority of those named for delegates 
on any particular ticket. Said challengers shall be protected in the dis- 
charge of their duty by the judges of election and the police. Said 
challengers shall be permitted to remain wihin the polling place in such 
a position as will enable them to see each person as he offers his vote ; 
and said challengers may remain within the polling place throughout 
the canvass of the vote and until the returns are signed. 

The challengers shall be permitted to remain so near that they can see 
the judges and clerks are faithfully performing their duties. 

2 — 3 — -19. The judges of election shall admit one or more policemen 
to be present in said polling place at the time of such canvass None 
but the officers of such primary election challengers and peace officers 
shall occupy such polling place except for the purpose of voting. 

2 — 3 — 20. The judges of election shall have the power to administer 
and certify oaths required during the progress of any primary election 
held under this act, and they shall have authority to keep the peace, and 
to cause any person to be arrested for any breach of the peace or for 
any breach of election laws, or any interference with the progress of 
such election or of the canvass of the ballots, and it shall be the duty of 
all officers of the law present to obey the orders of such judges of 
election, and an officer making an arrest by the order of any judge for 
any violation of the provisions of this act shall be protected in making 
such arrest the same as if a warrant had been issued to him to make 
such arrest. 



102 CITIES, VILLAGES AND TOWNS. 



2 — 3 — 21. Immediately upon the closing of the polls the judges and 
clerks shall proceed to canvass the votes polled. If two or more ballots 
are found folded together and within each other, so as to appear to have 
been cast by the same person as one ballot, and (in) the inner ballot or 
ballots are without the proper initial mark, as provided in this act, then 
all such ballots so folded together, including the outer one, whether such 
outer one is properly marked on the back thereof as provided in this act 
or not, shall, as nearly as may be, in the same condition as found, be 
marked "stuffed," and such ballots shall be void and shall not be 
counted, and the same shall be placed in an envelope marked "stuffed 
ballots" which envelope shall be sealed and preserved, together with the 
other ballots. If the ballots remaining shall be found to exceed the 
number of names entered on the poll list, such judges and clerks shall 
reject the ballots, if any be found upon which the proper initial marks 
do not appear. If the number of ballots still exceeds the number of 
names entered on such poll list, the ballots remaining shall be replaced 
in the ballot box and the box closed and well shaken, and again opened, 
and one of the judges shall publicly draw out and destroy so many 
ballots unopened as shall be equal to such excess, keeping a note of the 
number of such ballots and nothing [noting] the same on the statement 
of returns. Such judges and clerks shall then proceed to count, declare 
and record the votes in the following manner: The judges shall open 
all the ballots and place in separate piles those which contain the same 
names throughout. Each of the judges shall examine such separate 
piles and exclude from such piles any ballots which do not contain all 
the same names for all the same conventions. One of said judges shall 
then take one pile of the ballots which contain the same names and 
count them carefully, examining each name and convention on each oi 
such ballots. Such judge shall then pass the ballots aforesaid to the 
judge sitting next to him, who shall count them in the same manner, 
and he shall then pass them to the third judge, who shall also count 
them in the same manner. The third judge shall then call the names 
of the persons named in such ballots and the conventions for which they 
are designated, together with the number of votes for each so far as 
counted, and the poll clerks shall tally the number of votes for each 
of such persons on tally sheets. When such judges have counted 
through such first pile of ballots containing the same names, and when 
the poll clerk shall have tallied the votes for each of the delegates named 
in such ballots they shall then take up the next pile of ballots containing 
the same names and shall count them in the same manner as last afore- 
said. When the counting of each pile of ballots which contain the same 
names shall be completed the poll clerks shall compare their tallies to- 
gether and ascertain the total number of ballots of that kind so can- 
vassed, and when they agree upon the number, one of them shall an- 
nounce it in a loud voice to the judges. The judges shall then canvass 
the other kind of ballots, which, in names or conventions, do not 
correspond with one another. They shall be canvassed separately by 
one of the judges, sitting between two other judges, which one judge 
shall read to the clerks from each such ballot each name and the con- 
vention for which such name is designated, and the other judges look- 



CITIES, VILLAGES AND TOWNS. 108 



ing at the ballot at the same time, and the poll clerks tallying the same. 
When all these ballots have been canvassed in this manner, the clerks 
shall compare their tallies together and ascertain the total number of 
votes received by each person, and when they agree upon the number, 
one of them shall announce in a loud voice to the judges the number of 
votes received by each person. 

2 — 3 — 22. Such canvass shall not be adjourned or postponed until 
the several statements hereinafter required to be made by the judges 
and clerks have been made and signed by them. Upon the complete -n 
of such canvass, the judges of election shall declare the result thereof, 
and such declaration shall be prima facie evidence of the result. The 
judges of election shall make two statements of all the votes cast at such 
primary election. Such statement shall be substantially in the following 
form: 

REPUBLICAN (OR DEMOCRATIC) 

STATEMENT OF VOTES. 

STATE OF ILLINOIS, 



County of f SS- 

At a primary election held on the . . . .day of A. D. 190. . 

between the hours of 12 o'clock noon and 7 o'clock p. m., at 

in the primary district of the ward of the city of 

Chicago, county of Cook, and State of Illinois, the following named 
persons received the number of votes annexed to their respective names 
for the following described conventions, to-wit : 







received . . . 

received . . . 

received . . . 


votes for city convention 

votes for city convention 

votes for city convention 






received 

received 


. . .votes for ward convention 
. . .votes for ward convention 





This is to certify that the foregoing statement, showing the total 
number of votes for each of the above mentioned persons for the con- 
ventions annexed to their respective names, is correct in every respect. 

Given under our hands this day of 

A. D. 19. .. 



Judges of Election. 
(Witnessed by) 



Clerks of Election. 



Such statements shall show the whole number of votes given for 
each person, and the convention for which he is designated, and such 



104 CITIES, VILLAGES AND TOWNS. 



judge shall certify that such statements are correct in every respect, 
and the clerks of election shall witness the same. Each such statement 
and each sheet of paper forming a part of such statement shall be sub- 
scribed by the judges and election clerks. If any judge or clerk shall 
decline to sign such statements, he shall state his reasons therefor in 
writing, and a copy thereof, signed by himself, shall be enclosed with 
each statement. One statement, after being made out as aforesaid, 
shall be enclosed in an envelope, properly endorsed and each of the 
judges shall write his name across every fold at which the envelope, if 
unfastened, could be opened, and the same shall, by one of such judges 
be addressed and carried to the office of the chairman of the central 
committee or managing committee of such political party, who filed the 
call or application for primaries, and the receipt of such chairman shall 
be taken therefor. The other statement shall also be enclosed in an 
envelope, which shall then be securely sealed, and each of the judges 
shall write his name across every fold at which the envelope, if un- 
fastened, could be opened. On the outside of such envelope shall appear 
substantially the following words : "Statement of all Republican (or 

Democratic) votes cast at the Primary District of the 

ward of the City of Chicago, County of Cook, on 

the day of A. D. 19 

The envelope last aforesaid shall be addressed to the board of election 
commissioners, by the general election law charged with the duty of 
receiving and preserving election returns and one of the judges shall 
carry the same to such board and take a receipt for the same. 

2 — 3 — 23. The judges of election of each primary district shall issue 
a certificate of election to each person who has received a plurality of 
all the votes cast for delegates to any particular convention from such 
primary district, and they shall deliver the same to the persons entitled 
thereto. In case two or more persons each receive the same and the 
highest number of votes cast for delegates to the convention, then the 
judges of election shall then and there decide by lot which person or 
persons shall be entitled to such certificates, and they shall issue to 
each such person so chosen such certificate, and make a note of such 
fact upon the statements provided for in this Act. Such certificate of 
election shall be evidence prima facie of the right of the person therein 
named to a seat in the convention therein named. 

2 — 3 — 24. Any person who shall wilfully, corruptly and falsely 
swear or affirm in taking any oath or affirmation prescribed by or upon 
any examination provided for in this Act, and every person who shall 
wilfully and corruptly instigate, advise, induce or procure any person 
to swear or affirm falsely, as aforesaid, or attempt or offer so to do, 
shall be guilty of perjury or subordination [subornation] of perjury, as 
the case may be, and shall, upon conviction thereof, suffer the punish- 
ment directed by law in cases of wilful and corrupt perjury. 

2 — 3 — 25. If any judge or clerk shall neglect or refuse to canvass 
the votes at the time and in the manner provided for in this Act, or 
refuse to make the returns required in this Act, he shall, upon convic- 
tion thereof, be adjudged guilty of a misdemeanor under this Act. 



CITIES, VILLAGES AND TOWNS. 105 



2 — 3 — 26. Every judge of election , clerk or other officer or person 
authorized to take part in or perform any duty in relation to any can- 
vass or official statement of the votes cast at such election in any district, 
who shall wilfully make any false canvass of such votes, or who shall 
make, enter, write, sign, publish or deliver any false return of such 
election, or any false statement of the result of such election, or any 
material writing incidental to such election, knowing the same to be 
false, shall, on conviction thereof, be adjudged guilty of a felony 
under this Act. 

2 — 3 — 27. If any person acting as judge at such primary election 
shall wilfully, fraudulently and without lawful excuse refuse to make 
out, sign or deliver to the person entitled thereto any certificate of elec- 
tion as delegate, provided for in this Act, or shall wilfully and fraudu- 
lently make out, sign and issue such certificate of election to any per- 
son not entitled thereto, or shall issue such certificate of election to 
any person at any time in advance of the official count of the votes 
at such polling place, or shall commit any other wilful or fraudulent 
act with reference to such certificate, such person shall, upon conviction 
thereof, be adjudged guilty of a felony under this Act. 

2 — 3 — 28. If any judge of election shall, without urgent necessity, 
absent himself from the polling place during election, whereby less 
than a majority of all the judges of such election district shall be 
present during such hours of election or canvass of ballots ; or if at 
any election any judge of election or clerk shall, knowingly and wilfully, 
receive any vote, or proceed with the canvass or ballots, or shall consent 
thereto, unless a majority of the judges of election are present and 
concur, such judge or such clerk shall be guilty of a misdemeanor 
under this Act. 

2 — 3 — 29. Any judge of election who shall wilfully exclude any 
vote duly tendered and unchallenged, knowing that the person offering 
the same is lawfully entitled to vote at such election, or who shall 
wilfully receive a vote from any person who has been duly challenged 
in relation to his right to vote at such election, without exacting from 
such person such oath or other proof of qualifications as 'may be 
required by law, shall, upon conviction thereof, be adjudged guilty 
of a misdemeanor under this Act. 

2 — 3 — 30. If any judge of election shall knowingly and wilfully 
cause or permit any ballot or ballots, or semblance thereof, to be in 
the ballot box at the opening of the polls and before voting begins, or 
shall knowingly, wilfully and fraudulently put or permit to be put, any 
ballot, or other paper having the semblance thereof, into any such box 
at any such election : 

Or if any person, other than a judge of election, shall at any such 
election wilfully and fraudulently put, or cause to be put, any ballot 
or ballots, or other paper having the semblance thereof, into any box 
used at such election for the reception of votes ; 

Or if any person shall at such election fraudulently change or alter 
the ballot of anv elector or substitute one ballot for another ; 



CITIES, VILLAGES AND TOWNS. 



Or if any such judge of election or other officer or person shall 
fraudulently, during the canvass of ballots, in any manner change, 
substitute or alter any ballot taken from the ballot box then being 
canvassed, or from any ballot box which has not been canvassed ; 

Every such judge or person shall, upon conviction thereof, be ad- 
judged guilty of a felony under this Act. 

2 — 3 — 31. If any judge of election, clerk or other officer of election, 
of whom any duty is required in this Act or by the general laws of 
this State, for the omission of which duty no punishment is provided, 
shall be guilty of any wilful neglect of such duty, or of any corrupt 
or fraudulent conduct or practice in the execution of the same, he 
shall, upon conviction thereof, be adjudged guilty of a misdemeanor 
under this Act. 

2 — 3 — 32. Any person, or any member of a board, or any judge of 
election, clerk or other officer, who is guilty of stealing, wilfully and 
wrongfully breaking, destroying, mutilating, defacing, falsifying, or 
unlawfully removing or secreting or detaining the whole or any part 
of any ballot box or receptacle for ballots, or any record, registry of 
voters, or copy thereof, oath, return or statement of votes, certificate, 
poll list, or of any paper or document provided for in this Act : 

Or who shall fraudulently make any entry, erasure or alteration 
therein except as allowed and directed by the provisions of this Act, 
or who permits any other person so to do, shall, upon conviction thereof, 
be adjudged guilty of a felony under this Act. 

Every person who advises, procures or abets the commission of any 
of the acts mentioned in the last preceding two paragraphs shall, upon 
conviction thereof, be adjudged guilty of a felony under this Act. 

2 — 3 — 33. If any person knowingly or wilfully shall obstruct, hinder 
or assault, or by bribery, solicitation or otherwise interfere with any 
judge of election, clerk or challenger, in the performance of any duty 
required of him, or which he may be by law authorized or permitted 
to perform : 

Or if any person, by any of the means before mentioned or otherwise, 
unlawfully shall, on the day of election, hinder or prevent any judge of 
primary election, clerk or challenger in his free attendance and presence 
at the place of election in the primary election district in and for which 
he is appointed or designated to serve ; 

Or in his full and free access and egress to and from any such place 
of election ; 

Or, shall molest, interfere with, remove or eject from any such 
place of election any such judge of election, clerk or challenger, except 
as otherwise provided in this Act, or shall unlawfully threaten, or at- 
tempt or offer so to do; 

Every such person shall be guilty of a misdemeanor under this Act. 

2 — 3 — 34. If any person shall wilfully disobey any lawful command 
of any judge of election, given in the execution of his duty as such, at 
any such primary election, he shall, upon conviction thereof, be ad- 
judged guilty of a misdemeanor under this Act. 



CITIES, VILLAGES AND TOWNS. 107 



2 — 3 — 35. If, on any day of primary election, or during the canvass 
of the votes cast thereat, any person shall cause any breach of the 
peace, or be guilty of any disorderly violence, or threats of violence, 
whereby any such election or canvass shall be impeded or hindered or 
whereby the lawful proceedings of any judge of election, or clerk, 
or other officer of such election, or challenger, are interfered with, or 
causes intoxicating liquors to be brought or sent to the polling place, 
every such person, shall upon conviction thereof, be guilty of a mis- 
demeanor under this Act. 

2 — -3 — 36. Any person who votes with a certain party at such pri- 
mary election, when he knows he is not qualified so to vote under the 
provisions of this Act, shall, upon conviction thereof, be deemed guilty 
of a misdemeanor under this Act. 

2 — 3 — 37. If any person who shall have been convicted of bribery, 
felony or other infamous crime under the laws of any State, and who 
has never received a pardon for such offense from the officer or board 
entitled to grant such pardon, shall thereafter vote, or offer to vote, 
at any primary election in such city, village or incorporated town, he 
shall, upon conviction thereof, be adjudged guilty of a misdemeanor 
under this Act. 

2 — 3 — 38. If any person, knowing that he is not qualified to vote 
at such primary election takes a place in any line of voters waiting to 
vote at any election, or if any person, after having voted at such elec- 
tion, takes a place in such waiting line, or if any person repeatedly takes 
a place in such waiting line without voting when the opportunity comes, 
and who systematically gives up his place in such waiting line, such 
person shall, upon conviction thereof, be adjudged guilty of a mis- 
demeanor under this Act. 

2 — 3 — 39. If, at any such election, any person shall falsely personate 
any elector legally qualified to vote at such primary election, and vote, 
or attempt or offer to vote, in or upon the name of such elector or other 
person, living or dead; or shall knowingly, wilfully or fraudulently 
vote or attempt or offer to vote more than once, or vote in more than 
one primary district; or shall by force, threat, menace, intimidation, 
bribery or reward, or offer or promise thereof, or otherwise unlawfully, 
either directly, or indirectly, influence or attempt to influence any 
elector in giving his vote ; 

Or shall unlawfully prevent or hinder, or unlawfully attempt to pre- 
vent or hinder, any qualified voter from freely exercising the right of 
stiff rage ; 

Or shall, by any such unlawful means, compel or induce, or attempt 
to compel or induce, any judge of e'xtion or other officer, to receive the 
vote of any person not legally qua 1 ified or entitled to vote at the said 
election ; 

Or by any such means, or other unlawful means, wilfully, knowingly 
or fraudulently counsel, advise, induce, or attempt to induce, any 
judge of election or other officer of election, whose duty it is to ascer- 
tain, proclaim, announce or declare the result of any such election, to 
give or make any false certificate, document, report, return or other 



108 CITIES, VILLAGES AND TOWNS. 



false evidence in relation thereto, or to refuse to comply with his duty, 
as specifically provided for in this Act, or to refuse to receive the vote 
of any person entitled to vote therein ; 

Or shall aid, counsel, advise, procure or assist any legally qualified 
voter, person or judge of election, or other officer of election, to do 
any act by law forbidden, or in this Act constituted an offense ; 

Every such person shall, upon conviction thereof, be adjudged guilty 
of a misdemeanor under this Act. 

2 — 3 — 40. If any person shall, at any such election, fraudulently 
furnish any elector with a ballot containing more than the proper num- 
ber of names; 

Or shall intentionally practice any fraud upon any elector to induce 
him to deposit a ballot as his vote, and to have the same thrown out 
and not counted, or to have the same counted for a person or candidate 
other than the person or candidate for whom such elector intended to 
vote ; or otherwise defraud him of his vote ; or if any person shall order 
or cause to be printed a bogus or partly bogus primary ticket, or a pri- 
mary ticket of delegates or alternates without first having secured the 
consent of each person named on such ticket to stand as delegate or 
alternate delegate for a specified convention on that particular ticket 
of names ; or if any person causes to be brought or sent to the vicinity 
of a polling place such unauthorized tickets in order that they may be 
distributed ; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of a misdemeanor under this Act. 

2 — 3 — 41. Any person who shall make, seek or obtain for himself 
or another, a false certificate of election as delegate or alternate delegate 
to any convention, knowing that he or such other person is not entitled 
thereto, and any person who shall use, or attempt to use, such certificates 
of election, knowing the same to be false or fraudulent or to have been 
issued for another person ; and any person who shall fraudulently, 
knowingly and without right, act as a delegate or alternate delegate 
to any such convention, shall, upon conviction thereof, be adjudged 
guilty of a felony under this Act. 

2 — 3 — 42. If any person shall commit any act prohibited herein, 
or refrain from doing any act or duty required to be done herein, and 
if any person shall in any manner be guilty of a violation of this Act, 
whether the same is denominated an offense or not, and for which no 
punishment is herein specifically provided, such person shall, upon 
conviction thereof, be adjudged guilty of a misdemeanor under this 
Act. 

2 — 3 — 43. Any person adjudged guilty of an offense demonimated 
a misdemeanor under this Act shall be fined not less than twenty-five 
dollars ($25) nor more than one thousand dollars ($1,000) or shall 
be imprisoned in the county jail not less than one month nor more 
than two years, or any such person may be punished by both such fine 
and imprisonment. 



CITIES, VILLAGES AND TOWNS. 109 



Any person adjudged guilty of an offense denominated a felony in 
this Act, shall be punished by imprisonment in the penitentiary for 
not less than one year nor more than five years. 

2 — 3 — 44. The word "householder," as used in this Act, shall mean 
the chief, or head, of a family, who resides with a family as a family 
and who supports and provides for such family as an independent 
family. 

2 — 3 — 45. In all prosecutions and in all contests under this Act 
it shall be the lawful duty of the board of election commissioners or 
other officers having the custody thereof to produce, open, exhibit and 
offer in evidence any notice, ballot box, registry book, bundle of ballots, 
returns, statements or other documents or papers relating to the par- 
ticular prosecution or contest for the purpose of enabling a full in- 
vestigation. 

2 — 3 — 46. Irregularities or defects in the mode of calling, noticing, 
convening, holding or conducting any primary election authorized by 
law shall constitute no defense to a prosecution for a violation of this 
Act. When an offense shall be committed in relation to any primary 
election an indictment for such offense shall be sufficient, if it allege 
that such election was authorized by law, without stating the call or 
notice of election aforesaid, the names of the judges or clerks holding 
such election, or the names of the persons voted for at such election. 
Judicial notice shall be taken of this Act in any county, city, village or 
incorporated town to which this Act shall apply, and of the holding 
of any election thereunder on any primary election day. 

2 — 3 — 47. It shall be the duty of the board of election commis- 
sioners to make all necessary rules, instructions and regulations not in- 
consistent with the provisions of this Act, with reference to the con- 
duct of primary elections held in accordance with the provisions con- 
tained herein. 

ARTICLE III. 
The Mayor. 

3 — 1. The chief executive officer of the city shall be the mayor, who 
shall be a citizen of the United States and a qualified elector of the city, 
who shall have been a resident of the city for at least five years immed- 
iately preceding his election, and who shall be elected for a term of 
four years. 

The first election for mayor after this charter shall have taken effect 
shall take place on the first Tuesday of April in the year 191 1. The 
mayor holding office at the time of this charter shall take effect shall 
continue to hold office until his successor shall be elected and have 
qualified. 

3 — 2.' The mayor shall receive such compensation as the city 
council may by ordinance direct, but his compensation shall not be 
changed during his term of office. 

3 — 3. If the mayor, at any time during the term of his office, shall 
cease to be a resident of the city, his office shall thereby become vacant. 



110 CITIES. VILLAGES AND TOWNS. 



3 — 4. Whenever a vacancy shall happen in the office of the mayor, 
in case the unexpired portion of the term shall be one year or more 
from the date when the vacancy occurs, it shall be filled at the next 
election held in and for the entire city. 

3 — 5. If the vacancy is less than one year, the city council shall 
elect one of its number to act as mayor, who shall possess all the 
rights and powers of the mayor until the next regular election for 
mayor, and until his successor is elected and has qualified. 

3 — 6. During the temporary absence or disability of the mayor, 
the presiding officer of the council shall temporarily act as mayor. 

The presiding officer of the council shall also temporarily act as 
mayor in a case of a vacancy in the office of the mayor until such 
vacancy can be filled, as hereinbefore provided. 

The person temporarily acting as mayor shall not exercise any 
power of appointment to or removal from office until the absence or 
disability of the mayor shall have continued thirty days ; or sign, ap- 
prove or disapprove any ordinance or resolution until the day of the 
next regular meeting of the council; occurring not earlier than five 
days after the passage thereof. 

3 — 7. The mayor shall annually, and from time to time, give the 
council information relative to the affairs of the city, and shall recom- 
mend for their consideration such measures as he may deem expedient. 
He may introduce measures subject to the general rules of procedure 
of the council and shall have a seat in the council, but no vote. 

3 — 8. He shall perform all such duties as may be prescribed by 
law or by the city ordinances. 

3 — 9. He shall have the power at all times to examine and inspect 
the books, records and papers of any agent, employe or officer of the 
city. 

3 — 10. He shall have power to administer oaths and affirmations 
upon all lawful occasions. 

3 — 11. The mayor shall have power to remove any officer appointed 
by him, whenever he shall be of the opinion that the interests of the 
city demand such removal, but he shall report the reasons for such 
removal to the council at a meeting to be held not less than five days 
nor more than ten days after such removal; and if the mayor shall 
fail, or refuse to file with the city clerk a statement of the reasons for 
such removal, or if the council by a two-thirds vote of all its members 
authorized by law to be elected, by yeas and nays, to be entered upon 
its record, disapprove of such removal, such officer shall thereupon 
become restored to the office from which he was so removed ; but he 
shall give new bonds and take a new oath of office. No officer shall 
be removed a second time for the same offense. 

3 — 12. The mayor shall- have the power to release any person 
imprisoned for violation of any ordinance ; he may, if he sees fit, 
appoint a pardon board of three persons consisting of the superintend- 
ent of the house of correction and such inspectors thereof as the mayor 
may select. In case such board be appointed, all petitions for release 
from the house of correction shall in the first instance be addressed 



CITIES. VILLAGES AND TOWNS. Ill 



to the pardon board, and shall be by such board forwarded to the 
mayor, with the report of its findings and recommendations. 

The mayor shall report any release, with the cause thereof, to the 
council at its first session thereafter. 

3 — 13. The mayor may exercise, within the city limits, the powers 
conferred upon sheriffs to suppress disorder and keep the peace. He- 
shall have the power, when he deems it necessary, to call on every 
male inhabitant of the city over the age of 18 years to aid in enforcing 
laws and ordinances, in the same manner as the sheriff may call on 
the power of the county, and to call out the militia to aid in suppress- 
ing riots and other disorderly conduct or carrying into effect any law 
or ordinance, subject to the authority of the Governor as commander- 
in-chief of the militia. 

ARTICLE IV. 

The City Council. 

4 — 1. All aldermen holding office when this Act shall take effect 
shall continue to hold office until the expiration of their respective 
terms, in accordance with the laws now in force. 

Aldermen shall be elected on the first Tuesday of April, 1908, in 
accordance with the laws now in force, except that they shall be 
elected for the term of one year only. 

From and after the 8th day of April, 1908, the city shall be divided 
into fifty wards, and one alderman shall be elected from each ward 
for a term of four years, the first election of aldermen from such wards 
to be held on the first Tuesday of April, 1909. 

4 — 2. The fifty wards shall be as follows : 

First Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the center line of the mouth of the Chicago river, thence 
west and south along the center line of said river to the center line of 
Twenty-second street, projected, thence east along the center line of 
Twenty-second street, projected, to the shore of Lake Michigan, thence 
north along the shore of Lake Michigan to the center of the mouth of 
the Chicago river, shall be denominated and be the First ( 1 ) ward. 

Second Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the shore of Lake Michigan and center 
line of Twenty-second street, projected, thence west along the center 
line of Twenty-second street to the center line of South Clark street, 
thence south along the center line of South Clark street to the center 
line of Twenty-sixth street, thence west along the center line of 
Twenty-sixth street to the center line of Wentworth avenue, thence 
south along the center line of Wentworth avenue to the center line of 
Thirty-second street, thence east along the center line of Thirty-second 



112 CITIES, VILLAGES AND TOWNS. 



street to the center line of Galumet avenue, thence south along the 
center line of Calumet avenue to the center line of Thirty-third street, 
thence east along the center line of Thirty-third street, projected, to 
the shore of Lake Michigan, thence north along the shore of Lake 
Michigan to the place of beginning, shall be denominated and be the 
Second (2) ward. 

Third Ward. 

All that portion of the city of Chicago bounded as followt : Com- 
mencing at the intersection of the shore of Lake Michigan and the 
center line of Thirty-third street, projected, thence west along the 
center line of Thirty-third street to the center line of Calumet avenue, 
thence north along the center line of Calumet avenue to the center 
line of Thirty-second street, thence west on the center line of Thirty- 
second street to the center line of Clark street, thence south along 
the center line of Clark street to the center line of (Thirty-ninth street) 
the township line dividing the township of Hyde Park and town of 
South Chicago, thence east along the center line of said township line 
to the shore of Lake Michigan, thence northerly along the shore of 
Lake Michigan to the center line of Thirty -third street, projected, shall 
be denominated and be the Third (3) ward. 

Fourth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
ning at the intersection of the center line of Twenty-second street, 
projected, and the center line of South branch of the Chicago river, 
thence southwest along the center line of the South branch of the 
Chicago river to the center line of South Halsted street, thence south 
along the center line of South Halsted street to the center line of 
Thirty-third street, thence east along the center line of Thirty-third 
street to the center line of Wentworth avenue, thence north along the 
center line of Wentworth avenue to the center line of Twenty-sixth 
street, thence east along the center line of Twenty-sixth street to Lie 
center line of Clark street, thence north along the center line of Clark 
street to the center line of Twenty-second street, thence west along the 
center line of Twenty-second street to the place of beginning, shall be 
denominated and be the Fourth (4) ward. 

Fifth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center line of Halsted street, pro- 
jected, and the center line of the Chicago river, thence southwesterly 
along the center line of the said river and the Illinois and Michigan 
Canal to the center line of Thirty-ninth street, thence east along the 
center line of Thirty-ninth street to the center line of South Center 
avenue, projected, thence north along the center line of South Center 
avenue, projected, to the center line of Thirty-first street, thence east 
along the center line of Thirty-first street to the center line of Halsted 



CITIES, VILLAGES AND TOWNS. 113 



street, thence north along the center line of Halsted street, projected, 
to the center line of the Chicago river, shall be denominated and be 
the Fifth (5) ward. 

Sixth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center line of Halsted street and 
Thirty-first street, thence west along the center line of Thirty-first 
street to the center line of South Center avenue, thence south along 
the center line of South Center avenue to the center line of Thirty- 
ninth street, thence east along the center line of Thirty-ninth street 
to the center line of Clark street, thence north along the center line 
of Clark street to the center line of Thirty-second street, thence west 
along the center line of Thirty-second street to the center line of Went- 
worth avenue, thence south along the center line of Wentworth avenue 
to the center line of Thirty-third street, thence west along the center 
line of Thirty-third street to the center line of South Halsted street, 
thence north along the center line of South Halsted street to place 
of beginning, shall be denominated and be the Sixth (6) ward. 

Seventh Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the northeast corner of the township of Hyde Park, 
thence west along said township line to the center line of South State 
street, thence south along said center line of South State street to the 
center line of Forty-sixth street, thence east along the center line of 
Forty-sixth street to the center line of Prairie avenue, thence north 
on the center line of Prairie avenue to the center line of Forty-fourth 
street, thence east on the center line of Forty-fourth street to the center 
line of St. Lawrence avenue, thence north along the center line of St. 
Lawrence avenue to the center line of Forty-third street, thence east 
on the center line of Forty-third street, projected, to the shore of Lake 
Michigan, thence northwesterly along the shore of Lake Michigan to 
the place of beginning, shall be denominated and be the Seventh (7) 
ward. 

Eighth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the shore line of Lake Michigan and the 
center line of Forty-third street, projected, thence west along the center 
line of Forty-third street to the center line of St. Lawrence avenue, 
thence south along the center line of St. Lawrence avenue to the center 
line of Forty-fourth street, thence west along the center line of Forty- 
fourth street to the center line of Prairie avenue, thence south along 
the center line of Prairie avenue to the center line of Forty-sixth street, 
thence west along the center line of Forty-sixth street to the center 
line of South State street, thence south along the center line of South 

-8L 



114 CITIES, VILLAGES AND TOWNS. 



State street to the center line of Fifty-first street, thence east along 
the center line of Fifty-first street to the center line of Cottage Grove 
avenue, thence south along the center line of Cottage Grove avenue 
to the center line of Fifty-second street, thence east along the center 
line of Fifty-second street, projected, to the shore of Lake Michigan, 
thence northwesterly along the shore of Lake Michigan to the place 
of beginning, shall be denominated and be the Eighth (8) ward. 

Ninth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the shore of Lake Michigan and the 
center line of Fifty-second street, projected, thence west along the 
center line of Fifty-second street, projected, and the center line of 
Fifty-second street to the center line of Cottage Grove avenue, thence 
north along the center line of Cottage Grove avenue to the center line 
of Fifty-first street, thence west along the center line of Fifty-first 
street to the center line of South State street, thence south along the 
center line of South State street to the center line of Sixtieth street, 
thence east along the center line of Sixtieth street, projected, to the 
shore of Lake Michigan, thence northwesterly along the shore of Lake 
Michigan to the place of beginning, shall be denominated and be the 
Ninth (9) ward. 

Tenth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the shore of Lake Michigan and the 
center line of Sixtieth street, projected, thence west along the center 
line of Sixtieth street, projected, to the center line of Greenwood 
avenue, thence south along the center line of Greenwood avenue to 
the center line of Sixty-third street, thence east along the center line 
of Sixty-third street to the center line of Greenwood avenue, thence 
south along the center line of Greenwood avenue to the center line of 
Sixty-fifth street, thence west along the center line of Sixty-fifth street 
to center line of Greenwood avenue, thence south along the center 
line of Greenwood avenue, projected, to the center line of Sev- 
enty-first street, thence east along the center line of Seventy-first 
street to the center line of Jackson Park avenue (Stony Island avenue), 
thence south along the center line of Jackson Park avenue (Stony 
Island avenue) to the center line of Eighty-ninth street, thence east 
along the center line of Eighty-ninth street, projected, to the shore of 
Lake Michigan, thence northwesterly along the shore of Lake Michigan 
to the place of beginning, shall be denominated and be the Tenth ( 10)' 
ward. 

Eleventh Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the shore of Lake Michigan and the 
center line of Eighty-ninth street, projected, thence west along the 
center line of Eighty-ninth street, projected, to the center line of 
Jackson Park avenue (Stony Island avenue) and Jackson Park avenue 



CITIES, VILLAGES AND TOWNS. 115 



(Stony Island avenue), projected, through Lake Calumet to the in- 
tersection of the east line of sections twenty-six and thirty-five, town- 
ship thirty-seven north, range fourteen, thence south along said section 
line to the city limits, thence east along city limits to the Indiana state 
line, thence north along the Indiana state line to the shore of Lake 
Michigan, thence northwesterly along the shore of Lake Michigan 
to the place of beginning, shall be denominated and be the Eleventh 
( 1 1 ) ward. 

Twelfth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of Jackson Park avenue, 
Stony Island avenue and Eighty-seventh street, thence .west along the 
center line of said Eighty-seventh street to the center line of South State 
street, thence south along the center line of Souht State street to the cen- 
ter line of West Ninety-ninth street, thence west along the center line of 
West Ninety-ninth street to the center line of Stewart avenue, thence 
south along the center line of Stewart avenue to the center line of 
West One Hundred and Third street, thence west along the center 
line of West One Hundred and Third street to the center line of South 
Halsted street, thence south along the center line of South Halsted 
street to the center line of West One Hundred and Eleventh street, 
thence west along the center line of West One Hundred and Eleventh 
street to the center line of South Peoria street, thence south along the 
center line of South Peoria street to the center line of West One 
Hundred and Fifteenth street, thence west along the center line of 
West One Hundred and Fifteenth street to the center line of South 
Ashland avenue, thence south along the center line of South Ashland 
avenue to the center line of West One Hundred and Twenty-third 
street, thence east along the center line of West One Hundred and 
Twenty-third street to the center line of South Halsted street, thence 
south along the center line of South Halsted street to the city limits, 
thence east, south and east along the city limits to the east line of 
sections 35 and 26, township 37 N. R. [north, range] 14, thence north 
along said section line, projected, through Lake Calumet to the center 
line of Jackson Park avenue, projected, thence north along the center 
line of Jackson Park avenue, projected, to the place of beginning, shall 
be denominated and be the Twelfth (12) ward. 

Thirteenth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of Greenwood avenue 
and Sixtieth street, thence west along the center line of Sixtieth street 
to the center line of South State street, thence south along the center 
line of South State street to the center line of Eighty-seventh street. 
thence east along the center line of Eighty-seventh street to the 
center line of Jackson Park avenue (Stony Island avenue), thence 
north along the central line of Jackson Park avenue (Stony Island 
avenue) to the center line of Seventy-first street, thence west along the 



116 CITIES, VILLAGES AND TOWNS. 



center line of Seventy-first street to the center line of Greenwood 
avenue, projected, thence north on the center line of Greenwood 
avenue, projected, to the center line of Sixty-fifth street, thence east 
along the center line of Sixty-fifth street to the center line of Green- 
wood avenue, thence north on the center line of Greenwood avenue 
to the center line of Sixty-third street, thence west along the center 
line of Sixty-third street to the center line of Greenwood avenue, thence 
north along the center line of Greenwood avenue to the place of be- 
ginning, shall be denominated and be the Thirteenth (13) ward. 

Fourteenth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center lines of Seventy-first street 
and South State street, thence west along the center line of Seventy- 
first street to the center line of South Halsted street, thence north 
along the center line of South Halsted street to the center line of West 
Sixty-third street, thence west along the center line of West Sixty- 
third street to the center line of Loomis street, thence south along the 
center line of Loomis street to the center line of West Sixty-seventh 
street, thence west along the center line of Sixty-seventh street to the 
center line of South Forty-eighth avenue, thence south along the center 
line of South Forty-eighth avenue to the center line of West Eighty- 
seventh street, thence east along the center line of West Eighty-seventh 
street to the center line of South Western avenue, thence south along 
the center line of South Western avenue to the center line of West 
Hundred-Seventh street, thence east along the center line of West 
One Hundred-Seventh street to the center line of South Halsted 
street, thence north along the center line of South Halsted street to 
the center line of West One Hundred-Third street, thence east 
along the center line of West One Hundred-Third street to the 
center line of Stewart avenue, thence north along the center line of 
Stewart avenue to the center line of West Ninety-ninth street, thence 
east along the center line of West Ninety-ninth street to the center 
line of South State street, thence north along the center line of South 
State street to the place of beginning, shall be denominated and be 
the Fourteenth (14) ward. 

Fifteenth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center lines of South State street 
and Sixty-third street, thence west along the center line of Sixty-third 
street to the center line of South Halsted street, thence south along 
the center line of South Halsted street to the center line of Seventy- 
first street, thence east along the center line of Seventy-first street 
to the center line of South State street, thence north along the center 
line of South State street to the place of beginning, shall be denom- 
inated and be the Fifteenth (15) ward. 



CITIES, VILLAGES AND TOWNS. 117 



Sixteenth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of South State street 
and Fifty-fifth street, thence west along the center line of Fifty-fifth 
street to center line of South Aberdeen street, thence south along the 
center line of South Aberdeen street to the center line of West Sixty- 
third street, thence east along the center line of West Sixty-third street 
to the center line of South State street, thence north along the center 
line of South State street to place of beginning, shall be denominated 
and be the Sixteenth (16) ward. 

Seventeenth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of South Aberdeen street 
and West Fifty-fifth street, thence west along the center line of West 
Fifty-fifth street to the center line of South Forty-eighth avenue, 
thence south along the center line of South Forty-eighth avenue to the 
center line of West Sixty-seventh street, thence east along the center 
line of West Sixty-seventh street to the center line of Loomis street, 
thence north along the center line of Loomis street to the center line 
of West Sixty-third street, thence east along the center line of West 
Sixty-third street to the center line of South Aberdeen street, thence 
north along the center line of South Aberdeen street to the place of 
beginning, shall be denominated and be the Seventeenth (17) ward. 

Eighteenth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of South State street 
and Thirty-ninth street, thence west along the center line of Thirty- 
ninth street to the center line of South Center avenue, thence south 
along the center line of South Center avenue to the center line of West 
Fifty-fifth street, thence east along the center line of West Fifty-fifth 
street to the center line of South State street, thence north along the 
center line of South State street to the place of beginning, shall be 
denominated and be the Eighteenth (18) ward. 

Nineteenth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of South Center avenue 
and West Thirty-ninth street, thence west along the center line of 
West Thirty-ninth street, projected, to the center line of South Forty- 
eighth avenue, thence south along the center line of South Forty-eighth 
avenue to the center line of West Fifty-fifth street, thence east along 
the center line of West Fifty-fifth street to the center line of South' 
Center avenue, thence north along the center line of South Center 
avenue to the place of beginning, shall be denominated and be the 
Nineteenth (19) ward. 



118 CITIES, VILLAGES AND TOWNS. 



Twentieth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the shore line of Lake Michigan and the center line of 
Chicago avenue, thence west along the center line of Chicago avenue 
to the center line of the north branch of the Chicago river, thence south 
and southeasterly along the center line of the north branch of the 
Chicago river to the center line of the Chicago river, thence east 
along the center line of the Chicago river to Lake Michigan, thence 
northerly along the shore of Lake Michigan to the center line of Chi- 
cago avenue, shall be denominated and be the Twentieth (20) ward. 

Twenty-first. Ward.. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the shore line of Lake Michigan and the center line of 
North avenue, thence west along the center line of North avenue to 
the center line of Sedgwick street, thence south along the center 
line of Sedgwick street to the center line of Division street, thence west 
along the center line of Division street to the center line of Sedgwick 
street, thence south along the center line of Sedgwick street to the 
center line of Chicago avenue, thence east along the center line of 
Chicago avenue to the shore of Lake Michigan, thence northerly along 
the shore of Lake Michigan to the center line of North avenue, shall 
be denominated and be the Twenty-first (21) ward. 

Twenty-second Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of North avenue and 
Sedgwick street, thence west along the center line of North avenue to 
the center line of the north branch of the Chicago river, thence south 
and southeasterly along the center line of the north branch of the 
Chicago river to the center line of Chicago avenue, thence east along 
the center line of Chicago avenue to the center line of Sedgwick street, 
thence north along the center line of Sedgwick street to the center line 
of Division street, thence east along the center line of Division street 
to the center line of Sedgwick street, thence north along the center line 
of Sedgwick street to the place of beginning, shall be denominated and 
be the Twenty-second (22) ward. 

, , . Twenty-third Ward. 

'All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the shore of Lake Michigan and 
Menominee, street, projected, thence west along the center line of Me- 
nominee street, projected, to the center line of Larrabee street, thence 
south along the center line of Larrabee street to the center line of 
Willow street, thence west along the center line of Willow street to 
the center line of North Halsted street, thence north along the center 
line of North Halsted street to the center line of Center street, thence 
west along the center line of Center street to the center line of Racine 



CITIES, VILLAGES AND TOWNS. 119 



avenue, thence south along the center line of Racine avenue to the cen- 
ter line of Clybourn place, thence west along the center line of Clybourn 
place to the center line of the north branch of the Chicago river, thence 
southeasterly along the center line of the north branch of the Chicago 
river to the center line of North avenue, thence east along the center 
line of North avenue to the shore of Lake Michigan, thence north 
along the shore of Lake Michigan to the place of beginning, shall be 
denominated and be the Twenty-third (23) ward. 

Twenty-fourth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the shore of Lake Michigan and the 
center line of Fullerton avenue, thence west along the center line of 
Fullerton avenue to the center line of North Halsted street, thence 
south along the center line of North Halsted street to the center line 
of Willow street, thence east along the center line of Willow street 
to the center line of Larrabee street, thence north along the center 
line of Larrabee street to the center line of Menominee street, thence 
east along the center line of Menominee street, projected, to the shore 
of Lake Michigan, thence north along the shore of Lake Michigan to 
the place of beginning, shall be denominated and be the Twenty-fourth 
(24) ward. 

Twenty-fifth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center line of Racine avenue and 
Belmont avenue, thence west along the center line of Belmont avenue 
to the center line of the north branch of the Chicago river, thence 
southeasterly along the center line of the north branch of the Chicago 
river to the center line of Clybourn place, thence east along the center 
line of Clybourn place to the center line of Racine avenue, thence north 
along the center line of Racine avenue to the center line of Center 
street, thence east along the center line of Center street to the center 
line of North Halsted street, thence north along the center line of North 
Halsted street to the center line of Fullerton avenue, thence west along 
the center line of Fullerton avenue to the center line of Racine avenue, 
thence north along the center line of Racine avenue to the place of 
beginning, shall be denominated and be the Twenty-fifth (25) ward. 

Twenty-sixth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the shore of Lake Michigan and the 
center line of Roscoe street, thence west along the center line of Roscoe 
street to the center line of Racine avenue, thence south along the 
center line of Racine avenue to the center line of Fullerton avenue, 
thence east along the center line of Fullerton avenue to the shore of 
Lake Michigan, thence northerly along the shore of Lake Michigan 
to the place of beginning, shall be denominated and be the Twenty- 
sixth (26) ward. 



120 CITIES, VILLAGES AND TOWNS. 



Twenty-seventh Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the shore of Lake Michigan and the 
Indiana boundary line, thence southwesterly along the said Indiana 
boundary line of the center line of Howard street, projected, thence 
west along the center line of Howard street, projected, to the center 
line of Ridge road, thence south and southeasterly along the center 
line of Ridge road to the center line of Devon avenue, thence east 
along the center line of Devon avenue to the center line of North 
Clark street, thence south and southeasterly along the center line of 
North Clark street to the center line of Irving Park boulevard, thence 
east along the center line of Irving Park boulevard to the center line 
of Racine avenue, thence south along the center line of Racine avenue 
to the center line of Roscoe street, thence east along the center line of 
Roscoe street to the shore of Lake Michigan, thence northerly along 
the shore of Lake Michigan to the place of beginning, shall be denom- 
inated and be the Twenty-seventh (27) ward. 

Twenty-eighth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of Ridge road and 
Howard street, projected, thence west along the center line of Howard 
street, projected, to the center line of North Kedzie avenue, projected, 
thence south along the center line of North Kedzie avenue, projected, 
to the center line of West Devon avenue, projected, thence east along 
the center line of West Devon avenue, projected to the center line of 
North Western avenue, thence south along the center line of North 
Western avenue to the center line of Irving Park boulevard (Grace- 
land avenue), thence east along the center line of Irving Park boule- 
vard (Graceland avenue) to the center line of North Clark street, 
thence northwesterly and northerly along the center line of North 
Clark street to the center line of Devon avenue, thence west along the 
center line of Devon avenue to the center line of Ridge road, thence 
northwesterly and northerly along the center line of Ridge road to the 
place of beginning, shall be denominated and be the Twenty-eighth 
(28) ward. 

Twenty-ninth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of Racine avenue, pro- 
jected, and Irving Park boulevard (Graceland avenue), thence west 
along the center line of Irving Park boulevard (Graceland avenue) to 
the center line of North Western avenue, thence south along the center 
line of North Western avenue to the center line of Belmont avenue, 
thence east on the center line of Belmont avenue to the center line of 
Racine avenue, thence north along the center line of Racine avenue, 
projected, to the center line of Irving Park boulevard (Graceland 
avenue), shall be denominated and be the Twenty-ninth (29) ward. 
I . 



CITIES, VILLAGES AND TOWNS. 121 



Thirtieth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center line of North Western avenue 
and West Devon avenue, projected, thence west along the center line 
of West Devon avenue, projected, to the intersection of the center line 
of North Sixty-fourth avenue, projected, thence north, northwest, 
northeast, west, north, west, south, west, south, west, southeast and 
south along the city limits to the center of West Bryn Mawr avenue, 
projected, thence east along the center line of West Bryn Mawr 
avenue, projected, to the center line of North Sixtieth avenue, pro- 
jected, thence south along the center line of North Sixtieth avenue, 
projected, to the center line of West Irving Park boulevard, thence 
west along the center line of West Irving Park boulevard to the center 
line of North Seventy-second avenue, projected, thence south along the 
center line of North Seventy-second avenue, projected, to the center 
line of West Belmont avenue, thence east along the center line of 
Belmont avenue to the center line of North Central Park avenue, thence 
south along the center line of North Central Park avenue to the center 
line of Diversey avenue, thence east along the center line of Diversey 
avenue and boulevard, projected, to the center line of the north branch 
of the Chicago river, thence northwesterly along the center line of the 
north branch of the Chicago river to the center line of Belmont avenue, 
thence east along the center line of Belmont avenue to the center line 
of North Western avenue, thence north along the center line of North 
Western avenue to the place of beginning, shall be denominated and 
be the Thirtieth (30) ward. 

Thirty-first Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center line of North Kedzie avenue 
and the center line of Diversey avenue, thence west along the center 
line of Diversey avenue to the center line of North Central Park avenue, 
thence north along the center line of North Central Park avenue to 
the center line of West Belmont avenue, thence west along the center 
line of West Belmont avenue to the center line of North Seventy-second 
avenue, thence south along the center line of North Seventy-second 
avenue to the center line of West North avenue, thence east along the 
center line of West North avenue to the center line of North Kedzie 
avenue, thence north along the center line of North Kedzie avenue to 
the center line of Diversey avenue, shall be denominated and be the 
Thirty-first (31) ward. 

Thirty-second Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center line of the north branch 
of the Chicago river and Diversey boulevard, thence west along the 
center line of Diversey boulevard and avenue to the center line of 
North Kedzie avenue, thence south along the center line of North 



122 CITIES, VILLAGES AND TOWNS. 



Kedzie avenue to the center line of West North avenue, thence east 
along the center line of West North avenue to the center line of North 
Robey street, thence north along the center line of North Robey street 
to the center line of West Fullerton avenue, thence east along the 
center line of West Fullerton avenue to the center line of the north 
branch of the Chicago river, thence northwesterly along the center line 
of the north branch of the Chicago river to the place of beginning, 
shall be denominated and be the Thirty-second (32) ward. 

Thirty-third Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center line of the north branch of 
the Chicago river and Fullerton avenue, thence west along the center 
line of Fullerton avenue to the center line of North Robey street, thence 
south along the center line of North Robey street to the center line of 
West Division street, thence east along the center line of West Division 
street to the center line of the north branch of the Chicago river, thence 
north and northwesterly along the center line of the north branch of the 
Chicago river to the place of beginning, shall be denominated and be 
the Thirty-third (33) ward. 

Thirty-fourth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center line of the north branch of 
the Chicago river and West Division street, thence west along the 
center line of West Division street to the center line of North Ashland 
avenue, thence south along the center line of North AsTiland avenue 
to the center line of West Kinzie street, thence east along the center line 
of West Kinzie street to the center line of the north branch of the 
Chicago river, thence northwesterly along the center line of the north 
branch of the Chicago river to the place of beginning, shall be denom- 
inated and be the Thirty- fourth (34) ward. 

Thirty-fifth Ward. 

All that portion of the city of Chicago bounded as follows: Begin- 
ning at the intersection of the center line of North Ashland avenue and 
West Division street, thence west along the center line of West Division 
street to the center line of North Robey street, thence south along the 
center line of North Robey street to the center line of Washington 
boulevard, thence east along the center line of Washington boulevard 
to the center line of North Ashland avenue, thence north along the 
center line of North Ashland avenue to the place of beginning, shall 
be denominated and be the Thirty-fifth (35) ward. 

Thirty-sixth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of North Robey street 
and West Chicago avenue, thence west along the center line of West 



CITIES, VILLAGER AND TOWNS. L23 



Chicago avenue to the center line of North Homan avenue, thence 
south along the center line of North Homan avenue to the center line 
of West Kinzie street, thence west along the center line of West 
Kinzie street to the center line of North Central Park avenue, thence 
south along the center line of North Central Park avenue to the center 
line of West Lake street, thence east along the center line of West 
Lake street to the center line of North Homan avenue, thence south 
along the center line or North Homan avenue to the center line of 
Washington boulevard, thence east along the center line of Washington 
boulevard to the center line of North Robey street, thence north along 
the center line of North Robey street to the place of beginning, shall 
be denominated and be the Thirty-sixth (36) ward. 

Thirty-seventh Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of North Robey street 
and West North avenue, thence west along the center line of West 
North avenue to the center line of North Kedzie avenue, thence south 
along the center line of North Kedzie avenue to the center line of West 
Chicago avenue, thence east along the center line of West Chicago 
avenue to the center line of North Robey street, thence north along 
the center line of North Robey street to the place of beginning, shall 
be denominated and be the Thirty-seventh (37) ward. 

Thirty-eighth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center lines of North Kedzie avenue 
and West North avenue, thence west along the center line of West 
North avenue to the center line of Austin avenue, thence south along 
the center line of Austin avenue to the center line of West Kinzie 
street, thence east along the center line of West Kinzie street to the 
center line of North Homan avenue, thence north along the center line 
of North Homan avenue to the center line of West Chicago avenue, 
thence east along the center line of West Chicago avenue to the center 
line of North Kedzie avenue, thence north along the center line of 
North Kedzie avenue to the place of beginning, shall be denominated 
and be the Thirty-eighth (38) ward. 

Thirty-ninth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center line of North Fortieth avenue 
and West Kinzie street, thence west along the center line of West 
Kinzie street to the center line of Austin avenue, thence south along the 
center line of Austin avenue to the center line of West Twelfth 
street, thence east along the center line of West Twelfth street to the 
center line of South Fortieh avenue, thence north along the center 
line of South and North Fortieth avenues to the place of beginning, 
shall be denominated and be the Thirty-ninth (39) ward. 



124 CITIES, VILLAGES AND TOWNS. 



Fortieth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center line of North Central Park 
avenue and West Kinzie street, thence west along the center line of 
West Kinzie street to the center line of North Fortieth avenue, thence 
south along the center line of North and South Fortieth avenue to 
the center line of West Twelfth street, thence east along the center line 
of West Twelfth street to the center line of Rockwell street, thence 
north along the center line of Rockwell street to the center line of 
Flournoy street, thence west along the center line of Flournoy street 
to the center line of South California avenue, thence north along the 
center line of California avenue to the center line of Warren avenue, 
thence west along the center line of Warren avenue to the center line 
of South Sacramento avenue, thence north along the center line of 
South Sacramento avenue to the center line of Washington boulevard, 
thence west along the center line of Washington boulevard to the 
center line of South Homan avenue, thence north along the center 
line of South Homan avenue to the center line of West Lake street, 
thence west along the center line of West Lake street to the center line 
of North Central Park avenue, thence north along the center line of 
North Central Park avenue to the place of beginning, shall be denom- 
inated and be the Fortieth (40) ward. 

Forty-first Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of South Lincoln street 
and Washington boulevard, thence west along the center line of Wash- 
ington boulevard to the center line of South Sacramento avenue, thence 
south along the center line of South Sacramento avenue to the center 
line of Warren avenue, thence east along the center line of West 
Warren avenue to the center line of California avenue, thence south 
along the center line of California avenue to the center line of Flour- 
noy street, thence east along the center line of Flournoy street to the 
center line of Rockwell street, thence south along the center line of 
Rockwell street to the center line of West Twelfth street, thence east 
along the center line of Twelfth street and Twelfth street boule- 
vard to the center line of Cypress street, thence north along the center 
line of Cypress street to the center line of West Taylor street, thence 
east along the center line of West Taylor street to the center line of 
South Robey street, thence north on the center line of South Robey 
street to the center line of Van Buren street, thence east along the 
center line of Van Buren street to the center line or limit of Win- 
chester avenue, thence north along the center line of South Win- 
chester avenue to the center line of West Madison street, thence east 
along the center line of West Madison street to the center line of South 
Lincoln street, thence north along the center line of South Lincoln 
street to the place of beginning, shall be denominated and be the Forty- 
first (41) ward. 



CITIES, VILLAGES AND TOWNS. 125 



Forty-second Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of North Sheldon street 
and West Kinzie street, thence west along the center line of West 
Kinzie street to the center line of North Ashland avenue, thence south 
along the center line of North Ashland avenue and Ashland boulevard 
to the center line of Washington boulevard, thence west along the 
center line of Washington boulevard to the center line of South Lin- 
coln street, and south along the line of South Lincoln street to the 
center line of West Madison street, thence west along the center line 
of West Madison street to the center line of South Winchester avenue, 
thence south along the center line of South Winchester avenue to the 
center line of West Van Buren street, thence west on the center line 
of West Van Buren street to the center line of South Robey street, 
thence south along the center line of South Robey street to the center 
line of West Taylor street, thence east along the center line of West 
Taylor street to the center line of Loomis street, thence north along 
the center line of Loomis street to the center line of West Madison 
street, thence west along the center line of West Madison street to the 
center line of Sheldon street, thence north along the center line of 
Sheldon street to the place of beginning, shall be denominated and be 
the Forty-second (42) ward. 

Forty-third Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center line of the north branch of 
the Chicago river and West Kinzie street, thence west along the center 
line of West Kinzie street to the center line of North Sheldon street, 
thence south along the center line of North Sheldon street to the center 
line of West Madison street, thence east along the center line of West 
Madison street to the center line of Loomis street, thence south along 
the center line of Loomis street to the center line of West Van Buren 
street, thence east along the center line of West Van Buren street to the 
center line of the south branch of the Chicago river, thence north along 
the center lines of the south branch and the north branch of the 
Chicago river to the place of beginning, shall be denominated and be 
the Forty-third (43) ward. 

Forty-fourth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of the south branch of 
the Chicago river and West Van Buren street, thence west along the 
center line of West Van Buren street to the center line of Loomis 
street, thence south along the center line of Loomis street to the center 
line of Taylor street, thence west along the center line of Taylor street, 
to the center line of Laflin street, thence south along the center line of 
Laflin street to the center line of West Twelfth street, thence east along 
the center line of West Twelfth street to the center line of the south 



126 CITIES, VILLAGES AND TOWNS. 



branch of the Chicago river, thence north along the center line of the 
south branch of the Chicago river to the place of beginning, shall be 
denominated and be the Forty-fourth (44) ward. 

Forty-fifth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center line of the south branch of 
the Chicago river and West Twelfth street, thence west along the center 
line of West Twelfth street to the center line of South Morgan street, 
thence south along the center line of South Morgan street to the center 
line of West Eighteenth street, thence west along the center line of 
West Eighteenth street to the center line of South Morgan street, 
thence south along the center line of South Morgan street to the 
center line of the south branch of the Chicago river, thence northeast- 
erly along the center line of the south branch of the Chicago river to 
the place of beginning, shall be denominated and be the Forty-fifth 

(45) ward. 

Forty-sixth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of South Morgan street 
and West Twelfth street, thence west along the center line of West 
Twelfth (12) street to the center line of Laflin street, thence south 
along the center line of Laflin street to the center line of the south 
branch of the Chicago river, thence northeasterly along the center line 
of the south branch of the Chicago river to the center line of South 
Morgan street, thence north along the center line of South Morgan 
street to the center line of West Eighteenth street, thence east along 
the center line of West Eighteenth street to the center line of South 
Morgan street, thence along the center line of South Morgan street 
to the place of beginning, shall be denominated and be the Forty-sixth 

(46) ward. 

Forty-seventh Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center lines of Laflin street and 
West Taylor street, thence west along the center line of West Taylor 
street to the center line of Cypress street, thence south along the center 
line of Cypress street to the center line of West Twelfth street, thence 
west along the center line of West Twelfth street to the center line 
of South Hoyne avenue, thence south along the center line of South 
Hoyne avenue to the center line of the Illinois and Michigan Canal, 
thence northeasterly along the center line of the Illinois and Michigan 
Canal and the south branch of the Chicago river to the center line 
of Laflin street, thence north along the center line of Laflin street to 
the place of beginning, shall be denominated and be the Forty-seventh 

(47) ward. 



CITIES, VILLAGES AND TOWNS. 127 



Forty-eighth Ward. 

All that portion of the city of Chicago bounded as follows: Com- 
mencing at the intersection of the center lines of South Hoyne avenue 
and West Twelfth street, thence west along the center line of West 
Twelfth street to the center line of South Campbell avenue, thence 
south and southeasterly along the center line of South Campbell avenue 
to the center line of the Chicago, Burlington & Quincy Railroad right 
of way, thence southwesterly along the center line of the Chicago, 
Burlington & Quincy Railroad right of way to the center line of South 
California avenue, thence south along the center line of South Cali- 
fornia avenue, projected, to the center line of the Illinois and Michigan 
Canal, thence northeasterly along the center line of the Illinois and 
Michigan Canal to the center line of South Hoyne avenue, thence 
north along the center line of South Hoyne avenue to the place of 
beginning, shall be denominated and be the Forty-eighth (48) ward. 

Forty-ninth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center line of South Campbell avenue 
and West Twelfth street, thence west along the center line of West 
Twelfth street to the center line of South Homan avenue, thence south 
along the center line of South Homan avenue to the center line of 
West Twenty-fifth street, thence west along the center line of West 
Twenty-fifth street to the center line of South St. Louis avenue, thence 
south along the center line of South St. Louis avenue to the center 
line of West Twenty-sixth street, thence east along the center line of 
West Twenty-sixth street to the center line of South Homan avenue, 
thence south along the center line of South Homan avenue, projected, 
to the center line of the Illinois and Michigan Canal, thence northeast- 
erly along the center line of the Illinois and Michigan Canal to the 
center line of South California avenue, projected, thence north along 
the center line of South California avenue, projected, to the center line 
of the Chicago, Burlington & Quincy railroad right of way, thence 
northeasterly along the center line of the Chicago, Burlington & Quincy 
Railroad right of way to the center line of South Campbell avenue, 
thence north and northwesterly along the center line of South Campbell 
avenue to the place of beginning, shall be denominated and be the 
Forty-ninth (49) ward. 

Fiftieth Ward. 

All that portion of the city of Chicago bounded as follows : Com- 
mencing at the intersection of the center line of South Homan avenue 
and West Twelfth street, thence west along the center line of West 
Twelfth street to the center line of South Forty-sixth avenue, thence 
south along the center line of South Forty-sixth avenue to the center 
line of West Thirty-ninth street, projected, thence east along the center 
line of West Thirty-ninth street, projected, to the center line of the 
Illinois and Michigan Canal, thence northeasterly along the center line 



128 CITIES, VILLAGES AND TOWNS. 



of the Illinois and Michigan Canal to the center line of South Homan 
avenue, projected, thence north along the center line of South Homan 
avenue, projected, to the center line of West Twenty-sixth street, 
thence west along the center line of West Twenty-sixth street to the 
center line of South St. Louis avenue, thence north along the center 
line of South St. Louis avenue to the center line of West Twenty-fifth 
street, thence east along the center line of West Twenty-fifth street 
to the center line of South Homan avenue, thence north along the center 
line of South Homan avenue to the place of beginning, shall be denom- 
inated and be the Fiftieth (50) ward. 

4 — 3. The city shall thereafter be redistricted by the city council 
in the year 1920 and every tenth year thereafter. The city council, 
upon redistricting the city under the authority of this section, may 
change the number of aldermen and their term of office, and may also 
alter the territorial basis of representation, provided that all wards 
shall be of compact and contiguous territory and as nearly as prac- 
ticable equal to each other in population, and provided that the number 
of aldermen shall not be increased above fifty nor the term of their 
office be made longer than four years. 

No ordinance altering the number of wards or of aldermen or the 
term of aldermen shall take effect until sixty days from and after its 
passage, and if within such sixty days fifteen (15) per cent of the 
voters of the city voting at the last preceding election for mayor, 
petition for the submission of such ordinance to popular vote, not until 
such ordinance shall have been approved by the voters of the city 
voting upon such proposition. 

4 — 4. Whenever any city council, having the authority to redistrict 
the city, shall fail to have done so in a valid manner by a day fifty 
days previous to the day set for the next succeeding council election 
the board of election commissioners shall redistrict the city as the city 
council might have done before such date, but it shall have no power 
to change the number of aldermen or the term of office of aldermen. 

The council elected by wards as redistricted by the board of election 
commissioners may adopt the wards so created or may create new 
wards until a day fifty days previous to the next regular election of 
aldermen. If it does neither, the wards so created shall continue until 
the next redistricting of the city under the provisions of this charter. 

4 — 5. Any territory annexed to the city shall be made a part of an 
adjoining ward or wards, as the city council may determine. 

4 — 6. If any vacancy shall occur in the office of alderman by 
death, resignation, removal or otherwise, such vacancy, if occurring 
more than six months before the expiration of the term of such alder- 
man, shall be filled by special election. 

4 — 7. No person shall be eligible to the office of alderman unless 
he shall be a qualified elector, and reside within the ward for which 
he is elected; nor shall he be eligible, if he is in arrears in the pay- 
ment of any tax or other liability due to the city ; nor shall he be 
eligible, if he shall have been convicted of malfeasance, bribery or 
other corrupt practices or crimes ; nor shall he be eligible to any 



CITIES, VILLAGES AND TOWNS. 129 



office, the salary of which is payable out of the city treasury, if at 
the time of his appointment he shall be a member of the city council. 
No member of the city council shall at the same time hold any other 
civil office under the federal, State, county, sanitary district or city 
government except as notary public. Any person, who, with his con- 
sent, is elected to the city council shall be deemed to have vacated any 
office he may then be holding under the city government ; if he is then 
holding any other incompatible office and does not resign the same 
within thirty days from his election, his seat in the council shall be 
deemed vacant. Any member of the council accepting and entering 
any such other office shall be deemed to have thereby vacated his seat 
in the council. 

4 — 8. The aldermen elected in the year 1909 and thereafter shall 
receive compensation for their services at the rate of $3,500.00 per 
annum. 

The chairman of the finance committee of the city council shall 
receive, in addition to his salary as alderman, such additional sum, not 
exceeding $1,500.00 per annum, as the city council may by ordinance 
determine for his services as such chairman. 

Until changed as herein provided, compensation shall be paid to 
aldermen in accordance with the laws now in force. 

4 — 9. The city council shall be judge cf the election and qualifica- 
tion of its own members. 

4 — 10. It shall determine its own rules of proceeding, punish its 
members for disorderly conduct, and with the concurrence of two- 
thirds of the aldermen elected, may expel a member, but not a second 
time for the same offense: Provided, that any alderman who shall 
have been convicted of the offense of bribery • under the laws of the 
State, shall thereby be deemed to have vacated his office. 

4 — n. A majority of the aldermen elected shall constitute a 
quorum to do business, but a smaller number may adjourn from time 
to time, and may compel the attendance of absentees, under such 
penalties as may be prescribed by ordinance. 

4 — 12. The city council may prescribe, by ordinance, the times and 
places of the meeting thereof. 

4 — 13. Upon the adoption of this charter, the mayor shall cease 
to preside over the city council, and the city council shall elect one of 
its members to act as presiding officer for such term as the council 
may by resolution or ordinance determine. 

4 — 14. The city council shall sit with open doors. 

4 — 15. It shall keep a journal of its proceedings. 

4 — 16. The yeas and nays shall be taken upon the passage of all 
ordinances, and on all propositions to create any liability against the 
city, or for the expenditure or appropriation of its money, and in alf 
other cases at the request of any member, which shall be entered on the 
journal of its proceedings ; and the concurrence of a majority of all 
the members elected to the city council shall be necessary to the passage 
of any such ordinance or proposition. 

-9L 



130 CITIES. VILLAGES AND TOWNS. 



4 — 17. No vote of the city council shall be reconsidered or 
rescinded at a special meeting, unless at such special meeting there be 
present as large a number of aldermen as were present when such 
vote was taken. 

4 — 18. Any report of a committee of the council shall be deferred, 
for final action thereon, to the next regular meeting of the same after 
the report is made, upon the request of any two aldermen present. 

4 — 19. Special meetings of the council may be called by its pre- 
siding officer or in such other manner as the council may prescribe. 

4 — 20. Nominations made by the mayor for offices which are 
subject to confirmation by the city council shall be acted upon by 
the council at a regular meeting subsequent to the one at which the 
nomination was submitted. 

4 — 21. No ordinance shall be passed finally on the day it is intro- 
duced unless approved by an affirmative vote of two-thirds of all the 
members of the city council, except in the case provided for in sec- 
tion 24. 

4 — 22. All ordinances passed by the city council shall, before they 
take effect, be deposited in the office of the city clerk; and if the 
mayor approves thereof, he shall sign the same, and such as he shaU 
not approve he shall return to the council, with his objections thereto, 
in writing, at the next regular meeting of the council occurring not 
less than five days after the passage thereof. Such veto may extend 
to any one or more items or appropriations contained in any ordinance 
making an appropriation, or to the entire ordinance ; and in case the 
veto only extends to a part of such ordinance, the residue thereof shall 
take effect and be in force. But in case the mayor shall fail to return 
any ordinance, with his objections thereto, by the time aforesaid, he 
shall be deemed to have approved such ordinance, and the same shall 
take effect accordingly. 

4 — 23. Upon the return of any ordinance by the mayor without his 
approval, the vote by which the same was passed shall be reconsidered 
by the council ; and if, after such reconsideration, two-thirds of all the 
members elected to the city council shall agree, by yeas and nays, to 
pass the same, it shall go into effect, notwithstanding the mayor may 
refuse to approve thereof. The vote to pass the same over the mayor's 
veto shall be taken by yeas and nays, and entered on the journal. 

4 — 24. If any ordinance of the city council be returned by the mayor 
to the council without his approval the mayor may submit with it a 
message stating his objections thereto and a substitute ordinance and if 
upon reconsideration of the vote by which the original ordinance was 
passed, it fails to be adopted, such substitute ordinance may forthwith 
be considered, unless two members of the council demand a reference 
of such substitute ordinance to a committee, and if such demand be 
made such substitute ordinance shall be so referred unless two-thirds of 
the members of the council vote in favor of immediate consideration 
thereof, and if such ordinance receives the affirmative vote of the ma- 
jority of all members of the council present and voting, it shall take 



CITIES. VILLAGES AND TOWN'S. 181 



effect and be in force in lieu of such vetoed ordinance, upon being 
deposited in the office of the city clerk and signed by the mayor, subject 
to the provision of section 27. 

4 — 25. Upon the veto of any ordinance by the mayor, if two-thirds 
of all the members elected to the city council fail to pass the same, the 
veto of the mayor to the contrary notwithstanding, said ordinance shall 
not again be considered unless or until introduced as an original 
ordinance at a subsequent meeting; but this section shall not be con- 
strued to prevent the introduction and consideration of the substitute 
ordinance. 

4 — 26. The style of an ordinance shall be "Be it ordained by the city 
council of the City of Chicago " 

4 — 27. All ordinances imposing any fine, penalty or imprisonment. 
and amendments thereto, and all ordinances making any appropriations 
shall within one month after they are passed, be printed and published 
in book or pamphlet form and no such ordinance shall take effect until 
ten days after it is so published. The city shall also publish in book or 
pamphlet form such ordinances of cities, town's and villages annexed to 
it at any time prior to or after the adoption of this charter as may 
remain in force after annexation. Such book or pamphlet shall be re- 
ceived as evidence as in the next section provided. All ordinances thus 
printed and published shall be kept on file in the office of the city clerk, 
properly indexed, and copies thereof shall be distributed as the city 
council may direct. All other ordinances, orders and resolutions shall 
take effect from and after their approval or passage over the veto of 
the mayor unless otherwise provided therein. 

4 — 28. All ordinances, and the date of publication thereof, may be 
proven by the certificate of the clerk, under the seal of the corporation. 
And when printed in book or pamphlet form, and purporting to be 
published by authority of the city council, such book or pamphlet shall 
be received as evidence of the passage and legal publication of such 
ordinances, as of the dates mentioned in such book or pamphlet, in alt 
courts and places without further proof. 

4 — 29. The city council shall have the power to provide by ordi- 
nance for the appointment by the mayor, with the approval of the city 
council, of a city clerk and to prescribe his term and tenure of office, his 
compensation and his duties. 

The city clerk holding office when this charter takes effect, shall con- 
tinue to hold office until the expiration of the term for which he has 
been elected. 

4 — 30. The city clerk shall act as clerk of the city council and as 
such shall attend all meetings of the city council and keep a full record 
of its proceedings in the journal; and copies of all papers duly filed in 
his office or transcribed from the journals, and other records and files 
in his office certified by him under the corporate seal, shall be evidence 
in all courts in like manner as if the originals were produced. 

4 — 31. The clerk shall record, in a book kept for that purpose, all 
ordinances passed by the city council and shall index the same and at 
the foot of the record of each ordinance so recorded, shall make a 



132 CITIES, VILLAGES AND TOWNS. 



memorandum of the date of the passage and of the publication of such 
ordinances, which record and memorandum, or certified copy thereof, 
shall be prima facie evidence of the passage and legal publication of 
such ordinances for all purposes whatsoever. 

4 — 32. The city clerk shall have power to administer oaths and 
affirmations upon all lawful occasions. 

ARTICLE V. 
Powers of the Council in General. 

5 — 1. The city council shall be the governing body of the 
municipality. It shall exercise the corporate powers of the city, and 
shall be vested with powers of local legislation adequate to a complete 
system of local municipal government subject to the general laws of the 
State, as by the next following section provided. 

The legislative powers of the city council shall be subject to the 
provisions of this charter ; but the specification of particular powers by 
this charter shall not be construed as impairing the general grant of 
powers hereby bestowed except that no taxes shall be levied or be 
imposed by the city council other than as hereinafter provided. 

5 — 2. The legislative power of the city council shall be further 
subject to all existing laws of the State not rendered inoperative by 
this charter and to all general laws hereafter enacted by the General 
Assembly in conformity with and subject to the constitution, but no 
general statute hereafter enacted relative to the government of the 
affairs of the cities of the State, or of cities containing a stated number 
of inhabitants and over, or allowing the formation of new municipal 
corporations in any part of the State, shall, in the absence of an ex- 
press declaration of legislative intent to the contrary, be construed as 
applying to or operative within the city of Chicago. 

5 — 3. The city council may provide for the carrying into effect of 
any of its powers by the creation of an appropriate official organization 
and by the delegation of adequate executive and administrative powers 
and duties, subject to the provisions of this charter. 

5 — 4. Whenever this charter makes any provisions or regulations 
with regard to a matter, the regulation of which the legislature has 
power to delegate to the city council, the city council may adopt an 
ordinance regulating such matter in whole or in part, and submit to 
the voters of the city, in the manner provided for the submission of 
propositions to popular vote, the question whether the provisions of the 
charter (which shall be designated in the ordinance by title, article, 
chapter, and section as the case may be) regulating such subject matter 
shall be discontinued and the ordinance adopted by the city council be 
substituted in their stead. If the voters of the city shall vote in favor 
of such discontinuance and substitution, the provisions of the charter so 
designated shall from thenceforth be inoperative within the city, and 
the ordinance so adopted shall take effect. No ordinance amending or 
repealing such ordinance or amending or repealing any ordinance 
that may subsequently be substituted for it, shall go into effect until 



CITIES, VILLAGES AND TOWNS. 183 



such ordinance shall have been approved by a majority of the voters of 
the city voting upon the question. 

This section shall not apply to the provisions on taxation or to the 
article on public utilities, or to the provisions vesting the control of the 
school system of the city in a board of education, or to any provisions 
of this charter expressly prohibiting or restraining the exercise of par- 
ticular powers by the city or any department or officer thereof. 

ARTICLE VI. 

Officers. 

6 — i. In addition to the officers provided for by this charter, or 
heretofore created by ordinance, the city council may in its discretion 
from time to time by ordinance passed by a vote of a majority of all the 
aldermen elected, provide for the election, by the legal voters of the 
city, or the appointment by the mayor with the approval of the city 
council, of all such officers as may, by the council, be deemed necessary 
or expedient. The city council may by a like vote, by ordinance or reso- 
lution to take effect at the end of the then fiscal year, discontinue any 
office heretofore or hereafter created by ordinance, and devolve the 
duties thereof on any other city officer ; and no officer filling any such 
office so discontinued shall have any claim against the city on account 
of his salary after such discontinuance. 

Any powers by this charter conferred or duties imposed upon any 
officers created by ordinance shall, if the office designated by the charter 
shall be abolished by the city council, be performed by the officer or 
officers upon whom the powers and duties of the office abolished are 
devolved. 

6 — 2. The term officer as used in this charter shall refer to the in- 
cumbent of any place or position under the city government held for a 
fixed term of years. The term employe shall refer to any person hold- 
ing any position in the classified service of the city. The term muni- 
cipal officer or employe shall include judges, officers and employes of 
the municipal court. This rule of construction shall not apply where 
the context clearly requires a different interpretation. 

6 — 3. All officers of the city, except as expressly otherwise pro- 
vided, shall be appointed by the mayor (and vacancies in all offices 
except the offices of the mayor and aldermen and of the judges and 
other officers of the municipal court shall be filled by like appointment) 
by and with the advice and consent of the city council. 

The city council may by ordinance not inconsistent with the pro- 
visions of this Act prescribe the duties and define the powers of all such 
officers, together with the term of any such office and provided that no 
term of office so prescribed shall exceed four years. 

Wherever any office is created to be hejd for a fixed term, the in- 
cumbent of such office shall hold such office until the expiration of his 
term and until his successor shall be elected or appointed and shall have 
qualified. 



134 CITIES, VILLAGES AND TOWNS. 



6 — 4. No person shall be eligible to any office other than that of 
superintendent of education, who shall not have resided in the city at 
least one year preceding his election or appointment, and no person 
shall be eligible to any office other than an office in the department of 
education, who shall not be a qualified elector of the city. 

6 — 5. No officer or employe shall be directly or indirectly interested 
in any contract, work or business of the city, or the sale of any article, 
the expense, price or consideration of which is paid from the treasury, 
or by any assessment levied by any Act or ordinance ; nor in the pur- 
chase of any real estate or other property belonging to the city or which 
shall be sold for taxes or assessments, or by virtue of legal process at 
the suit of said city. 

6 — 6. Every person who shall promise, offer or give, or cause, or aid, 
or abet in causing to be promised, offered or given, or furnish or agree 
to furnish, in whole or in part, to be promised, offered or given to any 
member of the city council, or any officer or employe of the city, after 
or before his election or appointment as such officer or employe, any 
moneys, goods, right in action, or other property or anything of value, 
or of pecuniary advantage, present or prospective, with intent to in- 
fluence his vote, opinion, judgment or action on any question, matter, 
cause or proceeding which may be then pending, or may by law be 
brought before him in his official capacity, shall upon conviction, be 
imprisoned in the penitentiary for a term not exceeding two years, or 
shall be fined not exceeding $5,000, or both, in the discretion of the 
court. Every officer or employe who shall accept any such gift or 
promise, or undertaking to make the same under any agreement or 
understanding that his vote, opinion, judgment or action shall be in- 
fluenced thereby, or shall be given in any question, matter, cause or 
proceeding then pending, or which may by law be brought before him 
in his official capacity, shall, upon conviction, be disqualified from hold- 
ing any public office, trust or appointment under the city, and shall 
forfeit his office, and shall be punished by imprisonment in the peniten- 
tiary not exceeding two years, or by a fine not exceeding $5,000, or 
both, in the discretion of the court. Every person offending against 
either of the provisions of this section, shall be a competent witness 
against any other person offending in the same transaction, and may 
be compelled to appear and give evidence before any grand jury or in 
any court in the same manner as other persons ; but the person so 
testifying shall not be prosecuted or subject to any penalty or for- 
feiture for or on account of any transaction, matter or thing concerning 
which he may give evidence. 

6 — 7. No municipal officer or employe shall directly or indirectly 
ask for, demand or accept for his own use or for the use of another, 
any free pass, frank, gratuity, gratuitous service or discrimination 
from any person or corporation holding or using any franchise, 
privilege or special license "granted by the city, and whose business is 
confined to the city of Chicago ; but this prohibition shall not extend to 
the furnishing of free transportation to members of the police and fire 
departments while on duty, or to letter carriers of the government in 
uniform. Any municipal officer or employe soliciting or accepting any 



CITIES, VILLAGES AND TOWNS. 135 



such pass, frank, gratuity, gratuitous service or discrimination, or any 
person or corporation holding or using such franchise, privilege or 
license or any officer thereof, granting or offering the same, shall be 
guilty of a misdemeanor, and shall be punished as provided by law. 

6 — 8. In case the mayor or any other municipal officer or employe 
shall at any time be guilty of a palpable omission of duty, or shall 
wilfully and corruptly be guilty of oppression, misconduct or mis- 
feasance in the discharge of the duties of his office, he shall be liable to 
indictment in any court of competent jurisdiction and, on conviction, 
shall be fined in a sum not exceeding $1,000; and the court in which 
such conviction shall be had shall enter an order removing such officer 
from office. 

6 — 9. The city council and any committee thereof duly thereunto 
authorized by the city council shall have the power to investigate any 
department of the city government, and the official acts and conduct 
of any city officer or employe, and the negotiation, terms, and perform- 
ance of any public contract, and for the purpose of ascertaining the 
facts in connection with such investigation to compel the attendance 
and testimony of witnesses, and the production of relevant documents 
and books, in the same manner as such power is given to the civil 
service commission for the purpose of conducting investigations in- 
stituted by it. 

6 — 10. The mayor and the city treasurer shall hold no other office 
under the city government during their respective terms of office. The 
council may create similar disqualifications with regard to any office 
established by ordinance. 

All officers and employes of the city shall be exempt from jury 
service. 

6 — 11. All appointive city officers and the city treasurer shall be 
commissioned by warrant under the corporate seal, signed by the mayor 
and (except in the case of the city clerk's commission) countersigned 
by the city clerk. The certificates of election issued to the mayor and 
the aldermen shall stand in place of their commissions. 

Any person ceasing to hold office shall within five days after notifi- 
cation and request deliver to his successor in office all property, books 
and effects of every description in his possession, belonging to the city 
or appertaining to his office ; and upon his refusal to do so shall be liable 
for all damages caused thereby and to such penalty as may by ordinance 
be prescribed. 

6 — 12. All city officers (other than clerical employes), whether 
elective or appointed, shall before entering upon the duties of their 
respective offices, take and subscribe the following oath or affirmation : 

"I do solemnly 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 according to the best of my ability," which oath 

or affirmation so subscribed shall be filed in the office of the city clerk. 

6 — 13. The city council shall have the power to require bonds of 
any municipal officer or employe, and fix the amount and penalty 



136 CITIES, VILLAGES AND TOWNS. 



thereof; and the security of any bond shall be approved by the city 
council or by some officer designated by it. A bond so required to be 
executed shall be filed in the office of the city clerk before the officer 
shall enter upon the duties of his office, except that the bond of the city 
clerk shall be filed with the city treasurer. The city council shall also 
have the power to require the giving of additional bonds and to increase 
or decrease the amount and penalty of the bond of any officer or em- 
ploye and to require the giving of a new bond where the security of an 
original bond has become either insufficient or in any way impaired, 
upon penalty of removal from office. The power vested in the city 
council by this section shall be so administered as to protect the inter 
ests of the city from danger of financial loss, and shall never be used as 
a means of removing any person from the civil service of the city with- 
out a hearing before the civil service commission in accordance with 
law. 

In such case the city employe or official whose office is sought to be 
declared vacant by reason of a failure to give a new, additional or in- 
creased bond, shall have the right to have a hearing before the civil 
service commission upon the question of his removal. 

6 — 14. All officers or employes required to give bonds may offer as 
surety or sureties on their bonds, a surety company or companies 
authorized to do business in this State under the laws thereof, to be 
approved by the comptroller (but in which the comptroller shall not be 
interested), and the city council may in its discretion provide that the 
expense of any such bond be met out of the appropriation for the 
department to which such officer belongs, such expense not to exceed 
half of one per cent per annum on the amount of such bond. 

6 — 15. An official bond not executed in accordance with legal 
requirements shall nevertheless be enforceable against the obligator 
and his surety or sureties ; nor shall the execution of a new or additional 
bond affect the old bond or the liability of the sureties thereon. 

6 — 16. The compensation of all the city officers and employes 
(other than such as are employed for less than a year) except as in this 
charter otherwise provided, shall be by salary to be fixed by the city 
council by the annual appropriation ordinance, and the compensation of 
no officer or employe (other than as before specified) shall be altered 
during the same fiscal year. No officer or employe shall be allowed any 
fees, perquisites, emoluments or any rewards or compensation aside 
from his salary, but all fees received by him in connection with his 
official duties shall be paid by him into the city treasury. 

6 — 17. The city council may by ordinance provide in regard to the 
relation between the officers and employes of the city in respect to each 
other, the city and the public, and may provide for reasonable fines for 
violation of regulations made in that behalf. The city council shall by 
ordinance make rules and regulations not conflicting with law or with 
any general ordinance for the government of every city department, 
and for regulating the conduct and action of the emploves in said 
department, which may be amended from time to time. The head of 
each department shall furnish every employe or member of his depart- 
ment with a copy of such rules and regulations. 



CITIES, VILLAGES AND TOWNS. 137 



ARTICLE VII. 

Civil Service. 

7 — I. There shall be a civil service commission consisting of three 
members who shall be appointed by the mayor by and with the advice 
and consent of the city council. 

The mayor shall appoint a commissioner in place of the commissioner 
whose term of office would have expired within one year after this 
charter takes effect, for a term of two years ; a commissioner in place 
of the commissioner whose term of office would have expired within 
the year next following, for a term of four years ; and a commissioner 
in place of the commissioner whose term of office would have expired 
within one year thereafter, for a term of six years ; and upon the ex- 
piration of the term of office of each commissioner so appointed his 
successor shall be appointed for a term of six years. 

Two commissioners shall constitute a quorum. All appointments to 
said commission shall be so made that not more than two members 
shall, at the time of appointment be members of the same political 
party. Said commissioners shall hold no other lucrative office or em- 
ployment under the United States, the State of Illinois, or any muni- 
cipal corporation or political division thereof. Each commissioner, be- 
fore entering upon the duties of his office, shall take the oath prescribed 
by the constitution of this State. 

7 — 2. All offices and places of employment heretofore classified shall 
remain classified, and the commissioners shall classify all other muni- 
cipal offices and places of employment, created or authorized by the 
provisions of this Act or amendments thereto, with reference to the 
examinations hereinafter provided for, except those offices and places 
mentioned in section n of this article. The offices and places so 
classified by the commission shall constitute the classical civil service of 
such city ; and no appointments to any of such offices or places shall be 
made except under and according to the rules hereinafter mentioned. 

7 — 3. All rules heretofore made by the commission and now in force 
shall remain in force until repealed or altered, and the commission shall 
have power to make and alter rules to carry out the purposes of this 
article, and for examinations, appointments and removals in accordance 
with its provisions, and the commission may, from time to time, make 
changes in the original rules. 

7 — 4. All changes in rules shall forthwith be printed for distribu- 
tion by said commission ; and the commission shall give notice of the 
place or places where said rules may be obtained by publication in one 
or more daily newspapers, published in the city, and in each publication 
shall be specified the date, not less than ten days subsequent to the date 
of such publication when said rules shall go into operation. 

7 — 5. All applicants for offices or places in said classified service, 
except those mentioned in section eleven, shall be subjected to examina- 
tion, which shall be public, competitive and free to all citizens of the 
United States, with specified limitations as to residence, health, habits 
and moral character. Such examinations shall be practical in their 



138 CITIES, VILLAGES AND TOWNS. 



character, and shall relate to those matters which will fairly test the 
relative capacity of the persons examined to discharge the duties of the 
position to which they seek to be appointed, and shall include tests of 
physical qualification and health, and when appropriate, of manual 
skill. No questions in any examination shall relate to political or 
religious opinions or affiliations. The commission shall control all ex- 
aminations, and may, whenever an examination is to take place, desig- 
nate a suitable number of persons, either in or not in the official service 
of the city, to be examiners, and it shall be the duty of such examiners, 
and, if in the official service, it shall be a part of their official duty with- 
out extra compensation, to conduct such examination as the commission 
may direct, and to make return or report thereof to said commission, 
and the commission may at any time substitute any other person! 
whether or not in such service, in the place of any one so selected ; and 
the commission may themselves at any time act as such examiners and 
without appointing examiners. The examiners at any examination 
shall not all be members of the same political partv. 

7 — 6. Notice of time and place and general scope of every exam- 
ination shall be given by the commission by publication two weeks 
preceding such examination in a daily newspaper of general circulation 
published in the city, and such notice shall be posted by said commission 
in a conspicuous place in their office for two weeks before such examin- 
ation. Such further notice of examination may be given as the commis- 
sion shall prescribe. 

7 — 7. From the returns or reports of the examiners, or from the 
examinations made by the commission, the commission shall prepare a 
register for each grade or class of positions in the classified service of 
the city of the persons whose general average standing upon exam- 
ination for such grade or class is not less than the minimum fixed by 
the rules of such commission, and who are otherwise eligible ; and such 
persons shall take rank upon the register as candidates in the order of 
their relative excellence as determined by examination, without refer- 
ence to priority of time of examination. 

7 — 8. The commission shall, by its rules, provide for promotions in 
such classified service, and shall provide that vacancies shall be filled by 
promotion, in all cases where, in the judgment of the commission, it 
shall be for the best interests of the service so to fill such vacancy. If, 
in the judgment of the commission it is not for the best interests of the 
service to fill such vacancy by promotion, then such vacancy shall be 
filled by an original entrance examination: Provided, however, that 
the commission shall in its rules fix upon a credit based upon seniority 
and ascertained merit in service to be given to all employes in the 
classified service in the line of promotion who submit themselves to 
such original examination. All promotional examinations shall be 
limited to such members of the next lower rank or grade as desire to 
submit themselves to such examination. The method of examination 
and the rules governing the same and the method of certifying shall be 
the same as provided for applicants for original appointments. 

7 — 9. The head of the department or office in which a position 
classified under this Act is to be filled shall notify said commission of 



CITIES, VILLAGES AND TOWNS. 189 



that fact, and said commission shall certify to the appointing officer the 
name and address of the candidate standing highest upon the register 
for the class or grade to which said position belongs, except that, in 
cases of laborers where a choice by competition is impracticable, said 
commission may provide by its rules that the selections shall be made 
by lot from among those candidates proved fit by examination. In 
making such certification sex shall be disregarded, except when some 
statute, the rules of said commission or the appointing power specifies 
sex. The appointing officer shall notify said commission of each 
position to be filled separately, and shall fill such place by the appoint- 
ment of the person certified to him by said commission therefor, which 
appointment shall be on probation for a period to be fixed by said rules. 
Said commission may strike of names of candidates from the register 
after they have remained thereon more than two years. At or before 
the expiration of the period of probation the head of the department or 
office in which a candidate is employed may, by and with the consent of 
said commission, discharge him upon assigning in writing his reason 
therefor to said commission. If he is not then discharged his appoint- 
ment shall be deemed complete. To prevent the stoppage of public 
business, or to meet extraordinary exigencies, the head of any depart- 
ment or office may, with the approval of the commission, make tem- 
porary appointments to remain in force not exceeding sixty days, and 
only until regular appointments under the provisions of this article can 
be made. 

7 — 10. Persons who were engaged in the military or naval service 
of the United States during the years 1861, 1862, 1863, 1864, 1865, or 
1898, and who were honorably discharged therefrom, shall be preferred 
for appointments to civil offices, provided they are found to possess the 
business capacity necessary for the proper discharge of the duties of 
such office, and it shall be the duty of the examiner or commissioner 
certifying the list of eligibles who have taken the examination pro- 
vided for in this Act, to place the name or names of such persons at the 
head of the list of eligibles certified for appointment. 

7 — 11. Officers who are elected by the people, or who are elected 
by the city council, or whose appointment is subject to confirmation by 
the city council, judges and clerks of election, members of the board of 
education, the superintendent, principals and teachers of schools, the 
superintendent of parks, heads of any principal department of the city, 
members of the law department, other than clerks and stenographers, 
all secretaries and stenographers actually performing service to the 
mayor, shall not be included in such classified service. 

7 — 12. No person shall be removed from.the classified civil service 
nor reduced in grade or compensation, except as hereinafter provided. 

Whenever it will promote the efficiency of the service, removals from 
the classified service or reductions in grade or compensation, or both, 
may be made in any department of such service by the appointing 
power in the manner following: The person sought to be removed 
shall be served with a copy of the order of removal and notice of sus- 
pension from such service, and also written specifications ; and such 
person shall have not less than three nor more than seven days to 



140 CITIES, VILLAGES AND TOWNS, 



answer the same in writing. A copy of the order, specifications and 
answer, if any, shall be filed with the commission, which shall promptly 
approve or disapprove of such order. Said commission may in its dis- 
cretion investigate any removal or reduction, or may appoint some 
officer or investigating board to conduct such investigation, who shall 
thereupon investigate any such case which the commission has reason 
to believe has not been made for the purpose and in the manner herein 
provided. Such suspensions shall be without pay: Provided, how- 
ever, that said commission in case of disapproval may direct that pay 
shall be restored. 

Reductions in grade or compensation, or both, shall be made in the 
like manner, as near as may be, but without suspension pending such 
approval or disapproval. A copy of said papers in each case shall be 
made a part of the record of the division of the service in which the 
removal or reduction is made. No removal or reduction shall be effect- 
ive if disapproved by the commission. All decisions by said commission 
or of the investigating officers, or board, when approved by said com- 
mission, shall be final, and shall be certified to the appointing officer 
and shall be forthwith enforced by such officer. Nothing in this Act 
shall limit the power of any officer to suspend a subordinate without 
pay for cause assigned in writing, a copy of which shall be delivered to 
such subordinate. Such suspension shall be for a reasonable period, 
not exceeding thirty days. In the course of any investigation provided 
for in this section, each member of the commission shall have the 
power to administer oaths, and said commission shall have the power 
to secure by its subpoena both the attendance and testimony of wit- 
nesses, and the production of books and papers relevant to such 
investigation. 

Nothing in this section shall be construed to require charges or in- 
vestigations in the case of laborers. 

7 — 13. Immediate notice in writing shall be given by the appoint- 
ing power, to said commission, of all appointments, permanent or tem- 
porary, made in such classified civil service, and all transfers, promo- 
tions, resignations, or vacancies from any cause in such service, and of 
the date thereof ; and a record of the same shall be kept by said com- 
mission. When any office or place of employment is created or 
abolished, or the compensation attached thereto altered, the officer or 
board making such change shall immediately report it in writing to 
said commission. 

7 — 14. The commission shall investigate the enforcement of this 
Act and of its rules, and the action of the examiners herein provided 
for, and the conduct and action of the appointees in the classified ser- 
vice in the city, and may inquire as to the nature, tenure and compen- 
sation of all offices and places in the public service thereof. In the 
course of such investigations each commissioner shall have power to 
administer oaths, and said commission shall have power to secure by its 
subpoena both the attendance and testimony of witnesses and the 
production of books and papers relevant to such investigation. 

7 jg. Said commission shall, on or before the fifteenth day of 

January of each year, make to the mayor for transmission to the city 



CITIES, VILLAGES AND TOWNS. 141 



council a report showing its own action, the rules in force, the practical 
effects thereof, and any suggestions it may approve for the more 
effectual accomplishment of the purpose of this article. The mayor 
may require a report from said commission at any other time. 

7 — 16. Said commission shall appoint a chief examiner, whose duty 
it shall be, under the direction of the commission, to superintend any 
examination held in the city under this article, and who shall perform 
such other duties as the commission shall prescribe. The chief ex- 
aminer shall be ex officio secretary of said commission, under the 
direction of such commission ; he, as such secretary, shall keep the 
minutes of its proceedings, preserve all reports made to it, keep a record 
of all examinations held under its direction, and perform such other 
duties as the commission shall prescribe. 

7 — 17. All officers of the city shall aid said commission in all proper 
ways in carrying out the provisions of this Act, and at any place where 
examinations are to be held shall allow reasonable use of public build- 
ings for holding such examinations. The mayor of the city shall cause 
suitable rooms to be provided for said commission at the expense of 
the city. 

7—18. The salary of each of said commissioners shall be fixed by 
ordinance at not less than three thousand dollars per year ; and the 
salary of the chief examiner shall be fixed by ordinance. Any person 
not at the time in the official service of the city, serving as a member of 
the board of examiners or of a trial board, shall receive compensation 
for every day actually and necessarily spent in the discharge of his duty 
as an examiner or a member of the trial board, at the rate of five 
dollars per day, and said commission may also incur expenses not ex- 
ceeding five thousand dollars per year, for clerk hire, printing, station- 
ery and other incidental matters. 

7 — 19- A sufficient sum of money shall be appropriated each year to 
carry out the provisions of this article in the city. 

7 — 2 °- No person or officer shall wilfully or corruptly by himself or 
in co-operation with one or more other persons, defeat, deceive, or 
obstruct any person in respect to his or her right of examination, or 
corruptly or falsely mark, grade, estimate or report upon the exam- 
ination or proper standing of any person examined hereunder or aid in 
so doing, or wilfully or corruptly make any false representation con- 
cerning the same, or concerning the person examined, or wilfully or 
corruptly furnish to any person any special or secret information for 
the purpose of either improving or injuring the prospects or chances 
of any person so examined or to be examined, being appointed, em- 
ployed or promoted. 

7 — 21. _No applicant for examination for any office or place of em- 
ployment in said classified service shall wilfully or corruptly, by him- 
self or in co-operation with one or more other persons deceive the said 
commission with_ reference to his identity, or wilfully or corruptly make 
false representations in his application for examination, or commit any 
fraud for the purpose of improving his prospects or chances in such 
examination. 



142 CITIES, VILLAGES AND TOWNS. 



7 — 22. No officer or employe of such city shall solicit, orally or by 
letter, or receive or pay, or be in any manner concerned in soliciting, 
receiving or paying, any assessment, subscription or contribution for 
any party or political, purpose whatever. ■ 

7 — 23. No person shall solicit, orally or by letter, or be in any 
manner concerned in soliciting any assessment, contribution or pay- 
ment, for any party or any political purpose whatever, from any officer 
or employe in any department of the city government. 

7 — 24. No person shall in any room or building occupied for the 
discharge of official duties by any officer or employe solicit, orally or by 
written communication, delivered therein, or in any other manner, or 
receive any contribution of money or other thing of value, for any party 
or political purpose whatever. No officer, agent, clerk or employe un- 
der the government of the city, who may have charge or control of any 
building, office or room, occupied for any purpose of said government, 
shall permit any person to enter the same for the purpose of therein 
soliciting or delivering written solicitations for receiving or giving 
notice of any political assessments. 

7 — 25. No officer or employe in the service of the city shall, directly 
or indirectly, give or hand over to any officer or employe in said ser- 
vice, or to any senator or representative or alderman, councilman or 
commissioner, any money or other valuable thing, on account of or to 
be applied to the promotion of any party or political object whatever. 

7 — 26. No officer or employe of the city shall discharge or degrade 
or promote, or in any manner change the official rank or compensation 
of any other officer or employe, or promise or threaten to do so for 
giving or withholding or neglecting to make any contribution of money 
or other valuable thing for any party or political purpose, or for re- 
fusal or neglect to render any party or political service. 

7 — 27. No applicant for appointment in said classified civil service, 
either directly or indirectly, shall pay, or promise to pay any monev or 
other valuable thing to any person whatever for or on account of his 
appointment, or proposed appointment, and no officer or employe shall 
pay or promise to pay, either directly or indirectly, any person any 
money or other valuable thing whatever for or on account of his 
promotion. 

7 — 28. No applicant for appointment or promotion in said classified 
civil service shall ask for or receive a recommendation or assistance 
from any officer or employe in said service, or of any person upon the 
consideration of any political service to be rendered to or for such 
person or for the promotion of such person to any office of 
appointment. 

7 — 29. No person, while holding any office in the government of the 
city, or in nomination for, or while seeking a nomination for, or ap- 
pointment to any such office, shall corruptly use or promise to use, 
either directly or indirectly, any official authority or influence (whether 
then possessed or merely anticipated) in the way of conferring upon 
any person, or in order to secure or aid any person in securing any 
office or public employment, or any nomination, confirmation, promotion 



CITIES, VILLAGES AND TOWNS. 143 



or increase of salary upon the consideration or condition that the vote 
or political influence or action of the last named person or any other 
shall be given or used in behalf of any candidate, officer or party, or 
upon any other corrupt condition or consideration. 

7 — 30. No accounting or auditing officer shall allow the claim of 
any public officer for services of any deputy or other person employed 
in the public service in violation of the provisions of this article. 

7 — 31. The commission shall certify to the comptroller all appoint- 
ments to offices and places in the classified civil service, and all vacan- 
cies occurring therein, whether by dismissal or resignation or death, 
and all findings made or approved by the commission under the pro- 
vision of section twelve of this article, that a person shall be discharged 
from the classified civil service. 

7 — 32. The comptroller shall not approve the payment of, or be in 
any manner concerned in paying any salary or wages to any person for 
services as an officer or employe of the city, unless such person is 
occupying an office or place of employment according to the provisions 
of law and is entitled to payment therefor. 

7 — 33. The treasurer shall not pay, or be in any manner concerned 
in paying any person any salary or wages for services as an officer or 
employe of the city, unless such person is occupying an office or place 
of employment according to the provisions of law and is entitled to 
payment therefor. 

7 — 34. Any person who shall be served with a subpoena to appear 
and testify or to produce books and papers, issued by the commission 
or by any commissioner or by any board or person acting under the 
orders of the commission in the course of an investigation conducted 
either under the provisions of section 12 or section 14 of this article, 
and who shall refuse or neglect to appear or to testify, or to produce 
books and papers relevant to said investigation, as commanded in such 
subpoena, shall be guilty of a misdemeanor, and shall, on conviction, be 
punished as provided in section 35 of this article. The fees of witnesses 
for attendance and travel shall be the same as the fees of witnesses 
before the circuit courts of this State, and shall be paid from the ap- 
propriation for the expenses of the commission. Any circuit court of 
this State, or any judge thereof, either in term or vacation, upon 
application of any such commission, or officer or board, may in his 
discretion compel the attendance of witnesses, the production of books 
and papers, and giving of testimony before the commission, or before 
such commissioner, investigating board or officer, by attachment for 
contempt or otherwise in the same manner as the production of 
evidence may be compelled before said court. Every person, who hav- 
ing taken oath or made affirmation before a commissioner or officer 
appointed by the commission, authorized to administer oaths, shall 
swear or affirm wilfully, corruptly and falsely shall be guilty of perjury, 
and upon conviction shall be punished accordingly. 

7 — 35. Any person who shall wilfully, or through culpable neg- 
ligence, violate any of the provisions of this article, or any rule pro- 
mulgated in accordance with the provisions thereof, shall be guilty of a 



144 CITIES, VILLAGES AND TOWNS. 



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 and imprisonment in the discretion of the 
court. 

7 — 36. If any person shall be convicted under the next preceding 
section, any public office or place of public employment which such 
person may hold shall, by force of such conviction, be rendered vacant, 
and such person shall be incapable of holding any office or place of 
public employment for the period of five years from the date of such 
conviction. 

7 — 2)7- Prosecutions for violations of this article may be instituted 
either by the Attorney General, State's Attorney for the county in 
which the offense alleged to have been committed, or by the commission, 
acting through special counsel. Such suits shall be conducted and con- 
trolled by the prosecuting officers who institute them, unless they 
request the aid of other prosecuting officers. 

ARTICLE VIII. 
Corporate Powers. 

8 — 1. The city of Chicago by that name shall continue to be a body 
politic and corporate, may sue and be sued, enter into contracts, and 
acquire and hold real and personal property for corporate purposes, 
and dispose thereof when no longer required for corporate purposes. 

8 — 2. The city clerk shall keep the corporate seal to be provided 
under the direction of the city council, and all papers belonging to the 
city ; and copies of all papers duly filed in his office certified by him un- 
der the corporate seal shall be evidence in all courts in like manner as if 
the originals were produced. 

8 — 3. A suit may be brought by any tax payer in the name and for 
the benefit of the city against any person or corporation to recover any 
money or property belonging to the city or for any money which may 
have been paid, expended or released without authority of law, provided 
that such tax payer shall file a bond for all costs and be liable for all 
costs in case judgment should be rendered against the city. 

8 — 4. No person shall be incompetent to act as judge, justice ot 
juror by reason of his being an inhabitant or freeholder in the city in 
any action or proceeding in which the city may be a party in interest. 

8 — 5. When in any suit the city prays an appean from the judgment 
of any court of this State to a higher court it shall not be required to 
furnish any appeal bond. 

8 — 6. No suit or action at law shall be brought or commenced in 
any court within this State for damages against the city by any person 
for an injury to his person unless such suit or action be commenced 
within one year from the time such injury was received or the cause 
of action accrued. 



CITIES, VILLAGES AND TOWNS. 145 



8 — 7. Any person who is about to bring any action or suit at law in 
any court against the city for damages on account of any personal 
injury shall, within six months from the date of injury or from the 
time the cause of action accrued, either himself, or by his agent or 
attorney, file in the office of the corporation counsel and in the office of 
the city clerk, a statement in writing signed by such person, his agent 
or attorney, giving the name of the person to whom such cause of 
action has accrued, the name and residence of the person injured, the 
date, and approximately the hour of the accident, the place or location 
where such accident occurred, the nature of his injury and of his claim, 
and the name and address of the attending physician if any. 

8 — 8. If the notice provided for by the foregoing section shall not 
be so filed, then any such suit brought against the city shall be dis- 
missed and the person to whom such cause of action accrued for any 
personal injury shall be forever barred from further suing. 

8 — 9. The city council may accept any gift, bequest, devise or 
dedication of property to the city either within or outside of the city 
limits, the ownership or the proceeds of the sale of which will in its 
judgment be beneficial to the city, and may assume trusts which a 
municipality may lawfully perform. 

No property given, devised or bequeathed to the city for the use of 
the public schools or of the public parks or of the public library, the 
ownership or management of which will entail any expense upon the 
city, shall be accepted by the city council without the consent of the 
head of the department out of whose appropriation the cost of main- 
tenance is to be met. 

8 — 10. The city may acquire property inside of the city limits by 
purchase or condemnation for any municipal purpose. 

8 — 11. The city may acquire by purchase any property outside of 
the city limits if in the opinion of the council it is useful, advantageous 
or desirable for any municipal purpose. 

8 — 12. The city may acquire property outside of the city limits by 
condemnation, for water works, sewers, and for park and boulevard 
purposes only. 

8 — 13. The city may exercise the power of coridemnation for the 
purpose of acquiring or extinguishing easements or riparian or other 
incorporeal rights. 

8 — 14. The power of condemnation shall be exercised in conformity 
with the laws of the State concerning eminent domain, or in so far as 
property is condemned in connection with the making of local improve- 
ments, in conformity with the Act concerning local improvements ap- 
proved June 14, 1897, an d Acts amendatory thereof or in addition 
thereto. 

8 — 15. Upon a judicial sale of property for the non-payment of a 
tax or special assessment or on execution upon judgment recovered by 
the city ,or upon process issued in any suit to which the city is a party, 
the city may in default of other bidders bidding an amount sufficient to 
protect the city's interest, become the purchaser of such property and 

—10 L 



146 CITIES, VILLAGES AND TOWNS. 



may by ordinance authorize and make it the duty of any officer to attend 
such sale and bid thereat in behalf of the city. The city having bought 
in property sold for non-payment of any special tax or assessment 
shall pay the amount of the delinquent tax or assessment, with interest 
thereon, into the fund set apart for such tax or assessment, for the 
benefit of the holder or holders of any improvement bond or bonds 
issued on account thereof, when necessary to prevent a default in the 
payment of such bond or bonds. The failure to bid in behalf of the 
city at such sale shall not impair the right of the city to enforce all legal 
remedies for the collection of such special tax or assessment at any sub- 
sequent sale for unpaid taxes or assessments. Should the city incur 
any liability by reason of the ownership or management of the property 
bid in under the authority of this section, such liability shall be enforce- 
able only out of such property and not out of any other funds or prop- 
erty of the city. 

8 — 16. Any real property held by the city for any purpose whatever, 
may be sold in pursuance of an ordinance passed by three-fourths of the 
members elected to the city council at any regular meeting or at any 
special meeting called for such purpose when the same, in the opinion 
of the city council, shall be no longer necessary, appropriate or required 
for the use of the city, or shall be no longer profitable to the city, or its 
retention shall be no longer for its best interests ; but the city council 
shall sell no property under the control or management of the depart- 
ment of parks without the written consent of the board of park com- 
missioners, nor any property under the control or management of the 
department of education without the written consent of the board of 
education, nor any property under the control or management of the 
library board without the consent of the library board. 

8 — 17. Such ordinance shall specify the location of such real prop- 
erty and the use thereof, and before any sale shall be made by virtue of 
any such ordinance such ordinance and proposition to sell shall be 
published in a daily paper once a week for eight successive weeks. Such 
notice shall contain an accurate description of such property, the pur- 
pose for which it is used, and at what meeting the bids will be con- 
sidered and opened, and shall invite bids for such property. All such 
bids shall be opened only at a meeting of the city council and shall be 
accepted only by a vote of three-fourths of all its members. 

8 — 18. Upon any bid having been accepted and the purchase price 
duly paid or secured, the mayor and city comptroller shall in the name 
of the city convey such real estate and transfer the same to such party 
or parties whose bids have been accepted by proper deed or deeds of 
conveyance, stating therein the consideration for which the property 
has been sold. 

8 — 19. The city council may provide by ordinance that all supplies 
needed for the use of the city shall be furnished by contract let to the 
lowest responsible bidder. 

8 — 20. Municipal services may be performed and municipal works 
carried out either through contracts entered into for that purpose or by 
the city directlv by means of its own material and of labor employed 
by it. 



CITIES, VILLAGES AND TOWNS. 147 



This section shall not apply to works or improvements to be paid for 
wholly or in part by special taxation or special assessment. 

For services performed by it, the city may charge such reasonable 
fees as may be prescribed by ordinance. 

ARTICLE IX. 

Police Power. 

9 — I. The police power of the city shall extend to the prevention 
of crime, the preservation and promotion of local peace, safety, health, 
morals, order and comfort, and to the prevention of fraud and extor- 
tion within the community, by measures of regulation, licensing, re- 
quirement of bonds, examination, inspection, registration, restraint and 
prohibition, as well as by establishment of municipal services. 

The words "regulate" or "control," as hereinafter uSed, shall include 
any or all of these methods that may be applicable, appropriate and 
legitimate. 

9^-2. The provisions of Cities and Villages Act of 1872, conferring 
upon cities jurisdiction beyond their territorial limits, shall continue to 
apply to the city of Chicago. That is to say: 

1. The city shall have jurisdiction in and over all places within half 
a mile beyond its limits for the purpose of enforcing its health and quar- 
antine ordinances and regulations. 

2. It shall have jurisdiction within one mile beyond the city limits 
for the purpose of controlling or prohibiting the erection of cemeteries 
or of any offensive or unwholesome business or establishment. 

3. It shall have jurisdiction within three miles beyond the city limits 
for the purpose of suppressing houses of ill fame or assignation. 

4. It shall have jurisdiction to the extent of three miles beyond the 
limits of the city and of the territory owned by it, but not to exceed 
the limits of the State, over all waters bordering upon the city. 

9 — 3. The mayor and the policemen of the city shall be conservators 
of the peace, and all officers created conservators of the peace by this 
article or authorized by any ordinance, shall have power to arrest or 
cause to be arrested, with or without process, all persons who shall 
break the peace, or be found violating any ordinance of the city, or any 
criminal law of the State, commit for examination and, if necessary, 
detain such persons in custody over night or Sunday in the police 
station or any other safe place, or until they can be brought before the 
proper magistrate, and shall have and exercise such other powers as 
conservators of the peace as the city council may prescribe. All war- 
rants for the violation of ordinances, and all criminal warrants to 
whomsoever directed, may be served and executed within the corporate 
limits of the city by any policeman of the city; such policeman being 
hereby clothed with all the statutory powers of constables for such pur- 
poses, and with all the powers of constables at common law. 

It shall not be lawful for the corporate authorities of the city to em- 
ploy or permit any person to act as deputy marshal or special con- 
stable or special policeman for the purpose of preserving peace, who 



148 CITIES, VILLAGES AND TOWNS. 



is not a citizen of the United States and who has not been an actual 
resident of the city one whole year before such authorization. Any 
violation of this provision shall be a misdemeanor and shall be punished 
by a fine not less than $100.00 and not more than $500.00. 

9 — 4. The city council shall have the power to regulate the use of 
streets and other public places and of all public waters within the limits 
of the city's jurisdiction, and to regulate and control bridges, wharves, 
piers and landing places. 

9 — 5. The city council shall have the power to establish fire limits 
within which wooden buildings may not be erected, replaced or repaired 
without permission, and to direct that all and any buildings within the 
fire limits when the same shall have been damaged by fire, decay or 
otherwise, to the extent of 50 per cent of the value thereof, shall be 
torn down or removed, and to prescribe the manner of ascertaining 
such damage. 

9 — 6. The city council shall have power to maintain a fire depart- 
ment. The fire marshal or fire inspector, if any, shall have the power 
of compelling the attendance and testimony of witnesses for the pur- 
pose of ascertaining the causes and circumstances of fires occurring 
within the city. 

9 — 7. No ordinance shall be enacted altering the limit of the height 
of buildings to be erected within the city of Chicago except by a vote of 
two-thirds of all members of the city council. 

9 — 8. The city council shall have power to require railroad com- 
panies owning or operating railroads within the city to adopt all such 
measures with regard to the location, grade and general condition of 
their right of way, with regard to railroad crossings and with regard to 
the operation of trains as are in the judgment of the city council called 
for in the interest of the safety, comfort and convenience of the public, 
and for the security and protection of property. 

9 — 9. The regulation by statute of a matter within the police 
power of the city shall not prevent the city council from prescribing 
additional regulations not conflicting with the statute, regarding the 
same subject matter. 

9 — 10. The power of the city council to regulate, control or prohibit 
the manufacture, selling or giving away of intoxicating liquors and 
beverages, shall be subject to the provisions of the general laws of the 
State, except as specially modified by law with reference to the city of 
Chicago, and further subject to the terms and conditions upon which 
any district may have been or may hereafter be annexed to the city. 

9 — 11. The city council shall have no power to license gambling 
houses or houses of ill fame. 

9 — 12. The city council shall have power to regulate, license or pro- 
hibit the keeping of dogs and other animals within the city limits. 

9—13. The city council shall have power to regulate the business 
and the charges of hackmen, draymen, omnibus drivers, carters, cab- 
men, porters, expressmen, wharfingers, ferrymen and all persons and 
corporations owning or managing public utilities or whose business is 



CITIES, VILLAGES AND TOWNS. 149 



carried on under special grants of license or privilege from the city, also 
to fix the rates of wharfage and dockage, also to regulate the price of 
bread. 

9 — 14. The city council shall have power to provide for such fines, 
penalties and forfeitures for the violation of its ordinances, or of the 
ordinances of any of the city departments made under the authority of 
this charter, as it may deem proper, provided that no fine or pecuniary 
penalty shall exceed $200.00 and no imprisonment shall exceed six 
months for any one offense. 

9 — 15. The city council shall have power to fix the fees, terms and 
manner of issue and revocation of licenses, but no business or occupa- 
tion license shall be revoked except for cause. 

9 — 16. The city council may without prejudice to the other rights, 
powers and remedies of the city, provide that where any owner or 
occupant of property refuses or fails after such reasonable notice in 
writing as may be prescribed by ordinance to comply with a lawful 
order made under the authority of any law or ordinance, directing him 
to remove or abate any nuisance existing in respect of his property, 
such nuisance may be removed, or abated by or under the authority of 
the city at the expense of such owner or occupant, and the city shall be 
entitled to collect all reasonable charges incurred by it or under its 
authority in removing or abating such nuisance by legal proceedings 
brought against such owner or occupant. 

. 9 — 17. All fines and forfeitures for the violation of ordinances, 
when collected, and all moneys collected for licenses or otherwise, shall 
be paid into the city treasury at such times and in. such manner as may 
be prescribed by ordinance, or by law. 

9 — 18. Wherever a license or permit is required by ordinance for 
any act, thing or business, the city council may by ordinance provide 
for the prohibition under penalty and for the summary suppression of 
such act, thing or business until such license is obtained. Any license 
fee that has become payable may be collected as a debt. 

9 — 19. The city may maintain an action in the municipal court of 
the city of Chicago, to restrain by injunction a violation of any of its 
ordinances enacted for the prevention or abatement of nuisances or for 
the protection of the public health, notwithstanding such ordinance 
may provide a penalty for such violation. 

9 — 20. All actions brought to recover any fine, or to enforce any 
penalty, under any ordinance of the city or of any of its departments, 
shall be brought in the corporate name of the city as plaintiff; and no 
prosecution, recovery or acquittal, for the violation of any such ordi- 
nance shall constitute a defense to any other prosecution of the same 
party for any other violation of any such ordinance, although the differ- 
ent causes of action existed at the same time, and, if united, would not 
have exceeded the jurisdiction of the court or magistrate. 

9 — 21. Any person upon whom any fine or penalty shall be im- 
posed, may, upon the order of the court or magistrate before whom the 
conviction is had, be committed to the county jail, city prison, work- 
house, house of correction, or other place provided by the city for the 



150 CITIES, VILLAGES AND TOWNS. 



incarceration of offenders, until such fine, penalty and cost shall be fully 
paid : Provided, that no such imprisonment shall exceed six months for 
any one offense. The city council shall have power to provide, by ordi- 
nance, that every person so committed shall be required to work for the 
city, at such labor as his or her strength will permit, within and without 
such prison, workhouse, house of correction, or other place provided 
for the incarceration of such offenders, not exceeding ten hours each 
working day ; and for such work the person so employed to be allowed, 
exclusive of his or her board, $2 for each day's work on account of such 
fine and cost. 

ARTICLE X. 

Powers for Aid, Relief and Correction. 

10 — 1. The city council shall have the power to provide for the care 
of the indigent of the city, and in times of great public emergency or 
calamity to extend aid and relief to persons in distress and take such 
other measures as the situation may call for. 

10 — 2. The city council shall have power in its discretion to in- 
demnify persons whose property has been destroyed by or under the 
authority of officers of the fire department of the city in order to check 
the spread of a conflagration, or by or under the authority of the sani- 
tary authorities of the city in order to check the spread of infectious 
and contagious diseases. 

10 — 3. The city council shall have the power to establish, erect and 
maintain alms houses, municipal lodging houses and farms for unem- 
ployed persons, and free employment bureaus on the premises occupied 
by any lodging house, and creches for infant children, and to provide 
for the control and management of the same. 

10 — 4. The city council shall have power to establish and maintain 
medical dispensaries, and to erect, establish, acquire and maintain hos- 
pitals either of general character, or of special character for particular 
classes of cases, which hospitals may be free or for pay, or partly 
free and partly for pay, as the council may determine, and shall have 
power to provide for the control and management of the same. 

10 — 5. The city council shall have the power to establish and main- 
tain jails, houses of correction, workhouses and work farms for the 
confinement and reformation of vagrants, disorderly persons and per- 
sons convicted of violating any city or departmental ordinance or of 
committing any misdemeanor. Provision shall be made for housing 
female offenders separately from male offenders, and juvenile offenders 
separately from adults. 

The city council shall have power to provide for the government of 
such institutions. 

The operation of an Act to establish workhouses, approved April 25. 
1871, shall within or for the city of Chicago be superseded by any regu- 
lations made by or under the authority of the city council under the 
power hereby granted in so far as such regulations may be in conflict 
with the provisions of this act. 



CITIES, VILLAGES AND TOWNS. 151 



10 — 6. The city council shall also have power to provide for the 
care, training and reformation of juvenile delinquents or dependents 
and to establish institutions for that purpose. 

io — 7. The municipal authorities shall have power to enter into 
agreements and arrangements with the authorities of Cook county or 
other governmental authorities, for mutual cooperation in the preven- 
tion, detection, prosecution and punishment of crime, and in the work 
of reformation, correction, charity, aid or relief, and may make 
pecuniary grants in such aid of such work. 

ARTICLE XL 

Finance. 

11 — I. The city council shall have power to control the city finances, 
to appropriate money for corporate purposes and to provide for the 
payment of the expenses and debts of the city. 

The term corporate purposes shall be held to include any legitimate 
object of municipal interest or activity not contrary to the provisions 
and limitations of this charter, for which the legislature has power to 
authorize the expenditure of city funds or the exercise of the power 
of local taxation. The term municipal purposes, where used in this 
charter, shall be construed in like manner. 

11 — 2. The fiscal year of this city shall commence upon the first of 
January of each year, or at such other time as may be fixed by ordi- 
nance. 

11 — 3. The city council shall, within the quarter preceding the be- 
ginning of each fiscal year, or within the first quarter of such year 
(which year is herein referred to as the ensuing fiscal year), pass an 
ordinance to be termed the annual appropriation ordinance, in which 
it may appropriate such sums of money as it may deem necessary to 
defray all expenses and liabilities of the city, and in such ordinance 
shall specify the objects and purposes for which such appropriations 
are made and the amount appropriated for each object and purpose. 

In case the passage of the annual appropriation ordinance shall be 
delayed until after the beginning of the fiscal year the city council may, 
during the period from the beginning of the year to the time of the 
taking effect of such ordinance, upon the recommendation of the 
finance committee authorize the comptroller to incur the periodical ex- 
penditures for current needs of the municipality to the extent that the 
same had been authorized for the corresponding period of the preceding 
year and also to incur expenditures for continuation of works that are 
in process of being carried out and that do not admit of interruption or 
delay. 

11 — 4. Except as herein otherwise specially provided, the city ex- 
penditures in any one year shall not be increased over and above the 
amount provided for in the annual appropriation ordinance of that year, 
and no expenditure for any improvement to be paid for out of the 
general fund of the city shall exceed in any one year the amount pro- 
vided for such improvement in the annual appropriation ordinance. 



152 CITIES, VILLAGES AND TOWNS. 



ii — 5. The city council shall have the power at any time to transfer 
any appropriation for any year which may be found to be in excess of 
the amount required for the purpose or object, thereof, to any other 
purposes or objects for which the appropriations are insufficient or 
such as may require the same. 

11 — 6. Except as next hereinafter provided, all appropriations shall 
be made for the ensuing fiscal year only, and shall lapse at the end of 
that year if not then exhausted. 

The city council may by ordinance passed by a majority of all its 
members appropriate and set apart any portion of the revenue of the 
city as a special fund or funds to be maintained for and devoted to 
particular purposes. Moneys thus appropriated and set apart shall not 
lapse into the general fund at the end of the fiscal year as above pro- 
vided, but the city council may by an ordinance passed by a vote of two- 
thirds of all its members transfer and appropriate the said fund or any 
part thereof to any other lawful purpose. 

11 — 7. It shall not be lawful for any department or officer of the 
city to incur or contract any expense unless an appropriation shall have 
been made concerning such expense. 

11 — 8. All contracts which are not to be satisfied and discharged 
out of appropriations previously made, or which create contingent 
liabilities that may accrue at a period later than the current fiscal year, 
shall be entered into only by or under authority of an ordinance 
specifically authorizing any such contract and stating its terms, and 
such ordinance shall be passed only by concurrence of two-thirds of all 
the members elected to the council. 

11 — 9. The city council may, upon recommendation of the mayor, 
by a two-thirds vote of all its members, at any time order any expendi- 
ture the necessity of which is caused by an emergency happening after 
the annual appropriation ordinance has been made. 

11 — 10. No money shall be expended for any celebration, proces- 
sion, ceremony, reception or entertainment of any kind on any occa- 
sion unless by a vote of three-fourths of all the members elected to the 
city council. 

11 — 11. The city council shall have power to reimburse and in- 
demnify any officer or employe of the city for any expenses or for any 
liability incurred by him in the performance of his official duty, or while 
acting in an emergency in the interest of the city and of its inhabitants, 
and to provide for defending any suit or criminal prosecution brought 
against such officer by reason of such alleged liability, but this section 
shall not be construed as imposing any legal liability upon the city 
which would not otherwise exist by law. 

11 — 12. The treasurer of the city of Chicago shall be elected by the 
voters of the city for a term of two years, and during such term shall 
hold no other office under the city government. No person shall be 
eligible to the office of city treasurer for two terms in succession. 

11 — 13. All warrants drawn upon the treasurer must be signed by 
the mayor and countersigned by the comptroller stating the particular 
fund or appropriation to which the same is chargeable, and no money 



CITIES, VILLAGES AND TOWNS. 158 



for the payment of any debt, claim or demand against the city, shall be 
otherwise paid or transferred than upon such warrants so drawn. 

ii — 14. Warrants payable on demand shall be drawn upon the city 
treasurer, or against any fund in his hands, only when at the time of 
the drawing and issuing of such warrants there shall be sufficient money 
in the appropriate fund in the treasury to pay said warrants. 

11 — 15. All moneys received on any special assessment shall be 
held by the treasurer as a special fund, to be applied to the payment of 
the improvement for which the assessment was made, and said money 
shall be used for no other purpose whatever, unless to reimburse the 
city for money expended for such improvement. 

11 — 16. Neither the treasurer nor any other officer of the city of 
Chicago having public funds in his possession or custody shall be en- 
titled to the interest accruing thereon or any part thereof, but such 
interest shall be paid into the city treasury to be applied according to 
law. 

11 — 17. It shall be the duty of the comptroller, at least once in each 
year and not later than the ist of December of each year to advertise 
for bids from all regularly established National and State banks doing 
business in the city for interest upon the money of the city to be de- 
posited in such banks. Such bids shall be reported to the city council 
for its information and consideration not later than December 15th of 
each year to the end that any award or awards may be made upon such 
bids by the city council prior to the end of each fiscal year. Such awards 
shall be made to the highest and best responsible bidder or bidders. 
The city council shall have the power to reject all bids and to designate 
as many depositaries as it deems necessary for the protection of the 
city's interests and accept bids accordingly. No bid shall be accepted 
from any financial institution other than a regularly organized State 
or National bank and no moneys shall be deposited with any bank or 
such award be effective until such depositary shall have delivered to 
the comptroller a bond to the city in such sum and with such sureties 
as the city council shall approve, conditioned in like manner as other 
official bonds given by public officials charged with the custody of 
money. The city council shall have the power to pass all necessary 
ordinance to carry the foregoing provisions into effect and provide rules 
applicable thereto. The city treasurer shall be discharged from respon- 
sibility for all moneys deposited by him in pursuance to order or ordi- 
nance of the city council with any depositaries who may be so named 
and qualified, and in fixing the amount of the bond of the city treasurer 
due regard shall be had by the city council to the effect of any such 
deposits upon the actual amount of money for which the treasurer may 
from time to time be held responsible. When money is once deposited 
in such depository or depositories no check or draft shall be drawn 
against such deposits for the payment of any debt claims or demand 
against the city, unless accompanied by a warrant attached thereto 
drawn in accordance with sections 13 and 14 of this article, a duplicate 
of such warrant to be retained by the treasurer : Provided, however, 
that for the purpose of transferring the city's money from one deposi- 
tory to another a check, payable to such depository and signed by the 



154 CITIES, VILLAGES AND TOWNS. 



city treasurer and countersigned by the city comptroller, need not be 
accompanied by such warrant. Such check shall express thereon that 
it is intended only for the purpose of transferring the city's money 
from one depository to another. 

ii — 18. The treasurer shall keep all moneys belonging to the city 
in his hands separate and distinct from his own moneys, and he is here- 
by expressly prohibited from using, either directly or indirectly, the city 
money or warrants in his custody and keeping, for his own use and 
benefit, or that of any other person or persons whomsover; and any 
violation of this provision shall subject him to immediate removal 
from office by the city council, which is hereby authorized to declare 
said office vacant; and in which case his successor shall be appointed, 
who shall hold his office for the remainder of the term unexpired of 
such officer so removed. 

II — 19. The treasurer shall report to the city council, as often as it 
shall require, a full and detailed account of all receipts and disburse- 
ments of the city as shown by his books up to the time of such report, 
and lie shall annually, between the first and tenth of January, make out 
and file with the comptroller a full and detailed account of all such 
receipts and expenditures and of all his transactions as such treasurer 
during the preceding fiscal year and shall show in such account the 
state of the treasury at the close of the fiscal year. 

11 — 20. It shall be the duty of the collector to preserve all warrants 
which are returned into his hands, and he shall keep such books and his 
accounts in such manner as the city council may prescribe. Such war- 
rants, books, and all papers pertaining to his office, shall at all times 
be open to the inspection of and subject to the examination of the 
mayor, comptroller, any member of the council or committee thereof. 
He shall weekly, and oftener if required by the council, pay over to 
the treasurer all moneys collected by him from any source whatever, 
taking such treasurer's receipt therefor, which receipt he shall imme- 
diately file with the comptroller ; but the comptroller shall, at the time, 
or on demand, give such collector a copy of any such receipt so filed. 

11 — 2.1. The collector shall make a report in writing to the council 
or to any officer designated by the council of all moneys collected by 
him, the account whereon collected, or any other matter in connection 
witli his office, when required by the council, or by any ordinance of the 
city. He shall also, annually, between the first and the tenth day of 
January,- file with the comptroller, a statement of all the moneys col- 
lected by him during the year preceding the particular warrant, special 
assessment or account on which collected, the balance of moneys un- 
collected on all warrants in his hands of any person or corporation in 
his use. the time of the return on all warrants which he shall have re- 
turned during the preceding fiscal year, to the city comptroller. 

11 — 22. The collector is hereby expressly prohibited from keeping 
the moneys of the city in his hands or in the hands of any person or 
corporation in his use, beyond the time which may be prescribed for the 
payment of the same to the treasurer, and any violation of this provision 
shall subject him to immediate removal from office by the mayor. 



CITIES, VILLAGES AND TOWNS. 155 



ii — 23. All the city collector's papers, books, warrants and vouch- 
ers may be examined at any time by the mayor or comptroller, or any 
member of the city council; and the collector shall every week, or 
oftener if the city council so direct, pay over all money collected by him 
from any person or persons, or associations, to the treasurer, taking his 
receipt therefor in duplicate, one of which receipts he shall at once file 
in the office of the comptroller. 

11 — 24. The city council shall prescribe uniform forms of accounts, 
which are to be observed by all departments of the city, which receive 
or disburse moneys. 

ARTICLE XII. 

Revenue. 

12 — 1. The city council of the city of Chicago shall annually, not 
later than the first quarter of the fiscal year, by ordinance, levy a gen- 
eral tax on all real and personal property not exempt from taxation for 
corporate purposes, including general city, school, park, and library- 
purposes, not exceeding in the aggregate, exclusive of the amounts 
levied for the payment of bonded indebtedness and the interest on 
bonded indebtedness five per centum of the assessed value of the taxable 
property within said city as assessed and equalized according to law for 
municipal purposes. The said city council in its annual levy shall 
specify the respective amounts levied for the payment of bonded in- 
debtedness and interest on bonded indebtedness, the amount levied for 
general city purposes, the amount levied for educational purposes, the 
amount levied for school building purposes, the amount levied for park 
purposes and the amount levied for library purposes. A certified copy 
of such ordinance shall be filed in the county clerk's office. The county 
clerk shall extend upon the collector's warrant all of such taxeSj subject 
to the limitation herein contained, in a single column as the city of 
Chicago tax. In case the aggregate amount levied, exclusive of the 
amount levied for the payment of the bonded indebtedness and the 
interest on bonded indebtedness, shall exceed five per centum of such 
assessed value such excess shall be disregarded, and the residue only 
treated as certified for extension. In such case all items in such tax 
levy except those for the payment of bonded indebtedness and the 
interest on bonded indebtedness shall be reduced pro rata. The taxes 
levied shall be collected and enforced in the same manner and by the 
same officers as state and county taxes, and shall be paid over by the 
officers collecting the same to the city treasurer. The city treasurer of 
the city of Chicago shall keep separate funds in conformity to said tax 
levy, which funds shall be paid out by him, upon order of the proper 
authority for the purposes only for which the same were levied. 

12 — 2. The board of education, the board of park commissioners 
and the library board of the city of Chicago shall respectively upon the 
request of the city council prepare and transmit to it, annually, state- 
ments of their receipts and expenditures for the current or preceding 
fiscal year (as the case may be ) stating therein the sources of such 



156 CITIES, VILLAGES AND TOWNS. 



receipts and the several objects or purposes of such expenditures. They 
shall also respectively upon such request prepare and transmit to the 
city council estimates of their expenditures for the ensuing fiscal year 
stating therein the several objects and purposes of such expenditures. 

12 — 3. The city council shall have power to impose a license tax 
upon any trade or business carried on wholly or in part within the city 
limits. 

12 — 4. The city council shall have power to impose a license tax 
upon all wheeled vehicles used upon the streets, alleys or public places 
of the city or any particular class of such vehicles. The net proceeds 
of any such tax or taxes shall be applied exclusively to the repair and 
improvement of the streets and allays of the city. 

12 — 5. Any license tax that has become payable may be collected as 
a debt. The city council may prescribe penalties for the non-payment 
of any license tax. 

12 — 6. All corporations, companies and associations not incorpor- 
ated under the laws of this State, and which are engaged in the city of 
Chicago in effecting fire insurance, shall pay to the treasurer of the city, 
for the maintenance, use and benefit of the fire department thereof, a 
sum not exceeding two per cent of the gross receipts received by their 
agency in the city ; fifty per cent of the amount so collected to be set 
apart and appropriated to the fund for the pensioning of disabled and 
superannuated members of the fire department, and of the widows and 
orphans of deceased members of the fire department. The city may 
prescribe by ordinance the amount of tax or license fee to be fixed, not 
in excess of the above rate, and at that rate such corporations, com- 
panies and associations shall pay upon the amount of all premiums, 
which during the year ending on every first day of July shall have been 
received for any insurance effected or agreed to be effected in the city, 
by or with such corporation, companies or association, respectively. 
Every person who shall act in the city as agent, or otherwise, for or 
on behalf of any such corporation, company or association, shall, on or 
before the 15th day of July of each and every year, render to the city 
comptroller a full, true and just account, verified by his oath, of all the 
premiums which, during the year ending on every first day of July 
preceding such report, shall have been received by him, or any other 
person for him in behalf of any such corporation, company or associa- 
tion, and shall specify in said report the amounts received for fire 
insurance. Such agent shall also pay to the city treasurer, at the time 
of rendering the aforesaid report, the amount of rates fixed by the 
ordinances for which the companies, corporations or associations rep- 
resented by them are severally chargeable by virtue of this Act and the 
ordinance passed in pursuance hereof. If such account be not rendered 
on or before the day herein designated for that purpose, or if said rates 
shall remain unpaid after that day, it shall be unlawful for any cor- 
poration, company or association so in default, to transact any business 
of insurance in the city until the said requisition shall have been fully 
complied with ; but this provision shall not relieve any company, cor- 
poration or association from the payment of any risk that may be taken 
in violation hereof. 



CITIES, VILLAGES AND TOWNS. 157 



12 — 7. Whenever the city is required to levy a tax for the payment 
of any particular debt, appropriation or liability of the same, the tax for 
such purposes shall be included in the total amount levied by the city 
council, and certified to the county clerk as aforesaid ; but the city 
council shall determine, in the ordinance making such levy, what pro- 
portion of such total amount shall be applicable to the payment of such 
particular debt, appropriation or liability ; and the city treasurer shall 
set apart such proportion of the tax collected and paid to him for the 
payment of such particular debt, appropriation or liability, and shall not 
disburse the same for any other purpose until such debt, appropriation 
or liability shall have been discharged. 

ARTICLE XIII. 
Indebtedness. 

13 — 1, The city of Chicago may become indebted for municipal 
purposes to an amount (including its existing indebtedness and the 
indebtedness of the municipal corporations consolidated with the gov- 
ernment of the city and whose indebtedness the city has assumed by 
this charter, and the city's proportionate share of the indebtedness of 
the county of Cook and of the sanitary district of Chicago, which share 
shall be determined as hereinafter provided) in the aggregate not ex- 
ceeding five per centum of the full value of the taxable property within 
its limits as ascertained by the last assessment for municipal purposes 
previous to the incurring of such indebtedness. 

13 — 2. For the purpose of determining such aggregate indebted- 
ness the city's proportionate share in the indebtedness of the county of 
Cook shall bear the same ratio to the entire existing indebtedness of 
the county of Cook as the value of the taxable property within the city 
of Chicago bears to the value of the taxable property in the entire 
county of Cook, as ascertained by the last assessment for municipal and 
county purposes, respectively, previous to the incurring of such in- 
debtedness. The amount of the indebtedness of the county of Cook 
shall upon request of the city comptroller be certified to such comp- 
troller by the county clerk of Cook county under the seal of the board 
of county commissioners. If the city comptroller questions the correct- 
ness of such certificate, the amount of the county's indebtedness may be 
determined summarily by the circuit court of Cook county upon pro- 
ceedings brought by the city against the count}' for that purpose. The 
certificate of the county clerk or the judgment of the circuit court, as 
the case may be, shall be recorded in the office of the recorder of deeds 
of Cook county and the amount thus recorded shall be conclusive as to 
the city's proportionate share in the indebtedness of the county of Cook 
for the purposes herein contemplated. 

13 — 3. For the purpose of determining such aggregate indebted- 
ness, the city's proportionate share in the indebtedness of the sanitary 
district of Chicago shall bear the same ratio to the entire existing in- 
debtedness of the said sanitary district as the value of the taxable 
property of that portion of the city lying within said sanitary district 



158 CITIES, VILLAGES AND TOWNS. 



bears to the value of the whole taxable property in said sanitary dis- 
trict as ascertained by the last assessment for municipal or sanitary 
district purposes, respectively, previous to the incurring of such in- 
debtedness. The amount of indebtedness of the sanitary district shall, 
upon request of the city comptroller, be certified to such comptroller 
by the clerk of the board of trustees of the sanitary district under the 
seal of such board. If the city comptroller questions the correctness of 
such certificate the amounts in dispute may be determined summarily 
by the circuit court of Cook county upon proceedings brought by the 
city of Chicago against the sanitary district for that purpose. The 
certificate of the clerk of the sanitary district or judgment of the circuit 
court, as the case may be, shall be recorded in the office of the recorder 
Gf deeds of Cook county and the amount thus recorded shall be con- 
clusive as to the city's proportionate share in the indebtedness of the 
sanitary district of Chicago for the purposes herein contemplated. 

13 — 4. For the purpose of raising funds or securing any indebted- 
ness, the city council may issue interest-bearing coupon bonds, either 
registered or payable to bearer, or other evidences of indebtedness or 
obligations, pledging the faith and credit of the city for their payment. 
Such issue shall be authorized by ordinance, stating the amount of the 
issue and the purpose or purposes for which said bonds or obligations 
are to be issued. Such bonds or obligations shall be issued in such 
denominations, payable in currency or in gold or silver coin, bearing 
such rate of interest, payable quarterly, semi-annually, not exceeding six 
per cent per annum, and payable at such time or times, not exceeding 
twenty years from the date of issue, and at such place or places and 
with such conditions as to optional payment before maturity, as the 
ordinance authorizing the issue may prescribe. Each such bond or 
obligation shall bear the signature of the mayor and the city comp- 
troller, and if, according to the provisions of this charter the issue of 
which the bond forms a part is authorized only with the consent or 
upon request or application of any particular department of the city, it 
shall also bear upon its face, or have endorsed upon it, a certificate of 
such consent, request or application, bearing the signature (which may 
be engraved or otherwise manifolded in facsimile) of the presiding 
officer of such department, and such certificate shall be conclusive as to 
the fact of such consent, request or application. Bonds or other obli- 
gations shall not be issued at less than par value. 

13 — 5. The city council shall before or at the time of authorizing 
such bond issue, by ordinance provide for the collection of a direct 
annual tax sufficient to pay the interest on such bonds as it falls due, 
and also to pay and discharge the principal thereof at the time such 
principal shall fall due. 

13 — 6. The city shall have the authority, out of any moneys in any 
sinking fund that may be provided for the retirement of such bonds or 
obligations, to purchase in open market any of such bonds or obli- 
gations at the fair market value thereof. 

13 — 7. Except as provided in the section next following, no ordi- 
nance authorizing the issue of bonds or other obligations shall take 
effect unless and until the same shall have been submitted to the voters 



CITIES, VILLAGES AND TOWNS. 159 



of the city and approved by a majority of such voters voting upon the 
question in the manner provided for the submission of questions to 
popular vote. 

13 — 8. Bonds may be issued to refund any existing funded indebt- 
edness without submission to popular vote. 

13 — 9. The failure to comply with any of the requirements herein 
contained with reference to the form or manner of issuing bonds or 
other obligations of the city shall not invalidate any such bond or 
obligation in the hands of a holder for value if the same constitutes 
equitably a charge against the city, or if the same would be valid if 
issued by a private corporation under similar conditions, but upon such 
failure appropriate proceedings may be brought to restrain the issue of 
such bonds or to compel compliance with the law. 

13 — 10. The city council may borrow money, upon warrants for 
municipal purposes ; such moneys to be repaid not later than the end of 
the next fiscal year. Such warrants may bear interest at a rate not 
exceeding six per centum per annum. No money shall be borrowed on 
warrants in any one year, unless all moneys borrowed on warrants in 
any prior year have been fully paid. 

13 — 11. Whenever there is not sufficient money in the city 
treasury available to meet and defray the ordinary and necessary ex- 
penses of the city, it shall be lawful for the city council to provide a 
fund to meet said expenses by issuing and disposing of warrants drawn 
against and in anticipation of any taxes already levied by the city for 
the payment of the ordinary expenses of the city to the extent of 
seventy-five per cent of the total amount of any such tax levied. All 
warrants drawn and issued under the provisions of this section shall 
show upon their face that they are payable solely from said taxes when 
collected and not otherwise, and shall be received by the collector of 
taxes in payment of the taxes against which they are issued, and the 
taxes against which said warrants are drawn shall be set apart and held 
for their payment. 

13 — 12. Every warrant issued under the provision of the preceding 
section shall, unless paid within thirty days after its issuance, bear in- 
terest payable only out of the taxes against which it shall be drawn at 
the rate not exceeding five per cent (as specified in the warrant) per 
annum from the date of its issuance until paid or until notice shall be 
given by publication in a newspaper or otherwise that money for its 
payment is available and that it will be paid on presentation. 

13 — 13. The city of Chicago, by the acceptance of this charter 
assumes the indebtedness of all local governments hereby consolidated 
with it, including bonds issued under statutes intended to apply to par- 
ticular corporate authorities. 

ARTICLE XIV. 

Streets and Public Places. 

14 — 1. The city council shall have power to lay out, establish, open, 
alter, widen, extend, grade, pave or otherwise improve streets, alleys, 



160 CITIES, VILLAGES AND TOWNS. 



avenues, sidewalks and crosswalks, wharfs and other public grounds 
and places, and regulate the use thereof, and shall provide for lighting 
and cleaning the same and for keeping them in repair and free from 
encroachments and obstructions and from offensive matter. 

14 — 2. The city council shall have power to provide for the con- 
struction and repair of bridges, viaducts, subways, tunnels, culverts, 
drains and sewers. 

14 — 3. The city council shall have power, by condemnation or 
otherwise to extend any street, alley or highway over, under or across, 
or to construct any subway or sewer under or through any railroad 
track right of way or land of any railroad company, but where no com- 
pensation is made to such railroad company the city shall restore such 
railroad track, right of way or land to its former state, or in a sufficient 
manner not to have impaired its usefulness. 

14 — 4. The city council shall have power to permit the use of space 
more than twelve feet above the level of the surface of streets, alleys or 
other public places, for private purposes not substantially impairing the 
full, safe and free public use and enjoyment of such streets, alleys or 
public places, upon payment of compensation to the city, to be fixed 
under general ordinance. 

No such permit shall be granted for a term longer than ten years, 
and every such permit shall be subject to earlier revocation by the city 
council at any time. 

This section shall not apply to permits, licenses or grants for public 
utility purposes. 

14 — 5. Any map, plat or subdivision of land shall be submitted for 
approval to the city council or to some officer designated by it, in order 
to secure the conformity of such map, plat or subdivision to the system 
or plan of streets, alleys and public places established by or under 
statute or ordinance, or to any other lawful requirement, and upon 
being approved, shall be entitled to record in the office of the recorder 
of Cook county. 

14 — 6. The city shall have power to deepen, widen, dock, cover, 
wall, alter or change channels of water courses and to acquire, con- 
struct and keep in repair or close up canals, slips, public landing places, 
wharfs, docks and levees, and to collect wharfage and dockage from all 
boats or other craft landing at or using any public landing place, wharf, 
dock or levee, also to establish and maintain ferries. 

14 — 7. The city council may provide for the construction and 
maintenance of outlet sewers, either within or outside of, or partly 
within and partly outside of the limits of the city, into which sewers of 
said city may be emptied and through wmich they may discharge their 
sewage for proper disposition, and for the construction of reservoirs 
and the erection of pumping works, and machinery, within or outside 
the city limits, and for the acquisition by purchase, gift, condemnation 
or otherwise of all real and personal property, rights of way and ease- 
ments within or without the city necessary for the construction and 
maintenance of the outlet sewers and works herebv authorized. 



CITIES, VILLAGES AND TOWNS. 161 



For the purpose of constructing such outlet sewers, rights of way 
may be condemned across or along public highways, or through the 
property of municipalities or other public or private corporations or 
individuals outside of the city limits. Such outlet sewers and the 
works necessary therefor shall be regarded as local and public im- 
provements of the city, but no property outside of the city limits shall 
be taxed or assessed therefor. 

The city may by contract make arrangements with property owners 
outside of the city whereby such property owners may be enabled to 
connect their property with such outlet sewers. 

ARTICLE XV. 

Local Improvements. 

15 — 1. All general laws of the State relating to the subject of local 
improvements applicable to the city of Chicago at the time this charter 
takes effect shall continue in force in said city subject to the provisions 
of this charter. 

Amendments or supplements to such general laws hereafter enacted 
shall, in the absence of an express declaration of legislative intent to 
the contrary, be construed as not applying to the city of Chicago, if 
repugnant to the provisions of this charter of any ordinance passed in 
pursuance thereof. 

15 — 2. Whenever a street or alley shall have been paved after the 
passage of this Act by the General Assembly, and a special assessment 
or special tax therefor shall have been confirmed, and such special 
assessment or tax, or if divided into installments, the first installment 
shall have been certified for collection, not more than fifty (50) per 
cent of the cost of repaving such street or alley at any future time shall 
be imposed upon property by special assessment or special taxation. 

This provision shall not apply if the repaving is petitioned for by the 
owners of the greater portion of the frontage abutting upon the street 
or alley or portion thereof to be repaved, and if such petition contains 
a consent that more that fifty per cent of the cost of repaving may be 
imposed upon property by special assessment or special taxation. 

15 — 3. The city council shall have the power by general ordinance 
passed by a vote of three-fourths of all its members to make provisions 
regarding the time and manner of notices, regarding the number of 
installments into which assessments may be divided, regarding the time 
of payment of assessments and the payment of the interest upon the 
same, also regarding the form, the terms, and conditions of the pay- 
ment of, improvement bonds, and the provisions of any general local 
improvement Act of the State upon any of these subjects shall be 
operative in the city of Chicago only in the absence of any different 
provision upon the same subject made under the power hereby granted. 

15 — 4. If the board of local improvements shall at any time within 
one week after the opening of the bids submitted for the construction 

— 11 L 



162 CITIES, VILLAGES AND TOWNS. 



of any local improvement, decide that such bids are too high and that 
the work can be done by the city itself at a lower price, and shall so 
report to the city council, the city council may, by an ordinance duly 
passed for that purpose, authorize the board of local improvements to 
construct said local improvement and to purchase the materials and 
employ the labor required for such construction and acquire and main- 
tain such plant as may be advisable, in which case the city shall be 
deemed and considered as the successful bidder at a price five per cent 
(5%) below that submitted by that of the lowest responsible bidder. 

If the construction of said improvement costs the city more than 
ninety-five per cent (95%) of such lowest and best bid, such additional 
cost shall be paid by the city out of its general fund. 

If the city shall construct said local improvement at less cost than 95 
per cent of said lowest and best bid, as aforesaid, the amount of the 
saving thus effected shall be credited to the property owners so as- 
sessed, and their respective assessments shall be abated accordingly, in 
accordance with the provisions of sections 84, 92 and 93 of an Act con- 
cerning local improvements, approved June 14, 1897. 

15 — 5. Whenever the making of a local improvement requires the 
exercise of the right of eminent domain and the levying of an assess- 
ment for the payment of compensation to the owners of private prop- 
erty to be taken or damaged for said improvement, such assessment 
may at the discretion of the city council be made payable in one sum or 
in such annual installments not to exceed twenty, as the said city coun- 
cil may, in the ordinance for the making of such improvement and the 
levying of such assessment provide ; and bonds may be issued to antici- 
pate the collection of such assessment in like manner, as near as may 
be, as provided by law for the issuance of bonds to anticipate the col- 
lection of special assessments levied for the payment of the cost of local 
improvements which do not involve the exercise of the right of eminent 
domain. Bonds issued for the purpose of anticipating the collection of 
an assessment to pay the compensation so awarded to the owner of the 
property so taken or damaged, may be sold by the city at not less than 
the par value thereof, and the city may secure the prompt payment at 
maturity of such bonds and interests as provided in the next section. 

15 — 6. The city council may by ordinance provide for the creation 
and maintenance of a special fund, to be used for the prevention of 
default in the payment of any special assessment vouchers and bonds at 
maturity, and may in the annual appropriation ordinance make an up- 
propriation for such purpose. 

15 — 7. Any article, material or process covered by letters patent 
granted by the United States Government, may be prescribed in the 
ordinance for the making of any proposed public improvement, or may 
be provided for in the specifications for any proposed public improve- 
ment where the passage of an ordinance is not required, if prior to the 
passage of such ordinance or the making of such specifications, the 
owner or owners of such patent rights shall agree in writing with the 
city to allow the use of such patent rights, and to sell such article, 
material or process at a uniform stated price, either to such city or to 
any contractor to whom such contract may be awarded for the making 
of such improvement. 



CITIES, VILLAGES AND TOWNS. . 163 



- Provided, however, that when any ordinance or specifications pro- 
vide for the use of any such article, material or process, all bids re- 
ceived for the making of such improvement shall be upon the express 
condition, that the article, material or process specified, can be pro- 
cured at the price and upon the terms mentioned in the agreement 
made by the owner or owners of such patent rights, as above provided 
for : Provided, further, however, that no ordinance shall be passed for 
a pavement, any part of which is covered by letters patent, where the 
same or any part thereof is to be paid for by special assessment, unless 
the owners of a majority of the frontage on any proposed improve- 
ment petition in writing for the same. 

ARTICLE XVI. 

Public Utilities. 

16 — 1. The city of Chicago shall have full power and authority to 
own, maintain and operate within the limits of the city any public 
utility works for the use of the city and the property therein and the 
inhabitants thereof (including street and other intramural railways, 
subways and tunnels, telephone, telegraph, gas and electric lighting, 
heating, refrigerating and power plants), and to fix the rates and 
charges for the services rendered by means of such utilities and for this 
purpose to acquire by purchase, condemnation, construction or other- 
wise whatever property real or personal may be necessary or appro- 
priate, and to lease the same to any person or corporation authorized 
under the laws of the State to operate the same, for the purpose of 
operating the same for any period not longer than twenty years, upon 
such terms and conditions as the city council shall deem for the best 
interests of the public. 

16 — 2. No person or corporation shall have the right to locate, con- 
struct, maintain or operate any public utility (including street and other 
intramural railway, subways and tunnels, telephone, telegraph, gas and 
electric lighting, heating, refrigerating and power plants) in, over, 
under, upon or along the streets, alleys or other public places of the 
city of Chicago without the consent of the corporate authorities of said 
city, which consent may be granted for a period not longer than twenty 
years, upon such terms and conditions as such corporate authorities 
shall deem for the best interests of the public, provided no such con- 
sent shall be granted except on the condition that the person or cor- 
poration to which such consent is given will pay all damages to owners 
of property which they may sustain by reason of the location, construc- 
tion or operation of the same, and for which they may be entitled to 
compensation under the constitution and laws of this State ; and no 
such consent (other than a consent to have industrial or commercial 
establishments connected by side or switch-tracks with railroads for the 
carrying of freight only) for a longer period than five years shall go 
into effect until sixty days after the passage of the ordinance therefor 
by the city council, and if within such sixty days there shall be filed 
with the city clerk of the said city a petition signed by ten per cent of 



164 CITIES, VILLAGES AND TOWNS. 



the : registered voters of the city, as shown by the last preceding election 
for mayor, requesting that the granting of such consent be submitted 
to popular vote, such consent shall not be effective until the question of 
granting such consent shall first have been submitted to popular vote 
at any regular or special election in the city and shall have been ap- 
proved by a majority of those voting thereon. 

16 — 3. Every such grant shall be subject to the [right] of the cor- 
porate authorities of the city to control the use, improvement and repair 
Of such streets, alleys and other public places to the same extent as if 
such grant had not been made, and to make all necessary or appropriate 
police regulations concerning the erection, construction, maintenance, 
use and operation of the property or structure thereby permitted, 
whether such right is reserved in the grant or not, and the right to 
make such regulations whether reserved or not, shall include the right 
to make reasonable regulations of the charges to be made in the oper- 
ation of such public utility. The city shall have no power to grant 
away or limit the subsequent exercises of this right, except that the 
question of reasonableness of any such regulation of charges shall 
always be determined with due regard to the provisions and limitations 
of the grant under which such public utility is -being operated. Any 
right of regulation shall further include the right to require adequate 
service to the public and reasonable extensions of such service and of 
such public utility works. No grant made by the city for any public 
utility shall be leased, assigned or otherwise aliened without the express 
consent of the city and no dealings with the lessee or assign on the part 
of the city, or requiring the performance of any act or payment of any 
compensation by the lessee or assign shall be deemed to operate as such 
consent : Provided, that nothing herein shall be construed to prevent the 
owners of such grant from including it in a mortgage or trust deed 
executed for the purpose of obtaining money for corporate purposes. 

16 — 4. The city council shall have power to require the person or 
corporation owning or operating any public utility within the city to 
make to the city properly verified reports of the character and amount 
of business done by such person or corporation, including the amount 
of receipts from and the expenses of conducting said business, and may 
whenever the interests of the city may require it by resolution passed 
for that purpose authorize the comptroller or a certified public account- 
ant to examine the books of account and records of every person or 
corporation which relate to the conduct of such business, and verify 
the same by an examination of the actual condition of its property. 

16 — 5. The charges fixed by the city for the services rendered by it 
by means of such public utility works by the city shall be high enough 
to produce a revenue sufficient to bear all cost of maintenance and 
operation and to meet interest charges on bonds and certificates issued 
on account thereof, 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. 

: 16" — 6. It shall be lawful for the city to incorporate in any public 
utility grant the reservation of the right on the part of the city to take 
over all or any part of the property, plant, or equipment used in the 



CITIES, VILLAGES AND TOWNS. 165 



operation of such public utility, at or before the expiration of such 
grant, upon such terms and conditions as may be provided in the grant, 
and 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 the 
right to another person or corporation to operate such public utility 
in the streets and parts of streets occupied by its grantee under the 
former grant, the new grantee shall purchase and take over the prop- 
erty located in such streets and parts of streets upon the terms upon 
which the city might have taken it over. 

16 — 7. The city council shall have no power to pass any ordinance 
granting to any person or corporation the right or privilege to lay, 
upon, under or over the surface of any street, alley or public place, any 
railroad track, or pipe for the distribution of inflammable gas for fuel 
or lighting purposes or any wires, on, over, or by which electricity for 
lighting purposes is to be used, conveyed or distributed, except upon 
petition or with the consent of the owners of the land representing 
more than one-half of the frontage of such street, alley or public place, 
or so much thereof as is sought to be used for any of the purposes 
before mentioned; and when the street, alley or public place or part 
thereof sought to be used shall be more than one mile in extent, no 
petition or consent of land owners shall be valid unless the same is 
signed by the owners of the land representing more than one-half of 
the frontage of each mile and of the fraction of a mile, if any, in excess 
of the whole mile, measuring from the initial point named in such 
petition, of such street, alley or public place or of the part thereof 
sought to be used for the purposes above mentioned or either of them. 

Before the city shall itself lay or place any track, rail or structure 
over and upon (but not below the surface of) any street, alley or 
public place for purposes of transportation or the operation of any 
tramway, car line or railroad, it shall itself be required to secure the 
consent of owners as in this section required, subject to all the condi- 
tions and provisions of this section ; but in no other case shall the city 
itself be required to secure such consent for its purposes. 

This section shall not apply to any ordinance by which the city 
council may consent to the use of the streets or alleys of the city by 
the sanitary district of Chicago, for the purpose of conveying heat, light 
or power from any electric power plant owned by such sanitary district. 

16 — 8. The city shall not itself proceed to operate any such public 
utility for the use or benefit of private consumers or users, for hire or 
charge for such consumption or use, unless the proposition to operate 
shall first have been submitted to the electors of the city as a separate 
proposition and approved by a majority of those voting thereon; but 
the city may, without such submission and approval, sell electricity for 
heat, light or power within the limits of the city, generated from any 
electric lighting plant owned and operated by the city for the city's 
own use. 

16 — 9. No ordinance authorizing the lease of any public utility for 
private operation for a longer period than five years, nor any ordinance 
renewing any lease for a period longer than five years, shall go into 
effect until the expiration of sixty days from and after its passage, and 



166 CITIES, VILLAGES AND TOWNS. 



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 preced- 
ing election for mayor in such city asking that such ordinance be sub- 
mitted to popular vote, then such ordinance shall not go into effect 
unless the question of the adoption of such ordinance be submitted to 
the electors of the city and approved by a majority of those voting 
thereon. 

The rental reserved on any such lease shall not be less than a suffi- 
cient sum to meet the annual interest and sinking fund charges upon 
the outstanding bonds and public utility certificates issued by the said 
city on account of such public utility. 

16 — 10. For the purpose of acquiring any such public utility or the 
property necessary or appropriate for the operation thereof either by 
purchase, condemnation or construction, the city may borrow money 
and issue 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 and ten per cent of such cost in addition thereto. 

1 6 — II. In valuing any public utility property for the purpose of 
acquiring the same (except where any street railroad property to be 
acquired was on the first day of July, 1903, operated under then exist- 
ing franchises, or where any other public utility to be acquired is at the 
time of the taking effect of this charter operated under then existing 
franchises) no sum shall be included as the value of any earning power 
of such property, or of the unexpired portion of any franchise granted 
by the city. In acquiring public utility property by condemnation the 
city shall proceed in the manner provided by law for the taking and 
condemning of private property for public use. 

16 — 12. In lieu of issuing bonds pledging the faith and credit of the 
city, as hereinbefore provided, the city may issue and dispose of interest 
bearing certificates, hereinafter called public utility 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 pay- 
able solely out of the revenues or income to be derived from the public 
utility property for the acquisition of which they were used. Such 
certificates shall not be issued and secured on any public utility property 
in an 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 public utility certificates 
and the interest thereon, the city may convey, by way of mortgage or 
deed of trust, any or all of the public utility 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 provided by law for the 
acknowledgment and recording of mortgages of real estate, and may 
contain such provisions and conditions not in conflict with the provi- 
sions of this Act as may be .deemed necessary to fully secure the pay- 
ment of the public utility certificates described therein. Any such mort- 



CITIES, VILLAGES AND TOWNS. 167 



gage or deed of trust may carry the grant of a privilege or right to 
maintain and operate the public utility 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 or charges which the person or corporation securing the same 
as the result of foreclosure proceedings shall be entitled to charge in 
the operation of said property for a period not exceeding twenty (20) 
years. Whenever and as often as default shall be made in the payment 
of any public utility 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 comptroller, it shall be lawful for any such mortgagee, or trustees, 
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 outstanding, to be at once due and payable, and to proceed to 
foreclose such mortgage or deed of trust in any court of competent 
jurisdiction. At a foreclosure sale, the mortgagee or the holders of 
such certificates may become the purchaser or purchasers of the prop- 
erty and the rights and privileges sold, if he or they be the highest 
bidders. Any public utilities 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 inter- 
vention of foreclosure proceedings : Provided, however, that no public 
utility certificates shall ever be issued by the city under the provisions 
of this Act unless and until the question of the adoption of the ordi- 
nance of the city council authorizing for the issue thereof shall first 
have been submitted to a popular vote and approved by a majority of 
the qualified voters of the city voting upon such question. The ques- 
tion shall be submitted in such form as the city council may by ordi- 
nance designate. 

16 — 13. The city, when owning any such public utility, shall keep 
the books of account for such public utility distinct from other city 
accounts and in such manner as to show the true and complete financial 
results of such city ownership, or ownership and operation, as the 
case may be. Such accounts shall be so kept as to show the actual cost 
to such city of the public utility owned; all costs of maintenance, ex- 
tension 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 public utility without charge, the accounts shall show, as nearly 
as possible, the value of such service, and also the value of such similar 
service rendered by the public utility to any other city department with- 
out charge; such accounts shall also show reasonable allowances for 
interest, depreciation and insurance, and also estimates of the amount 
of taxes that would be chargeable against such property if owned by 
a private corporation. The city council shall cause to be printed 



168 CITIES, VILLAGES AND TOWNS. 



annually for public distribution, a report showing the financial results, 
in form as aforesaid, of such city ownership, or ownership and opera- 
tion. The accounts of such public utility, kept as aforesaid, shall be 
examined at least once a year by an expert accountant, who shall report 
to the city council the results of his examination. Such expert account- 
ant 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 public utility, as the city council may 
prescribe. 

1 6 — 14. The city shall have power to acquire, construct, maintain 
and operate or lease for operation, wharves, docks and levees, and in 
connection therewith, elevators, warehouses and vaults, subject to the 
provisions and limitations (other than those regarding frontage con- 
sents) prescribed in this article with regard to public utilities. 

16 — 15. Nothing in this article contained shall be construed to apply 
to waterworks owned and operated by the city of Chicago. 

ARTICLE XVII. 
Water Supply. 

17 — I. The city shall continue to maintain and operate its water 
works and shall have power to extend the same, and may for this pur- 
pose condemn water works privately owned, and the jurisdiction of the 
city for the purpose of preventing or punishing any pollution or injury 
of the sources of its water supply shall extend five miles beyond its cor- 
porate limits, or so far as the source of such may extend. 

17^-2. The city council shall have power to make all needful rules 
and regulations concerning the use of water supplied by the water 
works of the city, and to do all acts and make such rules and regula- 
tions for the construction, completion, management or control of the 
water works, and for the levying and collecting of any water taxes, 
rates or assessments, as the said city council may deem necessary and 
expedient; and such water taxes, rates or assessments may be levied 
or assessed upon any lot or parcel of ground, having a building or 
buildings thereon, which shall abut or join any street, avenue or alley 
in the city through which the distributing pipes of such water works of 
the city are or may be laid, which can be conveniently supplied with 
water from said pipes, whether the water shall be used on such lot or 
parcel of ground or not; and the same, when so levied or assessed, 
shall become a continuing lien or charge upon such lot or parcel of 
ground, building, or buildings, situated thereon, and such lien or charge 
may be collected or enforced in such manner as the city council may 
by ordinance prescribe. And the corporate authorities may levy a gen- 
eral tax for the construction and maintenance of such water works, and 
appropriate money therefor. 

17 — 3. The city council shall have power to prescribe by ordinance 
the maximum rates and charges for the supply of water which in any 
portion of the city may be furnished by any private person or corpor- 
ation for the use of the inhabitants of such portion of the city. 



CITIES, VILLAGES AND TOWNS. W-J 



17 — 4. Whenever there is not sufficient money in the city treasury 
available to meet and defray the ordinary and necessary expenses of the 
water department, it shall be lawful for the city comptroller to provide 
a fund to meet said expenses by issuing and disposing of warrants 
drawn against and in anticipation of any water taxes already levied 
by the city for the payment of the ordinary expenses of said water 
department to the extent of seventy-five per cent of the total amount 
of the water taxes levied. All warrants drawn and issued under the 
provisions of this section shall show upon their face that they are 
payable solely from said water taxes when collected, and not other- 
wise, and shall be received by the collector of water taxes in payment 
for the taxes against which they are issued, and the water taxes 
against which said warrants are drawn shall be set apart and held for 
their payment. 

ARTICLE XVIII. 

Parks. 

18 — 1. The term parks as used in this Act shall be held to include 
all lands improved as parks or held or set apart for future improvement 
as parks or forest preserves, city squares or commons placed under the 
management of the department of parks, structures placed in or on the 
boundary lines of the parks or erected for their protection, such as 
walls and breakwaters, all waters and beaches placed under the control 
of the department of parks, all driveways, boulevards and other streets 
placed under the control of the department of park s; and all other open 
public places used for purposes of recreation or pleasure of the public, 
unless established for the use of any other city department and paid for 
out of funds appropriated for such department, with all appurtenances 
belonging to a fully equipped park system. The terms parks, tity 
parks, or parks of the city, shall include all such lands whether situated 
within or outside of the city limits of the city of Chicago. 

18 — 2. The parks of the city shall be under the management and 
control of a city department of parks, at the head of which there shall 
be a board of park commissioners of the city of Chicago. The depart- 
ment of parks shall take charge of all parks heretofore managed by 
park boards or boards of park commissioners. 

18 — 3. The board of park commissioners shall consist of nine mem- 
bers appointed by the mayor with the consent of two-thirds of all the 
members of the city council. Three of the members of said board shall 
be residents of that portion of the city lying north and east of the Chi- 
cago river ; three members shall be residents of that portion of the city 
lying south and east of the Chicago river, and the three remaining 
members shall be residents of that portion of the city lying west of the 
Chicago river, at the time of their appointment and during their term 
of office. Of the commissioners first appointed one of the members 
from each of said three portions of the city shall be appointed for a 
term of two years, another for a term of four years and a third for a 
term of six years, and upon the expiration of the term of each member 
his successor shall be appointed for a term of six years. 



170 CITIES, VILLAGES AND TOWNS. 



18 — 4. The park commissioners shall serve without compensation. 

18 — 5. The board of park commissioners shall elect a president 
from their own number, who shall hold office for a term of one year. 

The ayes and nays shall be taken and entered on the records of the 
proceedings of the board on all questions involving the expenditure of 
money. 

18—6. The board of park commissioners shall annually, or oftener, 
as required make a report to the city council of the physical and finan- 
cial condition of the parks. 

18 — 7. The board of park commissioners shall have the power to 
appoint or provide for the appointment of all employes that may be 
necessary for the efficient management of the department and to fix 
their compensation subject to the power over appropriations vested in 
the city council. 

18— 8. The city of Chicago shall be vested with all powers hereto- 
fore granted to any park boards or park commissioners whose authority 
is abrogated by this charter and which powers have not heretofore lapsed 
or expired and are not inconsistent with the provisions of this charter ; 
and all powers now existing with regard to any of said parks to enlarge 
the same by reclaiming submerged lands under public waters in this 
State and all powers and rights incidental thereto shall extend to the 
submerged lands under any and all public waters within the jurisdiction 
of or bordering upon the city of Chicago, for the benefit of all present 
and future parks in the city. 

All such powers except as herein otherwise provided shall be exer- 
cised on behalf of the city by the board of park commissioners. 

18 — 9. The city council, upon recommendation of the park com- 
missioners, shall have the power to extend and enlarge the park sys- 
tem of the city of Chicago, both within and outside of the city limits,, 
and the city council, upon such recommendation, shall have the power 
to acquire for park purposes any lands and other rights in real property 
in addition to those now held for the use of parks, whether by gift, 
devise, dedication, purchase or condemnation. 

18 — 10. The city council shall have the power, with the consent of 
the board of park commissioners to select and set apart any street 
or streets of the city or portion thereof for a boulevard or driveway, to 
be placed under the management and control of the board of park com- 
missioners, subject to the power of the city council to authorize the 
laying of sewers and water pipes, and shall also have the power, with 
the consent of said commissioners, to discontinue the use of such 
streets as boulevards and resume control over them as city streets. No 
street or portion thereof shall be changed into a boulevard, nor shall 
any boulevard be changed back into a street without the consent of the 
owners of the greater portion of the frontage of the lots abutting upon 
such street of boulevard portion of street or boulevard. 

The board of park commissioners shall have authority to enter into 
contracts with owners of property abutting upon any boulevard whereby 
such owners in consideration of the location or continuance of such 
boulevard may bind themselves to make annual contributions toward 



CITIES, VILLAGES AND TOWNS. 171 



the maintenance and repair of the same. Such contracts if so provided 
therein, shall operate as covenants running with the land and when 
recorded in the office of the recorder of deeds of Cook county in accord- 
ance with law, the amounts agreed to be paid shall constitute liens upon 
the property to which such contract relates. Any such lien shall expire 
six months from the time when it is recorded, unless before that time 
action is brought to enforce it. 

18 — ii. The city council may, with the consent of two-thirds of all 
the members of the board of park commissioners, discontinue any parks 
or any portion thereof by a vote of three-fourths of its members, and 
may dispose of the lands and property so discontinued for park pur- 
poses in the manner provided by statute for the disposition of other 
city property which ceases to be used for city purposes. This section 
shall not apply to the discontinuance of a boulevard when such boule- 
vard is reconverted into a street. 

Personal property, other than chattels real, belonging to the depart- 
ment and no longer needed for its purposes may be sold under its 
direction. 

18 — 12. The city council may upon the recommendation of the 
board of park commissioners establish by ordinance all needful rules 
and regulations for the government and protection of the public parks. 
Such ordinance may provide for excluding from such park all funeral 
processions, hearses, traffic teams, teaming and all objectionable travel 
and traffic, and may regulate the speed of vehicles in the parks. 

General city ordinances now in force or hereafter enacted shall be 
presumed not to apply to the parks if contrary to any regulation made 
under the authority of this section. 

1 8 — 13. All ordinances, for the violation of which fines are im- 
posed, shall be published in such manner as the board of park commis- 
sioners shall direct, and rules framed in conformity with them shall be 
brought to the notice of the public by being posted in conspicuous 
places in the parks. When such ordinances are printed in book or pam- 
phlet form purporting to be published by authority of the board of 
park commissioners, such book or pamphlet shall be received as evi- 
dence of the passage and publication of such ordinances as of the dates 
therein mentioned in all courts without further proof. 

18 — 14. The mayor and chief of police, upon the requisition of the 
board of park commissioners, shall, from time to time, detail to the ser- 
vice of the department of parks, for the enforcement of the park or- 
dinances, and for the maintenance of good order in the parks, so many 
suitable officers and men as are necessary. Such officers and men shall 
continue to be in all respects an integral part of the police force of the 
city, and shall be paid out of the funds appropriated for the support 
of the police department. These officers and men shall constitute the 
park police so long as their detail lasts and shall report to the board 
of park commissioners. The said park commissioners may report back 
to the police department for punishment any member of said park 
police force guilty of any breach of orders or discipline or of neglect- 
ing his duty, and thereupon the chief of police may detail another 



172 CITIES, VILLAGES AND TOWNS. 



officer or man in his place, and the discipline of said members of the 
park police shall be in the jurisdiction of the police department, but 
at any time the park commissioners may object to the inefficiency of 
any member of said park police serving in any park, and thereupon 
another officer or man may be detailed in his place. The officers and 
men now members of the park police of the several parks hereby con- 
solidated shall have credit, under the pension laws, for the time thereto- 
fore served, subject to such payment as the pension commissioners 
shall deem just. 

18 — 15. The board of park commissioners shall have full power to 
manage and control, improve, maintain and beautify the parks of the 
city. 

18 — 16. The cost of the first establishment of any park may be met 
by general taxation, or by special taxation, or by special assessment, or 
by a combination of special with general taxation, or of special assess- 
ment with general taxation, or otherwise, as the city council, upon 
recommendation of the board of park commissioners shall by ordinance 
determine. The provision of the statutes governing the making of local 
improvements in the city shall be as nearly as possible applied to the 
proceedings for the taking of lands and the meeting of the expenses 
in connection with such improvements, except that the board of park 
commissioners shall act in place of the board of local improvements.: 

The cost of maintenance and repair shall not be met by special taxa- 
tion or special assessment. 

18 — 17. Any work to be done by or under the direction of the de- 
partment of parks the cost of which is not met in whole or in part by 
special assessment or special taxation, may be done at the option of 
the board of park commissioners either directly through the employes 
of the department and other laborers hired for the purpose, or by the 
contract entered into for that purpose, subject to the rules established 
by general city ordinance governing the giving out of contracts for 
work to be done for the city or any of its departments, or partly by 
the one method and partly by the other. 

18 — 18. The board of park commissioners may, with the consent of 
the city council, purchase, erect and maintain within any public park' 
any museum, art institute or library, or permit any museum, art in- 
stitute or library established for public use by private endowment to be 
erected and maintained within any public park. 

An admission fee, not to exceed twenty-five cents for each visitor 
over ten years of age, may be charged or be permitted to be charged 
for visiting any such museum or art institute, provided that all such 
museums and institutes 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 city on every day. 

Any arrangement or agreements existing at the time this charter shall 
take effect with any museum, art institute or library that shall be now 
located or authorized to be located in any park shall not be impaired 
or affected by the provisions of this charter. 

Where any power has heretofore been granted by statute to any 
board of park commissioners to levy taxes for the support of anv 



CITIES, VILLAGES AND TOWNS. 17H 



museum or museums of art, sciences or natural history, located and 
maintained or authorized to be located and maintained in any public 
park, the city council may on request of the board of park commission- 
ers, appropriate and include in the levy of taxes for park purposes, a 
tax on each dollar of taxable property, not to exceed that named in the 
statute conferring such power upon said board of park commissioners, 
for the same purpose or purposes, subject to the provisions of this 
Charter upon the subject of taxation and revenue. 

If any owner of land abutting upon any park, or adjacent thereto, 
have any easement or property right in such park appurtenant to his 
land which would be interfered with by placing any museum, art insti- 
tute or library within the park, or any right to have such park remain 
open and free from buildings, such easement or right may be condemned 
in accordance with the provisions of the statutes regulating the exer- 
cise of the power of eminent domain. 

18 — 19. All appropriations, tax levies or bond issues for the use 
oi parks shall be made by the city council in accordance with the 
general provisions of this charter, except that no such appropriation, 
tax levy or bond issue shall be made otherwise than upon request or 
application of the board of park commissioners. The proceeds of any 
tax levied or bonds issued for the use of parks shall be kept as a 
separate fund by the city treasurer and shall be paid out only under 
the direction or upon orders of the board of park commissioners. All 
warrants upon which funds are to be paid out shall bear the signature 
of the president of the board of park commissioners in addition to the 
signature of the mayor and city comptroller. 

18 — 20. The board of park commissioners shall have charge and 
control of all public monuments within the city and shall have power 
to make regulations tending to their preservation and to prevent their 
defacement, in the same manner and with the same effect as it may 
make ordinances for the protection of the public parks. 

18 — 21. The board of park commissioners, with the consent of 
the city council, shall have power by agreement with private owners 
to undertake the preservation and the care in whole or in part of 
places in private ownership, the use of which is thrown open to the 
public, or of places of historic interest, and to mark the same by 
appropriate memorial tablets and inscriptions, which shall be regarded 
a« public monuments. 

18 — 22. The art commission, so long as the same shall be main- 
tained by the city council, shall consist of the mayor, the chief officer 
of the principal art institute of the city, the president of the board 
of park commissioners and three other members, residents of the 
city, to be appointed by the mayor. One of the said three members 
shall be a painter, one a sculptor and one an architect. 

18 — 23. Upon the expiration of the term of office of each of the 
present members appointed by the mayor, his successor shall be 
appointed for a term of three years. All appointments to fill vacan- 
cies shall be for the unexpired term. 



174 CITIES, VILLAGES AND TOWNS. 



1 8 — 24. The commission shall serve without compensation as such, 
and shall elect a president and secretary from its own members, whose 
term of office shall be one year and until their successors are elected 
and qualified. 

The commission shalll have power to adopt its own rules of pro- 
cedure. Five commissioners shall constitute a quorum. 

18 — 25. Suitable offices shall be provided for the commission by 
the city council of the city, and the expenses of the commission shall 
be paid by appropriation made therefor by said city council annually. 

18 — 26. Hereafter no work of art shall become the property of 
such city by purchase, gift or otherwise, unless such work of art, 
or a design of the same, together with a statement of the proposed 
location of such work of art, shall first have been submitted to and 
approved by the commission; nor shall such work of art until so 
approved be erected or placed in or upon, or allowed to extend over 
or upon any street, avenue, square, common, municipal building or 
other place belonging to such city, or any park, boulevard or public 
ground situated within the limits of such city. The commission 
may, when the [they] deem proper, also require a complete model of the 
proposed work of art to be submitted. The term "work of art," as 
used in this connection, shall apply to and include all paintings, mural 
decorations, stained glass, statues, bas reliefs or other sculptures, orna- 
ments, fountains, images or other structures of a permanent character 
intended for ornament or commemoration. The term municipal build- 
ing, as used in this connection, shall include all public schools and all 
buildings or portions thereof, and all grounds used for school purposes 
in such city. No existing work of art in the possession of the city, or 
in any parks, boulevards, public grounds, school buildings or school 
grounds aforesaid, shall be removed, re-located or altered in any 
way without the similar approval of the commission, except as pro- 
vided in section 28 of this article. When so requested by the mayor 
or the city council the commission shall act in a similar capacity with 
similar powers in respect of designs of buildings, bridges, approaches, 
gates, fences, lamps or other structures erected or to be erected upon 
land belonging to the city or a part of any of the parks, public grounds 
or boulevards within the limits of such city, and in respect of the lines, 
grades and platting of the public ways and grounds, and in respect of 
the arches, bridges, structures and approaches which are the property 
of any corporation or private individual, and which shall extend over 
and upon any street, avenue, highway, boulevard, park or other public 
places belonging to or within the limits of the city. 

But this section shall not be construed as impairing the power of any 
park board to refuse its consent to the erection or acceptance of public 
monuments or memorials or other works of art or structures of any 
sort within any park, boulevard or other public ground under their 
control in such city. 

18 — 27. If the commission shall fail to decide upon any matter 
submitted to it within sixty days after such submission, its decision 
shall be deemed unnecessary. 



CITIES, VILLAGES AND TOWNS. 175 



18 — 28. In case the removal or re-location of any existing work of 
art, or other matter, which would, under the provisions of section 26 
of this article, be within the control of the art commission, shall be 
deemed necessary by those empowered to cause such removal or 
re-location, the commission shall, within forty-eight hours after notice, 
approve or disapprove of such removal or re-location, and in case of 
their failure so to act within forty-eight hours after the receipt of 
such notice, they shall be deemed to have approved of such removal 
or re-location. 

ARTICLE XIX. 

Department of Education. 

19 — 1. The city of Chicago shall constitute one school district, and 
shall maintain a thorough and efficient system of free schools whereby 
the children of the city may receive a good common school education. 
The public school system shall be a department of the city govern- 
ment, to be known as the department of education, at the head of which 
there shall be a board of education, and no power by this charter vested 
in the board of education or in any officer of the department shall be 
exercised by the city council except as by this charter provided. 

19 — 2. From and after the taking effect of this Act, the board of 
education shall consist of fifteen members, to be appointed by the 
mayor with the approval of the city council, five of whom shall be 
appointed for the term of one year, five for the term of two years and 
five for the term of three years. At the expiration of the term of any 
member of said board of education, his successor shall be appointed 
in like manner and all members thus appointed and their successors shall 
hold their office for the term of three years from the. 1st day of May 
of the year in which they are appointed. Any vacancy which may 
occur in the membership of said board of education shall be filled 
through appointment by the mayor with the approval of the city 
council for the unexpired term. If any person so appointed shall fail 
to qualify within thirty days after his appointment, the office shall be 
filled by a new appointment for the unexpired term. Members of the 
board of education shall serve without compensation. 

Any member of the board of education may be removed by the 
mayor upon proof either of official misconduct in office or of neglect 
of official duty, or of misconduct in any way connected with his official 
duties, or otherwise, which tends to discredit his office or the school 
system, or for mental or physical inability to perform his duty as a 
member, but before the removal of such a member he shall receive a 
timely notice in writing of the charges and a copy thereof and shall 
be entitled to a hearing on like notice before the mayor and to the assist- 
ance of counsel on said hearing, 

19 — 3. To be eligible for appointment to the board a person shall 
be at least 25 years of age, a citizen of the United States and shall 
have been a resident of the city of Chicago for at least five years 
immediately preceding his or her appointment. 



176 CITIES, VILLAGES AND TOWNS. 



19-^-4. Members of the board of education shall not while serving 
as such members, hold any other public office under the Federal, State 
or any local government, other than that of notary public or member 
of the national guard; but by accepting any such public office while 
members of the board of education, or by not resigning any such 
office held at the time of being appointed to the board of education 
within thirty days after such appointment, shall be deemed to have 
vacated their membership in such board. 

19 — 5. No member of the board of education and no member of 
the department of education shall be interested in the sale, proceeds 
or profit of any books, apparatus, furniture, supplies or other prop- 
erty, real or personal used or to be used in, or in connection with, any 
of the public schools of the city. Any member of such board or 
department violating the provision of this section shall, upon convic- 
tion thereof, pay a fine in a sum of not less than $25.00 nor more than 
$500.00, and may be imprisoned in the county jail or house of correc- 
tion for not less than one nor more than twelve months, in the dis- 
cretion of the court. 

19—6. Rules of the board of education shall be enacted or changed, 
moneys appropriated or expended, salaries fixed or changed, courses 
of instruction adopted or changed only at regular meetings of the 
board of education and by a vote of a majority of the full member- 
ship of the board, and upon such proposition and upon all proposi- 
tions requiring for their adoption at least a majority of all the mem- 
bers of the board, the ayes and nays shall be taken and recorded. 

19 — 7. The board of education shall elect annually from its own 
number a president and vice president, in such manner and at such 
time after the yearly appointment of new members, and not later than 
the second regular meeting of the board after such appointment, as 
the board may determine by its rules. The president shall preside at 
the meetings of the board and shall have the same power to vote at 
such meetings as any other member, but shall not have the power 
of veto. He shall exercise a general superintendence over the affairs 
of the board and shall perform such duties as may be imposed upon 
him by the rules of the board. The vice president shall perform the 
duties of the president in case of the president's absence or inability 
to act, and shall perform such other duties as may be imposed upon 
him by the rules of the board. 

19 — 8. The board of education shall by a vote of a majority of the 
full membership of the board, appoint as executive officers a superin- 
tendent of education, a business manger and a secretary, and may 
also appoint or provide for the appointment of such other officers and 
employes as it may deem necessary. 

19, — 9. The board shall, subject to the provisions of this charter, 
prescribe the duties, compensation and terms of office of all offi- 
cers, but the term of office of no such officer shall exceed four years 
and the salary of no officer shall be lowered during his term of office, 
either by the board or by the city council, except by a pro rata reduction 
lhat may be necessary in case of a general reduction affecting all 



CITIES, VILLAGES AND TOWNS. 177 



employes. The board shall also prescribe the duties and compensa- 
tion of all employes of the department. It may prescribe which of its 
officers or employes shall give bond and in what amount. 

19 — 10. The appointment and removal of the superintendent of 
education and business manager and of the attorney and auditor (if 
any such officers shall be appointed) shall not be subject to the civil 
service law, but such officers shall be removable only for cause by 
vote of not less than a majority of all the members of the board upon 
written charges to be heard by the board upon due notice to the offi- 
cers against whom they are preferred, but pending the hearing of such 
charges the officer charged may by a two-thirds vote be suspended 
by the board. 

19, — 11. All appointments of employes of the board of education, 
except as herein otherwise provided, shall be made in pursuance of the 
provisions of the civil service law, and no employe shall be removed 
except for cause, upon written charges, which shall be investigated and 
determined by the board of education, whose action and decision in 
the matter shall be final, when approved by the civil service commis- 
sion. 

Teachers shall for this purpose not be held to be employes. 

19 — 12. The title of all property, real and personal, held for the 
use or benefit of schools shall be vested in the city of Chicago, in trust 
for the use of the schools. 

19 — 13. The board of education may, with the concurrence of the 
city council, to be manifested by the passage of an ordinance for that 
purpose, acquire by purchase, condemnation or otherwise, real estate 
fof school purposes, including school buildings, play grounds and 
offices for the board of education. Condemnation proceedings for the 
purpose of acquiring such property shall be conducted in the name 
of the city of Chicago for the use of the schools. 

19 — 14. The board of education may rent buildings, rooms or 
grounds, or for the use of schools, or for the purpose of school ad- 
ministration, but it shall not take any lease or renewal thereof for a 
term longer than five years without the concurrence of the city council, 
nor alter the provisions of any lease heretofore or hereafter made 
whose unexpired term may exceed five years, without such concur- 
rence. 

19 — 15. The board of education shall have the power to let school 
property on leasehold for a term not longer than ninety-nine years 
from the date of granting the lease ; but it shall not make or renew 
any lease for a term longer than five years without the concurrence 
of the city council, nor alter the provisions of any lease heretofore 
or hereafter made whose unexpired term may exceed five years, with- 
out such concurrence. 

19 — 16. The board of education may grant the use of assembly 
halls and class rooms when not otherwise needed, including light, heat 
and attendance, for public lectures, concerts and other educational 
and social interests, free of charge, but under such provisions and 
control as the board may see fit. 

— 12 L 



178 CITIES. VILLAGES AND TOWNS. 



19 — 17. No sale of real property used for school purposes or held 
in trust for the schools shall be made by the city council except upon 
written request of the board of education. Personal property other 
than chattels real belonging to the department and no longer needed 
for its purposes may be sold under its direction. 

19 — 18. All moneys raised by taxation for school purposes or 
received from the State common school fund or from any other source 
for school purposes, shall be held by the city treasurer as a separate 
fund, for school purposes, subject to the order of the board of educa- 
tion upon a warrant of its president, to be countersigned by the mayor 
and city comptroller. 

19 — 19. Investment of school funds shall only be made in govern- 
ment, State or municipal securities. 

19 — 20. The mayor shall as often as yearly, and may as often as 
semi-annually, appoint certified public accountants to examine and 
audit the accounts of the board of education, and a report thereof, 
together with any recommendations of such accountants as to changes 
in the business methods of the board or any of its departments, officers 
or employes, shall be made to the .mayor, the city council and the 
board of education and be spread upon the records of the latter. The 
expense of such audit shall be paid by the board. 

19 — 21. The board of education shall make an annual report to 
the city council. 

19 — 22. The board of education shall exercise general supervision 
and management of the public education and the public school system 
of the city of Chicago and shall have power to make suitable provi- 
sion for the establishment and maintenance throughout the year or for 
such portion of the year as it may direct of schools of all grades and 
kinds, including normal schools, night schools, schools for defectives 
and delinquents, parental or truant schools, schools for the blind, the 
deaf and the crippled, schools or classes in manual training, construc- 
tional and avocational teaching, domestic arts and physical culture, 
vacation and extension schools and lecture courses and all other educa- 
tional institutions and facilities. It shall have power to co-operate 
with the juvenile court and to make arrangements with the public 
or quasi-public libraries and museums for the purpose of extending 
the privilege of such libraries and museums to attendants of schools 
and the public in the neighborhood of the schools. 

19 — 23. The board of education shall establish by-laws, rules and 
regulations for the proper maintenance of a uniform system of dis- 
cipline and management of the schools, and may fix the school age of 
pupils, which in kindergarten schools shall not be under 4 years and 
in the grade schools shall not be under 6 years. 

It shall have the power to expel any pupil who shall be guilty of 
gross disobedience or misconduct. 

19 — 24. The board of education shall have continuing power to 
divide the city into sub-districts and apportion the pupils to the 
several schools, but no pupil shall be excluded from nor segregated 
in any such school on account of his or her race, color or nationality. 



CITIES, VILLAGES AND TOWNS. 179 



19 — 25. The board of education shall have power to prescribe the 
courses and methods of studies in the various schools, subject to the 
general laws of the State. 

19 — 26. The specification of the powers herein granted is not to be 
construed as exclusive, but the board of education shall exercise all 
powers that may be requisite or appropriate for the maintenance and 
fullest development of an efficient public school system. 

19 — 27. The superintendent of education shall have general super- 
vision, subject to the board, of the courses of study, text books, edu- 
cational apparatus, discipline and conduct of the schools, and shall 
perform such other duties as the board may by rule prescribe. 

Appointments, promotions and transfers of teachers, principals and 
assistant and district superintendents and other educational officers 
shall be made, and text books and educational apparatus shall be 
introduced by the board of education only upon his recommendation, 
unless it be by a two-thirds vote of all the members of the board. 
Text books shall not be changed oftener than once in four years. 

19 — 28. The superintendent of education shall have a seat in the 
board of education, but no vote. 

19—29. The business manager shall have the general care and 
supervision of the property and routine business of the department of 
education. In matters affecting the general policy of his administra- 
tion he shall be subject to the direction of the board. He shall, with 
the concurrence of the board of education, appoint his subordinates. 

The board of education shall maintain a bureau of buildings and 
construction, which shall have charge of the erection, construction, 
alteration and repair of all buildings under the control of the board of 
education. The board of education shall, subject to the provisions of 
the civil service law, appoint a chief architect, who shall be at the 
head of the bureau of buildings and construction, and also a chief 
engineer, who shall have charge of the matters relating to the heat- 
ing, ventilating and sanitation of buildings. The architect and chief 
engineer shall be removed only in pursuance of the provisions of the 
civil service law. They shall be subject to the general direction of the 
business manager. 

19 — 30. The board of education shall examine all persons offering 
themselves as candidates for teachers, and when found well qualified 
shall give them certificates gratuitously. Appointments and promo- 
tions of teachers and principals shall be made for merit only, and 
after satisfactory service for a probationary period of three years ap- 
pointments of teachers and principals shall become permanent, subject 
to the rules of the board concerning conduct and efficiency, and sub- 
ject to removal for cause upon written charges after a hearing before 
the board of education or a committee appointed by the board ; but 
the board need not retain in service more principals or teachers than 
in its judgment the needs of the school require. 

19 — 31. The board of education shall have the power, subject to 
the power over appropriation vested in the city council, to prescribe 
the compensation of teachers and other educational officers. Such 
compensation shall be payable monthly. 



180 CITIES, VILLAGES AND TOWNS. 



19 — 32. The provisions of this Act regarding education shall con- 
stitute a part of the law intended to provide for the city of Chicago a 
system of free schools, and shall be construed in connection with the 
general school law of the State. Except as by this Act modified, the 
provisions of the general school law shall apply to the city of Chicago, 
and for the purpose of sharing in the distribution of the common school 
fund and other distributive funds, the schools of the city shall be 
deemed to be kept in accordance with the provisions of said law. 

ARTICLE XX. 

Compulsory Education. 

20 — 1. Every person having control of any child between the ages 
of 7 and 16 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 no 
days of actual teaching: Provided, this requirement shall not apply 
to 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 to any child whose physical 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 such child attends, or to any female child of the 
age of 14 years and upwards whose services are required in her 
home and who is on that account excused from attendance by the 
board of education or by the superintendent or the principal of the 
parochial school which she has been attending before being so excused, 
or to any child of the age of 14 years and upwards while such child is 
in good faith engaged in regular lawful employment which occupies 
him or her regularly not less than five hours daily for not less than 
five days in each week. 

20 — 2. Every person or corporation employing a child of the age 
of 14 years and upwards, and under the age of 16, shall forthwith 
report such employment to the board of education, together with the 
number of days in the week and the number of hours in the day during 
which such child will be regularly employed, and also such other par- 
ticulars as the board of education may prescribe. When the employer 
ceases to employ such child regularly for the period of time above 
stated, he shall report the fact to the board of education. 

The board of education shall keep blank forms of notices and reports 
at convenient places throughout the city for free distribution. 

The board of education shall keep on file in its office copies of all 
age and school certificates issued by it, and shall also procure and 
place on file copies of the age „and school certificates issued bv super- 
intendents or principals of parochial schools and filed in duplicate 
in the office of the State Factory Inspector. 

20 — 3. Any person violating any duty imposed upon him by the two 
foregoing sections, and any person who, for the purpose of evading 
the provisions of said sections, shall make false statement concerning" 



CITIES, VILLAGES AND TOWNS. 1H] 



the age of any child or regarding the time such child has attended 
school, or concerning the fact or time or continuance of the employment 
of such child, shall be fined a sum not exceeding $20.00 for any one 
offense. Such fine shall be paid into the city treasury for the use of the 
department of education. 

20 — 4. The board of education shall appoint one or more truant 
officers subject to the civil service rules, whose duty it shall be to re- 
port all violations of the law regarding compulsory school attendance 
to the board of education, and to enter complaint against and prosecute 
all persons who shall appear to be guilty of any violation of such 
law. It shall be the duty of said truant officers to arrest any child of 
school going age that habitually haunts public places and has no lawful 
occupation, and also any truant child who absents himself or herself 
from school without being lawfully excused as aforesaid, and to place 
him or her in charge of the teacher or principal having charge of any 
school which said child is by law entitled to attend, and which school 
shall be designated to said officer by the parent, guardian or person 
having control of said child. In case such parent, guardian or person 
shall designate a school without making or having made arrangements 
for the reception of said child in the school so designated, or in case 
he refuses or fails to designate any school, then such truant officer 
shall place such child in charge of the principal of a public school. 
And it shall be the duty of said principal to assign said child to the 
proper class, and to instruct him or her in such studies as he or she is 
fitted to pursue. The truant officer so appointed shall be entitled to 
such compensation for services rendered under this Act as shall be 
determined by the board of education, and which compensation shall be 
paid out of the distributable school fund : Provided, that nothing herein 
contained shall prevent the parent, guardian or person having charge 
of such truant child, which has been placed in any school by the truant 
officer, to thereafter send said child to any other school which said 
child is by law entitled to attend. 

20 — 5. Any child of compulsory school age who is habitually truant 
may be committed to a parental school in the manner hereinafter pro- 
vided. Parental schools shall not be erected at or near any penal 
institution. 

20 — 6. It shall be the duty of any truant officer or agent of such 
board of education to petition, and any reputable citizen of the city 
may petition, the county or circuit court of the county, to inquire into 
the case of any child of compulsory school age who is not attending 
school, and who has been guilty of habitual truancy, or of persistent 
violation of the rules of the public school, and the petition shall also 
state the names, if known, of the father and mother of such child, 
or the survivor of them ; and if neither father or mother of such child 
is living, or can not be found in the county, or if their names can not 
be ascertained, then the name of the guardian if there be one known; 
and if there be a parent living whose name can be ascertained, or a 
guardian, the petition shall show whether or not the father or mother 
or guardian consents to the commitment of such child to such parental 
or truant school. Such petition shall be verified by oath upon the be- 



182 CITIES. VILLAGES AND TOWNS. 



lief of the petitioner, and upon being filed the judge of the county or 
circuit court shall have such child named in the petition brought before 
him for the purpose of determining the application in said petition 
contained. But no child shall be committed to such school who has 
ever been convicted of any offense punishable by confinement in any 
penal institution. 

20 — 7. Upon the filing of such petition the clerk of the court shall 
issue a writ to the sheriff of the county directing him to bring such 
child before the court; and if the court shall find that the material 
facts set forth in the petition are true, and if, in the opinion of the court, 
such child is a fit person to be committed to such parental or truant 
school, an order shall be entered that such child be committed to such 
parental or truant school, to be kept there until he or she arrives at the 
age of fourteen years, unless sooner discharged in the manner herein- 
after set forth. Before the hearing aforesaid, notice in writing shall 
be given to the parent or guardian of such child, if known, of the pro- 
ceedings about to be instituted, that he or she may appear and resist 
the same, if they so desire. 

20 — 8. It shall be the duty of the parent or guardian of any child 
committed to this school to provide suitable clothing upon his or her 
entry into such school, and from time to time thereafter as it may be 
needed, upon notice in writing from the superintendent or other proper 
officer of the school. In case any parent or guardian shall refuse or 
neglect to furnish such clothing, the same may be provided by the 
board of education, and such board may have an action against such 
parent or guardian of said child to recover the cost of such clothing, 
with ten per cent additional thereto. 

20 — 9. No religious instruction shall be given in said school except 
such as is allowed by law to be given in public schools ; but the board 
of education shall make suitable regulation so that the inmates may re- 
ceive religious training in accordance with the belief of the parents 
of such children, either by allowing religious services to be held in the 
institution or by arranging for attendance at public service elsewhere. 

20 — 10. The board of education shall have power to establish rules 
and regulations under which children committed to such parental or 
truant school may be allowed to return home upon parole, but to re- 
main while upon parole in the legal custody and under control of the 
officers and agents of such school, and subject at any time to be taken 
back within the enclosure of such school by the superintendent or any 
authorized officer of said school, except as hereinafter provided; and 
full power to enforce such rules and regulations to retake any such 
child so upon parole is hereby conferred upon such board of education. 
No child shall be released upon parole in less than four weeks from the 
time of his or her commitment, nor thereafter until the superintendent 
of such parental or truant school shall have become satisfied from the 
conduct of such child that, if paroled, he or she will attend regularly 
the public or private school to which he or she may be sent by his or 
her parents or guardian, and shall so certify to the board of education. 



CITIES, VILLAGES AND TOWNS. 183 



20 — 11. It shall be the duty of the principal or other person having 
charge of the school to which such child so released on parole may be 
sent, to report at least once each month to the superintendent of the 
parental or truant school, stating whether or not such child attends 
school regularly, and obeys the rules and requirements of said school ; 
and if such child so released upon parole shall be regular in his or her 
attendance at school and his or her conduct as a pupil shall be satis- 
factory for a period of one year from the date when he or she was 
released, on parole, he or she shall then be finally discharged from the 
parental or truant school, and shall not be recommitted thereto except 
on petition as hereinbefore provided. 

20 — 12. In case any child released from said school upon parole, 
as hereinbefore provided, shall violate the conditions of his or . her 
parole at any time within one year thereafter, he or she shall upon the 
order of the board of education, as hereinbefore provided, be taken back 
to such parental or truant school, and shall not be again released upon 
parole within the period of three months from the date of such re- 
entering; and if he or she shall violate the conditions of a second parole. 
he or she shall be recommitted to such parental or truant school and 
shall not be released therefrom on parole until he or she shall remain 
in such school at least one year. 

20 — 13. In any case where a child is found to be incorrigible and 
his or her influence in such school to be detrimental to the interests 
of the other pupils, the board of education may authorize the superin- 
tendent or any officer of the school to represent these facts to the cir- 
cuit or county court by petition ; and the court shall have authority to 
commit said child to some juvenile reformatory. 

ARTICLE XXI. . 

The Public Library. 

21 — 1. The public library of the city of Chicago shall be managed 
by a library board of nine directors, who shall be appointed by the 
mayor, with the approval of the city council, and who shall serve with- 
out compensation. 

21 — 2. The directors of the public library holding office at the time 
this charter takes effect shall continue in office until the expiration of 
their respective terms. The successors of the three directors whose 
term of office expires within one year after this charter takes effect 
shall be appointed for a term of two years ; the successors of the three 
directors whose term expires within the next year following shall be 
appointed for a term of three years, and the successors of the three di- 
rectors whose term expires within one year thereafter (having been in 
office when this charter takes effect, or having been appointed to fill 
vacancies in the places of directors who shall have been then in office) 
shall be appointed for a term of four years, and upon the expiration 
of the term of each director appointed under this charter his successor 
shall be appointed for a term of six years. 



184 CITIES, VILLAGES AND TOWNS. 



21 — 3. The library board shall have power to elect one of its number 
as president and may provide for such other officers as they may deem 
necessary. It shall make and adopt by-laws, rules and regulations not 
inconsistent with law for its own guidance and for the government of 
the library and reading rooms, as may be expedient. It shall have ex- 
clusive control of the expenditure of all moneys collected to the credit 
of the library fund, of the construction of any library buildings, and of 
the supervision, care and custody of the grounds, rooms or buildings 
constructed, leased or set apart for that purpose. All moneys received 
for the use of the library shall be deposited in the city treasury to the 
credit of the library fund and shall be kept separate and apart from 
other moneys of the city and shall be drawn upon only by warrants 
signed by the mayor and city comptroller and the president of the 
library board. 

21 — 4. The library board shall have power to establish branch 
libraries and reading rooms within the city. It shall have power to ap- 
point or make provisions for the appointment of a librarian and sec- 
retary and other suitable employes, and all employes, except the chief 
librarian and secretary, shall be subject to the civil service law. 

21 — 5. The library and its reading rooms shall be forever free to 
the use of the inhabitants of the city, subject to such reasonable rules 
and regulations as the library board may adopt in order to render the 
use of such library and reading rooms of the greatest benefit to the 
greatest number, and the board may exclude from the use of the li- 
brary and reading rooms any persons who shall wilfully violate such 
rules. The board may extend the privileges of the use of the library 
and reading rooms to persons residing outside of the city upon such 
terms and conditions as said board may from time to time by its regu- 
lations prescribe. 

21 — 6. The said library board shall in connection with its annual 
report to the city council, state the condition of its trust, the number of 
books and periodicals on hand, the number added by purchase, gift, or 
otherwise, during the year, the number lost or missing, the number of 
visitors attending, the number of books loaned out, and the general 
character and kind of such books ; with such other statistics, informa- 
tion and suggestions as it may deem of general interest. All such 
portions of said report as relate to the receipt and expenditure of 
money, as well as the number of books on hand, books lost or missing, 
and books purchased, shall be verified by affidavit. 

21 — 7. The city council shall have power to pass ordinances impos- 
ing suitable penalties for the punishment of persons committing injury 
upon such library or the grounds or other property thereof, and for 
injury to or failure to return any book belonging to such library. 

21 — 8. Any person desiring to make donations of money, personal 
property or real estate for the benefit of such library, shall have the 
right to vest the title of the property so donated in the city of Chicago 
or in the library board, to be held in the custody of and controlled by 
such board, when accepted according to the terms of the deed, gift, 
devise or bequest of such property; and as to such property the said 
board shall be held and considered to be special trustees. 



CITIES, VILLAGES AND TOWNS. 186 



ARTICLE XXII. 
General Provisions. 

22 — i. Any act of the General Assembly that shall be passed after 
the going into effect of this charter relative to the government of the 
affairs of the cities of this State in general or of cities containing a 
stated number of inhabitants or over, or allowing the formation of new 
municipal corporations in any part of the State, shall, in the absence of 
an express declaration of a legislative intent to the contrary, be con- 
strued as not applying to or operative within the city of Chicago. 

This rule of construction shall not apply in cases where this charter 
provides that local matters shall be governed by existing general laws 
of the State or by statutes passed in amendment thereof or in addition 
thereto, except where such additions or amendments are repugnant to 
provisions of this charter. 

22 — 2. The words "shall have power" or "may," as used in this 
charter, shall not be construed as mandatory. 

22 — 3. This charter shall be deemed a public act, and all courts shall 
take judicial notice of it. 

22 — 4. Nothing in this Act or any section thereof contained shall 
be held or construed as affecting, limiting, or impairing the right of the 
Legislature to alter, amend, annul, or repeal any or all of the provisions 
of this charter by an Act of the Legislature enacted in conformity to 
the constitution of the State. 

22 — 5. All Acts or parts of Acts in conflict with the provisions of 
this charter shall be inoperative within and in regard to the city of 
Chicago. 

22 — 6. For the purpose of determining the relation of this Act to 
other Acts of the General Assembly, it shall be deemed to have been 
enacted at the time it shall be adopted by the voters of the city of 
Chicago. 

ARTICLE XXIII. 

Submission of Charter to Popular Vote. 

23 — 1. This Act shall be submitted to the voters of the city of 
Chicago at a special election to be held on the seventeenth day of 
September in the year 1907, and if consented to by a majority of the 
voters voting on the question, in accordance with the requirements of 
section 34 of article 4 of the constitution, shall take effect when the 
result of such submission is ascertained and declared. The ballots to 
be used at said election in voting upon this Act shall be substantially 
[in] the following form: 



186 



CITIES, VILLAGES AND TOWNS. 



For an Act entitled, "An Act to provide a charter for the 
city of Chicago, to consolidate in the government of 
said city the powers now vested in the local authorities 
having jurisdiction within the territory of said city, 
and to enlarge the rights and powers of said city. 



Against an Act entitled, "An Act to provide a charter for 
the city of Chicago, to consolidate in the government 
of said city the powers now vested in the local authori- 
ties having jurisdiction within the territory of said 
city, and to enlarge the rights and powers of said city. 



In case any election precinct of the city is or shall be intersected by 
the boundary line of any of the municipal corporations sought to be 
consolidated by this Act, the judges of election shall procure and the 
election commissioners shall furnish two or more ballot boxes so as to 
allow the votes of the residents of such municipal corporation in such 
precinct to be received separately from the votes of the voters of such 
precinct residing outside of such municipal corporation, and the same 
shall be received and returned separately. 

Approved June 5, 1907. 



FIREMEN'S PENSION FUND. 



1. Amends title and sections 1, 2, 3, 

4. 6 8, 10, 11 and 16. Act of 
1S87. 

§ 1. Fund how created — trust- 
ees of fund. 

§ 2. Board of trustees of fire- 
men's pension fund. 

§ 3. Management of fund — as- 
sessment of members — 
deciding upon applica- 
tions — record of meetings. 

§ 4. Rewards — gifts — devices, 
etc. — permanent fund. 

§ 5. Power of board to draw 
fund — investing same — 
deposit of securities. 

§ 6. Interest from investment 
from fund. 

§ 7. Retirement on account of 
physical or mental dis- 
ability. 

§ 8. Death while in the service, 
etc. — pension to widow — 
minor children — depend- 
ent parents — when fund 
insufficient. 



§ 9. 

§ 10. 

§ 11. 
§ 12. 

§ 13. 
§ 14. 

§ 15. 
§ 16. 



Beneficiaries under prior 
act. 

Retirement after twenty- 
two years' service, etc. 

To whom Act applies. 

Treasurer of board — cus- 
todian of fund — books 
and accounts — bonds. 

Duty of mayor, or etc., to 
draw warrants. 

Money paid only upon 
warrants signed, etc. — 
interest from fund. 

Report of board of condi- 
tions of fund. 

Fund not subject to 
levy, either before or 
after order of distribu- 
tion, etc. 



§ 17. Repeal. 



(Senate Bill No. 480. Approved June 1, 1907.) 

An Act to amend sections one (i), two (2), three (3), four (4), six 
(6), eight (8), ten (10), eleven (u) and sixteen (16) and the title 



CITIES, VILLAGES AND TOWNS. 1*7 



of "An Act to create a board of trustees of the firemen's pension 
fund; to provide and distribute such fund for the pensioning of 
disabled firemen and the -widows and minor children of deceased 
firemen; to authorise the retirement from service and the pensioning 
of members of the fire department, and for other purposes connected 
therewith, in cities, villages or incorporated tozvns, whose popula- 
tion exceeds 50,000 inhabitants, having a paid fire department," 
approved May 13, 1887, in force July 1, 188J, and as amended by 
an Act approved March 28, 1889, in force July 1, 1880. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections one (1), two (2), 
three (3), four (4), six (6), eight (8), ten (10), eleven (11) and six- 
teen ( 16) , and the title of an Act entitled, "An Act to create a board of 
trustees of the firemen's pension fund; to provide and distribute such 
fund for the pensioning of disabled firemen, and the widows and minor 
children of deceased firemen; to authorize the retirement for [from] 
service and pensioning of members of the fire department, and for 
other purposes connected therewith, in cities, villages or incorporated 
towns, whose population exceeds fifty thousand inhabitants, having a 
paid fire department," approved May 13, 1887; in force July 1, 1887; 
as amended by an Act approved March 28, 1889 ; in force July 1, 1889; 
be amended to read as follows : 

An Act to create a board of trustees of the firemen's pension fund; 
to provide and distribute such fund for the pensioning of disabled fire- 
men, and the widows, minor children and dependent parents of de- 
ceased firemen; to authorize the retirement from service and pension- 
ing of members of the fire department, and for other purposes con- 
nected therewith, in cities, villages or incorporated towns, whose popu- 
lation exceeds five thousand inhabitants, having a paid fire department. 

Sec 1. Fund, How Created — Treasurers of Fund. Be it en- 
acted by the People of the State of Illinois, represented in the General 
Assembly: That in all cities, villages or incorporated towns whose 
population exceeds five thousand, having a paid fire department, one 
(<i) per centum of all revenues collected or received by such cities, 
villages or incorporated towns from licenses issued by such cities, 
villages or incorporated towns, also all fines imposed for viola- 
tions of fire ordinances, the enforcement or correction of which 
may be charged to and be under the supervision of the chief 
officer or subordinate officers of such fire department of any such cities, 
villages or incorporated towns, shall be set apart by the treasurer of 
such cities, villages or incorporated towns to whom the same shall be 
paid, as a fund for the pensioning of disabled and superannuated mem- 
bers of the fire departments, and of the widows and orphans and de- 
pendent parents of deceased members of the fire departments of such 
cities, villages or incorporated towns. The treasurers of such cities, 
villages or incorporated towns shall be ex officio treasurers of such 
fund. 



188 CITIES, VILLAGES AND TOWNS. 



§ 2. Board of Trustees of Firemen's Pension Fund.] The 
treasurer, clerk, attorney, marshal or chief officer of the fire depart- 
ment, and the comptroller of such city, village or incorporated town, 
and two other persons, who shall be chosen from the active members of 
the fire department of such city, village or incorporated town shall con- 
stitute and be a board by the name of the "board of trustees of the 
firemen's pension fund." The members of this board to be chosen from 
the active members of the fire department shall be elected by ballot at 
an annual election, at which election all active members of the fire 
department of said city, village or incorporated town shall be entitled 
to vote : Provided, that in any city, village or incorporated town where 
there is no comptroller appointed or elected, that the mayor of such 
city, village or incorporated town, shall be a member of such board. 

The election in this section provided for shall be held annually, on 
the third Monday in April, under the Australian ballot system, at such 
place or places in such city, village or incorporated town, under such 
regulations as shall be prescribed by the members of this board whu. 
are members of such board by reason of their official positions : Pro- 
vided, however, that no person 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 to 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. The said board shall select from their 
number a president and secretary : Provided, that in villages and incor- 
porated towns the "board of trustees of the firemen's pension fund" 
shall consist of the president of the board of trustees, the town or 
village clerk, the town or village attorney, the chief officer of the fire 
department and two other persons who shall be chosen annually from 
the active members of the fire department of such village or incorpor- 
ated town. The two members of said board to be chosen from the 
active members of the fire department of said village or incorporated 
town to be elected in the manner provided for in this section for elec- 
tion of such members in cities. 

§ 3. Management of Fund — Assessment of Members — De- 
ciding Upon Applications — Record of Meetings.] The said board 
shall have exclusive control and management of the fund mentioned 
in the first section of this Act, and of all money donated, paid, or 
assessed for the relief or pensioning of disabled, superannuated and 
retired members of the fire departments, their widows, minor children 
and dependent parents, and shall assess each member of the fire de- 
partment not to exceed one per centum of the salary of such member, 
to be deducted and withheld from the monthly pay of each member so 
assessed, the same to be placed by the treasurer of such city, village or 
incorporated town, who shall be ex officio treasurer of such board to 
the credit of such fund subject to the order of such board. The 
said board shall make all needful rules and regulations for its govern- 
ment in the discharge of its duties, and shall hear and decide all appli- 
cations for relief or pensions under this Act, and its decisions on such 



CITIES, VILLAGES AND TOWNS. 1&9 



applications shall be final and conclusive, and not subject to review or 
reversal except by the board. The board shall cause to be kept a 
record of all its meetings and proceedings. 

§ 4. Rewards — Gifts — Devises, Etc. — Permanent Fund.] All 
rewards in moneys, fees, gifts and emoluments that may be paid or 
given for, or on account of extraordinary services by said fire depart- 
ment, or any member thereof (except when allowed to be retained by 
said member, or given to endow a medal or other permanent or com- 
petitive award), shall be paid into said pension fund. The said board 
of trustees may take by gift, grant, devise or bequest, any money, real 
estate, personal property, right of property or other valuable thing, the 
annual income of which shall not exceed one hundred thousand dol- 
lars ($100,000) in the whole; and such money, real estate, personal 
property, right of property, or other valuable thing so obtained, also 
all fines and penalties imposed upon members of such fire department, 
shall in like manner be paid into said pension fund and treated as a 
part thereof, for the uses of such pension fund : Provided, that when the 
sum of two hundred thousand dollars ($200,000) shall be received and 
accumulated, it shall be, together with all other sums in excess of two 
hundred thousand dollars ($200,000) when so received and accumu- 
lated, retained as a permanent fund, and thereupon and thereafter the 
annual income of such permanent fund may be made available for the 
uses and purposes of such pension fund. 

§ 5. Power of Board to Draw Fund— Investing Same — Deposit 
of Securities.] The said board of trustees shall have power to draw 
such pension fund from the treasury of such city, village or incorpor- 
ated town and may invest such fund, or any part thereof, in the name 
of the "board of trustees of the firemen's pension fund," in interest- 
bearing bonds of the United States, of the State of Illinois, of any 
county of this State, or of any township or of any municipal corpora- 
tion of the State of Illinois. And all such securities shall be deposited 
with the treasurer of said city, village or incorporated town as ex officio 
treasurer of said board, and shall be subject to the order of said board. 

§ 6. Interest From Investment From Fund.] The interest re- 
ceived from any such investment of said fund, after said fund shall have 
reached the sum of two hundred thousand dollars ($200,000), shall be 
applicable to the payment of pensions under this Act. 

§ 7. Retirement on Account of Physical or Mental Disa- 
bility.] If any member of the fire department of any such city, village 
or incorporated town shall, while in the performance of his duty, be- 
come and be found, upon an examination by a medical officer ordered by 
said board of trustees to be physically or mentally permanently dis- 
abled, by reason of service in such fire department, so as to ren- 
der necessary his retirement from service in said fire department, said 
board of trustees shall retire such disabled member from service in 
such fire department: Provided, no such retirement on account of dis- 
ability shall occur unless said member has contracted said disability 
while in the service of such fire department. Upon such retirement 
the said board of trustees shall order the payment to such disabled 



190 CITIES, VILLAGES AND TOWNS. 



member of such fire department, monthly, from said pension fund, a 
sum equal to one-half the monthly compensation allowed to such mem- 
ber as a salary at the date of his retirement. 

§ 8. Death While in the Service, Etc. — Pension to Widow — 
Minor Children — Dependent Parents — When Fund Insuffi- 
cient.] If any member of such fire department shall, while in the 
service of such fire department, be killed, or die as the result of injuries 
received while in such service, or of any disease contracted by reason 
of his occupation, or if any member of such fire department shall, while 
in said service, die from any cause while in said service, or during re- 
tirement, or after retirement, after 22 years' service as hereinafter 
provided, and shall leave a widow, minor child or minor children under 
sixteen years of age, or dependent father or mother surviving, said 
board of trustees shall direct the payment from said pension fund of 
the following sums monthly, to-wit : To such widow, while unmarried, 
thirty-five dollars ; to the guardian of such minor child or children, 
eight dollars for each of said children, until it or they, reach the age 
of sixteen years ; to the dependent father, or dependent mother, of 
such fireman, twenty-five dollars each : Provided, it shall be proven 
that the deceased fireman at the time of his death, was the sole and only 
support of such parent or parents. Where the wife of such deceased 
fireman shall have died, either prior or subsequent to the death of such 
fireman, leaving a minor child or children, the said board shall pay to 
the duly appointed guardian of such child or children, for their support 
and maintenance, until it or they shall have reached the age of sixteen 
years, to each, the sum of fifteen dollars per month : Provided, however, 
that there shall not be paid to the family or dependents of any such de- 
ceased member, a total pension exceeding one-half the amount of the 
annual salary of such deceased fireman at the time of his decease; or, 
if a retired member, a sum not exceeding one-half the amount of the 
annual salary of such retired member at the date of his retirement. 
If at any time there shall not be sufficient money in such pension fund 
to pay each person entitled to the benefits thereof, the full amount per 
month, as hereinbefore provided, then, and in that event, an equal per- 
centage of such monthly payments shall be made to each beneficiary 
thereof, until the said fund shall be replenished to warrant the payment 
in full to each of said beneficiaries. 

§ 9. Beneficiaries Under Prior Act.] The widows and orphans 
of deceased firemen and retired members of the fire department, who 
are now entitled to pension or annuity under the provisions of an Act 
entitled "An Act for the relief of disabled members of police and fire 
departments in cities and villages," approved May 24, 1877, as amended, 
shall be entitled to the benefits, pensions and annuities provided for by 
this Act : Provided, such persons shall thereupon cease to receive pen- 
sions, relief or benefits under said Act of May 24, 1877. 

§ 10. Retirement After Twenty-two Years' Service, Etc.] 
Any member of the fire department of any such city, village or incorpor- 
ated town, after having served twenty-two years or more in such fire de- 
partment, of which the last two years shall be continuous, may make 
application to be relieved from such fire department, or if he shall be 



CITIES, VILLAGES AND TOWNS. 191 



discharged from such fire department, the said board of trustees shall 
order and direct that said person shall be paid a monthly pension equal 
to one-half the amount of salary attached to the rank which he may 
have held in said fire department at the date of his retirement or dis- 
charge; and the said board upon the recommendation of the fire mar- 
shal or the chief officer of any fire department, provided for in this Act 
shall have the power to assign members of the fire department retired 
or drawing pensions under this Act, to the performance of light duties 
in such fire department in case of extraordinary emergencies. After 
the decease of such member, his widow, minor child or children, under 
sixteen years of age, his dependent parent or parents, if any surviving 
him, shall be entitled to the pension provided for in this Act, but noth- 
ing in this or any other section of this Act shall warrant the payment 
of any annuity to any widow of a deceased member of such fire depart- 
ment after she shall have remarried. 

§ ii. To Whom Act Applies.] This Act shall apply to ail per- 
sons who are now or shall hereafter become members of such fire de- 
partments and to all persons who are now beneficiaries of the firemen's 
pension fund and all such persons shall be eligible to the benefits 
secured by this Act. 

§ 12. Treasurer of Board — Custodian of Fund — Books and 
Accounts — Bonds.] The treasurer of the board shall be custodian of 
said pension fund and shall secure and safely keep the same, subject to 
the control and direction of the board ; and shall keep his books and ac- 
counts concerning said fund in such a manner as may be prescribed 
by the board; and the said books and accounts shall always be subject 
to the inspection of the board or any member thereof. The treasurer 
shall within ten days after his election or appointment, execute a 
bond to the city, village or incorporated town, with good and sufficient 
securities, in such penal sum as the board shall direct, to be approved 
by the board, conditioned for the faithful performance of the duties 
of his office, and that he will safely keep and well and truly account 
for all moneys and property which may come into his hands as such 
treasurer; and that on the expiration of his term of office he will sur- 
render and deliver over to his successor all unexpended moneys and 
all property which may have come to [into] his hands as treasurer of 
such fund. Such bond shall be filed in the office of the clerk of such 
city, village or incorporated town, and in case of a breach of the same, 
or the conditions thereof, suit may be brought on the same in the name 
of such city, village or incorporated town, for the use of said board, or 
of any person or persons injured by such breach. 

§ 13. Duty of Mayor, or Etc., to Draw Warrants.] It shall be 
the duty of the mayor, or the president of the board of trustees and 
clerk, or the comptroller, if there be one, and the officer or officers of 
such city, village or incorporated town who are or may be authorized 
by law to draw warrants upon the treasurer of such city, village or in- 
corporated town, upon request made in writing by said board, to draw 
warrants upon the treasurer of such city, village or incorporated town, 
payable to the treasurer of said board for all funds in the hands of the 



192 CITIES, VILLAGES AND TOWNS. 



treasurer of such city, village or incorporated town belonging to said 
pension fund. 

§ 14. Money Paid Only Upon Warrants Signed, Etc. — Inter- 
est From Fund.] All moneys ordered to be paid from said pension 
fund to any person or persons shall be paid by the treasurer of said 
board only upon warrants signed by the president of the board and 
countersigned by the secretary thereof ; and no warrant shall be drawn 
except by order of the board duly entered in the records of the pro- 
ceedings of the board. In case the said pension fund or any part there- 
of shall, by order of said board or otherwise, be deposited in any bank, 
or loaned, all interest or money which may be paid or agreed to be paid 
on account of any such loan or deposit, shall belong to and constitute 
a part of said fund: Provided, that nothing herein contained shall be 
construed as authorizing said treasurer to loan or deposit said fund or 
any part thereof, unless so authorized by the board. 

§ 15. Report of Board of Conditions of Fund.] The board of 
trustees shall make report to the council of said city, village or incorpo- 
rated town, of the condition of said pension fund on the first day of 
January in each and every year. 

§ 16. Fund Not Subject to Levy Either Before or After 
Order of Distribution, Etc.] No portion of said pension fund shall, 
either before or after its order of distribution by said board to such 
disabled members of said fife department, or to the widow or guardian 
of such minor child or children, or to the dependent parent or parents, 
or a deceased or retired member of such department, be held, seized, 
taken, subject to, or detained or levied on by virtue of any attachment, 
execution, injunction, writ, interlocutory or other order or decree, or 
any process or proceeding whatever issued out of or by any court of 
this State for the payment or satisfaction in whole or in part of any 
debt, damages, claim, demand or judgment against any such member, 
or his said widow or the guardian of said minor child or children de- 
pendent parent or parents, of any deceased member ; but the said fund 
shall be sacredly held, kept, secured and distributed for the purposes of 
pensioning the persons named in this Act, and for no other purpose 
whatever. 

§ 17. Repeal.] All Acts or parts of Acts inconsistent with this 
Act are hereby repealed. 

Approved June 1, 1907. 



CITIES, VILLAGES AND TOWNS. 



m 



LOCAL IMPROVEMENTS — JOINT IMPROVEMENTS. 



g 1. Adds section 97a to Act of 1897. S 97a. Cities join with others — ■ 

advisability — hearing 
— ordinance — petition 
— remonstrance— court 
ascertain variances — 
consolidation — ■ assess- 
ment — apportionment 
— dismissal of petition 
— board to have entire 
control — collection of 
assessments — inde- 
pendent improvements 
— proportional cost. 

(House Bill No. 799. Approved May 20, 1007.1 

An Act to amend an Act entitled "An Act concerning local improve- 
ments" approved June 14, 1897, in force July 1, 1897, as heretofore 
amended, by adding thereto a new section to be known as section Qja. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That an Act entitled "An Act con- 
cerning local improvements," approved June 14, 1897, in force July 1, 
1897, as heretofore amended, be and the same is hereby amended by 
adding thereto a new section to be known as section 97a. Said section 
to read as follows : 

§ 97a. Any city, village or incorporated town or other corporate 
authorities to which the provisions of this Act shall apply may, if it 
or they shall see fit, join with any other city or cities, village or villages, 
incorporated town or towns or other corporate authorities, flying 
within the same county) to which the provisions of this Act shall apply, 
in the making of any local improvement or improvements hereunder. 
and all the terms and provisions of this Act shall govern each of the 
cities, villages, incorporated towns, or other corporate authorities, so 
joining except where the same are hereinafter modified as follows. 
to-wit : 

The first resolution of the board of local improvements of each of the 
cities, villages, incorporated towns or other corporate authorities so 
joining shall recite the advisability of making the proposed improve- 
ment with the city or cities, village or villages, incorporated town or 
towns, or other corporate authorities whose cooperation is desired, and 
the notice for public hearing, the ordinance, and the petition for the 
confirmation of the assessment shall, on the part of each of the cities, 
villages, incorporated towns or other corporate authorities so joining. 
make reference thereto : Provided, however, that only so much of said 
proposed improvement as lies within each of said municipalities shall 
be described in said resolution : Provided, also, that whenever a re- 
monstrance petition as provided in section eight (8) of this Act is 
filed by the owners of a majority of the property fronting that por- 
tion of said improvement which lies within any one of said petitioning 
municipalities, said remonstrance shall stay said joint proceeding one 
year from said date. 

Upon the coming into court of the petitions the court shall first as- 
certain if there is anv substantial variance between the ordinances of 



—13 L 



194 CITIES, VILLAGES AND TOWNS. 



the cities, villages, incorporated towns or other corporate authorities 
so joining, and if such substantial variance shall be found no further 
proceedings shall be had thereon until time shall have been granted 
for amendments to such ordinance or ordinances : Provided, however, 
that in case amendments are necessary, no further resolution, public 
hearing or preliminary proceedings leading up to the same shall be 
required. 

When the court shall be satisfied that the ordinances are alike in 
substance it shall enter an order consolidating said petitions and in 
said order shall designate and appoint one of said petitioning munici- 
palities thenceforth to conduct all proceedings therein in the name of 
the municipality so designated, and all the provisions of this Act now 
applicable to municipalities of the class so designated shall govern 
the proceedings for the levy and confirmation of the assessment for 
said improvement. The commissioner or commissioners so appointed 
by the court in special assessment or condemnation proceedings are 
hereby expressly authorized and empowered to file one assessment roll 
and report and to levy said assessment upon all lands within the limits 
of said petitioning municipalities to the extent that the same may be 
benefited by said improvement. 

The proportion of the cost of said improvement, if any, which shall 
be of benefit to the public shall be assessed between the petitioning 
municipalities in such amounts as shall to the court appear to be just 
and equitable. Neither of the petitioning municipalities shall dismiss 
its petition except by agreement with its co-petitioner or co-petitioners, 
or upon such terms as to costs as may be fixed by the court: Provided, 
however, that the cost of making and collecting the assessment for that 
part of the improvement lying within the respective municipalities shall 
be paid out of the general funds or levied upon the lands of each of the 
petitioning municipalities in the manner now provided by law. 

The board of local improvement of the municipality so designated 
by the court shall have charge and control of all matters relating to the 
letting of contracts, accepting or rejecting bids, awarding and execut- 
ing contracts, completing unfinished work, execution, superintendence 
and inspection of work, and the issuing of bonds and vouchers, the 
report of the cost of the work, crediting the excess upon assessments, 
rebates, and the final hearing as to whether the improvement conforms 
substantially to the requirements of the ordinances therefor, and of 
all matters necessary to the construction of said improvement. 

Each petitioning municipality shall have charge and control of the 
collection of the assessments levied upon the land lying within its 
jurisdiction, and the treasurer of each of said municipalities or such 
other office as may be authorized by law to collect the same shall pav 
over the moneys so collected to the municipality so designated and 
appointed by the court and said municipality shall pay such moneys 
to the parties entitled thereto : Provided, however, that nothing in 
this section contained shall be construed to prevent any city, village, 
incorporated town, or other corporate authorities from proceeding in- 
dependently in the making of any improvement, or portion thereof, 



CITIES, VILLAGES AND TOWNS. 195 



which might be made jointly as aforesaid: Provided, that where a pro- 
posed improvement lies wholly within one municipality the proportional 
cost may be paid out of the funds of any other municipality which may 
be benefited thereby, where such municipality has by previous agree- 
ment under the terms and conditions of this Act entered into said im- 
provement, either by special assessment, special tax or by general 
taxation. 

Approved May 20, 1907. 

LOCAL IMPROVEMENTS— WATER WORKS, BRIDGES AND VIADUCTS. 



1. Adds sections 15a, 33a. 61a, 77a, 
89a and 89b to Act of 1897. 

§ 15a. Ordinance — division of 

assessment in install- 
ments. 

§ 33a. Submission of proposi- 
tion to levy annual 
tax — notices — ballots — 
returns — tax rate. 



§ 67a. Certifying roll — ordi- 
nance for issuance of 
warrants — land taken. 

§ 77a. Provisional contracts. 

§ 89a. Lien — deed of trust. 

§ 89b. Water works fund. 

Act does not apply to cities of over 
100,000. 



(Senate Bill No. 542. Approved Mat 25, 1907.) 

An Act to amend an Act entitled, "An Act concerning local improve- 
ments" approved June 14, 1897, 7 ' M force July 1, 1897, as heretofore 
amended, by adding thereto six new sections to be known as section 
15a, section 33a, section 61a, section 77a, section 89a and section 8pb. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That an Act entitled, "An Act con- 
cerning local improvements," approved June 14, 1897, in force July 1, 
1897, as heretofore amended, be, and the same is hereby amended by 
adding thereto six new sections, to be known as "section 15a," "sec- 
tion 33a," "section 61a," "section 77a," "section 89a," and "section 89b." 

Said sections to read as follows : 

§ 15a. Whenever any local improvement provided to be made by 
any ordinance therefor passed by virtue of the Act, to which this Act 
is an amendment, shall consist of a system of waterworks or a bridge 
or viaduct, any portion of the cost of which is to be defrayed by special 
assessment, it shall be lawful to provide by the ordinance for the 
same 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 for public 
benefits and on account of property owned by it, may be divided into 
not exceeding thirty (30) installments in the manner provided in sec- 
tion 42 of said Act to which this Act is an amendment, as near as mav 
be. 

§ 33a. Whenever any ordinance shall be passed for the making of 
a local improvement consisting of a water works system, or a bridge 
or viaduct, the estimated cost of which shall not be less than thirty 
thousand dollars ($30,000) (any portion of which is to be defrayed 
by special assessment), and the assessment therefor shall have been 



196 CITIES. VILLAGES AND TOWNS. 



made and the report thereof filed in the court having jurisdiction there- 
of, in and by which assessment the amount assessed against the city, 
town or village as public benefits, shall exceed one per centum of the 
total amount of taxable property in such city, town or village as shown 
by the last preceding assessment for State and county taxes, the city 
council of such city, and the board of trustees of such town or village 
shall have power to levy in addition to the taxes now authorized by 
law, a direct annual tax for not exceeding thirty (30) successive years, 
and not exceeding one cent on the dollar of all taxable property in 
such city, town or village, the same to be levied and collected with, and 
in like manner as the general taxes of said city, town or village, and 
be known as "The Water Works Tax," or "Bridge Tax," as the case 
may be, and the fund arising therefrom shall be known as the "Water 
Works Fund" or "Bridge Fund" as the case may be ; which funds shall 
be used solely for the purpose of paying such assessments for public 
benefits : Provided, however, that the proposition to levy such tax shall 
first be submitted to the voters of such city, town or village at a general 
or special election to be called by an ordinance duly passed by the city 
council of such city, or the board of trustees of such town or village, 
in and by which, the proposition or propositions to be submitted shall be 
defined, the time of holding of such election shall be fixed and the 
form of the notice to be given shall be prescribed. Such notice shall be 
given by posting a copy thereof in each of ten or more public places, in 
such city, town or village, and by publishing the same once in each week 
for three successive weeks in one or more newspapers published in 
such city, town or village, the first publication of which notice and the 
posting of said notice shall be at least twenty days before the day on 
which said election is to be held, and in case no newspaper shall be pub- 
lished in such city, town or village, then by the publication thereof in 
the nearest newspaper thereto, and by posting at least five notices in 
each ward thereof for the length of time aforesaid. At such election 
official ballots shall be used and the judges and the clerks thereof shall 
be appointed in the same manner and the number and location of the 
polling places shall be the same as at the general elections for the elec- 
tion of officers in such city, town or village, and such elections shall in 
all other respects be conducted and the returns thereof made in the same 
manner as in case of such general elections. If more than two-thirds 
of the votes cast upon the proposition or propositions submitted at such 
election shall be in favor of the same, the tax so authorized shall be 
levied according to the specifications contained in such ordinance, but no 
more than three mills upon the dollar shall be levied for the purpose 
of paying the assessment for the construction of any bridge or viaduct, 
and no more than ten mills on the dollar for the construction of any 
such water works system. 

§ 61a. Whenever any warrant shall be issued by the clerk of the 
court in which the judgment of confirmation is rendered, for the col- 
lection of any special assessment to which this amendatory Act relates, 
such warrant shall not authorize the collection of any assessment levied 
against the city, town or village for and on account of public benefits, 



CITIES, VILLAGES AND TOWNS. 197 



but said clerk shall likewise certify the assessment roll and judgment 
to the clerk or comptroller, if any, of such city, town or village upon 
being requested so to do by such clerk. The several and respective 
installments of the amounts that may be assessed against the city, town 
or village for and on account of public benefits and confirmed by the 
court, shall be paid out by the treasurer of the city, town or village 
from and out of any moneys arising from the collection of the direct 
annual tax provided for in and by section 33a of this amendatory 
Act and out of any other moneys in his hands that may be used for 
that purpose whenever he shall be legally authorized so to do, by an 
ordinance of said city, town or village. Any such city, town or village 
may pay for any land to be taken or damaged in the making of any 
local improvement to which this amendatory Act relates, before any 
such assessment or any installment thereof shall become due, and 
when the same becomes due, the amount so paid shall be credited upon 
the assessment against the city, town or village so paying in advance. 

§ 77a. Whenever any contract shall have been awarded to any 
bidder for the construction of any water works system, bridge or via- 
duct referred to in this amendatory Act, the bid of the party to whom 
the contract shall have been awarded and the award therefor shall be 
treated as provisional and shall not be binding upon the party to whom 
the same is awarded, or upon the city, town or village, until the levying 
of the tax herein provided for shall have been authorized by the voters 
of such city, town or village voting at an election to be held as herein 
provided. 

§ 89a. When any city, town or village shall have provided by or- 
dinance for xthe construction of a water works system, any portion of 
the cost of which is to be paid by special assessment and a direct annual 
tax shall have been authorized by a vote of the people as provided in 
this amendatory Act, then in order to secure the payment of the cost 
of such construction, the contractor and holders of the bonds that may 
be issued in payment of such costs, in the manner provided in the Act 
hereby amended, shall have a lien upon such water works system and 
upon the income to be derived from the operation of the same, to secure 
the payment of the amounts due them respectively, such lien to be to 
the fullest extent that such city, town or village may be authorized by 
law to create. Such city, town or village shall, upon the request in 
writing of the contractor for the construction of such water works, 
or the holder or holders of a majority in amount of the said bonds, con- 
vey by a deed of trust in the nature of a mortgage the water works 
system so to be constructed, and all the property, both real and personal, 
pertaining thereto, such deed of trust to secure the payment of such 
assessment for public benefits or such bonds as the contractor or holder 
of such bonds may elect, the trustee in such deed of trust to be selected 
by the contractor or the holder or holders of such majority of such 
bonds. 

§ 89b. The entire proceeds arising from the operation of such 
water works system shall be paid into the treasury of said city, town 
or village and be kept in a separate fund to be known as the "Water 



198 CITIES, VILLAGES AND TOWNS. 



Works Fund," and after the payment therefrom of the necessary run- 
ning and operating expenses of such water works system, the balance 
shall from time to time be credited by said treasurer upon the assess- 
ment levied against such city, town or village for public benefits and the 
respective installments thereof ; and shall be applied toward the payment 
of the cost of such water works system in the manner provided by said 
Act as amended ; and until the said bonds so issued to pay the cost of 
the construction of such water works system, and the interest thereon 
shall have been fully paid, the treasurer of such city, town or village 
shall not pay any warrants drawn on said "Water Works Fund" for any 
other purpose except for the payment of the necessary operating ex- 
penses of such water works system. In case such water works system 
shall be used and operated to supply water for any existing distributing 
system, then the entire proceeds derived from the operation of such 
water works system and such distributing system so supplied with 
water shall be apportioned and divided in proportion to the original 
cost of such distributing system, and the cost of said water works 
system herein provided for. Such cost to be ascertained and deter- 
mined by the clerk of such city, town or village. The portion of such 
income that shall be so found or determined to be on account of or 
arise from the operation of such water works system shall be paid to 
said treasurer and placed in said "Water Works Fund" and used only 
in the manner aforesaid. 

§2. This amendatory Act shall not apply to any city, town or village 
having a population of more than one hundred thousand inhabitants. 

Approved May 25, 1907. 

POLICE MAGISTRATES — ELECTION. 

§ 1. Amends section 1, Act of 1875. I § 1. Changes time of election 

of police magistrates ia 
certain municipalities. 

(House Bill No. 633. Approved Max 24, 1907.) 

An Act to amend section one (i) of an Act entitled, "An Act to author- 
ize the election of police magistrates in towns, cities and villages 
where the same are not now provided for by law," approved and in 
force April 13, 1875. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section one (1) of an Act en- 
titled, "An Act to authorize the election of police magistrates in towns, 
cities and villages where the same are not now provided for by law," 
approved and in force April 13, 1875, De amended to read as follows: 

Sec. 1. That all towns, cities and villages in the State which have 
been incorporated under charters granted by special acts, or under a 
general act, when the law under which they are incorporated does not 
authorize the election of a police magistrate, be and they are hereby 
authorized to elect one police magistrate at the first annual election of 
town, city or village officers that shall occur after the passage of this 
Act, and quadrennially thereafter. Such police magistrates shall hold 



CITIES, VILLAGES AND TOWNS. L99 



their offices for the same term, be commissioned and qualified, and have 
the same jurisdiction and fees, as police magistrates of villages have 
under the general law for the incorporation of cities and villages : Pro- 
vided, that in all cities, towns and villages in this State where a police 
magistrate is now elected at a time when no regular city election is held 
for other city officers, the police magistrate elected at the last election 
shall hold his office until the next regular election of city officers, which 
shall occur after the expiration of the present term for which such 
police magistrate has been elected, and such cities be, and they are 
hereby authorized to elect one police magistrate at the first regular elec- 
tion for city officers which shall occur after the expiration of the term 
of office for which the magistrate now holding office is elected, and 
every four years thereafter. 
Approved May 24, 1907. 

POLICE PENSION FUND. 

S 1. Amends section 3, Act of 1887. § 2. Emergency. 

§ 3. Who shall be pensioned — 
combined service upon 
police and fire depart- 
ment. 

(House Bill No. 189. Approved April 19, 1907.) 

An Act to amend section three (3) of an Act entitled, "An Act to pro- 
vide for the setting apart, formation and disbursement of a police pen- 
sion 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 an Act approved May 
11, 1901, in force July 1, 1901, as amended by an Act approved and 
in force May 16, 1903. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section three (3) of an Act 
entitled, "An Act to provide for the setting apart, formation and dis- 
bursement 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 
an Act approved May 11, 1901, in force July 1, 1901, as amended by an 
Act approved and in force May 16, 1903, be amended so as to read as 
follows : 

§ 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 a period of twenty years or 
more upon the regularly constituted police force of such city, village 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 fire 
department, as aforesaid, of such city, village or town, shall aggregate 
twenty years or more, said board shall order and direct that such per- 
son, after becoming fifty years of age and his service on such police 
force shall have ceased, shall be paid a yearly pension equal to one-half 
the amount of salary attached to the rank which he may have held on 
said police force for one vear immediately prior to the time of such re- 



200 CITIES, VILLAGES AND TOWNS. 



tirement: Provided, however, the maximum of said pension shall not 
exceed the sum of $900.00, and the minimum be not less than $600.00 
per annum ; and after the death of such person pensioned by virtue of 
the above section of the Act to which this is an amendment, or any Acts 
amendatory thereof, the widow or child or children under sixteen years 
of age of any such pensioner who died prior to the taking effect of this 
amendment, shall hereafter be paid the pension herein provided for such 
husband or father : But nothing herein contained shall warrant the pay- 
ment of any annuity to any such widow after she shall have remarried : 
And, provided, further, that all police officers retired after twenty years' 
service on the police force of such city, village or town (or where the 
combined years of service of such officer upon the police and fire de- 
partment shall aggregate twenty years or more) above the age of fifty 
years, now receiving a pension, shall receive the same pension now 
allowed them, and that the widow or child or children under sixteen 
years of age of any deceased pensioner, pensioned as aforesaid, shall 
receive the same pension heretofore received by such deceased husband 
or father : Provided, that in no case shall said pension exceed the sum 
of $900.00 per annum. 

§ 2. Whereas, An emergency exists for the immediate taking 
effect of this Act, therefore it shall be in force from and after its 
passage. 

Approved April 19, 1907. 



SIDEWALKS— NEW ORDINANCES. 

§ 1. Amends section 8, Act of 1875. § 8. When tax is set aside new 

ordinance may be 
passed. 

(Senate Bill No. 360. Approved Max 25, 1907.) 

An Act to amend section 8 of an Act entitled, "An Act to provide addi- 
tional means for the construction of sidewalks in cities, towns and 
villages," approved April 15, 1875, in force July 1, 1875, as amended 
by Act Hied May 18, 1905, in force May 18, 1905. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section 8 of an Act entitled, 
"An Act to provide additional means for the construction of sidewalks 
in cities, towns and villages," approved April 15, 1875, as amended by 
an Act filed May 18, 1905, in force May 18, 1905, be amended so as to 
read as follows : 

§ 8. If any special tax for the construction of a sidewalk shall have 
been [made] prior to the taking effect of this amendment or shall here- 
after be annulled by the city council or board of trustees or set aside by 
any court, a new ordinance may be passed and a new tax may be made 
and returned and the proceedings therefor shall be the same as in the 
first instance, and all parties in interest shall have like rights and like 
powers in relation to any subsequent tax as are hereby given in relation 
to the first tax. No special tax shall be held void because levied for work 
already done under a prior ordinance, if it shall appear that such work 



CITIES, VILLAGES AND TOWNS. 201 



was done in good faith, by the city, village or town, or under contract 
duly let and executed, pursuant to an ordinance providing that such 
sidewalk should be paid for by special tax. 
Approved May 25, 1907. 



i 1. Purchase or lease authorized — or- 
dinance — publication — petition 
for submission of question to 
voters. 



WATER WORKS AND SEWER SYSTEMS. 

§ 3. Borrow money — tax levy — bonds. 
§ 4. Contracts for water supply. 
§ 5. Emergency. 



S 2. Indebtedness — separate fund — fail 
ure to pay indebtedness. 

(Hodsb Bill No. 471. Approved May 20, 1907.) 

An Act entitled, "An Act to further enable cities, villages and incor- 
porated towns to lease, purchase, or construct water and sewer sys- 
tems, provide for the payment of the same and any indebtedness 
thereon and contracts therewith." 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That in all cities, villages or incor- 
porated towns where a water works or sewerage system, or both, is now 
being constructed or may hereafter be constructed by any person, firm 
or corporation, the city, village or incorporated town may purchase, or 
lease, such water works or sewerage system, or both, from the owner 
or owners thereof : Provided, however, that before, such leasing or pur- 
chase shall be binding upon the city, village or incorporated town, the 
city council or board of trustees, as the case may be, shall pass an ordi- 
nance empowering and authorizing such municipality to lease or pur- 
chase such water or sewer system, or both, and including the terms, as 
near as practicable, upon which such leasing or purchase shall be made, 
which ordinance shall be posted for a period of not less than ten days 
in at least five public places in such municipality and published at least 
•once a week each week for two successive weeks in a newspaper pub- 
lished in said municipality. If no petition shall be presented to said city 
council or board of trustees, as hereinafter provided, within twenty- one 
days after said ordinance is so published and posted, it shall be lawful 
for said city council or board of trustees to consummate the leasing or 
purchase of such water or sewer system, or both, as provided in the 
ordinance aforesaid. If within twenty-one days after the first publica- 
tion of said ordinance a petition shall be filed with the municipal clerk 
addressed to the city council or board of trustees signed by twenty per 
cent of the number of voters voting at the last general election held in 
said city, incorporated town or village asking that said question of 
leasing or purchase of such water works or sewerage system or both 
be submitted to a vote, it shall be the duty of the legislative body of such 
municipality to call a special election in manner provided by law to vote 
upon such question, and if it appears that a majority of the voters 
voting upon such question at such election vote in favor of leasing or 
purchasing such water or sewer system, or both, then said corporate 
authorities may complete such leasing or purchase, but, if a majority 



202 CITIES, VILLAGES AND TOWNS. 



of such votes are against said proposition then no further action shall 
be taken by such municipality for a period of not less than six months, 
when the same or other proposition may be submitted as before. 

§ 2. If any city, village or incorporated town shall be authorized to 
purchase any water works or sewerage system, or both, as aforesaid, 
and the same shall be pledged to secure the payment of any bonds, or 
other written evidences of indebtedness by mortgage or trust deed, then 
said city or municipality may direct, by order or resolution, the clerk 
and treasurer thereof to enter the same on the records of such munici- 
pality, as an indebtedness against said waterworks or sewerage system 
only, and shall cause all the revenues derived from the operation of 
said systems; and all rents due and payable said former owners for 
use of water and sewerage purposes, and pledged for the payment 
of such indebtedness, to be set apart in a separate fund for the pay- 
ment of such indebtedness as it becomes due and payable, provided 
said systems can be operated and maintained from the current funds 
of such municipality duly appropriated therefor: Provided, further, 
that nothing in this law contained shall be construed so as to affect the 
lien thereof and render null and void any bond, mortgage or trust 
deed securing any indebtedness upon said systems or a franchise and 
contract under which they were operated, executed by any person, 
firm or corporation as owner thereof for the construction and installa- 
tion of any water or sewer system, or both, prior to the transfer of the 
same to any municipality as aforesaid, should such municipality neglect 
or fail to pay such indebtedness as it falls or becomes due and in event 
of a foreclosure of any mortgage or trust deed as aforesaid at the 
instance of bona itde holders of any bonds or notes thereby secured and 
unpaid, the said mortgagee or trustee for said bondholders shall be 
reinvested to all former rights existing in their behalf by virtue of any 
franchise and contract granted such municipality to the person, firm or 
corporation creating such indebtedness and which has been pledged as 
aforesaid. 

§ 3. Such cities, villages and incorporated towns may borrow 
money and levy and collect a general tax in the same manner as other 
municipal taxes may be levied and collected for the leasing or purchase 
and maintenance of such waterworks and sewerage systems and for 
the payment of any existing indebtedness thereon, and may issue bonds 
of said municipality to procure funds to purchase any such system or 
systems, and to pay off existing bonds or indebtedness thereon at the 
time of said purchase, at any time thereafter that the financial condi- 
tion of the municipality will permit : Provided, also, an appropriation 
having been made therefor, such municipality may constitute and make 
any bond falling due during the current year and secured by a trust 
deed on such system or systems and issued to procure funds to build 
and construct the same, a bond of said city, for such year and levy and 
collect a tax to pay the same : Provided, such action does not increase 
the bonded indebtedness of said municipality in excess of the constitu- 
tional limit of such year, for which said tax is to be levied and collected. 



CITIES, VILLAGES AND TOWNS — CIVIL SERVICE. 203 



§ 4. To enable cities, incorporated towns or villages to promote and 
procure the building, construction and installation of water and sewer 
systems, when it becomes necessary for public health and welfare or 
better sanitary conditions of such municipality, such city, village or in- 
corporated town is hereby authorized to contract with any person, firm 
or corporation for a supply of water for public uses and for sewerage 
for drainage and sanitary purposes of such municipality for a period 
not exceeding thirty years ; any contract made and entered into by any 
municipality as aforesaid and pledged to secure the bonds issued to 
build and construct any water or sewer system shall at all times and 
under all conditions enure to the benefit of the holders of any of said 
bonds and for the payment of the same. 

§ 5. Whereas, An emergency exists, this Act shall be in full force 
and effect from and after its passage. 

Approved May 20, 1907. 



CIVIL SERVICE. 



STATE CHARITABLE INSTITUTIONS — EXEMPTIONS FROM CLASSIFIED 

SERVICE. 

§ 1. Amends section 11, Act of 1905. § 11. Who not included in clas- 

sified service. 

(Senate Bill No. 100. Approved April 19, 1907.) 

An Act to amend section n of an Act entitled, "An Act to regulate 
the civil service of the State of Illinois" approved May u, 1905, and 
in force July 1, 1905. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section 11 of an Act entitled, 
"An Act to regulate the civil service of the State of Illinois," approved 
May 11, 1905, and in force July 1, 1905, be amended so as to read as 
follows: "All members of charitable boards, trustees, treasurers and 
commissioners, superintendents of charitable institutions and one chief 
clerk or deputy and one stenographer for each institution to which the 
provisions of this Act shall apply, shall not be included in the classified 
service." 

Approved April 19, 1907. 



204 CIVIL SERVICE. 



STATE CHARITABLE INSTITUTIONS — REVISION. 

§ 1. Amends sections 4. 6, 9, 10, 12, 18, I § 10. Appointments to classified 

19 and 35, Act of 1905. service. 

§ 12. Removals — reductions — 
suspensions. 



§ 4. Rules. 

§ 6. Examinations 

§ 9. Promotions. 



§ 18. Salaries and expenses. 
§ 19. Frauds prohibited. 
§ 35. What officers to prosecute. 
(Senate Bill No. 488. Approved May 25, 1907.) 

An Act to amend sections 4, 6, 9, 10, 12, 18, 19 and 35 of an Act en- 
titled, "An Act to regulate the civil service of the State of Illinois," 
approved May 11, 1905, in force July 1, 1905. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 4, 6, 9, 10, 12, 18, 19 
and 35 of an Act entitled, "An Act to regulate the civil service of the 
State of Illinois," approved May 11, 1905. in force July 1, 1905, be and 
the same is hereby amended to read as follows : 

§ 4. Rules.] Said commission shall make rules to carry out the 
purposes of this Act ; and for examinations, appointments and removals, 
in accordance with the provisions thereof and the commission may from 
time to time make changes in the rules. 

§ 6. Examinations.] All applicants for offices or places in said 
classified service, except those mentioned in section 11, shall be sub- 
jected to examination, which shall be public, competitive, and free to all 
citizens of the State of Illinois, with limitations specified in the rules 
of the commission as to residence, age, sex, 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 discharge the duties of the posi- 
tions to which they seek to be appointed, and may include tests of physi- 
cal qualifications and health, and when appropriate, of manual skill. 
No questions in any examination shall relate to political or religious 
opinions or affiliations. The commission shall control all examinations 
and may, whenever an examination is to take place, designate a suit- 
able number of persons, either in or not in the official service of the 
State, to be examiners, and it shall be the duty of such examiners, and 
if in the official service it shall be a part of their official duty without 
extra compensation, to conduct such examination as the commission 
may direct, and to make return or report thereof to said commission; 
and the commission may at any time substitute any other person, 
whether or not in such service, in the place of any one so selected ; and 
the commission may themselves at any time act as such examiners, and 
without appointing examiners. The examiners at any examination 
shall not all be members of the same political party. Whenever the 
list of persons examined and eligible for original appointment for any 
position in the classified service shall be less than five, the commission 
shall hold an examination for such position. 



CIVIL SERVICE. 205 



§ 9. Promotions.] The commission shall, by its rules, provide 
for promotions in such classified service, and shall provide that any 
vacancy shall be filled by promotion where, in the judgment of the 
commission, it will be for the best interests of the service to fill such 
vacancy. If, in the judgment of the commission, it is not for the best 
interests of the service to fill such vacancy by promotion, then such 
vacancy shall be filled by an original entrance examination. All exam- 
inations for promotion shall be limited to such members of the lower 
ranks or grades who, by the rules of the commission are in the line of 
promotion, and it shall be the duty of the commission to certify to the 
appointing power the name and address of the applicant for each pro- 
motion having the highest rating. The method of .examination and the 
rules governing same shall be the same as provided for applicants for 
original appointments. 

§ 10. Appointments to Classified Service.] The head of a de- 
partment, office or institution in which a position classified under this 
Act is to be filled shall notify said commission of that fact and said 
commission shall certify to the appointing officer the names and ad- 
dresses of three candidates standing highest upon the register for the 
class or grade to which said position belongs, and the head of such 
department, office or institution, shall appoint one of the three so certi- 
fied and after a candidate has been certified three times by the com- 
mission and shall not have been appointed by the head of the depart- 
ment, office or institution, his name shall be stricken from the register. 
In making such certification sex shall be disregarded, except when some 
statute, the rules of said commission, or the appointing power specifies 
sex. Persons who were engaged in the military or naval service of the 
United States during the years 1861, 1862, 1863, 1864 or 1865, and who 
were honorably discharged therefrom, shall be preferred for appoint- 
ment to civil offices, provided they are found to possess the business 
capacity necessary for the proper discharge of the duties of such office, 
and it shall be the duty of the examiner or commissioner certifying 
the list of eligibles who have taken the examinations provided for in 
this Act, to place the name or names of such persons at the head of the 
list of eligibles to be certified for appointment. The appointing officer 
shall notify said commission of each position to be filled separately, and 
shall fill such place by appointment from the persons certified to him 
by said commission therefor. Said commission may strike off the 
names of all candidates from any eligible list after they have remained 
thereon more than two years. 

§ 12. Removals, Reductions and Suspensions.] No person shall 
be removed from the classified service or reduced in grade or compen- 
sation, except as hereinafter provided. Whenever it will promote the 
efficiency of the service, removals from the classified service or reduc- 
tions in grade or compensation, or both, may be made in any department 
of such service by the appointing power in the manner following : The 
person sought to be removed shall be served with a copy of the order 
of removal and notice of suspension from such service and also written 
specifications ; and such person shall have not less than three nor more 



206 CIVIL SERVICE. 



than seven days to answer the same in writing. A copy of the order, 
specifications, and answer, if any, shall be filed with the civil service 
commission, which shall promptly approve or disapprove of such order. 
Said commission may in its discretion investigate any removal or reduc- 
tion and shall investigate any such case which it has reason to believe 
has not been made for the purpose and in the manner herein provided. 
Such suspension shall be without pay : Provided, however, that said 
commission in case of a disapproval may direct that pay shall be re- 
stored. Reductions in grade or compensation, or both, shall be made 
in the like manner, as near as may be, but without suspension pending 
such approval or disapproval. A copy of said papers in each case shall 
be made a part of the record of the division of the service in which the 
removal or reduction is made. No removal or reduction shall be effec- 
tive if disapproved by the commission. All decisions by said commission 
shall be final and shall be certified to the appointing power and shall be 
forthwith enforced by such officer. Nothing in this Act shall limit the 
power of any officer to suspend a subordinate without pay for cause 
assigned in writing, a copy of which shall be delivered to such subor- 
dinate. Such suspension shall be for a reasonable period, not exceeding 
thirty days, and any suspension may be investigated by said civil service 
commission. In the course of any investigation provided for in this sec- 
tion each member of the civil service commission shall have the power 
to administer oaths, and said commission shall have the power to secure 
by its subpoena both the attendance and testimony of witnesses, and 
the production of books and papers relevant to such investigation. 

§ 18. Salaries and Expenses.] Each of said commissioners shall 
receive a salary of three thousand dollars a year; the chief examiner 
shall receive a salary of three thousand five hundred dollars a year, and 
said commissioners and chief examiner shall be paid their necessary 
traveling expenses. Any person not at the time in the official service of 
the State, serving as a member of the board of examiners, or of a trial 
board, shall receive compensation for every day actually and necessarily 
spent in the discharge of his duty as an examiner or a member of the 
trial board, at the rate of not exceeding five dollars per day and neces- 
sary traveling expenses. Said commission may also incur necessary 
expenses for clerk hire, stationery, printing, and other incidental ex- 
penses, and the said salaries and expenses shall be allowed and paid in 
the same manner as the salary and expenses of the Governor's office. 

§ 19. Frauds Prohibited.] No person or officer shall wilfully or 
corruptly, by himself, or in cooperation with one or more persons, 
defeat, deceive or obstruct any person in respect to his or her right of 
examination hereunder; or corruptly or falsely mark, grade, estimate 
or report upon the examination or proper standing of any person exam- 
ined hereunder or aid in so doing; or wilfully or corruptly make any 
false representation concerning the same or concerning the person 
examined; or wilfully or corruptly furnish to any person any special 
or secret information for the purpose of either improving or injuring 
the prospects or chances of any person so examined, or to be exam- 
ined, being appointed, employed or promoted. And no applicant for 



CIVIL SERVICE — CONVEYANCES. 207 



any examination shall wilfully or corruptly by himself, or in coopera- 
tion with one or more persons, deceive the said commission with refer- 
ence to his identity, or wilfully or corruptly make any false represen- 
tations in his application for any examination, or commit any fraud 
for the purpose of improving his prospects or chances in such examin- 
ation. 

§ 35- What Officers to Prosecute.] Prosecutions for violation 
of this Act may be instituted either by the Attorney General or by the 
State's Attorney for the county in which the offense is alleged to have 
been committed, or by the commission acting through special counsel. 
Such suits shall be conducted and controlled by the prosecuting officers 
who institute them unless they request the aid of other prosecuting 
officers. 

Approved May 25, 1907. 

CONVEYANCES. 



registration of land titles— indemnity fund. 

§ 1. Amends sections 101 and 102, Act § 102. Action to recover for 

of 1897. loss or damage — in- 

demnity fund — pay- 
§ 101.. Proceedings to recover ment of claims, 

compensation for loss 
or damage. 

(Senate Bill No. 483. Approved Mat 24, 1907.) 

An Act to amend sections ioi and 102 of an Act entitled, "An Act 
concerning land titles," approved and in force May 1, i8p?. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 101 and 102 of an 
Act entitled, "An Act concerning land titles," approved and in force 
May 1, 1897, be amended as follows : 

§ 101. Any person sustaining loss or damage through any omission, 
mistake or misfeasance of the registrar, or of any examiner of titles, 
or of any deputy or clerk of the registrar in the performance of their 
respective duties under the provisions of this Act, and any persons 
wrongfully deprived of any land or any interest therein, through the 
bringing of the same under the provisions of this Act, or by the regis- 
tration of any other person as owner of such land, or by any mistake, 
omission or misdescription in any certificate, or in any entry or memo- 
randum in the register book, or by any cancellation, and who by the 
provisions of this Act is barred or in any way precluded from bringing 
an action for the recovery of such land or interest therein, or claim 
upon the same, shall have a right of action for the damages thus sus- 
tained against the county in which such land shall be registered, and 
may file a claim with the county board, or bring an action at law 
against the county in which said land is situated for the recovery of 
such damages. 

§ 102. Said indemnity fund shall be held to satisfy judgments ob- 
tained or claims allowed against the county for losses or damages as 



208 



CONVEYANCES. 



aforesaid. Such claims for damages may be presented to the county 
board, and such county boards are hereby authorized and empowered 
to allow or reject the same in accordance with such practice as may be 
by them adopted, and to provide for the payment of such claims as may 
be allowed. The rejection of any claim so presented shall be no bar 
to the bringing of suit for the same in any court of competent jurisdic- 
tion. No claims for such losses or damages shall be allowed and paid 
by any such county board unless upon the recommendation of the regis- 
trar who shall be in office at the time said claim shall be allowed. Upon 
the rendition of a judgment by a court of competent jurisdiction upon 
such claim, or upon the allowing of such claim by the county board, 
payment thereof shall only be made upon the order of such county 
board. Until the indemnity fund provided as aforesaid shall have been 
exhausted, payment for any such losses or damages shall be made out 
of such fund. 

Approved May 24, 1907. 



REGISTRATION OF LAND TITLES— REVISION. 



Amends sections 11. 18, 48, 93, 94 
and 108 : repeals sections 70 to 
79, inclusive, and adds sections 
70, 71 and 72 to Act of 1897. 

§ 11. Application to come under 
Act — what to contain 
— adverse claims. 



§ 18. Examination of applica- 
tion — abstract of title 
as evidence. 

§ 48. Memorandum of transfer 
on original certificate. 



order of 



§ 70. Transmission 
of court. 

§ 71. Petition for transfer of 
property of deceased 
registered owner — pro- 
ceedings. 

§ 72. Order of court subject to 
review. 

§ 93. Proceedings in chancery. 



§ 94. Person feeling aggrieved by 
action of registrar may 
file bill, etc. 

§ 108. Registrar's fees — repeal. 

(House Bill No. 710. Approved May 24, 1907.) 



An Act to amend sections n, 18, 48, 93, p<[ and 108 of an Act entitled, 
"An Act concerning land titles," approved and in force May 1, 
i8p7, and to repeal sections 70, 71, 72, 73, 74, 75, 76, 77, 
78 and 79 of the same Act, and to add three new sections to be known 
as sections 70, 71 and 72. 

Section i. Be it enacted by the People of the State of Illinois rep- 
resented in the General Assembly: That sections 11, 18, 48, 93, 94 and 
108, of an Act entitled, "An Act concerning land titles," approved and 
in force May 1, 1897, be amended as herein set forth. That sections 
70, 71, 72, 73, 74, 75, 76, 77, 78 and 79, of the said Act be repealed, 
and that three new sections be added to be known as sections 70, 71 
and 72. 

§ 11. The application shall be in writing, signed and sworn to by 
the applicant or the person acting in his behalf. It shall set forth sub- 
stantially : 



CONVEYANCES. 



209 



a. The name and place of residence of the applicant, and if the 
application is by one acting in behalf of another, the name and place of 
residence and capacity of the person so acting. 

b. Whether the applicant (except in the case of a corporation) is 
married or not, and if married, the name and residence of the husband 
or wife. 

c. The description of the land. 

d. The applicant's estate or interest in the same, and whether the 
same is subject to an estate of homestead. 

e. Whether the land is occupied or unoccupied, and, if occupied by 
any other person than the applicant, the name and postoffice address of 
each occupant, and what estate or interest he has or claims in the land. 

f. Whether the land is subject to any lien or encumbrance, and, if 
any, give the nature and amount of the same, and, if recorded, the book 
and page of record ; also give the name and postoffice address of each 
holder thereof. 

g. Whether any other person has any estate or claims any interest 
in the land, in law or equity, in possession, remainder, reversion or ex- 
pectancy, and if any, set forth the name and postoffice address of every 
such person and the nature of his estate or claim. 

h. In case it is desired to settle or establish boundary lines the names 
and postoffice addresses of all the owners of the adjoining lands that 
may be affected thereby, so far as he is able, upon diligent inquiry, to 
ascertain the same. 

i. If the applicant is a male, that he is of the full age of twenty-one 
years; if a female, that she is of the full age of eighteen years. If the 
application is on behalf of a minor, the age of such minor shall be 
stated. If the application is by husband or wife, the other shall by 
endorsement thereon acknowledge as in the case of deeds or by a 
separate instrument acknowledged in the same way signify his or her 
assent to the registration as prayed. 

j. When the place of residence of any person whose residence is 
required to be given is unknown, it may be so stated if the applicant 
will also state that upon diligent inquiry he has been unable to ascertain 
the same. All persons named in the application shall be considered as 
defendants thereto, and all other persons shall be included and consid- 
ered as defendants by the term "all of whom it may concern." 

k. Where any person or persons have or claim any interest adverse 
to the applicant in any county where the records have been burnt or 
destroyed by fire, and the record of such adverse claim has been so 
burnt or destroyed, and where the existence of such adverse claim and 
the name or names of the person or persons making the same are un- 
known to the applicant, and where such adverse claim has not become 
a matter of public record since the destruction of the record thereof 
by fire, it shall be sufficient to designate the person or persons having 
or making such adverse claim defendants by the term "all whom it 
may concern." 

§ 18. Immediately upon the filing of the application, an order may 
be entered referring the same to one of the examiners of title appointed 

— 14 L 



210 CONVEYANCES. 



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 occupation, if occupied, 
and by what right, and make report in writing to the court, the sub- 
stance of the proof and his conclusions therefrom. He shall have 
power to administer oaths and examine witnesses, 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 con- 
troverted by other competent proofs. He shall not be required to report 
to the court the evidence submitted to him, except upon the request of 
some party to the proceeding, or by the direction of the court. No re- 
port 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. 

§ 48. If the land described in the certificate of title is divided into 
blocks, or lots designated by numbers or letters, or if the land which 
is described in the certificate shall have been subdivided into blocks and 
lots since the initial registration thereof and a plat thereof, made in 
conformity with the statutes concerning the making of plats, shall have 
been filed in the office of the registrar, then when the registered owner 
makes a deed of transfer in fee of one or more of such blocks or lots 
the registrar may, instead of cancelling such certificate and entering a 
new certificate to the grantor for the part of the land not included in 
the transfer, enter on the original certificate and on the owner's dupli- 
cate a memorial of such deed of transfer and that the certificate is 
cancelled as to such blocks or lots. Every such certificate with such 
memorandum shall be as effectual for the purpose of showing the 
grantor's title to the remainder of the land not conveyed as if the old 
certificate had been cancelled and a new certificate of such land had been 
entered; and such process may be repeated so long as there is con- 
venient space upon the original certificate and the owners duplicate 
certificate for making such memorandum of the sale of blocks or lots. 

§ 70. Lands and any estate or interest therein registered pursuant 
to this Act, shall upon the death of the owner, descend to his heirs or 
devisees or escheat to the State according to the statutes of descent and 
of wills and the laws governing the same in force at the time of the 
death of such owner, the same as if the said land had remained un- 
registered, but not [no] transfer thereof shall be made by the registrar 
until he shall be directed so to do by an order of court entered pur- 
suant to the following section. 

§ 71. Any heir or devisee of any deceased registered owner, who 
may be interested in the land as heir or devisee and who may desire to 
have such land transferred to the person or persons entitled thereto, 
may file a petition for that purpose in the circuit court of the county in 



CONVEYANCES. 211 



which the land is registered, setting forth in brief all the facts upon 
which his claim of interest is based and setting forth the names and 
rights of all persons interested in the land ; such petition shall name as 
parties thereto all persons having any interest in the land as heirs or 
devisees, and all persons so named as defendants shall be brought into 
court by summons or by publication of notice of the filing of said peti- 
tion in the manner provided by sections 19, 20 and 21 of this Act, unless 
they shall in writing consent to the prayer of the petition. And if there 
be persons interested in the land whose names are unknown they may 
be made defendants by the title "All whom it may concern," and when- 
ever unknown persons are thus made defendants, notice of the filing of 
such petition shall be given in the manner provided in section 20 of 
this Act. The court shall refer such petition to one of the examiners 
of titles, who shall investigate the facts therein contained and his 
powers in making such investigation shall be similar to those given to 
him under section 18 of this Act. 

The report of the examiner of titles in such cases shall not be con- 
clusive upon the court, but it may hear and consider other and further 
evidence. 

The court shall find the rights and interests of all persons interested 
in the land and shall order and direct the registrar to transfer the land 
in accordance with the finding of the court. 

§ 72. The order of the court, made in pursuance of the foregoing 
section, shall be conclusive upon all persons made defendants to said 
petition whether by name or by the description of "All whom it may 
concern," except that such order may be subject to review in the same 
manner as is provided in section 26 of this Act for the review of de- 
crees for the initial registration of land. 

§ 93- Whenever any person interested in registered land, or any 
estate or interest therein, or charge upon the same, shall be entitled to 
have any certificate of title, memorial or other entry upon the register 
cancelled, removed or modified, and the registrar or person whose duty 
it shall be to cancel, remove or modify the same, shall upon request, 
fail or refuse so to do, or is absent from the county, or can not be found, 
or for any reason such request cannot be made upon him, or where 
under the provisions of this Act the registrar has no power or authority 
to make a transfer until he shall have been directed so to do by an 
order of court, the circuit court of the county where the land is regis- 
tered, may upon petition by the person interested, make such order as 
may be according to equity in the premises. 

And in every proceeding in which a final decree shall have been 
entered directing the registration of any tract or parcel of land the 
court shall retain jurisdiction to enter any order which may be proper 
to give effect to the provisions of this section. 

§ 94. Any person feeling himself aggrieved by the action of the 
registrar, or by his refusal to act in any matter pertaining to the first 
registration of land, or any estate or interest therein, after the first 
registration of any transfer of or charge upon the same, the filing or 
neglect or refusal to file anv instrument, or to enter or cancel anv me- 



212 CONVEYANCES. 



morial or notation, or to do any other thing required of him by this 
Act, may file his petition in the circuit court in the proceeding in which 
the land was registered, making the registrar and other persons, whose 
interest may be affected, parties defendant, and the court may proceed 
therein and make such order or decree as shall be according [to] equity 
in the premises and the purport of this Act. Nothing in this section 
contained shall bar such person from filing an original bill or petition 
in such cases in equity in any court of competent jurisdiction. 
§ 1 08. The fees to be paid to the registrar shall be as follows : 
At or before the time of referring the application for initial registra- 
tion, the applicant shall advance and pay to the registrar the sum of 
$15.00, which shall be in full of all services of the registrar and exam- 
iners up to the granting of the certificate of title. In proper cases the 
court may direct the payment of such further fees by the applicant or 
any defendant as it may determine. When the application includes 
titles derived from more than one source, an additional sum of $5.00 
for each source shall be advanced. 

For granting certificate of title upon each application and reg- 
istering the same $2 00 

For registering each transfer, including the filing of all instru- 
ments connected therewith and the issue and registration of 
the new certificate of title $3 00 

For entry of each memorial on the register, including the filing 
of all instruments and papers connected therewith and en- 
dorsements upon duplicate certificates $3 00 

For filing copy of will with letters testamentary of filing copy of 

letter of administration and entering memorial thereof $5 00 

For the cancellation of each memorial or charge $1 00 

For each certificate showing condition of the register $1 00 

For any certified copy of register or any instrument of writing on 
file in his office, the same fees now allowed by law to recorders of 
deeds for like services. 

Sections 70, 71, 72, 73, 74, 75. 76, yy, 78 and 79, of the Act entitled, 
"An Act concerning land titles," approved and in force May 1, 1897, 
are hereby repealed. 

Approved May 24, 1907. 



CORONERS. 213 



CORONERS. 



CORONER'S INQUEST. 

| 1. Amends sections 10 and 18, Act of I § 18. As amended, testimony 

1874. may be taken in short- 

hand — witnesses need 
§ 10. As amended, provides for i not sign transcript, 

filling vacancies in jury 
at second hearing. 

(Senate Bill No. 59. Approved May 17, 1907.) 

An Act to amend sections 10 and 18 of an Act entitled ,"An Act to 
revise the law in relation to coroners," approved February 6, 1874, 
in force July 1, 18/4, as amended as to said section 10 by an Act 
approved May 31, 1879, in force July 1, 1879. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 10 and 18 of an Act 
entitled, "An Act to revise the law in relation to coroners," approved 
February 6, 1874, in force July 1, 1874, as amended as to said section 
10 by an Act approved May 31, 1879, * n force July 1, 1879, De an< ^ the 
same are hereby amended so as to read as follows : 

§ 10. To Take Charge of Body — Jury.] Every coroner, when- 
ever and as soon as he knows or is informed that the dead body of any 
person is found, or lying within his county, supposed to have come to 
his or her death by violence, casualty or any undue means, he shall re- 
pair to the place where the dead body is, and take charge of the same 
and forthwith summon a jury of six good and lawful men of the neigh- 
borhood where the body is found or lying, to assemble at the place 
where the body is at such time as he shall direct, and upon view of the 
body to inquire into the cause and manner of the death. Where, how- 
ever, after said jury has viewed said body and the inquest has been 
continued by the coroner to a future date, and some of said jurors not 
exceeding three, fail to appear at said inquest because of death, moving 
from State, or other sufficient reasons, it shall be lawful for the coroner 
in such case to fill said vacancy or vacancies with good and lawful men 
of the same neighborhood. It shall not be necessary in such case to 
exhume the body in order that it may be viewed by said substituted 
jurors. 

§ 18. Testimony Reduced to Writing, Etc.] The coroner shall 
cause the testimony of each witness who may be sworn and examined 
at any inquest to be written out and signed by said witness, together 
with his occupation and place of residence, which testimony shall be 
filed with said coroner in his office and carefully preserved : Provided, 
the coroner may cause the testimony of such witnesses to be taken in 
shorthand minutes and transcribed by a competent person, who shall 
certify that the transcript of the evidence so taken and transcribed by 
him is a true and correct copy of the original minutes taken at said 
inquest and is a true and correct statement of the testimony of each of 
the several witnesses who have testified at said inquest. Which said 
transcript shall be filed and carefully preserved in the office of the 



214 CORONERS — CORPORATIONS. 



coroner: And, provided, further, that whenever the testimony of the 
several witnesses at such inquest shall have been taken in shorthand 
minutes and transcribed as above provided for, the several witnesses 
shall not be required to sign such transcript or other statement of his 
testimony. 

Approved May 17, 1907. 

PERMISSION TO EMBALM DEAD BODY. 

§ 1. Adds section 25 to Act of 1874. § 25. Embalming without con- 

sent of coroner — pen- 
I alty. 

(Senate Bill No. 61. Approved May 17, 1907.) 

An Act to amend an Act entitled, "An Act to revise the law in relation 
to coroners, 1 ' approved February 6, 18/4, in force July 1, 18/4, by 
adding thereto a new section to be known as section 25. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That an Act entitled, "An Act to 
revise the law in relation to coroners/' approved February 6, 1874, in 
force July I, 1874, be amended by adding thereto the following section : 

§ 25. No undertaker or other person shall embalm the dead body 
of any person with, or inject therein, or place thereon any fluid or 
preparation of any kind before obtaining permission from the coroner 
where such body is the subject of a coroner's inquest. Any person who 
shall violate the provision of this section shall be deemed guilty of a 
misdemeanor and upon conviction shall be fined not exceeding fifty 
dollars ($50.00). 

Approved May 17, 1907. 

CORPORATIONS. 



G. A. R. AND UNITED SPANISH WAR VETERANS. 



§ 4. Dissolution — disposition of prop- 
erty. 

§ 5. Construction of Act. 

§ 6. Act 1905 repealed. 



§ 1. Organization of post under general 
corporation law — title to prop- 
erty. 

§ 2. Consolidations — title to property. 

§ 3. Cemetery lots — care and mainte- 
nance. 

(Senate Bill No. 46. Approved May 17, 1907.) 

An Act concerning the property of posts of the Grand Army of the 
Republic and camps of the United Spanish War Veterans, and to pro- 
vide for the care and preservation thereof and to repeal a certain 
Act therein named. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: Whenever any post of the Grand 
Army of the Republic, camp of the United Spanish War Veterans or 
Army of the Philippines in this State shall organize itself into a corpor- 



CORPORATIONS. 215 



ation or association under those provisions of an Act entitled, "An Act 
concerning corporations," approved April 18, 1872, and all amendments 
thereto relating to the formation of societies, corporations and associa- 
tions, not for pecuniary profit, the title, to all property of such post or 
camp, real and personal, whether the same have been theretofore held 
in its own name, or in the name or names of any of its officers, or mem- 
bers or otherwise, in trust for said post or camp, shall immediately vest 
in, and belong to, such society, corporation or association by the name 
adopted by it upon such organization. 

§ 2. Whenever two or more Grand Army posts, or camps of United 
Spanish War Veterans, or Army of the Philippines shall become con- 
solidated, in pursuance of any general law of the Grand Army of the 
Republic, or the United Spanish War Veterans, or Army of the Phil- 
ippines, the title to the property of any incorporated posts or camps so 
consolidated shall remain therein until the consolidated post or camp 
shall become incorporated or organized under said Act, whereupon the 
title to all property of the consolidated posts or camps shall immedi- 
ately vest in such consolidated post or camp by such name as may be 
adopted by it. 

§ 3. Whenever any Grand Army post or any camp of United Span- 
ish War Veterans, or Army of the Philippines, whether incorporated 
or unincorporated, shall own any lot in any cemetery, for the interment 
of the remains of its deceased members, or their families, and shall 
desire to provide for the proper care of said lot, after said post or camp 
shall, in the ordinary course of nature, have ceased to exist, it shall be 
lawful for such post or camp to convey such lot. in trust for that pur- 
pose, to the city, town or village in which such post or camp is located, 
and for such city, town or village to accept such conveyance upon such 
trust, to take effect upon the final dissolution of said post or camp, by 
the death of its members, or otherwise. And thereupon from and after 
such dissolution, said city, town or village shall have full power in its 
own name, and it shall be its duty to enforce the observance of any con- 
tract which may have been made by said post or camp with any person 
or corporation, for the care of said lot. and of any monument or monu- 
ments thereon, and whenever necessary to do so, to appropriate and pay 
out of the general funds of said city, town or village, such sum or sums 
as may from time to time be required for the reasonable care and main- 
tenance of such lot and the monuments thereon. 

§ 4. Whenever any Grand Army post or any camp of United Span- 
ish War Veterans, or Army of the Philippines, whether incorporated 
or unincorporated, shall cease to exist, being seized or the owner in 
law, or in equity, of any cemetery lot wherein are interred the remains 
of deceased members of the Grand Army of the Republic, or the United 
Spanish War Veterans, or Army of the Philippines, or of their families, 
and without having made other disposition of said lot, the title to such 
lot shall immediately vest in the city or village where such post or camp 
was located, or, if located outside of any incorporated town, city or 
village, in the county board of the county, which shall thereupon or 
thereafter have the same powers and duties in reference thereto, as 



216 CORPORATIONS. 



though the same had been conveyed to it by such post or camp, as pro- 
vided in section 3 of this Act. All other property of such post or camp, 
not theretofore disposed of by it, shall be delivered and belong to the 
Grand Army Hall and Memorial Association of Illinois. 

§ 5. Nothing herein contained shall conflict with or in any wise 
impair any law, rule or regulation of the National or Illinois State 
encampments of the Grand Army of the Republic, or of any National 
or Illinois State convention of the United Spanish War Veterans, or 
Army of the Philippines respecting the subject of this Act. 

§ 6. An Act entitled, "An Act concerning the property of posts of 
the Grand Army of the Republic, and to provide for the preservation 
thereof," approved May 18, 1905, in force July I, 1905, is hereby re- 
pealed. 

Approved May 17. 1907. 

POOLS, TRUSTS AND COMBINES 



Preamble. 

§ 1. Amends section 7a, Act of 1891. 



§ 7a. Affidavit filed with Secre- 
tary of State — failure 
to file after ten days' 
notice by State's attor- 
ney. 



(House Bill No. 47. Approved May 25, 1907.) 

An Act to amend section ?a of an Act entitled, "An Act to provide for 
the punishment of persons, copartnerships or corporations forming 
pools, trusts and combines, and mode of procedure and rules of evi- 
dence in such cases," approved June n, 189 1, and in force July 1, 
1891, as amended by Act approved June 20, 1893, an, d lw force 
July 1, 1893. 

Whereas, Numerous corporations in this State, many of them of 
small capital, have become liable to prosecution under the said anti- 
trust Act for inadvertent failure to file affidavits thereby required, and 
that said Act imposes severe penalties for such failure, and, 

Whereas, The purpose of such Act is to repress trusts and not to 
oppress small corporations, therefore, 

Section i. Be it enacted by the People of the State of Illinois, rep- 
represented in the General Assembly: That section 7a of an Act en- 
titled, "An Act to provide for the punishment of persons, copartner- 
ships, or corporations forming pools, trusts and combines, and mode of 
procedure and rules of evidence in such cases," approved June 11, 1891, 
and in force July 1, 1891, as amended by Act approved June 20, 1893, 
and in force July 1, 1893, be amended so as to read as follows: 

§ 7a. It shall be the duty of the Secretary of State, on or about the 
first day of September of each year, to address to the president, sec- 
retary or treasurer of each incorporated company doing business in this 
State, whose postoffice address is known or may be ascertained, a 
letter or inquiry as to whether the said corporation has all or any part 
of the business or interest in or with any trust, combination or associa- 
tion of persons or stockholders, as named in the preceding provisions 



CORPORATIONS. 217 



of this Act, and to require an answer, under oath, of the president, sec- 
retary or treasurer, or any director of said company, a form of affidavit 
shall be enclosed in said letter of inquiry, as follows : 



AFFIDAVIT. 

State of Illinois, 
County of 



ss. 



I, , do solemnly swear that I am the 

(president, secretary, treasurer or director) of the corporation known 

and styled , duly incorporated under the laws of 

on the day of , 18 . . . . , . 

and now transacting or conducting business in the State of Illinois, 
and that I am duly authorized to represent said corporation in the 
making of this affidavit ; and I do further solemnly swear that the said 

, known and styled as aforesaid, has not since the 

day of (naming the day upon which this 

Act takes effect) created, entered into or become a member of or a 

party to, and was not, on the day of , nor 

at any day since that date, and is not now, a member of or a party to 
any pool, trust, agreement, combination, confederation or understand- 
ing with any other corporation, partnership, individual or any other 
person or association of persons, to regulate or fix the price of any ar- 
ticle of merchandise or commodity, and that it has not entered into or 
become a member of or a party to any pool, trust, agreement, contract, 
combination or confederation to fix or limit the amount or quantity of 
any article, commodity or merchandise, to be manufactured, mined pro- 
duced or sold in this State; and that it has not issued and does not 
own any trust certificates, and for any corporation, agent, officer, or 
employe, or for the directors or stockholders of any corporation, has 
not entered into and is not now in any combination, contract or agree- 
ment with any person or persons, corporation or corporations, or with 
any stockholder or director thereof, the purpose and effect of which 
said combination, contract or agreement would be to place the man- 
agement or control of such combination or combinations, or the man- 
ufactured product thereof, in the hands of any trustee or trustees, with 
the intent to limit or fix the price or lessen the production and sales 
of any article of commerce, use or consumption, or to prevent, restrict 
or diminish the manufacture or output of such article. 



(President j Secretary, Treasurer or Director.) 
Subscribed and sworn to before me, a within 

and for the county of , this day of 

,19.... 

(Seal.) 

And on refusal to make oath to said inquiry or on failure to do so 
within thirty days from the mailing thereof, the Secretary of State 
shall certify that fact to the Attorney General, whose duty it shall be 
to direct the State's attorney of the county wherein such corporation 



218 CORPORATIONS — COUNTIES. 



or corporations are located, and it is hereby made the duty of the State's 
attorney, under the direction of the Attorney General, at the earliest 
practical moment, in the name of the People of the State of Illinois, 
and at the relation of the Attorney General to proceed against such 
corporation for the recovery of a penalty of fifty dollars for each day 
after such refusal to make oath, or failure to make said oath within 
the thirty days from the mailing of said notice, or the Attorney General 
may, by any proper proceedings in a court of law or chancery, proceed 
upon such failure or refusal, to forfeit such charter of such incorporated 
company or association incorporated under the general laws, or by any 
special law of this State, and to revoke the rights of any foreign cor- 
poration located herein to do business in this State : Provided, however, 
that before any such suit or prosecution as contemplated by this Act 
shall be instituted against any person, persons, co-partnerships or cor- 
porations failing to file such affidavit within said thirty days from the 
mailing of such notice from the Secretary of State, as aforesaid, it 
shall be the duty of the State's attorney of the county where such per- 
son, co-partnership or corporation is located, to give such person, co- 
partnership or corporation ten days' notice in writing of the intention 
to institute such suit or proceeding: And, provided, further, that if 
such person, co-partnership or corporation shall then within such period 
of ten days make and file such affidavit in the office of the Secretary of 
State, no penalty shall attach and no suit or proceeding shall be insti- 
tuted against such person, co-partnership or corporation. 
Approved May 25, 1907. 



COUNTIES. 



COOK COUNTY— UNIFORM SYSTEM OF ACCOUNTS. 

1. Adds section 62a to Act of 1874. § 62a. Auditor appointed by 

county board — uniform 
system of books of ac- 
counts, reports, etc. 

(House Bill No. 517. Appeoted Mat z4, 1907.) 

An Act to amend an Act entitled, "An Act to revise the law in relation 
to counties," approved and in force March 31st, 1874, and all Acts 
amendatory thereto. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That, "An Act to revise the law in 
relation to counties," approved and in force March 31st, 1874, and all 
Acts amendatory thereto, be and the same is hereby amended by adding 
thereto the following to be known as section 62a : 

§ 62a. That in- the county of Cook there is hereby created the office 
of Auditor who shall be appointed by the president of the county board 
by and with the advice and consent of said board, and whose compen- 
sation and official bond shall be fixed by said board ; and there shall be 
formulated, installed and regulated by and under the direction and 



COUNTIES. 219 



authority of the said county board a uniform system of books of ac- 
count, forms, reports and records to be used in the offices of every 
county officer of Cook county which said system of books of account, 
forms, reports and records so formulated under the direction of the said 
county board and installed and regulated shall be used by said county 
officers for the purpose of keeping an accurate statement of monies 
received by them and all the financial and business transactions of 
their respective offices; and said Auditor shall audit or cause to be 
audited from day to day the receipts of the said several offices and 
the reports of the said offices of the business transactions of their re- 
spective offices and certify to their correctness or incorrectness to the 
county board. Said Auditor shall report monthly to the county board a 
summarized and classified statement of the official transactions of each 
of the said offices of each officer of Cook county for each day of said 
month ; and the said auditor shall further make a semi-annual report to 
the county board containing a recapitulation of the receipts of the sev- 
eral offices for the preceding six months, such report to include the 
period covered by the semi-annual report of the several officers of the 
county of Cook to the county board where a semi-annual report is re- 
quired by law from said officers. 

That for the purpose aforesaid the said county board or any one au- 
thorized by it in addition to the power and authority vested in them by 
sections 51 and 52 of an Act entitled, "An Act concerning fees and 
salaries and to classify the several counties of the State with reference 
thereto," approved March 29th, 1872, in force July 1st, 1872, as 
amended by Act approved March 28th, 1874, in force July 1st 1874, 
and all Acts amendatory thereto, are hereby vested with power and 
authority to enter the office of any county officer of Cook county at all 
times and to have free and unrestricted access to all the books, papers, 
forms, reports, accounts and memoranda used by said officers for the 
transaction of the business of their respective offices for the purpose 
of auditing, checking or correcting the reports when reports to the 
county board are required from said offices by law, or compiling the 
records provided herein to be made to the county board, or auditing 
the general business of the offices. Said auditor may under the di- 
rection of the county board prescribe new forms, reports, accounts or 
records to be used by said officers in the transaction of the said business 
of their several respective offices, or change, alter or amend the same 
from time to time. The said auditor may with the authority of the 
president of the county board employ assistants, the number and com- 
pensation of whom shall be fixed by the county board. 

Approved May 24, 1907. 



220 COURTS. 

COURTS. 

CIRCUIT COURTS — CONCURRENT JURISDICTION WITH COUNTY COURTS. 

§ 1. Circuit courts given concurrent jurisdiction with county courts in farm drainage matters. 
(House Bill No. 866. Approved Mat 24. 1907.) 

An Act entitled "An Act to give circuit courts, in term time, and 
judges thereof in vacation, concurrent jurisdiction with the county 
courts, in all matters pertaining to the organisation of farm drainage 
districts, and farm drainage and levee districts and the operation 
thereof." 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That circuit courts in term time and 
the judges thereof in vacation be, and the same are hereby given con- 
current jurisdiction with county courts, in all matters pertaining to the 
organization of farm drainage districts and farm drainage and levee 
districts and the operation thereof, and when proceedings under this 
Act are pending in the circuit court such court shall have power either 
in term time or vacation, to make all necessary orders affecting the 
district or its officers as fully as is now vested in county courts, and the 
clerk of the circuit court shall, when the proceeding is pending in the 
circuit court, do and perform in the premises each and all duty or 
duties required by the clerk of the county court in drainage and levee 
matters when such proceedings are pending therein, and all reports, 
complaints, oaths, affirmations, confirmations and returns in such 
matters required to be made to the county court shall be made in the 
circuit court when the proceeding is pending therein. 

Approved May 24, 1907. 

CIRCUIT COURTS — TERMS, FIRST CIRCUIT. 

§ 1. Williamson county given an addi- I § 4. No grand jury for July term unless 
tlonal term. ordered by court. 

§ 2. Time of holding. § 5. Emergency. 

§ 3. Pending suits, etc. 

(Senate Bill No. 343. Approved April 19, 1907.) 

An Act to create one additional term of the circuit court in the county 
of Williamson, and to fix the time of holding the same. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and is hereby created 
one additional term of the circuit court in the county of Williamson. 

§ 2. That said additional term of said court shall be held on the 
second Monday in the month of July of each year. 

§ 3. That all suits, writs and processes of every kind and nature, 
either civil or criminal, heretofore commenced, or pending in the said 
circuit court, or that may be pending therein at the time this Act 



COURTS. 221 



takes effect, shall be cognizable and triable at the first term after this 
Act takes effect. 

§ 4. Provided, that no grand jury shall be summoned at the July 
term hereby created, unless so ordered by the court. 

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

Approved April 19, 1907. 

CIRCUIT COURTS— TERMS, SECOND CIRCUIT. 

§ 1. Franklin county given two addi- I § 4. No grand or traverse jury for either 
tional terms. term — exceptions. 

S 2. Time of holding. § 5. Emergency. 

§ 3. Pending proceedings cognizable at 
first term. 

(House Bill No. 24. Approved January 31, 1907.) 

An Act to create two additional terms of the circuit court in the county 
of Franklin, and to fix the time of holding the same. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and are hereby created 
two additional terms of the circuit court in the county of Franklin. 

§ 2. That said additional terms of said court shall be held on the 
first Monday in the month of February and on the second Monday in 
the month of September of each year. 

§ 3. That all suits, writs and processes of every kind and nature, 
either civil or criminal, heretofore commenced, or pending in the said 
cirucit court, or that may be pending therein at the time this Act takes 
effect, shall be cognizable and triable at the first term after this Act 
takes effect. 

§ 4. Provided, that no grand jury, or traverse jury, shall be sum- 
moned at either the February or September terms hereby created, 
unless so ordered by the court. 

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

Approved January 31, 1907. 



CIRCUIT COURTS— TERMS, FIFTH CIRCUIT. 

S 1. Amend section 6, Act of 1879. § 6. Clark county given a June 

term — no grand or petit 
jury for said term un- 
less ordered by judge. 

(House Bill No. 641. Approved April 22, 1907.) 

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 Cook," approved May 24, 1879, in 
force July 1, 1879, as amended by Act approved June 11, 1897. in 
force Jidy 1, 1897, as amended by Act approved May 14, 1903, in 
force July 1, 1903. 



222 courts. 



Section i. Be it enacted by the People of the State of Illinois, rep- 
resented 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/' ap- 
proved May 24, 1879, in force July 1, 1879, as amended by Act ap- 
proved June 11, 1897, in force July 1, 1897, as amended by Act ap- 
proved May 14, 1903, in force July 1, 1903, be, and the same is hereby 
amended to read as follows : 

§ 6. 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, the first Monday in June, and the 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 second 
Monday of January: Provided, no grand jury shall be summoned for 
the January term of Coles county unless ordered by the court: Pro- 
vided, further, that no grand jury or petit jury shall be summoned for 
the February term of Edgar county, unless ordered by the judge as- 
signed to hold such term of court: And, provided, further, that no 
grand or petit jury shall be summoned for the June term of Clark 
county unless ordered by the judge assigned to hold such term of court, 
in writing, at least thirty days prior to the first day of such June term 
of court. 

Approved April 22, 1907. 

CITY COURTS— ADDITIONAL JUDGES. 



§ 23. Salary of judges — classi- 
fication. 



§ 1. Amends sections 21 and 23, Act of 
1901. 

§ 21. How established and 
abolished — additional 

judges. 

(Senate Bill No. 312. Approved May 8, 1907,) 

An Act to amend section 21 and section 2$ of an Act entitled, "An Act 
in relation to courts of record in cities," approved May io, 1901, in 
force July 1, igoi. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section 21 and section 23 of 
an Act entitled, "An Act in relation to courts of record in cities," ap- 
proved May 10, 1901, in force July 1, 1901, be amended so as to read 
as follows: 

§ 21. Courts — How Established and Abolished.] A city court 
consisting of one or more judges, not exceeding five, and not exceeding 
one judge for every fifty thousand inhabitants, or fraction of fifty thou- 
sand and not less than three thousand, may be organized and established 
under this Act, in any city which contains at least three thousand in- 



COURTS. . 22:- 



habitants, whenever the common or city council shall adopt an ordi- 
nance or resolution to submit the question whether such court shall be 
established consisting of one or more judges, not exceeding five, as may 
be specified in such ordinance or resolution, to the qualified voters of 
such city and two-thirds of the votes cast at such election shall be in 
favor of the establishment of such court. Where such court is estab- 
lished with more than one judge, each judge may hold a separate 
branch thereof at the same time, and when holding such separate 
branch, each judge may exercise all the powers vested in such court. 
Such election shall be held and conducted, the returns thereof made 
and canvassed, and the result declared in the same manner as other city 
elections. To discontinue and disestablish any such court, precisely the 
same mode of procedure shall be requisite and necessary, and be re- 
sorted to, as for the organization of such court. Save that the discon- 
tinuance and disestablishment shall not take effect until at the expiration 
of the term of office of the then judge of said court. In the event of 
the discontinuance and disestablishment of any such court the clerk 
thereof shall transfer and deliver to the clerk of the circuit court of the 
county in which such city court is situated, all records, judgments and 
processes in possession of himself or any other officer of said court, and 
the circuit court shall thereupon acquire and be vested with jurisdiction 
in the matters to which said records, judgments, or process relate and 
may be dealt with as original records of such circuit court: Provided, 
it shall be lawful for the city council in any city where a city court has 
been established under this Act, and there is no judge or clerk of such 
court, residing within such city, and such court has ceased to do busi- 
ness for two years or more, to pass an ordinance or resolution abolish- 
ing such court, and authorize the city clerk of such city to transfer and 
deliver the records, judgments, and processes of such court to the cir- 
cuit court of the county in which such court is situated in like manner 
and with like effect, as if such had been transferred by the clerk of such 
city court : And, provided, further, that in any city where a city court 
has been established with one judge, under this or any prior Act, that 
now has, or may hereafter have, a population exceeding fifty-three 
thousand (53,000) inhabitants, as ascertained by a census taken by 
authority of the city council, the city council may by ordinance or reso- 
lution provide for the election of an additional judge of such city court, 
and fix the time when such election shall be held : Provided, there shall 
not be more than two judges for said city court until the population of 
said city shall equal one hundred and three thousand inhabitants. 

§ 23. The judges of said court shall be allowed and receive as an 
annual salary, in lieu of all other fees, perquisites, or benefits whatso- 
ever, in cities having a population not exceeding five thousand (5,000) 
inhabitants, the sum of five hundred dollars ($500.00), to be paid out 
of the city treasury ; and in cities having more than five thousand 
(5,000) and less than eight thousand (8,000) inhabitants, the sum of 
fifteen hundred dollars ($1,500) ; and in cities having more than eight 
thousand (8,000) and less than twenty-five thousand (25,000) inhab- 
itants, the sum of two thousand dollars ($2,000) ; and in cities having 



224 . courts. 



more than twenty-five thousand (25,000) inhabitants, the sum of three 
thousand dollars ($3,000), to be paid out of the city treasury: Pro- 
vided, that whenever an additional judge is elected in any city where a 
city court has been established under this or any prior Act, said addi- 
tional judge shall be allowed and receive as an annual salary, the sum 
of three thousand dollars ($3,000), to be paid out of the city treasury. 
Approved May 8, 1907. 

COUNTY COURTS — ADAMS COUNTY. 

§ 1. Amends section 9, Act 1874. I § 2. Repeal. 

§ 9. Terms In Adams county. § 3. Emergency. 

(House Bill No. 258. Appboved March 13, 1907.) 

An Act to amend section nine 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, ana * in force July 1, 1874, and as 
amended by an Act approved May 13, 1879, an d * M force July 1, 1879. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section nine (9) 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, and as amended by an Act approved May 13, 1879, in force 
July 1, 1879, be and the same is hereby amended to read as follows, 
to-wit : 

§ 9. Adams, first Monday in January, May and August. 

§ 2. All Acts and parts of Acts in conflict with this Act are hereby 
repealed. 

§ 3. Whereas, An emergency exists, therefore it is enacted that 
this Act be in force and effect from and after its passage. 

Approved March 13, 1907. 



COUNTY COURTS— PUTNAM COUNTY. 
§ 1. Amends section 86, Act of 1874. § 2. Repeal. 

§ 86. Terms in Putnam county. | 

(House Bill No. 694. Approved May 17, 1907.) 

An Act to amend section 86 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 April 13, 1875, in force July 1, 1875. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section 86 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 



COURTS. 



225 



an Act therein named," approved March 26, 1874, in force July 1, 1874, 
and as amended by an Act approved April 13, 1875, m Iorc e July 1, 
1875, be, and the same is hereby amended so as to read as follows : 

§ 86. Putnam, on the third Monday of January and July. 

§ 2. All Acts or parts of Acts in conflict with this Act are hereby 
repealed. 

Approved May 17, 1907. 



MUNICIPAL COURT OP CHICAGO. 



{ 1. Amends certain sections and adds 
five additional sections to Act of 
1905. 

§ 1. Style of conrt prescribed. 



S 2. 



Jurisdiction of court — all 
cases classified. 



§ 4. Court held in five districts — 
boundaries of districts 
prescribed — additions to 
number and change of 
boundaries provided for. 

$ 8. Number of judges — duties 
of presiding judge — du- 
ties of chief justice — 
duties of associate judge 
— vacations — b ranch 
court, first district — 
monthly meetings — sal- 
aries fixed — how paid. 

$ 9. Election of judges — terms 
of office — vacancies. 

§14. Clerk of court — election 
— duties — salary — va- 
cancy. 

<S 15. Deputy clerks — appoint- 
ment — salary — duties — 
bond. 

i 16. Bailiff— election — duties — 
salary — how paid. 

S 17. Deputy bailiff s — appoint- 
ment — duties — oath — 
bond — salary — removal. 

S 19. Practice to follow that of 
circuit courts — excep- 
tions^ — appeals and writs 
of error. 

$ 20. Additional rules of prac- 
tice — how adopted — ap- 
proval of supreme court. 

§ 21. No stated terms — court 
always open — vacation 
of judgments and de- 
crees 

§ 22. Review of final orders in 
cases of first, second 
and third classes — prac 
tice. 

i 28. Review in cases of fourth 
and fifth classes — writs 
of error — how prose- 
cuted. 



S 24. 



If 2T. 



§ 29. 

i 30. 
§ 31. 

§ 37. 
§ 38. 

8 39. 
$ 40. 

§ 41. 

S 42. 
§ 43. 

§ 44. 

if 45. 
§ 46. 
§ 47. 
§ 48. 

$ 48a. 

§ 49. 



Cases transferred from 
other courts — duty of 
State's attorney in crim- 
inal cases — practice. 

Criminal cases — how pros- 
ecuted by information — 
complaint — continuance. 

Cases of first class — how 
commenced and prose- 
cuted — exceptions. 

Cases of fourth class- 
how brought and prose- 
cuted. 

Cases tried without jury. 

Trial by jury — challenge 
of jurors — examination 
of jurors. 

Charges to jury may b« 
oral or written. 

Bill of exceptions — -failure 
to take formal excep- 
tion — original bill fn 
lieu of certified copy. 

Change of venue in cer- 
tain cases regulated. 

Practice regulated in cer- 
tain cases — praecipe and 
bill of particulars. 

Summons to defendant — ■ 
form, etc. 

Summons — how served. 



Return of summons- 
fault — call of cases. 



de- 



Certain blank forms to be 
furnished by clerk of 
court. 

Fixing time of trial. 

Amendments. 

Postponements. 

Practice in attachment, 
etc. — exceptions. 

Practice in trial of right 
of property. 

Practice in cases of fifth 
class — exceptions. 



15 L 



226 



COURTS. 



§ 50. Arrest — bail — bail bond — 
deposit of money in lieu 
of bail. 

§ 50a. Practice in bastardy cases. 

§ 50b. Proceedings to prevent 
commission of crime — 
exceptions. 

§ 50c. Practice in criminal cases 
— exceptions. 

§ 50d. Proceedings pertaining to 
search warrants — excep 
tions. 

§ 51. Presumptions of jurisdic- 
tion. 

§ 52. Rules of procedure in 
cases unprovided for by 
Act. 

§ 54. Judicial notice of city, 
State and Federal laws. 

§ 56. Costs in civil cases. 



§ 57. Costs in criminal and 
quasi criminal cases. 

§ 58. Costs in city cases — 
clerk's and bailiff's fees. 

§ 59. Further fees — accounts. 

§ 60. Justices and constables — 
offices abolished. 

§ 61. Justices' dockets, how dis- 
posed of — pending cases. 

S 63. Orders, judgments and de- 
crees — force and effect 
in certain cases. 

§ 64. Other judgments. 

Adoption of Act. 



(Senate Bill No. 821. Appboved June 3, 1907.) 

An Act to amend an Act entitled, 'An Act in relation to a municipal 
court in the city of Chicago," approved May 18, 1905. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections one (1), two (2), 
four (4), eight (8), nine (9), fourteen (14), fifteen (15), sixteen 
(16), seventeen (17), nineteen (19), twenty (20), twenty-one (21), 
twenty-two (22), twenty-three (23), twenty-four (24), twenty-seven 
(27), twenty-eight (28), twenty-nine (29), thirty (30), thirty-one 
(31), thirty-five (35), thirty-seven (37), thirty-eight (38), thirty-nine 
(39) > forty (40), forty-one (41), forty-two (42), forty-three (43), for- 
ty-four (44), forty-five (45), forty-six (46), forty-seven (47), forty- 
eight (48), forty-nine (49), fifty (50), fifty-one (51), fifty-two (52), 
fifty-four (54), fifty-six (56), fifty-seven (57), fifty-eight (58), fifty- 
nine (59), sixty (60), sixty-one (61), sixty-three (63), and sixty-four 
(64) of the Act entitled. "An Act in relation to a municipal court in the 
city of Chicago," approved May 18, 1905, be and the same are hereby 
amended, and that said Act be and it is hereby further amended by add- 
ing thereto five additional sections to be known as sections forty-eight 
A (48A), fifty A (50A), fifty B (50B), fifty C (50C), and fifty D 
(50D), which said sections as amended and said additional sections shall 
read as follows : 

§ I That there shall be established in and for the city of 
Chicago a municipal court which shall be a court of record and shall be 
styled "The Municipal Court of Chicago," hereinafter designated and 
referred to as the municipal court, and the jurisdiction of which shall 
be exercised in the manner hereinafter prescribed by branch courts, 
each of which shall exercise all the powers in this Act declared to be 
vested in the municipal court. 

§ 2. That said municipal court shall have jurisdiction in the follow- 
ing cases : 



courts. 227 



First. Cases to be designated and hereinafter referred to as cases ot 
the first class, which shall include (a) all actions on contracts, express 
or implied, when the amount claimed by the plaintiff, exclusive of costs, 
exceeds one thousand dollars ($1,000) ; (b) all actions for the recovery 
of personal property when the value of the property sought to be recov- 
ered as claimed by the plaintiff exceeds one thousand dollars ($1,000) ; 
and (c) all actions for the recovery of damages for the conversion of 
personal property, and actions for the recovery of damages for injuries 
to personal property, when the amount of damages sought to be recov- 
ered, as claimed by the plaintiff, exclusive of costs, exceeds one thousand 
dollars ($1,000). 

Second. Cases to be designated and hereinafter referred to as cases 
of the second class, which shall include all suits of every kind and 
nature, whether civil or criminal, or whether at law or in equity, which 
may be transferred to it, by a change of venue, or otherwise, by the 
circuit court of Cook county, the superior court of Cook county, or the 
criminal court of Cook county, for trial and disposition. 

Third. Cases to be designated and hereinafter referred to as cases 
of the third class, which shall include all criminal cases in which the 
punishment is by fine or imprisonment otherwise than in the peniten- 
tiary, and all other criminal cases which the laws in force from time to 
time may permit to be prosecuted otherwise than on indictment by a 
grand jury. 

Fourth. Cases to be designated and hereinafter referred to as cases 
of the fourth class, which shall include (a) all civil actions, quasi 
criminal actions excepted, for the recovery of money only when the 
amount claimed by the plaintiff, exclusive of costs, does not exceed one 
thousand dollars ($1,000), the amount in any action on a bond to be 
determined by the amount actually sought to be recovered and not by 
the penalty of the bond; (b) all actions for the recovery of personal 
property when the value of the property sought to be recovered does 
not exceed one thousand dollars ($1,000) ; (c) all actions of forcible 
detainer, (d) all proceedings for the trial of the right of property, and 
(e) all actions and proceedings of which justices of the peace are now 
given jurisdiction by law and which are not otherwise provided for in 
this Act in which class of actions and proceedings the municipal court 
shall have jurisdiction where the amount sought to be recovered does 
not exceed one thousand dollars ($1,000). In any action of the fourth 
class for the recovery of money only judgment may be rendered for 
over one thousand dollars ($1,000), where the excess over one thousand 
dollars ($1,000) shall consist of interest or damages or costs accrued 
after the commencement of such action. 

Fifth. Cases to be designated and hereinafter referred to as cases of 
the fifth class, which shall include all quasi criminal actions, excepting 
bastardy cases. 

Sixth. Cases to be designated and hereinafter referred to as cases 
of the sixth class, which shall include (a) all proceedings for the pre- 
vention of the commission of crimes ; (b) all proceedings for the arrest, 
examination, commitment and bail of persons charged with criminal 



228 courts. 



offenses; (c) all proceedings pertaining to searches and seizures of 
personal property by means of search warrants, and (d) all bastardy 
cases. 

§ 4. That for the purposes of said municipal court the city of Chi- 
cago shall be divided into districts, which, until otherwise provided, 
shall be five in number and their territorial limits shall be as follows : 

Of the First district the territorial limits shall be the territory 
bounded on the east by Lake Michigan, on the north by the city limits, 
on the west by the center line of Western avenue from the city limits 
on the north to the center line of Fifty-fifth street, thence on the south 
by the center line of Fifty-fifth street to the center line of State street, 
thence on the west by the center line of State street to the center line 
of Sixty-third street, thence on the south by the center line of Sixty- 
third street to the center line of Cottage Grove avenue, thence on the 
west by the center line of Cottage Grove avenue to the center line of 
Seventy-first street, and thence on the south by the center line of 
Seventy-first street to Lake Michigan, and such territory shall be known 
as the First district. 

Of the Second district the territorial limits shall be the territory 
bounded on the south by the city limits, on the east by the city limits and 
Lake Michigan, on the north by the center line of Seventy-first street, 
and on the west bv the center line of Cottage Grove avenue, and such' 
territory shall be known as the Second district. 

Of the Third district the territorial limits shall be the territory 
bounded on the west and south by the city limits, on the east by the 
center line of Cottage Grove avenue from the city limits on the south 
to the center line of Sixty-third street, thence on the north by the center 
line of Sixty-third street to the center line of State street, thence on the 
east by the center line of State street to the center line of Fifty-fifth 
street, thence on the north by the center line of Fifty-fifth street to 
the city limits on the west, and such territory shall be known as the 
Third district. 

Of the Fourth district the territorial limits shall be the territory 
bounded on the south by the center line of Fifty-fifth street, on the east 
by the center line of Western avenue, on the north by the center line of 
Lake street, and on the west by the city limits, and such territory shall 
be known as the Fourth district. 

Of the Fifth district the territorial limits shall be the territory 
bounded on the south by the center line of Lake street, on the east by 
the center line of Western avenue, on the north and west by the city 
limits, and such territory shall be known as the Fifth district. 

The number and boundaries of the districts may be changed, from 
time to time, by orders signed by a majority of the judges of the muni- 
cipal court, and spread upon the records thereof, which orders shall be 
published for three successive weeks, once in each week, in some news- 
paper of general circulation in the city of Chicago, and which shall take 
effect respectively within thirty days after the last publication thereof : 
Provided, however, no such change in the number or boundaries of dis- 
tricts shall become effective unless the order therefor shall have been 



courts. 229 



approved by the city council of the city of Chicago. As many branch 
courts shall be held in each district as may be determined by the chief 
justice of said municipal court to be necessary for the prompt and 
proper disposition of the business of said court : Provided, however, 
that at least one branch court shall be held in each district. Such branch 
courts may be given such designation by numbers or otherwise as may 
be determined by the chief justice. 

§ 8. That said municipal court shall consist of twenty-eight (28) 
judges, one of whom shall be chief justice and the remaining twenty- 
seven (27) of whom shall be associate judges. Each branch court shall 
be presided over by a single judge of the municipal court. The chief 
justice, in addition to the exercise of all the other powers of a judge of 
said court, shall have the general superintendence of the business of 
said court; he shall preside at all meetings of the judges, and he shall 
assign the associate judges to duty in the branch courts, from time to 
time, as he may deem necessary for the prompt disposition of the busi- 
ness thereof, and it shall be the duty of each associate judge to attend 
and serve at any branch court to which he may be so assigned, but the 
chief justice shall only assign such number of judges to the trial and 
disposition of cases of the first class and cases of the second class 
mentioned in section two (2) of this Act, from time to time, as may not 
be needed for the prompt disposition of the other business of the court. 
The chief justice shall also superintend the preparation of the calen- 
dars of cases for trial in said court and shall make such classification 
and distribution of the same upon different calendars as he shall deem 
proper and expedient. Each associate judge shall, at the commence- 
ment of each month, make to the chief justice, under his official oath, a 
report in writing of the duties performed by him during the preceding 
month, which report shall specify the number of days' attendance in 
court of such judge during such month, and the branch courts upon 
which he has attended, and the number of hours per day of such attend- 
ance, for which the chief justice shall cause suitable blanks to be pre- 
pared and furnished to the associate judges. Each judge shall be en- 
titled to vacations, which shall not exceed thirty-six days in all in one 
year, and which shall be taken at such times as may be determined by 
the chief justice. The chief justice must give his attention faithfully 
to the discharge of the duties especially pertaining to his office and to 
the performance of such additional judicial work as he may be able to 
perform. Each associate judge must perform his share of the labors 
and duties appertaining to the office. At least one associate judge must 
be in attendance in one branch court in each district three hours of 
each day, except Sunday, a public holiday, or a day upon which the 
inhabitants of the city of Chicago generally refrain from business, and 
each associate judge, while in the court room or in chambers, and not 
actually engaged in the performance of other official duties, must act 
upon any application for his official action properly made to him. The 
chief justice may appoint such number of assistants, not exceeding four, 
as he may deem necessary, whose salaries shall be fixed by the majority 
of the judges : Provided, that the salaries of two of said assistants shall 



230 COURTS. 



not exceed four thousand dollars ($4,000) each per annum, and that 
the salaries of the remaining two of said assistants shall not exceed 
eighteen hundred dollars ($1,800) each per annum. Said assistants 
shall have power to administer oaths and shall perform such duties as 
may be required of them by the chief justice, but shall not exercise any 
judicial powers. It shall be the duty of the chief justice and the asso- 
ciate judges to meet together at least once in each month, excepting the 
month of August, in each year, at such hour and place as may be desig- 
nated by the chief justice, and at such other times as may be required 
by the chief justice, for the consideration of such matters pertaining 
to the administration of justice in said court as may be brought before 
them. At such meetings they shall receive and investigate, or cause 
to be investigated, all complaints presented to them pertaining to the 
said court, and to the officers thereof, and shall take such steps as they 
may deem necessary or proper with respect thereto, and they shall have 
power and it shall be their duty to adopt or cause to be adopted all such 
rules and regulations for 'the proper administration of justice in said 
court as to them may seem expedient. The salaries of the chief justice 
and associate judges shall be fixed by the city council : Provided, how- 
ever, that the salary of the chief justice shall not be less than seven 
thousand five hundred dollars ($7,500) per annum and that the salary 
of an associate judge shall not be less than six thousand dollars ($6,000) 
per annum, and that the salary of no judge shall exceed the salary and 
compensation fixed, from time to time, by law for a judge of the circuit 
court of Cook county, and that the salary of no judge shall be increased 
or diminished during the term for which he shall have been elected: 
And, provided, further, that until the fixing of the salaries by the city 
council the salary of the chief justice shall be seven thousand five hun- 
dred dollars ($7,500) per annum and the salary of an associate judge 
shall be six thousand dollars ($6,000) per annum. Such salaries shall 
be payable in monthly installments out of the city treasury. 

§ 9. That the chief justice and the associate judges of the municipal 
court provided for in the preceding section shall be elected on the first 
Tuesday after the first Monday in November, A. D. 1906; that the chief 
justice shall hold his office for the term of six (6) years and until his 
successor shall be elected and qualified ; that of the said associate judges 
so to be elected, nine (,9) shall be elected for the term of two (2) years, 
nine (9) for the term of four (4) years, and nine (9) for the term of 
six (6) years and until their respective successors shall be elected and 
qualified, and on the first Tuesday after the first Monday of November, 
A. D. 1908, and on the first Tuesday after the first Monday of Novem- 
ber every sixth year thereafter, and on the first Tuesday after the first 
Monday of November, A. D. 1910, and on the first Tuesday after the 
first Monday of November every sixth year thereafter, there shall be 
elected nine (9) associate judges of said municipal court and on the 
first Tuesday after the first Monday of November, A. D. 1912, and 
every sixth year thereafter there shall be elected a chief justice and nine 
(9) associate judges of said municipal court as successors in office of 
the chief justice and associate judees of the municipal court by this Act 



COURTS. 231 



required to be elected, each of whom shall hold his office for the term of 
six (6) years and until his successor shall be elected and qualified. The 
judges so required to be elected shall enter upon the discharge of their 
duties on the first Monday of December following their election. 
Vacancies in the office of chief justice or associate judge of the munici- 
pal court shall be filled by election at the regular municipal, judicial or 
other general election which shall occur next after a period of sixty 
(60) days from the time such vacancies respectively occur, but where 
the unexpired term does not exceed one year, the vacancy shall be filled 
by appointment by the Governor. Whenever a vacancy occurs in the 
office of chief justice, or whenever the chief justice shall be absent from 
the city of Chicago, or incapacitated from acting, the associate judges 
shall select one of their number to act as chief justice until such 
vacancy shall be filled by election or appointment, as above provided for, 
or until the return of the chief justice, or until his incapacity ceases. 

§ 14. That there shall be a clerk of said municipal court, whose term 
of office shall be six years and until his successor shall be elected and 
qualified and who shall be elected on the first Tuesday after the first 
Monday of November, A. D. 1906, and every six years thereafter. He 
shall perform, with respect to said municipal court, the duties usually 
performed by clerks of courts of record. He shall give his personal 
attention to the performance of the duties of his office. He shall main- 
tain an office in each district and each office shall be kept open for the 
transaction of business from half-past eight o'clock a. m. to half-past 
five o'clock p. m. of each working day during the year, excepting that 
on Saturdays, after the hour of one o'clock p. m., the clerk may close 
such of his offices as he may deem proper at one o'clock p. m. : Provided, 
however, that for the purpose of receiving and filing papers and issuing 
writs and the performance of other work in criminal and quasi criminal 
cases, the chief justice may require the attendance, during additional 
hours of each day, of such number of deputy clerks as may be neces- 
sary for that purpose. The clerk shall maintain, in his principal office 
in the First district, a bureau of information to which any attorney at 
law or any party to any suit in said court may apply, either in person 
or by telephone, or otherwise, for any information respecting the pro- 
ceedings in such suit, or the papers filed therein, which such attorney 
or party may deem necessary and by means of which bureau such attor- 
ney or party may obtain such information without charge being made 
therefor: Provided, however, that the clerk shall not be personally 
responsible for any mistake made by any deputy clerk with respect to 
such information. Until otherwise provided by the rules which may 
be adopted under the provisions of this Act the powers, duties and 
liabilities, the oath of office and the bond and conditions thereof, of 
such clerk shall be the same, as near as may be, as those prescribed by 
law for clerks of courts by the Act entitled, "An Act to revise the law 
in relation to clerks of courts," approved March 25, 1874, and in force 
July 1, 1874. He shall be commissioned by the Governor. When a 
vacancy occurs in the office of clerk and the unexpired term exceeds 
one year, the judges shall apooint a clerk pro tempore, who shall qualify 



232 • courts. 



by giving bond and taking the oath as required by law of the clerk, and 
thereupon such appointee shall perform all the duties required of a duly 
elected clerk of said court, and shall receive a like salary, and shall hold 
such office until some person is elected and qualified according to law to 
fill such vacancy. Whenever any such vacancy occurs, the chief justice 
shall forthwith notify the Governor thereof, who, upon reeiving such 
notice, shall, as soon thereafter as may be practicable, issue a writ, of 
election, as in other cases. When a vacancy occurs in the office of clerk 
and the unexpired term is less than one year the judges shall appoint a 
clerk pro tempore, who shall qualify by giving bond and taking the 
oath as required by law of the clerk, and thereupon such appointee shall 
perform all the duties required of a duly elected clerk of said court and 
shall receive a like salary, and shall hold such office until some person 
is elected and qualified according to law to fill such vacancy. The salary 
of the clerk shall be fixed by the city council : Provided, however, that 
such salary shall not be less than five thousand dollars ($5,000) per 
annum and that it shall not exceed the salary which may be fixed for 
an associate judge of the municipal court and that it shall be neither 
increased nor diminished during the term for which the clerk shall have 
been elected : And, provided further, that until the fixing of the salary 
by the city council the salary of the clerk shall be five thousand dollars 
($5,000) per annum. Such salary shall be payable in monthly install- 
ments out of the city treasury. All expenses incurred by the clerk for 
legal services rendered to him in matters relating to his official duties 
and all expenses incident to proceedings in court brought by or against 
him in his official capacity shall be paid out of the city treasury. 

§ 15. That said clerk shall appoint such number of deputies as may 
be determined, from time to time, by a majority of the judges of the 
municipal court by orders signed by them and spread upon the records 
of said court. The salaries of deputy clerks shall be fixed, from time 
to time, by orders signed by a majority of the judges of the municipal 
court and spread upon the records of the court, and shall be payable out 
of the city treasury in monthly installments : Provided, however, that 
the salary of the chief deputy clerk shall be four thousand dollars 
($4,000) per annum and that the salaries of no more than four addi- 
tional deputy clerks other than those who may be employed as short- 
hand reporters shall exceed eighteen hundred dollars ($1,800) per 
annum. Such number of deputy clerks so appointed as the judges may 
deem necessary shall be competent shorthand reporters, capable of cor- 
rectly taking down stenographically and transcribing the proceedings 
of courts, and shall perform such duties with respect to attending upon 
and taking down stenographic reports of the proceedings of said court 
as may be required by the judges, and for making and furnishing tran- 
scripts of their stenographic reports aforesaid said deputy clerks shall 
be allowed to make such reasonable charge, not exceeding fifteen cents 
per hundred words, to the parties to whom such transcripts are fur- 
nished, as may be determined by the judges, and the judges may allow 
said deputy clerks to retain, as additional compensation for their ser- 
vices, such proportion as the judges may deem reasonable of the charges 



courts. 233 



so collected, the balance of such charges to be accounted for by such 
deputy clerks in the same manner as costs collected by them. Such 
deputy clerks shall take the same oath or affirmation required of the 
clerk of said municipal court and shall give bonds to be approved by the 
chief justice of said court, conditioned, as near as may be, like the bond 
required of the clerk. Any deputy clerk shall be subject to removal at 
any time by an order signed by a majority of the judges of the munici- 
pal court and spread upon the records of said court. Any deputy clerk 
may likewise be removed by the clerk : Provided, however, that any 
deputy clerk so removed may be restored to his position as such deputy 
clerk by an order signed by a majority of the judges of the municipal 
court and spread upon the records of the court. The number of deputy 
clerks may be reduced at any time by an order signed by a majority 
of the judges of said municipal court and spread upon the records of 
said court. 

§ 16. That there shall be a bailiff of said municipal court whose 
term of office shall be six (6) years and until his successor shall be 
elected and qualified and who shall be elected on the first Tuesday after 
the first Monday of November, A. D. 1906, and every six years there- 
after. He shall perform with respect to said municipal court the duties 
usually performed by sheriffs in respect to attendance upon, and service 
and execution of the process, and obedience of the lawful orders and 
directions of a circuit court. He shall give his personal attention to the 
performance of the duties of his office. He shall maintain an office in 
each district and each office shall be kept open for the transaction of 
business from half-past eight o'clock a. m. to half-past five o'clock 
p. m. of each working day during the year, excepting that on Saturdays, 
after the hour of one o'clock p. m., the bailiff may close such of his 
offices as he may deem proper at one o'clock p. m. Until otherwise pro- 
vided by the rules which may be adopted under the provisions of this 
Act, the powers, duties and liabilities, the oath of office, and the bonds 
and conditions thereof, of such bailiff shall be the same, as near as may 
be, as those prescribed by law for sheriffs with respect to attendance 
upon, and service and execution of the process, and obedience of the 
lawful orders and directions, of a circuit court. He shall be commis- 
sioned by the Governor. When a vacancy occurs in the office of bailiff 
and the unexpired term exceeds one year, the judges shall appoint a 
bailiff pro tempore, who shall qualify by giving bond and taking the 
oath as required by law of the bailiff and thereupon such appointee shall 
perform all the duties required of a duly elected bailiff of said court, 
and shall receive a like salary, and shall hold such office until some 
person is elected and qualified according to law to fill such vacancy. 
Whenever any such vacancy occurs, the chief justice shall forthwith 
notify the Governor thereof, who, upon receiving such notice, shall, as 
soon thereafter as may be practicable, issue a writ of election as in 
other cases. When a vacancy occurs in the office of bailiff and the un- 
expired term is less than one year the judges shall appoint a bailiff pro 
tempore, who shall qualify by giving bond and taking the oath required 
by law of the bailiff and thereupon such appointee shall perform all the 



2M COUETS. 



duties required of a duly elected bailiff of said court and shall receive a 
like salary, and shall hold such office until some person is elected and 
qualified according to law to fill such vacancy. It shall be unnecessary 
to serve any process of summons upon the bailiff in any suit against 
him commenced in the municipal court. In lieu of the service of such 
process the clerk shall notify the bailiff of the commencement of such 
suit and the bailiff shall thereupon forthwith enter his appearance 
therein, such entry of appearance to be made without any advance pay- 
ment of costs. The salary of the bailiff shall be fixed by the city coun- 
cil : Provided, however, that such salary shall not be less than five 
thousand dollars ($5,000) per annum and that it shall not exceed the 
salary which may be fixed for an associate judge of the municipal court 
and that it shall neither be increased nor diminished during the term for 
which the bailiff shall have been elected : And, provided, further, that 
until the fixing of the salary by the city council the salary of the bailiff 
shall be five thousand dollars ($5,000) per annum. Such salary shall 
be payable in monthly installments out of the city treasury. The bailiff 
may employ an attorney at a salary of not exceeding three thousand 
dollars ($3,000) per annum, which salary together with all expenses 
incurred by the bailiff in prosecuting or defending suits brought by or 
against him in his official capacity shall be paid out of the city treasury. 
§ 17. That said bailiff shall appoint such number of deputies as may 
be determined, from time to time, by a majority of the judges of the 
municipal court by orders signed by them and spread upon the records 
of said court. The salaries of deputy bailiffs shall be fixed, from time 
to time, by orders signed by a majority of the judges of the municipal 
court and spread upon the records of the court and shall be payable out 
of the city treasury in monthly installments: Provided, however, that 
the salary of the chief deputy bailiff shall be four thousand dollars 
($4,000) per annum, and that the salary of the assistant chief deputy 
bailiff shall be two thousand five hundred dollars ($2,500) per annum 
and that the salary of no other deputy bailiff shall exceed fifteen hun- 
dred dollars ($1,500) per annum. Such deputy bailiffs shall take the 
same oath or affirmation required of the bailiff of said municipal court 
and shall give bonds to be approved by the chief justice of said court 
conditioned, as near as may be, like the bond required of the bailiff. 
The bailiff and deputy bailiffs of the municipal court shall be ex officio 
police officers of the city of Chicago. Any deputy bailiff shall be sub- 
ject to removal at any time by an order signed by a majority of the 
judges of the municipal court and spread upon the records of said court. 
Any deputy bailiff may likewise be removed by the bailiff: Provided, 
however, that any deputy bailiff so removed may be restored to his 
position by an order signed by a majority of the judges of said muni- 
cipal court and spread upon the records of said court. The number of 
deputy bailiffs may be reduced at any time by an order signed by a 
majority of the judges of said municipal court and spread upon the 
records of said court. Every police officer of the city of Chicago shall 
be ex oMcio a deputy bailiff of the municipal court, and shall perform, 
from time to time, such duties in respect to cases within the jurisdiction 



courts. 235 



of said court as may be required of him by said court or any judge 
thereof. The bailiff may appoint a special deputy to serve any sum- 
mons issued out of the municipal court, by indorsement thereon sub- 
stantially as follows : "I hereby appoint my special 

deputy to serve the within writ," which shall be dated and signed by the 
bailiff. Such special deputy shall make return of the time and manner 
of service of such writ, under his oath, and for making a false return he 
shall be guilty of perjury and be punished accordingly. 

§ 19. That until otherwise determined in the manner hereinafter 
provided, and except as by this Act is otherwise prescribed, the practice 
in the municipal court shall be the same, as near as may be, as that 
which may from time to time be prescribed by law for similar suits or 
proceedings in circuit courts, excepting that in cases of the fourth class 
and cases of the fifth class mentioned in section two (2) of this Act the 
issues shall be determined without other forms of written pleadings than 
those hereinafter expressly prescribed or provided for. Said municipal 
court shall be the sole judge of the applicability to the proceedings of 
said court of the rules of practice prescribed by law for similar cases in 
the circuit courts and its decisions in respect thereto shall not be sub- 
ject to review upon appeal or writ of error : Provided, however, that 
upon appeal or writ of error the Supreme Court or the Appellate Court, 
as the case may be, may grant relief from any such decision in any 
case where, in the opinion of the Supreme Court or Appellate Court, 
such relief is necessary to prevent a failure of justice. 

§ 20. That the judges of said municipal court shall have power to 
adopt, in addition to or in lieu of the provisions herein contained pre- 
scribing the practice in said municipal court or of any portion or por- 
tions of said provisions, such rules regulating the practice in said court 
as they may deem necessary or expedient for the proper administration 
of justice therein: Provided, however, that no such rule or rules so 
adopted shall be inconsistent with those expressly provided for by this 
Act. The adoption of said rules shall be accomplished by an order 
signed by a majority of said judges, which order, when made, shall be 
forthwith spread upon the records of the municipal court and shall be 
printed, in pamphlet form at the expense of the city. The Supreme 
Court shall have power, in its discretion, to substitute for the rule or 
rules so adopted by said judges of said municipal court or for any por- 
tion thereof, such other rules as the Supreme Court may deem necessary 
and may, in its discretion, of its own motion or otherwise, make any 
order respecting the rules of said municipal court which it may deem 
proper. The Supreme Court and the Appellate Court, in cases brought 
to them from the municipal court, by appeal or writ of error, shall take 
judicial notice of the rules of practice from time to time in force in said 
municipal court. 

§ 21. That there shall be no stated terms of the municipal court, 
but said court shall always be open for the transaction of business. 
Every judgment, order or decree of said court final in its nature shall 



236 courts. 



be subject to be vacated, set aside or modified in the same manner and 
to the same extent as a judgment, order or decree of a circuit court dur- 
ing the term at which the same was rendered in such circuit court : 
Provided, a motion to vacate, set aside or modify the same be entered 
in said municipal court within thirty days after the entry of such judg- 
ment, order or decree. If no motion to vacate, set aside or modify any 
such judgment, order or decree shall be entered within thirty days after 
the entry of such judgment, order or decree, the same shall not be 
vacated, set aside or modified excepting upon appeal or writ of error, 
or by a bill in equity, or by a petition to said municipal court setting 
forth grounds for vacating, setting aside or modifying the same, which 
would be sufficient to cause the same to be vacated, set aside or modified 
by a bill in equity : Provided, however, that all errors in fact in the pro- 
ceedings in such case, which might have been corrected at common law 
by the writ of error coram nobis may be corrected by motion, or the 
judgment may be set aside, in the manner provided by law for similar 
eases in the circuit court. 

§ 22. That the final orders, judgments and decrees of the municipal 
court in cases of the first class, cases of the second class and cases of the 
third class mentioned in section two (2) of this Act, and in bastardy 
cases, may be reviewed upon error or appeal, by the Supreme Court in 
all criminal cases above the grade of misdemeanors, cases in which a 
franchise or freehold or the validity of a statute or construction of the 
constitution is involved, and in all cases relating to the revenue or in 
which the State is interested as a party or otherwise, and by the Appel- 
late Court in all other cases. The practice in cases of appeals from or 
writs of error to said municipal court in said cases shall, except as in 
this Act, or by rules of said court adopted in pursuance hereof, may be 
otherwise provided, be the same, as near as may be, as the practice in 
cases of appeals from and writs of error to circuit courts in similar 
cases : Provided, however, that upon the suing out of any writ of error 
in any criminal case, capital cases excepted, and the filing of the same 
in the municipal court, the municipal court may admit any defendant 
to bail pending the determination of such writ of error. But no appeal 
shall be allowed in any case unless the same be prayed for within twenty 
days after the entry of the order, judgment or decree appealed from, 
and no assignment of error in the Supreme Court or in the Appellate 
Court in any such case shall be allowed which shall call in question the 
decision of the municipal court in respect to any matter pertaining to 
the practice in said court : Provided, however, that the Supreme Court 
or the Appellate Court, as the case may be, may grant relief from any 
error of the municipal court in respect to a matter of practice therein in 
any case where, in the opinion of the Supreme Court or Appellate Court, 
such relief is necessary to prevent a failure of justice. Authenticated 
copies of records of judgments, orders and decrees appealed from shall 
be filed in the office of the clerk of the Supreme Court, or of the Appel- 
late Court, as the case may be, within forty days after the date of the 
order, judgment or decree appealed from, unless the municipal court, 
by an order entered within said forty davs, shall have granted further 
time for the filing of the same. 



COURTS. 23' 



§ 23. That the final orders and judgments of the municipal court 
in cases of the fourth class and cases of the fifth class mentioned in 
section two (2) of this Act shall be reviewed by writ of error only. 
Such writ of error shall be sued out of the Supreme Court in all cases 
in which a franchise, a freehold or the validity of a statute or the con- 
struction of the constitution is involved, and out of the Appellate Court 
in all other cases. The time within which a writ of error may be sued 
out in any such case shall be limited to thirty days after the entry of 
the final order or judgment complained of. The manner of prosecuting 
such writ of error shall be as follows : 

First. Any party to any such case against whom there has been 
rendered any final order or judgment of the municipal court and who 
shall desire to obtain a review of such final order or judgment by a 
writ of error and who shall, for that purpose, also desire a stay of exe- 
cution may, upon suing out of the Supreme Court, or Appellate Court, 
as the case may be, a writ of error in such case and filing the same in 
the municipal court, obtain from the municipal court a stay of execu- 
tion upon such order or judgment for ninety (90) days after the entry 
thereof by the giving of a bond with a sufficient surety or sureties to be 
approved by a judge of the municipal court conditioned for the due 
prosecution of such writ of error and otherwise, as near as may be, 
as an appeal bond in case of an appeal from a similar order or judgment 
of a circuit court is required to be conditioned. No such bond, however, 
need be given in any case if the party suing out such writ of error shall 
not desire a stay of execution. 

Second. No other or further stay of proceedings or execution in 
any such case shall be allowed by the municipal court, but the Supreme 
Court or the x-\ppellate Court, or any judge thereof, may allow a super- 
sedeas as in other cases, but upon the allowance of any supersedeas, 
when any bond has been given as above provided, no additional bond 
shall be required, and such supersedeas shall be operative until the 
final determination of such writ of error. 

Third. If, upon application to the Supreme Court or Appellate 
Court, or to any judge thereof, for a supersedeas the same shall be 
denied, such order or judgment shall stand affirmed, and no further 
proceedings shall be had in said Supreme Court or Appellate Court with 
respect thereto, unless the Supreme Court or Appellate Court, or the 
judge denying such supersedeas, shall .otherwise order. 

Fourth. The party in whose favor any final order or judgment has 
been entered shall be entitled to sue out a writ of error from the Su- 
preme Court or the Appellate Court, as the case may be, by depositing 
with the clerk of the court from which said writ of error is sued out the 
sum of twenty dollars ($20) as security to the opposite party for such 
costs as may be awarded such opposite party by the Supreme Court or 
the Appellate Court, as the case may be, upon the final determination 
of such writ of error. 

Fifth. The party suing out any writ of error shall not be required 
to serve upon the opposite party any scire facias to hear errors, but in 
lieu thereof shall, within five days after the issuance of the writ of 



28b courts. 



error, file the same with the clerk of the municipal court, and make to 
the supreme court or the appellate court, as the case may be, proof of 
such filing ,and such writ of error so filed shall be notice to the opposite 
party of the suing out and, prosecution of such writ of error. 

Sixth. Upon application made at any time within thirty (30) days 
after the entry of any final order or judgment, or within such further 
time as may, upon application therefor within said thirty days, be 
allowed by the court, it shall be the duty of the judge by whom such 
final order or judgment was entered, to sign and place on file in the case 
in which the same was entered, if so requested by either of the parties 
to the suit, either a correct statement, to be prepared by the party re- 
questing the signing of the same, of the facts appearing upon the trial 
thereof, and of all questions of law involved in such case, and the de- 
cisions of the court upon such questions of law, or, if such party shall 
so elect, a correct stenographic report of the proceedings at the trial, 
and a correct statement of such other proceedings in the case as such 
party may desire to have reviewed by the supreme court or the appellate 
court, omitting therefrom, with the approval of the judge, so much of 
the arguments of counsel and of the other proceedings, other than the 
evidence and rulings of the court with respect thereto and the charge 
of the court, as the judge may deem unnecessary for the presentation 
to the supreme court or the appellate court of the merits of the case : 
Provided, however, that the opposite party may, if he so elect, cause the 
parts so omitted to be signed by the judge as an additional report, and 
cause the same to be certified by the clerk and filed in the supreme 
court or appellate court, as the case may be, as a part of the record 
to be considered upon such writ of error. The expense of procuring 
such report, or additional report, shall be paid in the first instance by 
the party procuring the same, and shall be taxed as a part of the costs 
in the supreme court or appellate court, as the case may be. Such state- 
ment, or such original report and additional report, if there be such 
original or additional report, together with a certified copy of the judg- 
ment, and such other papers as may be specified by the judge, if any, 
shall be certified to the supreme court or appellate court, as the case 
may be, as the record to be considered upon the review of such order 
or judgment by writ of error. 

Seventh. No order or judgment so sought to be reviewed shall be 
reversed unless the supreme court or appellate court, as the case may 
be, shall be satisfied from said statement or stenographic report, or re- 
ports, signed by said judge, that such order or judgment is contrary 
to the law and the evidence, or that such order or judgment resulted 
from substantial errors of said municipal court directly affecting the 
matters at issue between the parties, in which last mentioned case the 
supreme court or appellate court, as the case may be, may enter such 
order or judgment as, in its opinion, the municipal court ought to have 
entered, or it may reverse the said order or judgment and remand the 
case to the municipal court for further proceedings. 

Eighth. No assignment of error in the supreme court or in the 
appellate court in any such case shall be allowed which shall call in 



COURTS. 239 



question the decision of such municipal court in respect to any matter 
pertaining to the practice in such court, nor shall any exceptions to the 
rulings and decisions of the municipal court upon the trial, which ap- 
pear to have been made against the objection of the party complaining 
thereof, be necessary to the right of either party to a review of such 
rulings and decisions in the supreme court or appellate court upon their 
merits, but it shall be the duty of the supreme court or the appellate 
court, as the case may be. to decide such case upon its merits as they 
may appear from such statement or stenographic report or reports 
signed by the judge : Provided, however, that the supreme court or 
appellate court, as the case may be, may grant relief from any error 
of the municipal court in respect to a matter of practice therein in any 
case where in the opinion of the supreme court or the appellate court, 
such relief is necessary to prevent a failure of justice. 

Ninth. In all other particulars the practice in writs of error to 
the municipal court in cases of the fourth and fifth classes shall be the 
same, as near as may be, as the practice in writs of error to circuit 
courts in similar cases. 

§ 24. That, in any case transferred to said municipal court by the 
circuit or superior court of Cook county for trial and disposition, said 
municipal court shall exercise the same powers as the court from which 
said case has been transferred might have exercised had said case not 
been so transferred. The circuit court of Cook county or the superior 
court of Cook county may, upon the application of either party for a 
change of venue, and shall upon request of both parties to any 
suit at law or in equity pending therein, transfer said suit to the 
municipal court for trial and disposition. The criminal court of Cook 
county may, in its discretion, upon the request of the State's attorney, 
or of any defendant, or of its own motion, transfer to the municipal 
court for trial and disposition any case therein pending, and shall have 
power to make all orders which it may deem necessary to accomplish 
such transfer and secure the attendance of the parties and witnesses 
upon said municipal court until the final disposition of the case, and 
said municipal court, when any criminal case shall have been so trans- 
ferred to it, shall exercise all the powers with respect to the trial and 
disposition of said case which the said criminal court of Cook county 
might have exercised had said case not been so transferred. In any 
case prosecuted by indictment in said criminal court, such transfer 
shall be made by an order of said criminal court certifying the indict- 
ment to the municipal court, the form of such order to be the same, 
as near as may be. as is required by law for the certifying by a circuit 
court of an indictment to a county court for process and trial, or for 
trial, as the case may be. In certifying any such indictment from the 
criminal court to the municipal court, the clerk of the criminal court 
may use the following form, substantially : 

State of Illinois, ) 
Cook County. \ ss " 

I , clerk of the criminal court of Cook county 

aforesaid, do hereby certify that the within bill of indictment was on 



240 courts. 



the day of , A. D. 19. . . . , duly presented 

in open court by the grand jury of said county, and, being examined 

by the said criminal court, it was thereafter, on the day of 

, A. D. 19. . . ., ordered by the court that the same be 

certified by the clerk of said criminal court to the municipal court of 
Chicago, which is done accordingly. 

Such certificate, when endorsed on the back of any indictment, shall 
be sufficient to warrant a trial and conviction of any party charged in 
any indictment so certified, and shall be deemed a sufficient record to 
authorize the municipal court to try the party so indicted: Provided, 
either party may ask for and obtain a rule on the clerk of the criminal 
court for a complete record, duly and properly certified, of any cause 
pending in the municipal court having been certified as aforesaid ; and 
it shall be the duty of the clerk of the criminal court to obey any rule 
of the municipal court for the purpose aforesaid, and when a complete 
record shall be so certified to the municipal court, said court shall be 
governed thereby in all respects in all its proceedings. In any case, 
prosecuted by information in said criminal court such transfer shall be 
made by an order of said criminal court certifying the information to 
the municipal court, the form of such order to be the same, as near as 
may be, as is above provided in case of an indictment. All judgments 
of conviction in criminal cases in said municipal court, where the 
punishment inflicted is death or imprisonment, shall be carried into 
execution in the same manner as is provided by law for similar cases 
in said criminal court of Cook county. The prosecution of all criminal 
cases in the municipal court shall be conducted by or under the super- 
vision of the State's attorney of Cook county, but in any case in which 
the State's attorney is disqualified from acting or is unable to act, the 
court may appoint some attorney at law of Cook county to act as prose- 
cuting attorney in such case. 

§ 27. That all criminal cases in the municipal court in which the 
punishment is by fine or imprisonment otherwise than in the peniten- 
tiary, may be prosecuted by information of the Attorney General or 
State's Attorney, or some other person, and when an information is 
presented by any person other than the Attorney General or State's 
attorney, it shall be verified by affidavit of such person that the same 
is true, or that the same is true as he is informed and believes. Before 
an information is filed by any person other than the Attorney General 
or State's attorney, one of the judges of the municipal court shall ex- 
amine the information and may examine the person presenting the 
same and require other evidence and satisfy himself that there is prob- 
able cause for filing the same and so endorse the same. Every infor- 
mation shall set forth the offense with reasonable certainty, substan- 
tially as required in an indictment, and the proceedings thereon shall 
be the same, as near as may be, as upon indictment in the criminal 
court of Cook county, excepting as is by this Act otherwise provided. 
But criminal cases in which the punishment is by fine only may, in 
the discretion of the court, be prosecuted by complaint as is provided 
by law for the prosecution of criminal cases before justices of the 



COURTS. 241 



peace. Any person committed for a criminal or supposed criminal 
offense and not admitted to bail and not tried within four months after 
the date of arrest, shall be set at liberty by the court, unless the delay 
shall happen on the application of the prisoner or unless the court is 
satisfied that due exertion has been made to procure the evidence on 
the part of the people and that there is reasonable grounds to believe 
that such evidence may be procured within the next sixty days, in which 
case the court may continue the case for such time as the court may 
deem necessary, not exceeding said sixty days : Provided, however, that 
if said person be not tried within said sixty days no further continuance 
shall be granted and said person shall be set at liberty by the court. 

§ 28. That, until otherwise provided by the rules of the municipal 
court, cases of the first class mentioned in section two (2) of this Act 
shall be commenced and prosecuted in said municipal court in the same 
manner in which similar suits and proceedings are required to be com- 
menced and prosecuted in the circuit courts, except as is herein other- 
wise prescribed, and excepting also in the following particulars : 

First. The summons, when the first process is a summons, or the 
writ, when the first process is a writ, shall be directed to the bailiff to 
execute and shall be returnable upon some Monday at least five days, 
and not more than twenty days, after the date thereof. 

Second. Service of such summons or writ shall be made by deliver- 
ing a copy thereof to the defendant, if an individual, and informing 
him of the contents thereof, but if any defendant be a corporation, the 
service shall be made in the manner provided by law for similar cases 
in the circuit courts. 

Third. Notice to the defendant by publication may be given under 
like circumstances and in the same manner as is provided by law for 
similar cases in the circuit courts, but the notice published, in lieu of 
stating the time of the return of the summons or writ, shall state the 
date on or before which the defendant is required to appear, which date 
shall be some Monday not less than forty nor more than sixty days 
after the date of the first publication of notice, as the plaintiff may re- 
quire. 

Fourth. No such suit shall be commenced in the municipal court 
unless the defendant, if there be but one defendant, resides or is found 
within the city of Chicago, or if the defendant be a corporation, unless 
its principal office is within said city ; but if the defendant be a corpora- 
tion not having a principal office in the city of Chicago, such suit may 
be brought in the municipal court wherever service of process may be 
had within the city upon any officer, agent or employe of such corpo- 
ration upon whom service of process might be had if issued in a suit 
commenced in the circuit court. 

Fifth. The provisions of paragraph fourth above shall not apply 
to attachment suits, replevin suits or cases of distress for rent brought 
against non-residents of this State, which suits may be brought in the 
municipal court when any property of the defendant is levied upon, 

-16 L 



242 courts. 



or distrained, or any garnishee resides or is found within the city of 
Chicago, or, if the suit be a replevin suit, when the property sued for is 
replevined within the city of Chicago. 

Sixth. When there are several defendants, one of whom resides or 
is found or is served with process in the city of Chicago, a summons or 
writ may be issued to the sheriff of Cook county for any defendant 
residing or to be found in said county, but outside of the city of Chi- 
cago, or to the sheriff of any other county for any defendant residing 
or to be found in such county, and service of any summons or writ 
so issued shall be made in the same manner as herein required in the 
case of a summons or writ directed to the bailiff : Provided, however, 
that no judgment shall, in any case, be rendered against any defendant 
served with process outside of the city of Chicago unless judgment 
be also rendered against a defendant served within said city of Chicago. 

Seventh. The plaintiff shall file his declaration within three days 
after the commencement of the suit, in default whereof the suit shall be 
dismissed unless the court by an order entered in said suit shall extend 
the time for filing such declaration. 

Eighth. The defendant shall, in case he shall have been served with 
process or summons, or with the writ, three days or more prior to the 
return day thereof, enter his appearance on or before such return day 
and shall demur or plead to the declaration or the complaint on or be- 
fore the Monday succeeding such return day ; but in case the summons 
or writ shall have been served less than three days prior to the return 
day the defendant shall not be required to enter his appearance until 
on or before the first Monday succeeding such return day and shall not 
be required to plead to the declaration or complaint until on or before 
the second Monday after such return day. In case the time for filing 
the declaration or complaint shall be extended by the court, the time 
for the defendant to demur or plead to the same shall be extended 
until the second Monday succeeding the expiration of such extension 
of time. The time within which the defendant is required to demur 
or plead may be extended by the court in its discretion. In case the 
defendant shall fail to enter his appearance or to demur or plead within 
the time thus required, the plaintiff shall be entitled to judgment by 
default. 

Ninth. The judges of said municipal court may, by rules adopted 
in the manner prescribed by this Act, provide that the practice in cases 
of the first class shall be the same as in this Act provided for cases 
of the fourth class. But all cases provided for in this section shall be 
commenced, prosecuted and disposed of in the First district. 

Sec. 29. That cases of the fourth class mentioned in section two 
(2) of this Act shall be brought and prosecuted in the district in which 
the defendant, if there be but one defendant, or one of the defendants, 
if there be more than one defendant, resides or is found, or if the de- 
fendant be a corporation having its principal office in the city of Chi- 
cago, in the district in which its principal office is located; but if the 
defendant be a corporation not having a principal office in the city of 
Chicago, suit may be brought in any district within which service of 
process may be had upon any officer, agent or employe of such corpo- 



COURTS. 243 



ration, upon whom service of process might be had if issued in a suit 
commenced in the circuit court. If, in any such case, there is more 
than one defendant and one defendant resides or is found within the 
district in which such suit is brought or is properly served with process 
therein, the process of such municipal court may be served upon the 
remaining defendant or defendants at any place within said city of 
Chicago. But no suit against the city of Chicago or any other muni- 
cipal corporation shall be brought in any other than the First district. 
If, in any case where there is more than one defendant, process is duly 
served upon one or more defendants and returned not served as to 
another defendant or other defendants, the suit shall proceed as in like 
cases in the circuit court. But the requirements that the defendant, if 
there be but one defendant, or one of the defendants, if there be more 
than one defendant, must reside or be found within the district in which 
such suit is brought shall not apply to attachment suits, replevin suits or 
cases of distress for rent, brought against non-residents of this State, 
which suits may be brought in any district when any property of the 
defendant is levied upon, replevined or distrained within such district, 
or any garnishee resides or is found in such district, nor shall it apply 
to forcible entry and detainer suits in which the defendants do not 
reside or cannot be found within the city of Chicago, which suits may 
be brought in any district in which the property, the possession of 
which is sought to be recovered, is situated, and notice may be given 
by publication in the manner prescribed by this Act. When, upon the 
complaint of any defendant, it shall be made to appear to the municipal 
court in any district that the suit has been improperly brought therein, 
the court shall not be required on that account to dismiss the suit, if the 
municipal court in any district could properly have jurisdiction thereof, 
but in such case the court may cause such suit to be transferred to the 
proper district and the court in the district to which the same is trans- 
ferred shall proceed therewith as if the same had been originally com- 
menced in said district : Provided, however, that the court may, in its 
discretion, require the plaintiff to pay the costs of the defendant paid 
by him prior to such transfer: And, provided, further, that whenever a 
trial by jury is demanded in any case, whether civil, criminal or quasi 
criminal, the court may, in its discretion, direct the trial of said case to 
be had in the First district, and for that purpose may cause said case to 
be transferred to the First district, to be there tried and disposed of. 

§ 30. That every suit at law in the municipal court other than a 
case of the second class, or a case of the third class, or a case of the 
fifth class, or a bastardy case, mentioned in section two of this Act, shall 
be tried by the court without a jury unless the plaintiff, at the time 
he commences his suit, or the defendant, at the time he enters his 
appearance, shall file with the clerk a demand in writing of a trial by 
jury, which demand, however, may be withdrawn by the party filing 
the same at any time before the trial. Every civil suit at law of the 
second class shall be tried by the court without a jury unless the 
respective parties, or one of them, shall, at the time of entering their 
or his appearance in the municipal court, file with the clerk a demand 
in writing of a trial by jury. Every person desirous of suffering a 



244 courts. 



non-suit on trial shall be barred therefrom unless he do so before the 
jury retire from the bar, or before the court, in case the trial is by the 
court without a jury, states its finding. 

§ 31. In all cases tried by a jury in the municipal court each party 
shall be entitled to a challenge of the same number of jurors, without 
showing cause for such challenge, as are allowed in similar cases in 
the circuit court and in the criminal court of Cook county, and chal- 
lenges for statutory and other causes shall be allowed as in similar 
cases in the circuit court and in said criminal court of Cook county. 
It shall be the duty of the judge presiding at the trial to examine or 
cause to be examined all jurors called into the jury box in any case 
with respect to their statutory qualifications to serve as petit jurors in 
such case, unless said examination shall have been previously made as 
above provided, and to permit the plaintiff and the defendant to pro- 
pound to the jurors such pertinent questions as may be necessary for 
the purpose of ascertaining whether the jurors are biased or preju- 
diced ; but upon appeal or writ of error to review any judgment of 
said municipal court in any case tried therein by a jury, no assign- 
ment of errors shall be allowed which shall call in question any ruling 
of the court pertaining to or connected with the impaneling of the 
jury, other than one improperly restricting the right of a party to 
examine the jurors as to bias or prejudice, or improperly overruling a 
challenge by a party of a juror for bias or prejudice. 

§ 35. That any judge of the municipal court shall have the power 
to sign or otherwise make any order in any suit pending in the 
municipal court at any place within the city of Chicago whenever, in 
the opinion of such judge, the granting of such order at such place is 
in furtherance of justice, and such order shall be as effective as though 
made in any court room of said court or in the chambers of said judge: 
Provided, however, that after the defendant shall have entered his 
appearance, no such order shall be made at any other place than a 
branch court of the district in which said suit is pending, without rea- 
sonable notice to the parties. 

§ 37. That in trials by jury in the municipal court, the court shall 
charge the jury as to the law only, and the charge may, in the discre- 
tion of the court, be given orally or in writing ; but when given orally 
it shall, at the request of either party, be taken down in shorthand, and 
a transcript thereof shall be made and shall be signed by the judge and 
filed in the cause in which such charge is given, and shall be made a 
part of the record in such cause. 

§ 38. That whenever it appears in any bill of exceptions signed 
in any case of the first class, or any case of the second class, or any 
case of the third class, or any bastardy case, mentioned in section two 
(2) of this Act, tried and determined in the municipal court, that any 
erroneous ruling was made by said municipal court against the objec- 
tion of the party complaining thereof, but that no formal exception 
was taken by such party thereto, such erroneous ruling shall be subject 
to review upon appeal or writ of error to the same extent and in like 
manner as if it appeared that a formal exception had been taken thereto 
by the party complaining, and no bill of exceptions shall be held 



courts. 245 



defective for the want of the seal of the judge thereto. A bill of 
exceptions may be tendered to the judge at any time within sixty (60) 
days after the entry of a final order or judgment, or within such further 
time thereafter as the court, upon application made therefor within 
such sixty (60) days, may allow. Upon the prosecution of an appeal 
or writ of error to review any judgment of the municipal court, in any 
such case, the original bill of exceptions, in lieu of a certified copy 
thereof, shall be inserted in the transcript of the record to be filed in 
the Supreme Court or Appellate Court upon such appeal or writ of 
error, unless the municipal court shall otherwise direct, and upon the 
final determination of such appeal or writ of error such original bill of 
exceptions shall be remitted to the municipal court. 

§ 39. That no application for a change of venue in any case of the 
fourth class, or in any case of the fifth class mentioned in section two 
(2) of this Act, or in any criminal case punishable by a fine or imprison- 
ment otherwise than in the penitentiary, on account of the prejudice of 
the judge, shall be allowed by the municipal court when the applicant 
names in his application more than three judges from whom such 
change of venue is desired, nor unless such application for a change of 
yenue is made by petition as in like cases in the circuit courts, and such 
petition is filed at or before the time of the filing or entering by the 
defendant of his appearance in the suit in which such change of venue 
is asked for, if such suit is a civil or quasi criminal suit, or at or 
before the time the defendant is required to plead if such suit is a 
criminal suit, and in no case shall the granting of any change of venue 
delay the trial of the suit, but such suit shall be tried and disposed of 
at the time set for the trial thereof or at the time to which the trial 
thereof may be postponed, before some other judge of the court than 
the one or ones from whom the change of venue has been granted, or 
in any other district in which the same may be ordered to be tried, and 
all orders necessary for the setting of such case for trial and for the 
securing of a speedy trial thereof may be made by the judge from 
whom said change of venue has been obtained. 

§ 40. That every case of the fourth class mentioned in section two 
(2) of this Act, excepting the attachment suits, garnishment suits, re- 
plevin suits, cases of distress for rent, forcible entry and detainer suits, 
and trials of the right of property, brought in the municipal court, 
shall be commenced by the filing by the plaintiff with the clerk of a 
praecipe for a summons, specifying the names of the parties to the 
suit, the amount of the plaintiff's claim and the day at which the sum- 
mons shall be made returnable, which day shall not be less than five (5) 
nor more than fifteen (15) days from the filing of the praecipe, and a 
statement of the plaintiff's claim, which statement, if the suit be upon a 
contract, express or implied, shall consist of a statement of the account 
or of the nature of the demand ; or, if the suit be for a tort, it shall 
consist of a brief statement of the nature of the tort and such further 
information as will reasonably inform the defendant of the nature of 
the case he is called upon to defend ; but nothing herein contained shall 
be construed to require the statement of claim in any action for a tort 
to set forth the cause of action with the particularity required in a 



246 courts. 



declaration at common law. In cases of the fourth class mentioned in 
said section two (2) of this Act, the municipal court may adopt such 
rules and regulations as it may deem necessary to enable the parties, in 
advance of the trial, to ascertain the nature of the plaintiff's claim or 
claims, or of the defendant's defense or defenses. No summons, how- 
ever, need be issued or served in the case of the confession of a judg- 
ment in a case of the fourth class, but such judgment may be confessed 
in the same manner, as near as may be, as in a similar case in the 
circuit court. 

§ 41. That upon the filing of such praecipe and statement of claim 
the clerk of the municipal court shall issue a summons to the defendant 
directed to the bailiff to execute and returnable at half past 9 :oo o'clock 
a. m. sharp of the day for such return specified in the praecipe, which 
summons shall state the amount of the plaintiff's claim and shall be 
attested in like manner as a summons issued out of a court of record. 
Upon every such summons there shall be printed in plain type the pro- 
visions of this Act pertaining to defaults in case of the non-appearance 
of the defendant, and setting of the case for trial in case of appear- 
ance, and such further information as may be prescribed by the chief 
justice. 

§ 42. That every such summons issued out of the municipal court 
shall be served, if the defendant be an individual, by delivering to him 
a copy thereof and informing him of its contents ; or, if the defendant 
be a corporation, service shall be made upon such corporation in the 
same manner as is now or hereafter may be provided by law for the 
service of process upon such corporations in a suit at law when issued 
out of a circuit court. There shall be attached to the copy of the sum- 
mons thus served a copy of the plaintiff's praecipe and statement of 
claim. In case said summons shall not be served upon the defendant 
three days or more prior to the return day thereof an alias summons 
may be issued, and a subsequent pluries summons may be issued in 
any case when a previous alias or pluries summons shall not have been 
served upon the defendant three days or more prior to the return day 
fixed in the previous summons. Service of such alias or pluries sum- 
mons shall be made in the same manner as that above provided for the 
service of the original summons. It shall- be the duty of the bailiff to 
return every summons immediately upon the expiration of the time 
within which the same is required to be served upon the defendant. 

§ 43. That upon the return of any such summons duly served upon 
the defendant the plaintiff shall be entitled to judgment as in case of 
default, unless the defendant shall either appear in person at the time 
specified in such summons, or shall file his appearance in writing in 
said municipal court at or before the time fixed in such summons for 
his appearance. In case any defendant appears in person and desires to 
make defense to the suit, the court shall cause him to sign and file a 
written appearance. Upon such default the court shall assess the dam- 
ages after hearing such evidence as the court may deem sufficient for 
that purpose. In case the defendant shall desire upon the trial to 
present any set-off or counter claim, he shall file a statement thereof 
with his appearance : Provided, however, the court may, in its discre- 



courts. 247 



tion, extend the time for the filing of such statement. It shall be the 
duty of the court at half past 9 :oo o'clock a. m. sharp of each day upon 
which the court is open for business, or as soon thereafter as is practi- 
cable, to call or cause to be called, the cases in which the defendants are 
then required to appear in person or to file their appearances in writing 
and in which the appearances in writing of the defendants have not been 
filed, and to give, or cause to be given, such directions with respect to 
such appearances as the court may find necessary or proper for the 
information of the parties. 

§ 44. That the clerk of the municipal court shall keep on hand and 
furnish to suitors and attorneys on application printed blank forms of 
praecipes, summonses, entries of appearance, affidavits, bonds, attach- 
ment writs, replevin writs, petitions for changes of venue, and all other 
necessary papers for the use of the parties to suits in such courts. Forms 
for such papers shall be prescribed by the chief justice of the municipal 
court, who shall also from time to time prescribe and cause to be 
printed forms of statements of claims to be used in said court. 

§ 45. That if, in any case of the fourth class or in any case of the 
fifth class mentioned in said section two (2) of this Act, brought in 
the municipal court, the defendant shall appear at the time specified 
in the summons or shall have entered his appearance in writing at or 
before the time so specified, the court shall, at such time, or as soon 
thereafter as practicable, fix a time for the trial thereof, and such case 
shall be tried at the time so fixed, or as soon thereafter as the other 
business of the court will permit. 

§ 46. That amendments to statements of claims, set-offs and counter 
claims, praecipes, summons and other papers filed by either party mav, 
in the discretion of the court, be allowed at any time. 

§ 47. That the court may, in any case of the fourth class mentioned 
ill section two (2) of this Act, make such orders in respect to the trial 
thereof as the court may deem proper and necessary for the protection 
of the rights of the parties, and the failure of the court to try or other- 
wise dispose of any such case at the time which may be fixed therefor 
shall not operate as a discontinuance, but the same shall remain under 
the control of. the court until the final disposition thereof. 

§ 48. That the practice and proceedings in the municipal court, 
other than the mode of trial and the proceedings subsequent to trial, in 
cases of attachment, garnishment, replevin, distress for rent and forcible 
detainer, included within the cases of the fourth class mentioned in 
section two (2) of this Act, shall be the same, as near as may be, as that 
which is now prescribed by law for similar cases in other courts of 
record with the following exceptions : 

First. There shall be no written pleadings, excepting such as are 
required by law in similar cases before justices of the peace, other than 
the affidavits in attachment, garnishment and replevin, copies of the 
distress warrant in cases of distress for rent, the complaint in forcible 
detainer, and such other written pleadings or statements as may be re- 
quired from time to time by the rules or regulations of the municipal 
court, and the writ and summons shall be made returnable, and shall 



248 courts. 



be served in like manner, as the summons in other cases of such class 
in the municipal court, and notice by publication may be given in 
cases where the amount claimed by the plaintiff does not exceed two 
hundred dollars ($200.00) in the manner now provided by law in 
cases of attachments before justices of the peace, and in all other cases 
in the manner prescribed by this Act for attachment cases of the first 
class, and alias and pluries writs and summonses may be issued under 
like circumstances as alias and pluries summonses in other cases of the 
fourth class. 

Second. In attachment cases the defendant, at the time of his appear- 
ing in person, or of his entering his appearance in writing, if he shall 
desire to be permitted to present any set-off or counter claim, shall file 
a statement thereof. 

Third. In forcible detainer cases the plaintiff may unite with his 
claim for possession of the property any claim for rent or damages for 
withholding possession of the same. 

Fourth. The mode of trial and all proceedings subsequent to the 
trial shall be the same, as near as may be, as in other cases of the fourth 
class, mentioned in section two of this Act. 

§ 48a. Proceedings for the trial of the right of property may be 
instituted in every case in which an execution or writ of attachment 
issued out of any court of record is levied by any sheriff or coroner or 
by the bailiff of the municipal court upon personal property within the 
city of Chicago. Such proceedings shall be commenced by the filing 
by the claimant in the municipal court of a praecipe for a summons 
to such sheriff, coroner or bailiff and to the plaintiff in the execution or 
writ of attachment, together with a statement, verified by the affidavit 
of the claimant, his agent or attorney, of his claim, describing the prop- 
erty claimed. Thereupon a summons shall be issued in accordance with 
such praecipe, which summons shall describe the property claimed and 
shall be made returnable and shall be served within the same time and in 
the same manner as any other summons in a case of the fourth class ; 
and thereupon the proceedings in such case shall be the same, as near as 
may be, as in cases of replevin of the fourth class, excepting that no 
bond shall be required of the claimant nor shall there be any delivery 
of property to him in any case until after final judgment ; but if, upon 
the trial, the claimant shall be found to be entitled to the property or 
to any part thereof, judgment shall be entered in his favor for the prop- 
erty or such part thereof as he shall be found entitled to and he shall 
be awarded execution therefor. 

§ 49. That the practice in the municipal court in cases of the fifth 
class shall be the same, as near as may be, as is herein prescribed for 
civil cases of the fourth class mentioned in section two (2) of this Act 
in said court, excepting as follows : 

First. If, in any case, the defendant, after b«ing duly served with 
summons, fails to appear personally at the time specified in the sum- 
mons, or to enter his appearance at or before such time, the court may 
proceed as in case of default, or may issue a warrant for the arrest of 
the defendant. 



COURTS. 24^ 



Second. When the facts constituting the offense complained of also 
constitute, in whole or in part, a violation of the criminal code, the court 
may issue a warrant in the first instance against the defendant, upon the 
filing by some person of a complaint under oath that the offense has 
been committed, and that the complainant has just and reasonable 
grounds to believe that the defendant committed the offense, and such 
warrant may be served at any place within the city of Chicago, if the 
court, in its discretion, shall so direct. 

Third. A warrant may be issued in the first instance upon the 
affidavit of any person that an ordinance has been violated, and that the 
person making the complaint has reasonable grounds to believe that the 
party charged is guilty thereof and will escape unless arrested, and 
stating the facts upon which such belief is based : Provided, the judge 
to whom application is made for such warrant shall be satisfied, after 
examining, or causing to be examined under oath, the party making 
the affidavit, that such arrest should be made ; and any person arrested 
upon any warrant herein provided for shall, without unnecessary delay, 
be taken before the court to which such warrant is returnable and tried 
for the alleged offense, and such warrant may be served at any place 
within the city of Chicago, if the court, in its discretion, shall so direct. 

Fourth. Any police officer of the city of Chicago may arrest on view 
any person who may be seen by such police officer in the act of violating, 
within the city of Chicago, any ordinance of said city, or any ordinance 
of any municipal corporation, situated, in whole or in part, within the 
limits of said city, whenever such violation is, by such ordinance, made 
punishable by fine or otherwise. Any person so arrested shall, without 
unnecessary delay, be taken by such officer to some convenient branch 
of the municipal court, and such police officer shall thereupon make 
and file a complaint in writing, under oath, against such defendant of 
the violation by such defendant of such ordinance, and such defendant 
shall thereupon be dealt with according to law in the same manner as 
if he had been arrested in the first instance under a warrant lawfully 
issued. 

§ 50. That upon the arrest of any person for any criminal or quasi 
criminal offense within the jurisdiction of the municipal court any 
judge of the municipal court, or any judge of the circuit or superior 
court of Cook county, shall have power to let such person to bail ; and in 
case of the arrest of any person for any quasi criminal offense, or for 
any offense when the punishment is by fine or imprisonment otherwise 
than in the penitentiary, the chief of police, or any captain or lieutenant 
or sergeant of police, of the city of Chicago., or any deputy clerk des- 
ignated for that purpose by an order signed by a majority of the 
judges of the municipal court, shall have power to let such person to 
bail. The bail bond in any such case shall be conditioned for the appear- 
ance of the person arrested before some branch court at a time fixed in 
said bond for such appearance, which time shall not be later than two 
days after the date of the bond, and from day to day thereafter until 
the final judgment or order of the court, and shall be otherwise condi- 
tioned, as near as may be, as a bail bond or recognizance taken in open 
court. Any bond so taken shall be signed by one or more sureties to 



250 COUETS. 



be approved by such judge or officer who shall be authorized and re- 
quired to administer oaths for the purpose of ascertaining - the suffi- 
ciency of the sureties. All bonds so taken shall be filed with the clerk 
of the municipal court at the branch court at which the person so 
arrested is required to appear. The exercise of the power hereby con- 
ferred of letting to bail shall be subject to regulations by such rules as 
may be adopted by a majority of the judges of the municipal court, as 
herein provided. But any person so arrested shall have the right to be 
brought immediately before the municipal court in the district in which 
he is arrested ; or, if there be no judge then in attendance upon such 
court, before the municipal court in any other district at which there 
may be then a judge in attendance, to be dealt with by such court ac- 
cording to law. The court may by rule provide that any defendant 
arrested in any criminal case in which the punishment is by fine or 
imprisonment otherwise than in the penitentiary, or in any quasi crim- 
inal case, in lieu of giving bail for his appearance, may deposit with the 
clerk or with the police officer letting such person to bail, to be by such- 
police officer paid over to the clerk within twenty-four hours after such 
deposit is made, such sum of money as the court may deem sufficient to 
secure his appearance at the time or times fixed therefor, such sum to 
be forfeited and paid into the city treasury in case such defendant shall 
fail to appear at the time or times so fixed : Provided, however, that if, 
upon an application made at any time within thirty days after such for- 
feiture such defendant shall prove to the satisfaction of the court that 
his failure to so appear was the result of serious illness, or other un- 
avoidable accident, the court may, by order, set aside such forfeiture. 

~§ 50a. That the practice and proceedings in the municipal court 
in bastardy cases shall be as follows : 

First. Whenever an unmarried woman, who shall be pregnant or 
delivered of a child, which by law would be deemed a bastard, shall 
file in the municipal court, if she be pregnant, or so delivered in the 
city of Chicago or the person accused be found in said city of Chicago, 
her complaint in writing, under oath or affirmation, accusing a person 
of being the father of such child, the court shall order a warrant 
to issue against the person so accused and cause him to be brought 
forthwith before the court. 

Second. Such warrant shall be issued to the bailiff and to all sheriffs, 
coroners and constables in the State of Illinois and may be executed 
by any officer in any county. 

Third. If, upon his appearance, the defendant denies the charge, 
the court shall cause an issue to be made up whether the 
person charged as aforesaid is the real father of the child or not, which 
issue shall be tried by a jury, unless the party shall elect to waive a 
trial by jury, in which case the issue shall be tried by the court without 
a jury. 

Fourth. Pending the trial of such issue, and the final disposition of 
the matter, the court shall require the defendant to enter into a recog- 
nizance, in such an amount and with such sureties as the court may 
deem just, for the appearance of the defendant, from day to day until 
the entry of the final judgment. 



COURTS. 251 



Fifth. All further proceedings in the case shall be the same, as near 
ac may be, as are provided by law for similar cases in the criminal 
court of Cook county. 

Sixth. The practice in cases of appeals from and writs of error to 
the municipal court in bastardy cases shall be the same, as near as may 
be, as is in this Act provided for cases of the first class, such appeals 
to be taken to and such writs of error to be sued out from the Appellate 
Court of the first district. 

§ 50b. That the practice in the municipal court in proceedings to 
prevent the commission of crimes shall be the same, as near as may be, 
as is now provided by law for similar proceedings before judges of 
courts of record and justices of the peace, with the following excep- 
tions : 

First. The complaint shall be filed with the clerk of the municipal 
court who, when so ordered by the court, shall issue a warrant to the 
bailiff requiring him to forthwith apprehend the person complained of 
and bring him before the court. 

Second. All proceedings in such cases shall be proceedings in court, 
instead of proceedings before a judge thereof, and all orders entered 
in such proceedings shall be orders of court, instead of orders of a 
judge thereof, and shall be entered of record as orders in other cases. 

Third. Recognizance may be taken in open court, and when so 
taken shall have the same force and effect, and be enforced in the 
same manner, as recognizances in other cases taken in open court. 

Fourth. No appeal shall be allowed from any order in such cases to 
the criminal court of Cook county, but all orders of the court may be 
reviewed by appeal to the Appellate Court of the first district. The 
practice in appeals in such cases shall be the same, as near as may be, 
as that provided for by this Act for appeals in cases of the first class. 

§ 50c. That the practice in all proceedings in the municipal court 
for the arrest, examination, commitment and bail of persons charged 
with criminal offenses shall be the same, as near as may be, as is pro- 
vided by law for similar proceedings before judges of courts of record 
and justices of the peace, with the following exceptions : 

First. The complaint shall be filed with the clerk of the municipal 
court, who, when so ordered by the court, shall issue a warrant, which 
shall be directed to the bailiff and to all sheriffs, coroners and constables 
within this State and shall require the officer to whom it is directed to 
forthwith take the person of the accused and bring him before the 
court, and all proceedings in the case shall be proceedings in court 
instead of proceedings before a judge thereof, and all orders entered in 
such proceedings shall be orders of court, instead of orders of a judge 
thereof, and shall be entered of record as orders in other cases. 

Second. All recognizances may be taken in open court, in which 
case they shall have the same force and effect as recognizances in other 
cases taken in open court. 

Third. Upon the hearing the court may, in its discretion, cause the 
testimony of the witnesses to be taken down in shorthand and trans- 
cribed, and when so transcribed it may be certified by the judge and 
transmitted to the clerk of the criminal court, and when so certified and 



252 courts. 



transmitted it may be presented to the grand jury and be given the 
same force and effect by the grand jury as if the witnesses had appeared 
before the grand jury and orally testified. 

§ 5od. That the practice in the municipal court in proceedings 
pertaining to search warrants shall be the same, as near as may be, as 
that provided by law for similar proceedings before judges of courts 
of record and justices of the peace, with the following exceptions : 

First. The complaint shall be filed with the clerk of the municipal 
court, who, when so ordered by the court, shall issue the warrant, which 
shall be directed to the bailiff or to the sheriff or to any constable of the 
county, commanding such officer to search either in the day time or 
the night time the house or place where the stolen property or other 
things for which he is required to search are believed to be concealed 
(which place and property or things to be searched for shall be particu- 
larly designated and described in the warrant), and to bring such stolen 
property or other thing, when found, and the person in whose posses- 
sion they are found, before the municipal court. 

Second. That all proceedings in such cases shall be proceedings in 
court, instead of proceedings before a judge thereof, and all orders 
entered in such proceedings shall be orders of the court, instead of 
orders of a judge thereof, and shall be entered of record as orders in 
other cases. 

§ 51. That both in direct and in collateral proceedings the same 
presumptions shall be indulged with respect to the jurisdiction of the 
municipal court over the subject matter of suits and over the parties 
thereto, and with respect to the regularity of the proceedings of said 
municipal court, as are indulged with respect to the jurisdiction and 
regularity of the proceedings of circuit courts in like cases. 

§ 52. That if the method of procedure in any case within the juris- 
diction of the municipal court is not sufficiently prescribed by this Act, 
or by any rule of court adopted in pursuance hereof, the court may 
make such provision for the conducting and disposing of the same as 
may appear to the court proper for the just determination of the rights 
of the parties. 

§ 54. That the municipal court shall take judicial notice of all mat- 
ters of which courts of general jurisdiction of this State are required 
to take judicial notice, and also the following: 

1. All general ordinances of the city of Chicago and all general 
ordinances of every municipal corporation situated in whole or in part 
within the limits of the city of Chicago, and all ordinances of any 
municipal corporation remaining in force after the annexation of the 
territory of such municipal corporation, in whole or in part, to the 
city of Chicago. 

2. All laws of a public nature enacted by any state or territory of 
the United States. 

§ 56. That the costs in civil cases in the municipal court shall be 
as follows: 

First. In a case of the first class mentioned in section two (2) of 
this Act, the plaintiff, at the time of commencing his suit, shall pay to 



COURT8. 263 



the clerk in full for all services to be rendered by said clerk for the 
plaintiff in said suit other than the making or furnishing of transcripts 
of the record, the sum of eight dollars ($8.00), and if he at the same 
time files with the clerk a demand in writing for a trial by jury, he 
shall pay to the clerk the further sum of six dollars ($6.00). 

Second. In a case of the second class mentioned in section two (2) 
of this Act, the party requesting the transfer of the case at the time 
of the filing in the municipal court of the transcript of the record of 
the proceedings of the court from which the case was transferred, shall 
pay to the clerk in full for all services to be rendered by said clerk for 
said party in said suit other than the making or furnishing of tran- 
scripts of the record, the sum of one dollar ($1.00), and if the said 
party at the same time, or the other party to said case, at the time of 
entering his appearance, files with the clerk a demand in writing for a 
trial by jury, the party so filing such demand shall pay to the clerk the 
further sum of six dollars ($6.00). 

Third. In any case of the first class mentioned in section two (2) 
of this Act, the defendant, at the time of filing his appearance, and be- 
fore he shall be permitted to make any defense, shall pay the clerk in 
full for all services to be rendered by said clerk for the defendant in 
said suit, other than the making or furnishing of transcripts of the 
record, the sum of five dollars ($5.00) ; and if such defendant shall, at 
the time of entering his appearance, also file with the clerk a demanc 1 
in writing of a trial by jury, he shall pay to the clerk the further sum 
of six dollars ($6.00). 

Fourth. In any case of the fourth class mentioned in section two 
(2) of this Act, the plaintiff, at the time of commencing his suit, shall 
pay to the clerk for all services to be rendered by said clerk, if such 
case be other than an action of forcible detainer, the sum of two dollars 
($2.00), when the amount claimed by him in money or property does 
not exceed two hundred dollars ($200.00) ; the sum of five dollars 
($5.00) when the amount claimed by him in money or property ex- 
ceeds two hundred dollars ($200.00) but does not exceed one thousand 
dollars ($1,000.00) ; and in a case of forcible detainer the sum of two 
($2.00), when the plaintiff does not unite with his claim for posses- 
sion of the property any claim for rent or damages, but when he does 
unite with his claim for possession of the property a claim for rent or 
damages, he shall pay to the clerk the further sum of two dollars 
($2.00), when the amount claimed for rent or damages does not ex- 
ceed two hundred dollars ($200.00), and the further sum of five dol- 
lars ($5.00) when the amount claimed for rent or damages exceeds 
two hundred dollars ($200.00) : and in every case of the fourth class, 
if the plaintiff, at the time he commences his suit, files with the clerk a 
demand in writing for a trial by jury, he shall pay to the clerk the 
further sum of six dollars ($6.00). 

Fifth. In any case of the fourth class mentioned in section two (2) 
of this Act, the defendant, at the time of entering his appearance, shall 
pay to the clerk in full for services to be rendered by said clerk, if the 
suit be other than an action of forcible detainer, the sum of two dollars 
($2.00), when the amount claimed by the plaintiff in money or property 



254 courts. 



exceeds two hundred dollars ($200.00) ; and in actions of forcible de- 
tainer in which the plaintiff unites with his claim for possession of the 
property a claim for rent or damages, the sum of two dollars ($2.00), 
when the amount claimed for rent or damages exceeds two hundred 
dollars ($200.00) ; and in every case of the fourth class, if the defend- 
ant, at the time he enters his appearance, files with the clerk a demand 
in writing for a trial by jury, he shall pay to the clerk the further sum 
of six dollars ($6.00). 

Sixth. In any case of the first class and in any case of the second 
class mentioned in section two (2) of this Act, the party delivering to 
the bailiff, or to any sheriff, or to any coroner, any summons, writ of 
attachment, writ of replevin, subpoena, writ of execution or other pro- 
cess, shall, at the time of making such delivery, pay to the bailiff, or 
sheriff, or coroner, as the case may be, the sum of one dollar and 
seventy-five cents ($1.75) for each defendant or other person named 
in such process upon whom service thereof is to be made, and in cases 
of writs of attachment, replevin or execution, he shall pay to the bailiff, 
or to the sheriff, or to the coroner, as the case may be, the further sum 
of one dollar and seventy-five cents ($1.75) when any levy upon or 
seizure of property is to be made thereunder, and shall also pay to 
the bailiff, or sheriff, or coroner, as the case may be, the actual ex- 
pense of seizing and caring for any property levied upon or seized 
thereunder, and the costs for other services of the bailiff, or of the 
sheriff, or of the coroner, as the case may be, in cases of the first class 
and cases of the second class, shall be the same as those required by 
law, from time to time, to be paid for similar services in cases in the 
circuit court of Cook county, excepting that no charge shall be made 
for mileage in the serving of any writ, and that no charge shall be 
allowed for the service or return of any alias writ, when the costs above 
provided for the original writ have been paid. 

Seventh. In any case of the fourth class mentioned in section two 
(2) of this Act, the party delivering to the bailiff any summons, writ 
of attachment, writ of replevin, subpoena, writ of execution or other 
process, shall, at the time of making such delivery, pay to the bailiff 
the sum of one dollar ($1.00) for each defendant or other person 
named in such process upon whom service thereof is to be made ; and 
in cases of writs of attachment, replevin or execution, he shall pay 
to the bailiff the further sum of one dollar ($1.00), when any levy 
upon or seizure of property is to be made thereunder, and shall also 
pay to the bailiff the actual expense of seizing and caring for any 
property levied upon or seized thereunder ; but no costs for the service 
or return of any alias writ shall be chargeable when the costs above 
provided for the original writ have been paid. 

Eighth. In any case the party procuring any certified copy of the 
record, or of any portion thereof, in any case shall pay to the clerk 
the same fees required by law from time to time to be paid to the clerk 
of the circuit court of Cook county for similar services. 

Ninth. In any case of the fourth class mentioned in section two 
(2) of this Act, the bailiff, as commissions on moneys realize by exe- 
cution, shall collect from the defendant in the execution five (5) per 



courts. 255 



cent upon the amount realized, if it do not exceed one hundred dollars 
($100.00) ; but if the amount realized exceeds one hundred dollars 
($100.00), the bailiff shall collect five (5) per cent on the first one 
hundred dollars ($100.00) and three (3) per cent upon the excess 
over one hundred dollars ($100.00). 

Tenth. All other costs not herein expressly provided for shall be 
the same as the costs provided by law in cases in the circuit court of 
Cook county, and all costs shall be taxed in favor of the successful 
party and against the unsuccessful party in the same way and to the 
same extent as costs in similar cases are taxed in the circuit court of 
Cook county, unless the court shall otherwise direct. 

In any case included within the terms of this section the court may, 
in its discretion, order that an advance payment of costs may be waived 
in favor of any poor person whose financial circumstances, as made to 
appear to the court, are such that such advance payment would be 
unduly burdensome or oppressive, and no advance payment of costs 
shall in any case be required to be made either by the State of Illinois, 
the county of Cook, or any municipal corporation or any board of public 
park commissioners situated in whole or in part within the limits of 
the city of Chicago. Any expense incurred on an order of court for 
keeping jurors together shall be paid out of the treasury of the city 
of Chicago, upon the certificate of the clerk of the municipal court. 

§ 57. That the costs in criminal cases and in quasi criminal cases 
and proceedings in the municipal court instituted in the name or by 
the authority of the people or in the name of any State or county 
officer in his official capacity, and the costs in cases of the sixth class, 
to-wit, proceedings for the prevention of the commission of crimes, 
proceedings for the arrest, examination, commitment and bail of per- 
sons charged with criminal offenses, proceedings pertaining to searches 
and seizures of personal property by means of search warrants, and in 
bastardy cases, shall be as follows : 

First. The clerk's fees in full for all services rendered by him, other 
than the making or furnishing of transcripts of the record, shall be 
the sum of six dollars ($6.00) in all cases other than proceedings for 
the arrest, examination, commitment and bail of persons charged with 
criminal offenses, in which last mentioned proceedings the clerk's fees 
shall be the sum of fifteen dollars ($15.00). 

Second. The bailiff's fees shall be the same as those which may now 
or hereafter be fixed by law for the sheriff in counties of the third 
class for similar services, excepting that no charge shall be made for 
mileage in the service of any writ. 

Third. The clerk's fees for the making and certifying of the tran- 
script of a record, or of any part thereof, shall be the same as those 
required by law, from time to time, to be paid to the clerk of the crim- 
inal court of Cook county for similar services. 

Fourth. The fees and mileage of witnesses shall be the same as 
those allowed by law, from time to time, to witnesses in cases in the 
criminal court of Cook county. 

No advance costs of any kind or character shall be required to be 
paid in any such criminal or quasi criminal case, but in case of final 



256 courts. 



judgment being entered against the defendant, all the costs of the suit 
may, in the discretion of the court, be awarded against him and col- 
lected by execution or otherwise, as the court may direct. In cases of 
the sixth class no costs shall be required to be paid in advance. In 
proceedings for the prevention of the commission of crimes, when the 
complaint is not sustained and the court is of the opinion that the 
prosecution was commenced maliciously without probable cause, judg- 
ment may be given against the complainant for the costs of prosecu- 
tion, but when the person complained of is required to give security to 
keep the peace or for his good behavior, the court may order that the 
costs of the prosecution, or any part thereof, shall be paid by such 
person, who shall stand committed until the costs are paid or he is 
otherwise legally discharged. In proceedings for the arrest, examina- 
tion, commitment and bail of persons charged with criminal offenses, 
where the court finds that an offense has been committed and that 
there is probable ground to believe the defendant guilty, the clerk shall 
certify the amount of the costs to the criminal court of Cook county, 
where, in case of the defendant's indictment and conviction, the same 
shall be taxed against him as a part of the costs in the cause in which 
he is so convicted. In proceedings pertaining to searches and seizures 
of personal property by means of search warrants, the court may, if it 
appears that there was no probable cause for suing out the warrant, tax 
the costs against the complainant and award execution against him 
therefor. In bastardy cases, in case judgment is rendered against the 
defendant, the costs shall be taxed against him as a part of the costs 
in such cause, but in case he is acquitted of the charge the costs may 
be taxed against the complaining witness: Provided, that in taxing 
costs in any criminal or quasi criminal case no fee for the issuance of a 
warrant shall be included. 

All moneys collected upon judgments of the municipal court in the 
criminal and quasi criminal cases provided for in this section shall be 
paid to the clerk, who shall, at the end of every three months, apply 
the same, or so much thereof as may be necessary, to the payment of 
the uncollected costs, witness fees and mileage excepted, in criminal 
cases, quasi criminal cases instituted in the municipal court in the name 
of the people or in the name of any State or county officer in his official 
capacity, and also the uncollected costs, witness fees and mileage ex- 
cepted, in cases of the sixth class, and pay over the balance, if any, to 
the officer entitled by law to receive the same. 

§ 58. That the costs in quasi criminal cases in the municipal court 
instituted in the name of the city of Chicago or in the name of any 
officer thereof in his official capacity, or in the name of any municipal 
corporation or any board of public park commissioners situated in 
whole or in part within the city of Chicago, shall be as follows : 

First. The clerk's fees in full for all services rendered by him shall 
be the sum of six dollars ($6.00) : Provided, however, that the court 
may, in its discretion, order that any part or the whole of the costs in 
any criminal or quasi criminal case be remitted, in which case the 
costs so ordered to be remitted shall not be taxed against the defendant. 



COURTS. ZO i 



Second. The bailiff's fees shall be the same as those which may 
now or hereafter be fixed by law for the sheriff in counties of the third 
class for similar services, excepting that no charge shall be made for 
mileage in the service of any writ. 

Third. The clerk's fees for the making and certifying of the tran- 
script of a record, or any part thereof, shall be the same as those 
required by law, from time to time, to be paid to the clerk of the 
criminal court of Cook county for similar services. 

Fourth. The fees and mileage of witnesses shall be the same as 
those allowed by law, from time to time, to witnesses in cases in the 
criminal court of Cook county. 

No advance costs of any kind or character shall be required to be 
paid in any such case, but in case of final judgment being entered 
against the defendant, all the costs of the suit may, in the discretion 
of the court, be awarded against him and collected by execution or 
otherwise, as the court may direct. 

All monies collected upon judgments of the municipal court in cases 
included within this section shall be paid to the clerk, who shall, on or 
before the tenth day of the following month, pay over to the city of 
Chicago all moneys so collected upon judgments in its favor. All 
moneys collected upon judgments of the municipal court in cases for 
the violation of any ordinance, other than an ordinance of the city of 
Chicago, shall be paid to the clerk, who shall, on or before the tenth 
day of the following month, pay over the same as follows : All the 
costs and one-half of all fines and penalties to the city of Chicago and 
one-half of the fines and penalties to the other municipal corporation or 
board of public park commissioners, situated in whole or in part within 
the limits of the city of Chicago, in whose favor such judgment shall 
have been entered. 

§ 59. That the clerk and each deputy clerk shall collect for the 
acknowledgment and entering of memoranda of chattel mortgages and 
for the acknowledgment of other written instruments the same fees 
allowed by law to justices of the peace for similar services, and the fees 
so collected and all costs collected in each month by the clerk and 
bailiff shall be paid over by them respectively to the city of Chicago on 
or before the tenth day of the following month, and the clerk and bailiff 
shall be held personally responsible for all costs required to be paid to 
them in advance, as hereinbefore provided, and the clerk shall be per- 
sonally responsible for all fees required as aforesaid to be collected by 
him and by each deputy clerk. The clerk and the bailiff shall be 
required to keep complete and accurate accounts of all moneys collected 
by them and by their respective deputies, and such accounts shall, under 
the direction of the chief justice of said municipal court, be examined 
and audited monthly, the expense thereof to be paid by the city. 

§ 60. That the offices of justice of the peace, police magistrates and 
constables in and for the territory within the city of Chicago be and 
they are hereby abolished, and that the jurisdiction of justices of the 
peace in the territory of the county of Cook outside of the city of 
Chicago be and it is hereby limited to the territory of said county out- 
side of said citv, but this section of this Act shall not become operative 
—17 L* 



258 courts. 



until the first Monday of December, A. D. 1906, and on and after 
said date the jurisdiction hereby conferred upon the municipal court 
shall exclude the exercise of any portion of such jurisdiction by all 
ether courts excepting courts of record, and on and after said first 
Monday of December, A. D. 1906, no other court than a court of 
record shall exercise jurisdiction in any case in which said municipal 
court is given jurisdiction by this Act. 

§ 61. That when the offices of justices of the peace within the city 
of Chicago shall be abolished the docket of each justice of the peace 
whose office is thus abolished, and all papers in his possession pertain- 
ing to proceedings had before him shall be forthwith delivered up to 
the clerk of the municipal court, who shall preserve the same in his 
office kept in the First district, and who shall have as full power and 
authority to certify to transcripts of such proceedings as such justice of 
the peace would have had had the office not been abolished. Executions 
directed to the bailiff of the municipal court or to the sheriff of Cook 
county may be issued by the clerk of said court upon any unsatisfied 
judgments rendered by such justice of the peace in all cases in which 
the same might have been issued had such office of justice of the 
peace not been abolished, and every such execution shall be a lien upon 
all the personal property of the defendant subject to execution in Cook 
county from the time the same is delivered to the bailiff, and the same 
may be levied upon any such property of the defendant in Cook county. 
Said municipal court shall allow an appeal to the circuit or superior 
court of Cook county from any judgment rendered by any justice of the 
peace within twenty (20) days prior to the first Monday of December, 
A. D. 1906, upon the giving by the appellant of an appeal bond with 
security, as now required by- law in cases of appeals from justices of 
the peace: Provided, such appeal is prayed at any time within twenty 
(20) days after the first Monday of December, A. D. 1906. In all 
cases not determined or finally disposed of by such justice of the peace 
at the time his office is abolished, such proceedings shall be had in said 
municipal court as might be had were such suits originally brought in 
said court, but no trial of any such case shall be had in such court 
without such notice to the parties thereto as the court may deem neces- 
sary. All writs issued by justices of the peace within the city of Chi- 
cago and which shall not have been returned on the first Monday of 
December, A. D. 1906, shall be forthwith returned to the municipal 
court, and said municipal court shall have full power to make such 
provision for the execution or other disposition of all such writs as said 
court may deem proper for the protection of the rights of the respective 
parties to the suits in which such writs have been issued. 

§ 63. That the orders, judgments and decrees of the municipal 
court in cases of the first class and cases of the second class shall have 
the same force, be of the same effect, be liens upon real estate in the 
city of Chicago to the same extent and under the same circumstances, 
and be executed and enforced in the same manner as the judgments, 
orders and decrees of the circuit court of Cook county, and such judg- 
ments and decrees shall also be liens upon real estate in the county of 
Cook outside of the city of Chicago, after certified transcripts of the 



courts. 259 



same shall have been filed in the office of the recorder of Cook county, 
which transcripts shall contain the names of the parties to the suits, the 
kinds of actions, the amounts of the judgments or the general nature 
and effect of the decrees, as the case may be, and the dates on which 
the judgments and decrees were rendered : Proznded, hozvever, that no 
such orders, judgments or decrees shall be liens upon or affect regis- 
tered land or any estate or interest therein until a certificate under the 
hand and official seal of the clerk of the municipal court, stating the 
date and purport of the judgment, decree or order, is filed in the office 
of the register of titles of said Cook county, and a memorial of the 
same is entered upon the register of the last certificate of title to be 
affected. All other judgments of the municipal court shall have the 
same force, be of the same effect and be executed and enforced in the 
same manner as the judgments of the circuit court of Cook county. But 
no such judgment shall be a lien upon the real estate of the person 
against whom it is obtained, excepting from the time of the filing of a 
certified transcript thereof in the office of the recorder of Cook county, 
which transcript shall contain the names of the parties to the suit, the 
kind of action, the amount of the judgment and the date upon which 
the same was rendered: Proznded, hozvever, that no such judgment 
shall be a lien upon or affect registered land or any estate or interest 
therein until a certified transcript thereof is filed in the office of the 
register of titles of Cook county and a memorial of the same is entered 
upon the register of the last certificate of title to be affected. The 
recorder of Cook county shall provide and keep in his office for said 
municipal court well bound books for entering therein an alphabetical 
docket of all judgments and decrees rendered in said municipal court as 
is now required by law for docketing judgments and decrees rendered 
in circuit courts, and shall forthwith, after the filing of any transcript 
herein provided for, enter the same, together with the hour, day, month 
and year of the filing of such certified transcript and the general number 
thereof. In all cases executions issued on judgments of the municipal 
court, when against the lands and tenements, goods and chattels of the 
defendants within the city of Chicago, shall be directed to the bailiff, or 
in case he is disqualified from acting, then to the sheriff of Cook county, 
and shall be liens upon all the personal property of the defendants sit- 
uated within the city of Chicago, from the time they are delivered to the 
bailiff, or to the sheriff, to the same extent as executions issued out of 
the circuit court of Cook county when delivered to the sheriff, and may 
be levied upon the property, real or personal of the defendants situated 
at any place within the city of Chicago, to the same extent as executions 
issued out of the circuit court of Cook county ; but no execution upon a 
judgment, other than one of the first class or one of the second class, 
shall be a lien upon the real estate of the defendants, until the same shall 
be levied thereon and a certificate of such levy filed in the recorder's 
office of the county in which such real estate is situated, and, in case of 
registered land or any estate or interest therein, until a certified trans- 
cript of the judgment is filed in the office of the register of titles of Cook 
county and a memorial of the same is entered upon the register of the 
last certificate of title to be affected. Executions against the lands and 



260 COURTS. 



tenements, goods and chattels of the defendants outside of the city of 
Chicago, shall be directed to the sheriff, or in case he is disqualified 
from acting, to the coroner of the county in which such lands and tene- 
ments, goods and chattels are situated. 

§ 64. That any judgment of the municipal court, for the payment of 
money, when the amount due thereon, exclusive of interest and costs, 
exceeds twenty-five dollars ($25), may also be proceeded under in the 
following manner: 

First. At any time within seven years after the entry of such judg- 
ment and upon the return wholly or partly unsatisfied of an execution 
issued thereon, the judgment creditor shall be entitled to a citation re- 
quiring the judgment debtor, or any other person whom, or corporation 
which the judgment creditor may believe to have personal property of 
the debtor not exempt from execution or garnishment, or to be indebted 
to said judgment debtor in a sum exceeding the amount exempt by law 
from garnishment, to attend before the court and be examined under 
oath concerning such debtor's property at a time and place specified in 
the citation, or after the issuance of an execution against the lands, 
tenements, goods and chattels of any judgment debtor, and before the 
return thereof, upon proof by affidavit to the satisfaction of the court, 
that there is reasonable ground to believe that the judgment debtor has 
property in the city of Chicago, which he unjustly refuses to apply to- 
wards the satisfaction of the judgment, whether subject to execution or 
not, citation may issue as above provided. 

Second. Where it appears from the examination or testimony taken 
pursuant to the provisions of this section that the judgment debtor has 
in his possession or under his control money or other property belong- 
ing to him and not exempt from execution, or that money, choses in 
action, or one or more articles of personal property capable of delivery, 
and the right of possession of which in said judgment debtor is not sub- 
stantially disputed, and which are not exempt by law from execution or 
garnishment, are in the possession or under the control of such other 
person or corporation, the court may, in its discretion, make an order 
directing the judgment debtor, or such other person or corporation, im- 
mediately to pay the money, assign the chose in action or deliver the 
articles of personal property to the bailiff of the municipal court to be g 
by him collected or sold at public sale and the proceeds thereof applied 
towards the satisfaction of said execution and if the amount of money, 
or the proceeds of such collection or sale shall exceed the amount due 
upon such execution and the costs accrued thereon, the overplus shall 
be paid to the said judgment debtor. 

Third. Said citation may, in the discretion of the court, require the 
person or corporation to attend and be examined before one of the 
masters in chancery of the court, or a special commissioner to be ap- 
pointed by the court, designated in said citation, and after said exami- 
nation said master or special commissioner must certify to the court all 
evidence and other proceedings had before him pursuant to the citation. 

Fourth. Upon every examination under this section each answer of 
the party to the citation or witness examined must be under the oath of 
such party, or, if such party be a corporation, under the oath of an 
officer thereof, and the court may, in its discretion, specify the officer. 



COURTS. 261 



Either party may be examined as a witness in his own behalf and may 
produce and examine other witnesses as upon the trial of any action. 
The court, master or special commissioner may postpone any hearing 
hereunder from time to time as it may think proper and may issue sub- 
poenas requiring the presence of any witness desired by either party. 
The court shall have the power to compel the attendance of any party to 
the citation or witness duly subpoenaed by attachment of the person of 
such party or witness and the refusal of a party to such citation, or of a 
witness, to attend or answer proper questions upon the hearing shall be 
adjudged a contempt of court, and shall be punishable in the discretion 
of the court by fine or imprisonmenfin the county jail or house of cor- 
rection for a period not to exceed six months. 

Fifth. The court may tax as costs a fixed sum consisting of witness 
fees, stenographer's fees, master's or commissioner's fees and other 
disbursements, and direct the payment thereof out of any money which 
may come into the hands of the bailiff as a part of the costs of said 
proceedings. 

Sixth. Where the judgment debtor has been examined and property 
applicable to the payment of the judgment has not been discovered in 
the course of the proceedings hereunder, the court may fix a sum con- 
sisting of witness fees and other disbursements made by said judgment 
debtor, including stenographer's fees, and the amount so fixed shall, in 
the discretion of the court, be paid to such judgment debtor, and unless 
paid within the time fixed by the court an execution shall issue against 
the judgment creditor and be served and enforced as other executions. 

Seventh. Any order made hereunder may be served by delivering a 
certified or sworn copy thereof to the person against whom the same is 
made and such service may be made by the bailiff or by any party to the 
proceedings or by his attorney or agent. 

Eighth. All other proceedings hereunder shall be regulated by such 
rules as may be adopted by a majority of the judges of the municipal 
court or by the Supreme Court, in accordance with the provisions of 
this Act. 

§ 2. That this Act shall be submitted to a vote of the legal voters of 
the city of Chicago at the first regular municipal, judicial, general or 
special election which shall occur in said city of Chicago, after the first 
day of July, A. D. 1907. The ballots to be used at said election in vot- 
ing upon this Act shall be in substantially the following form : 



For consenting to the Act entitled "An Act to amend an 
Act entitled 'An .Act in relation to a municipal court in 
the city of Chicago,' approved May 18, 1905." 



Against consenting to the Act entitled "An Act to amend 
an Act entitled 'An Act in relation to a municipal court 
in the city of Chicago,' approved May 18, 1905." 



If a majority of the legal voters of said city voting on the question at 
such election shall vote in favor of consenting to this Act, the same shall 
thereupon take effect and become operative. 

Approved June 3, 1907. 



262 courts. 



SUPERIOR COURT OF COOK COUNTY — ELECTION OF JUDGES. 

§ 1. Time of election and term of office I § 2. Repeal. 
of judges. 

| § 3. Emergency. 

(Senate Bill No. 58. Appboved Febeuaby 16, 1907.) 

An Act to provide for the election and time of election of judges of 

the superior court of Cook county. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That each of the sitting judges 
of the superior court of Cook county shall hold his office until the ex- 
piration of the term for which he was elected ; and from and after the 
passage of this Act the twelve (12) judges of the superior court of 
Cook county shall be elected as follows: Six (6) judges on the 
Tuesday next after the first Monday in November in the year of our 
Lord 1910, and every six (6) years thereafter, and four (4) judges 
on the Tuesday next after the first Monday in November in the year 
of our Lord 191 1. and every six (6) years thereafter, and one (1) 
judge on the first Tuesday in April, in the year of our Lord 1907, 
and every six (6) years thereafter, and one (1) judge on the first 
Monday in June in the year of our Lord 1909, and every six (6) years 
thereafter. 

Each of the judges so elected as herein provided shall enter upon 
the duties of his office on the first Monday in December next after his 
election and shall hold office for a term of six (6) years and until his 
successor is elected and qualified. 

§ 2. All Acts and parts of Acts in conflict with this Act are hereby 
repealed. 

§ 3. Whereas, An emergency exists, therefore this Act shall be in 
force from and after its passage and approved [approval] by the 
Governor. 

Approved February 16, 1907. 

V — 



SUPREME COURT— APPEALS. 

§ 1. Amends section 5, Act of 1897. § 5. Provides how and when. 

appeal shall he taken. 

(Hocse Bill No. 240. Appeoved Mat 13, 1907.) 

An Act to amend section five (5) of an Act entitled "An Act to di- 
minish the number of the judicial divisions of the supreme court; 
to change the time and places of holding said court, and to regulate 
the practice in said court," approved April 2, 1897, ^ n force July 
1, 1897. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section five (5) of "An Act 
to diminish the number of the judicial divisions of the supreme court, to 
change the time and places of holding said court, and to regulate the 
practice in said court," be amended so as to read as follows : 



coukts. 263 



§ 5. All appeals to the supreme court shall be prayed and allowed 
at the term at which the judgment, order or decree appealed from is 
rendered, and not more than twenty (20) days after the date of the 
entry of such judgment, order or decree. Authenticated copies of 
records, or judgments, orders and decrees appealed from shall be 
filed in the office of the clerk of the supreme court on or before 
twenty (20) days before the first day of the succeeding term of said 
court : Provided, fifty ( 50) days shall have intervened between the day 
on which the order allowing such appeal shall have been entered and 
the first day of such succeeding term of said court. But if less than 
fifty (50) days shall have intervened as aforesaid, then such copies 
of record shall be filed on or before twenty (20) days before the first 
day of the second term succeeding the allowance of said appeal ; other- 
wise the said appeal shall be dismissed. Further time to file such 
copies of record may be granted by said court or by some justice 
thereof in term time or vacation upon good cause shown, provided 
application therefor shall be made before the expiration of the time 
herein fixed for filing such copies of record. 

Approved May 13, 1907. 



SUPREME COURT— BAILIFF. 

§ 1. Amends section 11, Act of 1874. § 2. [11]. Bailiff appointed by 

supreme court — duties 
— salary. 

(House Bill Xo. 692. Approved May 17, 1907.) 

An Act to amend section eleven (n) of an Act entitled "An Act 
to revise the lazv in relation to the supreme court/' approved March 
23, 1874, i n force July I, 1874. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section eleven (11) of an 
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 : 

§ 2. [ii.] A bailiff for the supreme court is hereby created, such 
bailiff to be selected by the supreme court and the duties of such 
bailiff shall be to attend upon its sittings, and to perform such other 
duties under the order and direction of the said court as are usually 
performed by sheriffs of courts. The salary of such bailiff is hereby 
fixed in the sum of twelve hundred dollars ($1,200.00) per year, pay- 
able monthly, such salary to be paid out of any moneys in the treasury 
not otherwise appropriated, upon bills of particulars, signed by any one 
of the justices of the supreme court 

Approved May 17. 1907. 



264 OEIMINAL CODE. 



CRIMINAL CODE. 



ANIMALS — TRANSPORTATION REGULATED. 

§ 1. Amends section 51. division I, Act I § 51. Animals in car over 86 

of 1874. consecutive hours — de- 

I lays — care — penalty. 

(Senate Bill No. 502. Appeoved May 17, 1907.) 

An Act to amend section 51 of division 1 of an Act entitled "An Act 
to revise the law in relation to criminal jurisprudence," approved 
March 2f, 1874, in force July 1, 1874. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section 51 of division 1 of an 
Act entitled "An Act to revise the law in relation to criminal juris- 
prudence," approved March 27, 1874, in force July 1, 1874, be and the 
same is hereby amended so as to read as follows : 

§ 51. No railroad or other common carrier in the carrying or trans- 
portation of any cattle, sheep, swine or other animals shall allow the 
same to be confined in any car more than thirty-six consecutive hours, 
unless delayed by storm or accident, when they shall be so fed and 
watered as soon after the expiration of such time as may reasonably be 
done. When so unloaded they shall be properly fed, watered and 
sheltered during such rest by the owner, consignee or person in custody 
thereof, and in case of their default, then by the railroad company 
transporting them, at the expense of said owner, consignee or person 
in custody of the same ; and such company shall have a lien upon the 
animals until the same is paid. A violation of this section shall sub- 
ject the offender to a fine of not less than $3 nor more than $200. 

Approved May 17, 1907. 



BADGES OR EMBLEMS OF G. A. R., ETC. — UNLAWFUL USE. 

$ 1. Unlawful use of certain badges or I § 2. Penalty. 
emblems. 

§ 3. Repeal. 

(Senate Bill No. 370. Appeoved May 20, 1907.) 

An Act in relation to wearing the badge or emblems of the Grand 
Army of the Republic, the United Spanish War Veterans Associa- 
tion, or the Army of the Philippines, to provide a penalty for a vio- 
lation thereof, and to repeal a certain Act therein named. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be unlawful for any 
person to wear the badge or emblems of the Grand Army of the Re- 
public, The United Spanish War Veterans Association or the Army 
of the Philippines, to obtain aid or assistance thereby from any person, 
unless he shall have been honorably discharged and be entitled to wear 
or use the same under the rules and regulations of the Grand Army 



CRIMINAL CODE. 265 



of the Republic, The United Spanish War Veterans Association, or 
the Army of the Philippines respectively. 

§ 2. Any person convicted of a violation of any of the provisions 
of section one of this Act shall be deemed by the court guilty of a 
misdemeanor, and shall be fined in any sum not less than ten dollars 
and not more than two hundred dollars. 

§ 3. An Act entitled "An Act to make it unlawful to wear the 
badge or emblems of the Grand Army of the Republic, or to use the 
same to obtain aid or assistance thereby from any person and to pro- 
vide a penalty for the violation thereof," approved June 17, 1891, in 
force July 1, 1891, is hereby repealed. 

Approved May 20, 1907. 



CIGARETTES. 

{ 1. Unlawful to manufacture, sell or I § 2. Smoking In public, etc. — penalty. 
give away, etc. — penalty. 

§ 3. Penalty for furnishing, etc. 

(Senate Bill No. 32. Appboved Jcnb 3, 1907.) 

An Act to regulate the manufacture, use and sale of cigarettes in the 

State of Illinois. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That every person who shall manu- 
facture, sell or give away any cigarette containing any substance dele- 
terious to health, including tobacco, shall be punished by a fine not 
exceeding one hundred dollars ($ioo), or by imprisonment in the 
county jail for a period not to exceed thirty (30) days. 

§ 2. Every person under the age of eighteen (18) years and over 
the age of seven years, who shall smoke or use cigarettes, on any public 
road, street, alley or park or other lands used for public purposes, or 
in any public place of business or amusement, shall be guilty of a mis- 
demeanor and punished for each offense by a fine of not more than ten 
dollars ,($10). 

§ 3. That every person who shall furnish any cigarettes in any 
form to any such person, or who shall permit any such person to fre- 
quent the premises owned by him for the purpose of indulging in the 
use of cigarettes, in any form, shall be guilty of a misdemeanor and 
punished by a fine not exceeding fifty dollars ($50.00) for the first 
offense, and not exceeding one hundred dollars ($100) for the second 
and every additional offense, or imprisonment in the county jail for a 
period not exceeding thirty (30) days for each offense. 

Approved June 3, 1907. 



266 CRIMINAL CODE. 



CRIMES AGAINST CHILDREN. 

j 1. Crimes against children defined — I § 2. Emergency, 
penalty. 

(House Bill No. 805. Approved May 17, 1907.) 

An Act to define and punish crimes against children. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That any person of the age of 
seventeen years and upwards who shall take, or attempt to take, any 
immoral, improper or indecent liberties with any child of either sex, 
under the age of fifteen years, with the intent of arousing, appealing 
to or gratifying the lust or passions or sexual desires, either of such 
person or of such child, or of both such person and such child, or who 
shall commit, or attempt to commit, any lewd or lascivious act upon 
or with the body, or any part or member thereof, of such child, with 
the intent of arousing, appealing to or gratifying the lust or passions 
or sexual desires, either of such person or of such child, or of botrT 
such person and such child, or any such person who shall take any such 
child or shall entice, allure or persuade any such child, to any place 
whatever for the purpose either of taking any such immoral, improper 
or indecent liberties with such child, with said intent, or of committing 
any such lewd or lascivious act upon or with the body, or any part or 
member thereof, of such child with said intent, shall be imprisoned in 
the penitentiary not less than one year nor more than twenty years : Pro- 
vided, that this Act shall not apply to offenses constituting the crime 
of sodomy or other infamous crimes against nature, incest, rape or se- 
duction. 

§ 2. Whereas, An emergency exists, therefore this Act shall take 
.^effect and be in force from and after its passage and its approval by 
the Governor. 

Approved May 17, 1907. 



DRAMATIC COMPOSITION. 

§ 1. Unauthorized performance or representation — penalty. 

(Senate Bill No. 190. Approved June 1, 1907.) 

An Act prohibiting the unauthorized performance or representation 
of any unpublished or undedicatcd dramatic composition or dra- 
matic musical composition and penalty for the same. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That any person who causes to be 
publicly performed or represented any unpublished or undedicated 
dramatic composition or dramatic musical composition known as an 
opera, without the consent of its owner or proprietor, or who, knowing 
that such dramatic or musical composition is unpublished or undedi- 
cated, and without the consent of its owner or proprietor, permits, aids 
or takes part in such a performance or representation, or who know- 



CRIMINAL CODE. 267 



ingly sells a copy or a substantial copy of any unpublished, undedicated 
or copyrighted dramatic composition or musical or dramatic musical 
composition, known as an opera, without the consent of the author or 
proprietor of such dramatical or dramatic musical composition shall be 
guilty of a misdemeanor, and upon conviction thereof, shall be fined not 
less than fifty dollars ($50.00) and not more than three hundred dollars 
($300.00), or imprisoned for not less than thirty (30) days or more 
than three (3) months, or both such fine and imprisonment. 
Approved June 1, 1907. 

EMBALMING FLUIDS. 

§ 1. Arsenic or strychnine in fluid indi- I § 3. Penalty, 
cated by label. 

§ 2. Prohibits embalming with prepara 
tion containing arsenic or strych- 
nine. I 

(Senate Bill No 232. Approved May 20, 1907.) 

An Act to regulate the manufacture, sale, use or disposal of embalm- 
ing fluids, containing arsenic or strychnine and providing for a 
penalty for the violation thereof. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That no person, firm, corporation 
or co-partnership shall manufacture, give away, sell, expose for sale 
or deliver any embalming fluid or other fluid of whatsoever name, to 
be used for or intended for use in the embalming of dead human 
bodies, which contains arsenic or strychnine, without having the words 
"Arsenic contained herein" or "Strychnine contained herein" (as the 
case may be) written or printed upon a ^abel pasted on the bottle, 
cask, flask or carboy in which said fluid shall be contained. 

§ 2. No undertaker or other person shall embalm with, inject 
into, or place upon, any dead human body, any fluid or preparation 
of any kind which contains arsenic or strychnine. 

§ 3. Any person, firm, corporation or co-partnership who shall 
violate any provisions of this Act shall be deemed guilty of a misde- 
meanor and upon conviction shall be fined not less than fifty dollars 
($50.00). 

Approved May 20, 1907. 



PARIS GREEN. 

§ 1. Printed label or statement as to I § 2. Penalty, 
quality, weight, etc. — standard 
prescribed. § 3. State's attorney to prosecute. 

(Senate Bill No. 196. Approved Apeil 22, 1907.) 

An Act to regulate the sale of Paris green. 

Section i. Be it enacted by the People of the State of Illinois^ rep- 
resented in the General Assembly: That every lot or parcel of Paris 
green sold, or offered or exposed for sale, within the State shall have 
affixed thereto in a conspicuous place a printed label bearing the words, 
"High grade, for insecticide purposes," or the words, "Not for in- 



268 



CRIMINAL CODE. 



secticide purposes," and every package labeled as of high grade for 
insecticide purposes shall have affixed thereto a plainly printed state- 
ment, clearly and truly certifying the name, brand or trade-mark under 
which the article is sold, the name and address of the manufacturer, 
importer or dealer, the net weight of the package and the percentage 
of arsenic in combination with copper which the Paris green in said 
package contains. If the Paris green is sold in bulk for insecticide 
purposes, or if it is put up in packages and sold at retail to the 
purchaser, the agent or dealer shall furnish the purchaser with the 
label and statement described in this section, and it shall be unlawful 
to sell, or to offer or expose for sale as of high grade for insecticide 
purposes any Paris green which does not contain arsenic in combina- 
tion with copper equivalent to at least fifty (50) per cent of arsenious 
trioxide, or which contains arsenic in water-soluble forms equivalent 
to more than three and one-half (3^) per cent, of arsenious trioxide. 

§ 2. Any manufacturer, importer, agent or other person selling, 
offering, or exposing for sale, any Paris green without the label re- 
quired by section one of this Act, or selling, offering, or exposing for 
sale as of high grade for insecticide purposes, any Paris green without 
the printed statement required by section one of this Act, or with a 
label stating that the said Paris green contains substantially a larger 
percentage of arsenic in combination with copper than is actually pres- 
ent therein, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than fifty dollars ($50.00) nor more 
than two hundred dollars ($200.00) for each offense. 

§ 3. It shall be the duty of the State's attorney of each county to 
prosecute the person or persons violating any provisions of this Act. 

Approved April 22, 1907. 



TICKETS TO THEATRES, ETC. — 1. 



§ 4. 



Owner not to lease premises for un- 
lawful sale. 



§ 5. Penalties. 



5 1. Price printed on tickets. 

§ 2. Violation made misdemeanor. 

§ S. Agency rates no greater than box 
office. 

(Senate Bill No. 111. Approved Apiul 22, 1907.) 

An Act to prohibit the sale of tickets for more than the price printed 
thereon, for theatres, circuses and places of amusement, and declar- 
ing same a. misdemeanor, and fixing the penalties therefor. 

Section i. Be it enacted by thq People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be the duty of owners, 
lessees and managers of any theatre, circus, place of public entertain- 
ment or amusement to have printed on all tickets issued for admission 
thereto or for seats of such theatre, circus, place of public entertain- 
ment or amusement, in conspicuous type, the price of such ticket, and 
the following words : This ticket can not be resold for more than the 
price printed hereon. 

§ 2. That any person or persons, firm or corporation, owning, 
occupying, managing or controlling any building, room, park or en- 



CRIMINAL CODE. 269 



closure for the sale of tickets for theatres, circuses or places of public 
entertainment or amusement a price in excess of that received from any 
person or persons for the same privilege or in excess of the advertised 
or printed rate therefor, who shall ask, demand or receive from any per- 
son or persons for the sale of such ticket or tickets to a theatre, circus 
or place of public entertainment or amusement, or any person, firm or 
corporation who by themselves, or by any agent or employe offers for 
sale upon any public place or thoroughfare, any such ticket or tickets 
to a theatre, circus or place of public entertainment or amusement 
for admission thereto, or for a seat or other privilege therein at a 
price in excess of that received from any other person or persons for 
the same privilege, or in excess of the advertised or printed rate 
therefor shall be deemed guilty of a misdemeanor. 

§ 3. It shall be unlawful for any person, persons, firm or corpora- 
tion to establish an agency or sub-office for the sale of seat tickets of 
admission to a theatre, circus or place of public entertainment or 
amusement, at a price greater than that asked therefor at the box office 
of such theatre, circus, place of public entertainment or amusement, or 
in excess of the advertised price or printed rate therefor. 

§ 4. That the owner, lessee or occupant of any building, room en- 
closure or other place, who permits any person, persons, firm or corpo- 
ration to sell or exhibit for sale, in said building, room or enclosure, 
or other place, any ticket or tickets for a theatre, circus or place of 
public entertainment or amusement, for more than the advertised price 
or the price printed thereon, shall be deemed guilty of a misdemeanor. 

§ 5. Any person, persons, firm or corporation violating any of the 
provisions of this Act shall upon conviction be fined in a sum not less 
than $50.00 nor more than $200.00, or confined in the county jail not 
less than thirty days nor more than six months, or both, in the discre- 
tion of the court. 

Approved April 22, 1907. 



TICKETS TO THEATRES, ETC. — 2. 

§ 1. Price printed on tickets. § 4. Owner not to lease premises for un- 

lawful sale. 



§ 2. Violation made misdemeanor. 



§ 5. Penalties. 



S 3. Agency rates no greater than box 

office. I § 6. Repeal. 

(Senate Bill No. 535. Appboved June 4, 1907.) 

An Act to prohibit the sale of tickets for more than the price printed 
thereon, for theatres, circuses and places of amusement, and declar- 1 
ing same a misdemeanor, and fixing the penalties therefor, and to re- 
peal a certain Act herein named. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be the duty of owners, 
lessees and managers of any theatre, circus, place of public entertain- 
ment or amusement to have printed on all tickets issued for admission 



270 CRIMINAL CODE. 



thereto or for seats of such theatre, circus, place of public entertain- 
ment or amusement, in conspicuous type, the price of such ticket, and 
the following words : This ticket can not be resold for more than the 
price printed hereon. 

§ 2. That any person or persons, firm or corporation, owning, 
occupying, managing or controlling any building, room, park or en- 
closure for the sale of tickets for theatres, circuses or places of public 
entertainment or amusement, who shall ask, demand or receive from 
any person or persons for the sale of such ticket or tickets to a theatre, 
circus or place of public entertainment or amusement, a price in excess 
of that received from any person or persons for the same privilege, or 
in excess of the advertised or printed rate therefor, or any person, 
firm or corporation who by themselves, or by any agent or employe 
offers for sale upon any public place or thoroughfare, any such ticket 
or tickets to a theatre, circus, or place of public entertainment or amuse- 
ment, for admission thereto, or for a seat or other privilege therein, at 
a price in excess of that received from any other person or persons for 
the same privilege, or in excess of the advertised or printed rate there- 
for, shall be deemed guilty of a misdemeanor. 

§ 3. It shall be unlawful for any person, persons, firm or corpora- 
tion to establish an agency or sub-office for the sale of seat tickets of 
admission to a theatre, circus or place of public entertainment or 
amusement, at a price greater than that asked therefor at the box 
office of such theatre, circus, place of public entertainment or amuse- 
ment, or in excess of the advertised price or printed rate therefor. 

§ 4. That the owner, lessee or occupant of any building, room, 
enclosure or other place open to the public, who permits any person, 
persons, firm or corporation to sell or exhibit for sale in said building, 
room or enclosure, or other place open to the public, any ticket for 
theatre, circuses or place of public entertainment or amusement, for 
more than the price printed thereon, shall be equally liable as principal. 

§ 5. Any person, persons, firm or corporation violating any of the 
provisions of this Act shall, upon conviction, be fined in a sum not less 
than $50.00 nor more than $200.00, or confined in the county jail not 
less than thirty days nor more than six months, or both, in the discre- 
tion of the court. 

§ 6. That an Act entitled "An Act to prohibit the sale of tickets 
for more than the price printed thereon, for theatres, circuses, and 
places of amusement, and declaring same a misdemeanor, and fixing 
the penalties therefor," approved April 22, 1907, be, and the same is 
hereby repealed. 

Approved June 4, 1907. 



CRIMINAL CODE. 271 



VAGABONDS. 

| 1. Amends section 271, Act of 1874. I § 271. Provides for arrest and 

punishment of vaga- 
bonds. 

(Senate Bill No. 293. Approved May 24, 1907.) 

An Act to amend section 271 of an Act entitled, "An Act to revise the 
Jaw in relation to criminal jurisprudence," approved March 27, 1876, 
[18/4], as amended by an Act approved April 27, 18//, in force July 
1, 1877, entitled, "An Act to amend an Act entitled, 'An Act to revise 
the law in relation to criminal jurisprudence," approved March 2j, 
1874. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 271 of "An Act 
to revise the law in relation to criminal jurisprudence," approved March 
27, 1874, as amended by an Act entitled, "An Act to amend an Act to 
revise the law in relation to criminal jurisprudence," approved April 27. 
1877, in force July 1, 1877, be amended to read as follows: 

§271. It shall be the duty of the sheriff, bailiff of the municipal 
court of Chicago, constable, city marshal and police officers of any 
county, town, village, city or other municipality in this State, to arrest, 
upon warrant, and bring before the nearest justice of the peace or police 
magistrate, or, if within the city of Chicago, before the municipal court 
of Chicago, any such vagabond, wherever he may be found, for the 
purpose of examination ; and if he pleads guilty, or if he be found 
guilty, either by the verdict of a jury or by the finding of the said jus- 
tice of the peace, police magistrate, or municipal court, where a jury 
trial is waived, the said justice of the police, police magistrate or muni- 
cipal court may sentence the said vagabond to imprisonment at hard 
labor upon the streets or highways, or in the jail, calaboose or other 
buildings used for penal purpose [purposes] of the county, town, vil- 
lage, city or other municipality in which such vagabond was convicted ; 
or to the house of correction of any city having a contract with such 
county for the care of prisoners, for a term of not less than ten (10) 
days and not exceeding six months, in the discretion of the said justice 
of the peace, police magistrate or municipal court ; or the said justice of 
the peace, police magistrate or municipal court may sentence the said 
vagabond to pay a fine of not less than twenty dollars ($20) nor more 
than one hundred dollars ($100) and costs of suit; and in default of the 
immediate payment of said fine and costs so imposed, said vagabond 
shall thereupon be sentenced by said justice of the peace, police magis- 
trate or municipal court to imprisonment at hard labor in said jail, cala- 
boose, or other building used for penal purposes, or in said house of cor- 
rection, or on the streets or public highways until said fine and costs are 
worked out at the rate of $1.50 per day for each day's work, or until 
said fine and costs shall have been otherwise paid, or until said vaga- 
bond is discharged according to law. 

Approved May 24, 1907. 



272 CRIMINAL CODE. 



WEITS OF ERROR — SUPERSEDEAS AND LETTING TO BAIL. 

§ 1. Amends sections 5 and 6, division I § 5. Supersedeas — how issued. 

15, Act of 1874. 

I § 6. Letting to bail. 

(House Bill No. 97. Approved May 25, 1907.) 

An Act entitled "An Act to amend sections j and 6 of division 15 of an 
Act entitled "An Act to revise the law in relation to criminal jurispru- 
dence" approved March 27, 1874, in force July I, 1874. 

Section i. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 5 and 6 of division 15 
of 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 are hereby amended to read as follows : 

§ 5. If, after inspecting the transcript, the court or judge is of the 
opinion that there is reasonable cause for allowing a writ of error, and 
shall also be of the opinion that there is a reasonable doubt as to the 
guilt of the defendant, or that there is serious or prejudicial error in the 
record, it shall be granted, by endorsement on the back of the tran- 
script, with a direction that the same be made a supersedeas, and super- 
sedeas shall issue in like manner and in like effect as in cases where the 
sentence is death. 

§ 6. When the court or judge is of the opinion that there is reason- 
able cause for believing that the judgment will be reversed, or that the 
judgment will be reversed and remanded, and the offense is one for 
which the party accused was entitled to bail before conviction, it shall be 
the duty of the court or judge to make an order to admit such prisoner 
to bail upon his entering into a recognizance to the People of the State 
of Illinois, in such sum and with such security as said court or judge 
shall prescribe conditioned that the prisoner will appear at the next term 
of the court in which his trial took place, and at each subsequent term of 
said court, on the first days thereof, until the determination of such writ 
of error, and will not at any of the terms of said court depart the court 
without leave, and that in case the judgment is affirmed he will sur- 
render himself to the sheriff, or warden, or other officer from whose 
custody he is bailed. 

Approved May 25, 1907. 



DRAINAGE. 273 



DRAINAGE. 



DRAINAGE COMMISSIONERS— ELECTIONS, OFFICERS. VACANCY. 

§ 1. Amends section 15a, Act of 1885. § 2. Emergency. 

§ 15a. As amended, provides for 
an ejection to fill va- 
cancy. 

(House*Bill No. 221. ArPKOVED Febbuaby 27, 1907.) 

An Act to amend section 15a of an Act entitled, "An Act to provide 
for drainage for agricultural and sanitary purposes, and to repeal 
certain Acts therein named/' approved June 27, 1885, in force July 
1, 1885, as amended by Act approved June 21, 1895, in force July 1, 
1895. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 15a of an Act en- 
titled, "An Act to provide for drainage for agricultural and sanitary 
purposes, and to repeal certain Acts therein named," approved June 27, 
1885, in force July 1, 1885, as amended by Act approved June 21, 1895, 
in force July 1, 1895, be amended so as to read as follows: 

§ 15a. Upon the organization of any drainage district as provided 
in section 15 of this Act, the duties and obligations of the commission- 
ers of highways, as said drainage commissioners of such district shall 
cease as soon as drainage commissioners shall have been elected and 
qualified as herein provided. It shall be the duty of the town clerk to 
call an election in each district in his township, including the new dis- 
tricts organized during the previous year, by giving ten (10) days' 
notice that an election will be held (specifying time and place), said 
notices shall be posted in three (3) conspicuous places in said districts. 
Elections shall be held in the several drainage districts organized under 
this Act on the second Saturday in March of each year, between the 
hours of 2 :oo and 6 :oo o'clock p. m. 

At the first election in each district there shall be elected three (3) 
commissioners, one for one year, one for two years, and one for three 
years, and annually thereafter, one drainage commissioner shall be 
elected who shall hold his office three years, and until his successor is 
elected and qualified. Every adult owner of land in the district, 
whether residing within or without the district, shall be a voter, and if 
a resident of the county in which the district or any part thereof lies, 
eligible to the office of drainage commissioner. Said elections shall be 
conducted after the manner provided by law governing school elections. 
Commissioners of highways shall act as judges and clerk of the first 
election held in any district; thereafter the drainage commissioners 
shall act as judges and clerk of elections in their respective districts. If 
said commissioners be not present, it shall be competent for the electors 
present to select judges and clerk of said election. Returns of said 
election shall be made to the town clerk, who shall record the same in a 
book kept for that purpose. Said commissioners shall take the oath of 

—18 L 



274 



DRAINAGE. 



office before some officer authorized to administer oaths. Said com- 
missioners shall be known by the corporate name of drainage commis- 
sioners of district No of the town of county 

of State of Illinois, and by that name shall be a body politic 

and corporate, and may sue and be sued, plead and be impleaded, con- 
tract and be contracted with, and shall be the corporate authority of 
their respective districts. Before entering upon their duties as herein 
provided, the drainage commissioners shall take and subscribe an oath 
substantially as follows, viz : 

We, drainage commissioners of drainage district No. 

, do solemnly swear (or affirm) that we will faithfully and im- 
partially perform the duties required of us to the best of our under- 
standing and judgment and make assessment of damages and benefits 
(or benefits as the case may be), in favor of or against the land in said 
district, according to law. 

When a vacancy occurs amongst the drainage commissioners, elected 
under this Act, it shall be the duty of the surviving commissioner or 
commissioners to call an election to fill the vacancy. The commission- 
ers shall give not less than ten (10) days' notice of the time when and 
place where the election will be held, and the ballot shall state that the 
commissioner or commissioners are being elected to fill a vacancy. 

§ 2. Whereas, There are now vacancies among the commissioners 
in drainage districts in the State incorporated under this Act, and there 
is no provision in the Act for the filling of such vacancies, therefore an 
emergency exists, and this Act shall be in force from and after its 
passage. 

Approved February 27, 1907. 



§ 1. 



Amends sections 2, 4. 13/ 16, 17, 
17%, 19, 20, 21, 22, 37 and 58. 
repeals section 25 and adds sec- 
tion 75, Act of 1879. 



DRAINS. DITCHES AND LEVEES. 
§ 19. 



§ 2. 

§ 4. 

§ 13. 

§ 16. 



Petition organizing drain- 
age districts. 



Jurisdiction of 
court. 

Filing of report- 
of confirmation. 



county 
—notice 



Order of confirmation— 
record — organization. 



§17. Right-of-way — damages. 

§ 17%. Assessment for repairs — 
costs. 



§ 18. 



Assessment 
— costs. 



for benefits 



Correction of assessment. 

§ 20. Hearing objections — cor- 
rections. 

§ 21. Proceedings on hearing. 

§ 22. Confirmation and ap- 
proval. 

§ 37. Suits — money used under 
direction of court. 

§ 58. Assessing lands benefited 
outside of district — 
proceedings. 

§ 75. Districts formed by mu- 
tual agreement — com- 
missioners. 

[§ 2] § 76. Repeal — rights saved. 

[§ 3] § 77. Emergency. 



I Sex ate Bill No. 304. Approved May 20, 1907.1 



An Act to amend sections two (2), four (4), thirteen (13), sixteen 
(16), seventeen (17), seventeen and one-half (17 1-2), nineteen (19), 
twenty (20) , twenty-one (21) , tzventy-tzvo (22), thity-seven (37) , and 



DRAINAGE. 275 



fifty-eight ($8), and to repeal sections twenty-five (23) of an Act en- 
titled "An Act to provide for the construction, reparation and protec- 
tion of drains, ditches and levees across the lands of others for agri- 
cultural, sanitary and mining purposes and to provide for the organ- 
ization 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, ^ n force July 1, 1885, as 
amended by an Act approved June 4, 1889, in force July 1, 1889, as 
amended by Act of June 23, 1895, in force July 1, 1895, as amended 
by Act approved May 10, 190 1, in force July 1, 190 i„ as amended by 
an Act approved May 11, 1901, in force July 1, 1901, as amended by 
Act approved May 14, 1903, in force July 1, 1903, and to add one new 
section to be known as section seventy-five." 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections two (2), four 
(4), thirteen (13), sixteen (16), seventeen (17), seventeen and one- 
half (17^2), nineteen (19), twenty (20), twenty-one (21), twenty-two 
(22), thirty-seven (37), and fifty-eight (58), and to repeal section 
twenty-five (25) of an Act 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 therein entitled, and to 
repeal certain laws therein named, approved June 30, 1885, m force 
July 1, 1885, as amended by Act approved June 4, 1889, in force July 
1, 1889, as amended by Act of June 24, 1895, in force July 1, 1895, as 
amended by Act approved May 10, 1901, in force July 1, 1901, a? 
amended by Act approved May 11, 1901, in force July 1, 1901, as 
amended by Act approved May 14, 1903, in force July 1, 1903, and to 
add one new section to be known as section seventy-five, to be amended 
to read as follows : 

§ 2. Whenever a majority of the owners of lands within a district 
proposed to be organized, who shall have arrived at lawful age and who 
represent one-third (1-3) in area of the land to be reclaimed or bene- 
fited, or whenever one-third (1-3) of the owners of lands within a dis- 
trict proposed to be organized, who shall have arrived at lawful age 
and who represent a major portion in area of the lands to be reclaimed 
or benefited, desire to construct a drain or drains, ditch or ditches, levee 
or levees, or other work to be known in this Act as a "drainage and 
levee district;" or "drainage and levee work," across the lands of 
others, for agricultural, sanitary or mining purposes, or to maintain 
and keep in repair any such drain or drains, ditch or ditches, levee or 
levees, heretofore constructed under any law of this State, or to estab- 
lish in said district the combined system of drainage or protection from 
overflow, independent of levees, for agricultural, sanitary or mining 
purposes and maintain the same by special assessments upon the prop- 
erty benefited thereby, such owners may file, in the county court of any 
county in which the greater part of the lands to be affected by such 
drain or drains, ditch or ditches, levee or levees, or other work proposed 
to be constructed, maintained or repaired shall lie. a petition signed by 



276 DRAINAGE. 



the requisite number of land owners owning the required area as in this 
section provided within said district proposed to be organized as afore- 
said, setting forth the proposed name of the said drainage district, the 
necessity of the same, with a description of the proposed starting points, 
route and terminus of the work and a general description of the lands 
proposed to be affected, with the names of the owners, when known, 
and, if the purpose of said owners is the repair and maintenance of a 
ditch or ditches, levee or levees, or other work, heretofore constructed 
under any law of this State, said petition shall give a general description 
of the same, with the particulars as may be deemed important and may 
pray for the organization of a drainage district, by the name and 
boundaries proposed, and for the appointment of commissioners for the 
execution of such proposed work according to the provisions of this 
Act : Provided, that the lands embraced in such drainage districts shall 
be liable for any and all damages which may be sustained by any lands 
laying [lying] above such drainage district by the construction of any 
levee, ditch or drain in such district under this Act, and the commission- 
ers of any drainage district, composed of lands lying next below any 
other drainage district organized entirely in one county as aforesaid 
shall have the power to cause the lands lying in such district to be as- 
sessed in the manner prescribed by this Act for the assessments of bene- 
fits to pay all such damages to the lands lying in such lower district, and 
to pay any and all increased costs and expenses of constructing any 
levee, ditch or drain in such lower district which may be necessary to 
carry off waters flowing from the higher district, and such lower dis- 
trict shall have the power to connect its levees, ditches or drains wi£h 
the levees, ditches or drains of such higher district and such higher dis- 
trict shall have power to connect its levees, ditches or drains with the 
levees, ditches or drains of such lower district. 

§ 4. The county court in which said petition shall be filed may hear 
the petition at any probate or common law term, and may determine all 
matters pertaining thereto, and all subsequent proceedings of the dis- 
trict when organized under this Act, and may adjourn the hearing from 
time to time, or continue the case for want of sufficient notice, or other 
good cause. The court, upon application of the petitioners, shall per- 
mit the petition, affidavit and orders to be amended, and no petitioner 
shall have the right to withdraw from said petition, except by the con- 
sent of the majority of the other petitioners thereon, or where it shall 
be shown to the satisfaction of the court that the signature of the peti- 
tioner was obtained by fraud or misrepresentation. 

§ 13. Upon the report of the commissioners being filed with the 
clerk of the court appointing such commissioners, he shall cause three 
(3) weeks' notice to be given, addressed "To all persons interested," in 
the same manner as it is provided in section three (3) of the Act hereby 
amended, which notice shall state the time of filing said report, that a 
plat and description of the work laid off and proposed to be constructed, 
is on file in the office of the clerk of said court ; a description of the addi- 
tional lands, if any, recommended by the commissioners to be embraced 
in the proposed district, together with the names of the owners thereof, 
and the names of the owners of all lands proposed to be taken or dam- 



DRAINAGE. 27T 



aged by the work of said district, and upon what day application will 
be made for the confirmation of such report, which notice shall have the 
effect of bringing into court all persons interested in the lands of said 
district, including all persons interested in the additional lands, if any, 
recommended by the commissioners to be embraced in the proposed 
district, and no other notice need be given in any subsequent proceeding 
unless specifically required by the Act hereby amended, at which time 
all persons may appear and contest the confirmation thereof or show 
that additional drains, ditches or other work should be constructed, or 
that the report ought to be modified in any particular, and may offer any 
competent evidence in support thereof, and the said report of said com- 
missioners shall be prima facie evidence of the facts therein set forth. 

§ 16. If, after hearing all objections, if any, to the report of the 
commissioners, and all applications, if any, to annex other lands to the 
proposed district, and the court finds that a drainage or levee district 
should be organized, the plat of the same shall be recorded, and an 
order be made according to the findings of the court, substantially as 
follows : 

County Court of county term, A. D. 19 

In the matter of the petition of (here insert names of the petitioners) 

this day the report of commissioners heretofore appointed by this 

court to examine the lands of the petitioners for the purposes specified 
in the petition filed in this cause, having been filed, and it appearing to 
the court that due notice has been given to all persons interested, for the 
length of time and in the manner required by law, of the application of 
this court for the confirmation of said report, and the court having duly 
examined said report, and considered all objections to the same, it is 
ordered by the court that the report of said commissioners, (or if said 
report has been modified by the court as modified by the court) , be and 
the same is hereby confirmed ; and the court further finds that the work 
proposed in said petition to be done will be useful for agriculture, 
sanitary or mining purposes to the owners of the land within said pro- 
posed district, and the court also finds that the persons who have signed 
said petition are of lawful age, and are a majority of the land owners, 
representing one-third in area of the land, or one-third of the land 
owners owning a major portion, as the case may be, of the land to be 
affected by such proposed work. And the court further finds that said 
drainage district of the corporate name mentioned in said petition, 

viz. : bounded as follows :. ... is duly established as provided by 

law. 

County Judge. 

And upon entering such order of record, said district is hereby de- 
clared by law to be organized as a drainage district by the name men- 
tioned in the petition ; and with the boundaries fixed by the order con- 
firming the report of the said commissioners, and said district is hereby 
declared to be a body politic and corporate, by the name mentioned in 
said order of court, with the right to sue and be sued, and to have per- 
petual possession [succession] and may adopt and use the corporate 
seal ; and the commissioners appointed as aforesaid and their successors 
in office shall, from the entrv of such order of confirmation, constitute 



278 DEAINAGE. 



the corporate authorities of such drainage district, and shall exercise 
the functions conferred upon them by law. 

And the legal existence of said district shall not be attacked in any 
collateral proceeding, or any assessment of benefits, or damages, in any 
manner except by quo warranto at any time after the entry of such 
order organizing such districts. 

§ 17. After the order provided for in the foregoing section shall 
have been signed, the court shall direct the commissioners to proceed to 
secure by agreement with the owners, if possible, the right-of-way of 
the proposed ditches, drains, levees or other work, within said district, 
and agree upon damages to be paid to the owner or owners of land 
which will be damaged in any manner other than by the taking for 
right-of-way, should there be any such damages over and above benefits, 
and make a report to the court of the amount agreed upon for right- 
of-way taken, and the damage agreed upon for lands not taken, if any, 
for its approval. And if, upon the making of such report, there are 
owners of lands whose lands are sought to be taken or damaged for the 
purposes above mentioned, whose damages can not be agreed upon, or 
in case the owner of the property is incapable of consenting, or his 
name or residence is unknown, or he is a non-resident of the State, the 
court shall direct said commissioners to cause to be condemned and 
assessed, said damages, under the provisions of the eminent domain 
laws of the State, entitled "An Act to provide for the exercise of the 
right of eminent domain, approved April 10, 1872, in force July 1, 
1872." After said damages have been agreed upon and approved by the 
court, or condemned as aforesaid, the commissioners shall be sworn to 
faithfully and impartially make an assessment of the benefits to the 
lands embraced in said proposed district, and against which no damages 
have been allowed. They shall go upon such lands in said district and 
examine the same, and to the best of their ability and judgment ascer- 
tain the benefits which will be sustained by, or which will accrue to the 
land's affected by said proposed work and shall make out an assessment 
roll in which shall be set down in proper columns the names of the 
owners, when known, a description of the premises affected, in words 
or figures, or both, as shall be most convenient, the number of acres in 
each tract, and the amount of benefits which each tract will receive. 

§ 17//^. But in case "drainage and levee work" is proposed by the 
petition, the amount assessed for keeping said levee or ditch in repair, 
shall not in the aggregate amount to a sum in any one year, greater than 
would be produced by thirty cents per acre on all the lands within said 
district. In case the petition shall set out that a levee or ditch has been 
made under any law of this State and prays for an assessment to repair 
and keep in repair said levee or ditch, the commissioners shall assess the 
benefits which said lands will sustain by repairing said levee or ditches, 
and also the "annual amount" of benefits which said lands will sustain 
by keeping said levee, or ditch in repair thereafter ; and in such case no 
other or different assessment shall be made by the commissioners, but 
in all other respects the commissioners shall comply with the provisions 
of this Act, so far as the same may be applicable thereto: Provided, 
that in all cases where the amount of benefits assessed, and the assess- 



DRAINAGE. 279 



ments of benefits to repair said levees or ditches, drains or levees em- 
braced in the proceedings, the "annual amount of benefits" assessed by 
the commissioners to keep said levee or ditch in repair, making all nec- 
essary repairs for any year, may be applied to complete the ditches, 
drains or levees embraced in the proceedings, and to raising, strength- 
ening and protecting said ditches, drains or levees, when required to 
protect the lands embraced in the drainage and levee districts organized 
under this Act from inundation and overflow, and in paying interest on 
any other notes or bonds issued under this Act. 

§ 18. In making such assessment the commissioners shall assess 
the benefits in favor of and against each tract separately in the propor- 
tion in which such tract of land will be benefited, and in no case shall 
any tract of land be assessed for benefits in a greater amount than its 
proportionate share of the estimated cost of the work and the expenses 
of the proceeding, nor in a greater amount than it will be benefited by 
the proposed work, according to the best judgment of the commission- 
ers ; and when the commissioners are directed to make any additional 
assessment of benefits for the purpose of making assessments in favor 
of or against any one or more tracts, as the case may be, in any district, 
said commissioners may consider any prior assessments against any 
lands which are void and unpaid by reason of some omision [omission], 
clerical error, mistake or for want of proper notice to the owners there- 
of, or on account of other irregularity of proceedings in affecting the 
merits of said prior assessment, and may include the same or any part 
thereof, with such other assessments. 

§ 19. When the commissioners shall have completed their assess- 
ment of benefits, they shall fix the time and place when and where they 
will attend before the same court in which the petition was filed, at a 
time fixed within any term for the correction of their assessment, ana 
the clerk of the county court shall give at least ten days' previous notice 
of such time and place and object of meeting by posting and publishing 
notices in the manner required in section 3 of the Act to which this Act 
is an amendment ; the affidavit of any credible person or persons that he 
or they have posted said notices as herein required, and the certificate 
of such newspaper as to said publication, shall be sufficient evidence 
of such facts. 

§ 20. The commissioners shall appear at the time and place ap- 
pointed, and shall hear the objections that may be made by the owners 
of any lands which have been assessed for benefits against any tract of 
land, and shall make such corrections as shall seem to them just and 
equitable. 

§ 21. Such hearing, if the proceedings are in the county court, shall 
be in open court, and the judge of said court shall preside ; and the case 
shall proceed to a hearing the same as in appealed cases from justice 
of the peace in such courts. At the hearing the respective parties shall 
be allowed to introduce all proper evidence, and may be heard, either in 
person or by counsel. After such hearing the commissioners shall re- 
tire for the consideration of such objections, and shall make such amend- 



280 DRAINAGE. 



ments and corrections to such assessment roll as to them shall seem just 
and equitable from the law and the evidence in the case, including the 
personal view of the lands made by them. 

§ 22. If no objections shall be made to the assessment at the time 
and place appointed to hear objections, or if objections shall be made 
only to a portion of such assessment the commissioners shall pass upon* 
and make such corrections as they think just and equitable and confirm 
the said roll, which shall be certified to by the commissioners, who shall 
return the same into court before which said petition was filed, within 
ten days from such confirmation, and thereupon such assessment shall 
be approved by the court, and spread upon the records thereof, and no 
appeal shall be allowed therefrom. 

§ 37. Said commissioners may use money arising from the collec- 
tion of assessments, or coming into their hands, as such commissioners, 
for the purpose of compromising suits and controversies arising under 
the Act, and in the employment of all necessary agents and attorneys, 
in organizing said district, and for conducting other proceedings, in law 
or in equity, for the same, and for the purpose of constructing or repair- 
ing or maintaining any ditch, ditches, drains, levee or levees within said 
district, or outside of said district, necessary to the protection of the 
lands and complete drainage of the same within said district: Pro- 
vided, that the commissioners shall use such money under the direction 
or approval of the court; and assessments from time to time may be 
levied on the land within any district when it shall appear to the court 
that the previous assessment or assessments have been expended or are 
inadequate to complete such work, or are necessary for maintenance or 
repair, or when it shall become necessary for the construction of ad- 
ditional work,, or the completion of any work already commenced within 
any drainage district to insure the protection or drainage of the lands in 
said district, under the direction and order of the court, on a petition of 
the majority of the land owners within said district who are of lawful 
age and represent at least one-third in area of such lands, or on the 
petition of the commissioners, accompanied by an itemized statement 
of accounts made by the commissioners under oath, showing the moneys 
received by the district and the manner in which they have been ex- 
pended, together with the plats and profiles of such additional work 
and estimated cost of the same ; two weeks' previous notice of the time 
set for the hearing of said petition in the manner required by section 3 
of this Act having been given. Upon the hearing of such petition the 
court may grant the prayer of the same ; and with like proceedings and 
notice as near as may be as in cases of original assessments of damages 
and benefits under this Act, and such additional assessment or assess- 
ments, when made, shall have the same force and effect and be collected 
in the same manner as original assessments : Provided, that when the 
right of way of the proposed ditches, drains, levees or other work within 
any district, has been released by the owners of the lands, or has been 
condemned according to law, over which said work or works are about 
to be located or when the owners of the lands in such district about to 
be assessed, agree thereto, the court may cause the assessment to be 
made by a jury, or may order the commissioners of said district to 



DRAINAGE. 281 



make the assessment of benefit or benefits and damages, in lieu of a 
jury, and all the proceedings required of a jury in such case by this Act. 
shall be required of and observed by the commissioners, as near as may 
be in making such assessments. 

§ 58. Any land lying outside of the drainage district as organized, 
the owner or owners of which shall thereafter make connection with the 
main ditch or drain or with any ditch or drain within the district as 
organized or whose lands are or wiU be benefited by the wcrk of such 
district, shall be deemed to have made voluntary application to be in- 
cluded in such drainage district ; and thereupon the commissioners shall 
make complaint in writing, setting forth a description of such land or 
lands, benefited, and amount of benefits; the name of the owner or 
owners thereof, also, a description of the drain or ditch making con- 
nection with the ditches of such district, as near as may be, and file said 
complaint in the county court or before a justice of the peace. The 
court or justice of the peace shall fix a day, not less than fifteen days 
from such filing, when he will hear such complaint, and thereupon the 
commissioners shall give ten days' notice thereof in writing ; said notice 
shall embrace a copy of such complaint, and service thereof shall be 
by reading or delivering a copy thereof to such owner or owners, or by 
either publishing a copy of said petition or posting copies thereof within 
the territory sought to be annexed in the same manner as provided by 
section three of said Act ; and affidavit of such service shall be evidence 
thereof. At the time fixed, or at a time continued from such time fixed, 
the court or justice of the peace, shall hear said cause, and if the com- 
plaint is before a justice of the peace and judgment is rendered in favor 
of said district, he shall record a copy of said complaint, and service of 
notice thereof together with his judgment thereon upon his docket, and 
if the district was organized before the county court, he shall transmit 
a certified copy of such complaint and judgment to the clerk of such 
court who shall file and record the same, or if the complaint was heard 
by the county court, in which such district was organized and judg- 
ment given in favor of said district, a record of such judgment giving a 
description of such lands annexed shall be made, and such lands de- 
scribed in the complaint in either case, shall be deemed a part of such 
district and shall be assessed as other lands therein. The assessments 
of benefits against such lands so added to said district, may be made at 
any time the commissioners may deem proper ; and the assessment roll 
thereof shall be filed and recorded and proceedings thereon had as in 
other cases; or such lands may be assessed when all lands throughout 
the district are assessed. 

§ 75. Owners of lands which require combined drainage and pro- 
tection from overflow, may form drainage and levee districts, by mutual 
agreement, to include lands, of their own only, by an instrument in 
writing duly signed and acknowledged and recorded in the drainage 
record. The mutual agreement may include the location and character 
of work to be done ; the adjustment of damages ; the classification ; the 
amount of taxes to be levied ; how the work shall be done, or so much of 
these, or more, as may be agreed upon, and to this extent shall be as 
valid as though formed in the mode as hereinbefore provided, and may 
ask the judge of the county court to appoint three commissioners whose 



282 DRAINAGE. 



powers and duties thereafter shall be the same as prescribed by other 
districts, and they shall commence acting at the point reached at the 
aforesaid agreement: Provided, that the said agreement may include 
the selection of three drainage commissioners from their own number 
or from others, and their terms of office shall be until the first Monday 
of September thereafter, or for this term and for one year in addition, 
as may be agreed at the time of their appointment, and at the annual 
meeting thereafter the majority of the land owners may choose, by 
ballot, three commissioners to serve, one for one year, one for two years 
and one for three years from the date of appointment, and on the first 
Monday of each year thereafter the land owners may elect one com- 
missioner of said district who shall hold his office for three years and 
until his successor is chosen and qualified. The powers and duties of 
the commissioners of a district by mutual agreement, and the mode and 
effect of special assessments, shall be the same as provided for other 
districts organized under this Act, and all the powers, rights and bene- 
fits of every kind given to drainage districts organized by petition to the 
county court shall be had by drainage districts organized by mutual 
agreement, and districts organized by mutual agreement may do as fully 
all work mutually agreed upon, as though surveys, plats and profiles, 
etc., were made and filed in said matter, and contracts for work to be 
done in said district may be let in parts, or the whole of said work may 
be let in one contract as is provided in this Act, as seems to be for the 
best interest of the parties concerned. 

[§ 2.] § 76. And be it further enacted, that section 25 of said Act 
be and the same is hereby repealed ; saving and reserving, however, any 
rights that may have heretofore accrued thereunder. 

[§ 3-] § 77- Whereas, Owing to the uncertain condition of the 
law of this State, on the subject of assessing benefits and damages, 
either by jury or by the commissioners, an emergency exists, there- 
fore this Act shall be iff force from and after its passage. 

Approved May 20, 1907. 



INTEREST ON INSTALLMENTS. 

§ 1. Amends section 31, Act of 1879. § 31. Interest on Installments — 

use for construction or 
maintenance authorized. 

(House Bill No. 460. Approved May 25, 1907.) 

An Act to amend section 31 of an Act 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 min- 
ing purposes and to provide for the organization of drainage dis- 
tricts," approved and in force May 29,1879; as said section 31 was 
amended by an Act approved June 30, 1885, and in force July 1, 1885, 
entitled, "An Act to revise and amend an Act and certain sections 
thereof 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 organisation of drainage 
districts," approved and in force May 29, 1879. 



DRAINAGE. 2b3 



Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 31 of an Act en- 
titled, "An Act to provide for the construction, reparation and protec- 
tion of drains, ditches and levees across the lands of others, for agricul- 
tural, sanitary and mining purposes and to provide for the organiza- 
tion of drainage districts," approved and in force May 29, 1879, as said 
section 31 was amended by an Act approved June 30, 1885, and in force 
July I, 1885, entitled, "An Act to revise and amend an Act and certain 
sections thereof 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, be and the 
same is hereby amended to read as follows : 

§ 31. In case the assessments for benefits shall be payable in install- 
ments, such installments shall draw interest at six per cent per annum, 
payable annually, from the time of confirmation of the assessment roll 
until they are paid, and such interest may be collected and enforced as 
part of the assessment : Provided, that in any district where no bonds or 
interest-bearing obligations, at the time of such collection of interest 
shall have been issued or are outstanding against such installments of 
assessment upon which said interest shall be collected, the commission- 
ers of such district may, under the direction of the county court, use the 
money, so collected as interest, for the construction or maintenance of 
any ditches, drains or levees or other work or any necessary expenses 
of said district or any indebtedness of said district. 

Approved May 25, 1907. 



PUMPING PLANTS. 

§ 1. Amends section 1, Act of 1905. § 1. Assessment of 60 cents per 

acre annually allowed 
for maintenance and re- 
pairs. 

(House Bill No. 23. Approved May 20, 1907.) 

An Act to amend section one of an Act entitled, "An Act to provide 
for the erection, maintenance and operation of pumping plants in 
certain drainage and levee districts and to legalise and validate form- 
er proceedings, bond issues, indebtedness and expenditures in regard 
to, on account of, or with a viezv to erection, maintenance and opera- 
tion of such pumping plants," approved and in force May 13, 1905. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one (i) of an Act 
entitled, "An Act to provide for the erection, maintenance and opera- 
tion of pumping plants in certain drainage and levee districts and to 
legalize and validate former proceedings, rr.. i Issues, indebtedness and 
expenditures in regard to, on account ot, or with a view to erection, 
maintenance and operation of such pumping plants," approved and in 
force May 13, 1905, be amended to read as follows : 



284 



DRAINAGE. 



§ i. That whenever the drainage commissioners of any drain- 
age and levee districts hereto fore or hereafter organized under 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 agricultural, sanitary and mining purposes, and to provide for the 
organization of drainage districts,' approved and in force May 29, 1899, 
as amended by certain Acts herein entitled, to repeal certain laws there- 
in named, approved June 30, 1885, in force July 1, 1885, shall deem it 
necessary for the disposidion [disposition] of the surface water, seepage 
or rainfall in such districts, that one or more pumping plants be erected, 
maintained and operated, they may, with the approval thereof by the 
county court of the county in which the district or any part of the 
district is located, out of the funds raised, or to be raised, by special 
assessments on the lands of such district, and as a part of the drainage 
and levee work of the district, erect, maintain and operate one or more 
such pumping plants in such district, and for the purpose of maintain- 
ing and operating such plants, together with the necessary repairs of 
the drains, ditches and levee of the district, as shown by the report of 
the commissioners made each year to the July term of the court as now 
provided by law, the court may approve and order such amount there- 
of as may be shown to be necessary to be collected as an assessment 
upon the lands of the district for the current year, which amount shall 
not require a rate of more than 60c upon each acre of all the lands of 
the district for such year. 

Approved May 20, 1907. 



SANITARY DISTRICTS — ACT OF 1889 REVISED. 



§ 11. Contracts — how let. 

S 12. Levy and collection of 
taxes — movable bridges. 



8 19. 

§ 19a. Judge, justice or juror 



Liability of sanitary dis- 
trict for damages. 



§ 1. Amends sections 4, 8, 9, 11, 12 
and 19 and adds 19a to Act of 
1889. 

{ 4. Trustees constitute a board 
— duties and powers — 
ordinances — veto, etc. 

i 8. Purchase and sale of real 
estate. 

| 9. Borrow money — bonds — 
limitations. 

(House Bill No. 245. Approved Mat 25, 1907.) 

An Act to amend sections four (4), eight (8), nine (9), eleven (11), 
(12) and nineteen (19) of "An Act to create sanitary districts and to 
remove obstructions in the Des Plaines and Illinois rivers," approved 
May 29, 1889, in force July 1, 1889; as amended by an Act approved 
May is, 1897, in force July 1, 189J, as amended by an Act approved 
May 10, 1901, in force July 1, 1901, as amended by an Act approved 
May 11, 1905, in force July 1, 1905; and adding section 19a thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section four (4), section 
eight (8). section (9), section (11), section twelve (12) and section 
nineteen (19) of an Act entitled, "An Act to create sanitary districts 



DRAINAGE. 286 



and remove obstructions in the Des Plaines and Illinois rivers," ap- 
proved May 29, 1889, in force July i, 1889, as amended by An Act 
approved May 10, 1901, in force July 1, 1901, as amended by an Act 
approved May 11, 1905, in force July 1, 1905, be amended so as to read 
as hereinafter set forth, and that section 19a be added thereto. 

§ 4. The trustees elected in pursuance of the foregoing provisions 
of this Act shall constitute a board of trustees for the district by which 
they are elected, which board of trustees is hereby declared to be the 
corporate authorities of such sanitary district, and shall exercise all 
the powers and manage and control all the affairs and property of such 
district. Said board of trustees shall have the right to elect a clerk, 
treasurer, chief engineer and attorney for such municipality, who shall 
hold their respective offices during the pleasure of the board, who shall 
give bond as may be required by said board. Said board may prescribe 
the duties and fix the compensation of all the officers and employes of 
said sanitary district : Provided, however, that the salary of the presi- 
dent of said board of trustees shall in no case exceed the sum of four 
thousand dollars per annum and the salary of the other members of 
the board shall not exceed three thousand dollars per annum. Said 
board of trustees shall have full power to pass all necessary ordinances, 
orders, rules, resolutions and regulations for the proper management 
and conduct of the business of said board of trustees and of said cor- 
poration and for carrying into effect the object for which such sanitary 
district is formed. All ordinances, orders, rules, resolutions and regu- 
lations passed by said board of trustees shall, before they take effect, 
be approved by the president of said board of trustees, and if he shall 
approve thereof, he shall sign the same, and such as he shall not ap- 
prove he shall return to the board of trustees with his objections there- 
to in writing at the next regular meeting of said board of trustees 
occurring after the passage thereof. Such veto may extend to any one 
or more items or appropriations contained in any ordinance making an 
appropriation, or to the entire ordinance ; and in case the veto extends 
to a part of such ordinance, the residue thereof shall take effect and be 
in force, but in case the president of such board of trustees shall fail to 
return any ordinance, order, rule, resolution or regulation with his ob- 
jections thereto by the time aforesaid, he shall be deemed to have ap- 
proved the same, and the same shall take effect accordingly. Upon the 
return of any ordinance, order, rule, resolution or regulation by the 
president, the vote by which the same was passed shall be reconsidered 
by the board of trustees, and if upon such reconsideration two-thirds of 
all the members elect shall agree by yeas and nays to pass the same it 
shall go into effect notwithstanding the president may refuse to approve 
thereof. 

§ 8. Such sanitary district may acquire by purchase, condemnation 
or otherwise any and all real and personal property, right of way and 
privilege, either within or without its corporate limits, that may be re- 
quired for its corporate purposes: Provided, all moneys for the pur- 
chase and condemnation of any property shall be paid before posses- 
sion is taken, or any work done on the premises damaged by the con- 
struction of such channel or outlet, and in case of an appeal from the 
court in which such condemnation proceedings shall be pending, taken 



286 DRAINAGE. 



by either party, whereby the amount of damages is not finally deter- 
mined, the amount of the judgment in such court shall be deposited 
with the county treasurer of the county in which such judgment shall 
be rendered subject to the payment of such damages on orders signed 
by such judge whenever the amount of damages is finally determined ; 
and when not longer required for such purposes, to sell, convey, vacate 
and release the same, subject to the reservation contained in section 7 
relating to water-power and docks. 

§ 9. The corporation may borrow money for corporate purposes, 
and may issue bonds therefor, but shall not become indebted in any 
manner, or for any purpose, to an amount in the aggregate to exceed 
five (5) per centum of the valuation of taxable property therein, to be 
ascertained by the last assessment for State and county taxes previous 
to the incurring of such indebtedness. 

§ 11. All contracts for work to be done by such municipality, the 
expense of which will exceed five hundred dollars, shall be let to the 
lowest responsible bidder therefor upon not less than ten days' public 
notice of the terms and conditions upon which the contract is to be let 
having been given by publication in a newspaper of general circulation 
published in said district, and the said board shall have the power and 
authority to reject any and all bids and readvertise: Provided, no per- 
son shall be employed on said work unless he be a citizen of the United 
States, or has in good faith declared his intention to become such citi- 
zen. In all cases where an alien, after filing his declaration of intention 
to become a citizen of the United States, shall for the space of three 
months after he could lawfully do so, fail to take out his final papers 
and complete his citizenship, such failure shall be prima facie evidence 
that his declaration of intentions was not made in good faith. And 
that eight hours shall constitute a day's work. 

§ 12. The board of trustees may levy and collect taxes for corpor- 
ate purposes upon property within the territorial limits of such sani- 
tary district, the aggregate amount of which in any one year shall not 
exceed one per centum of the value of the taxable property within the 
corporate limits as the same shall be assessed and equalized for the 
county taxes for the year in which the levy is made. Said board shall 
cause the amount to be raised by taxation in each year, to be certified 
to the county clerk on or before the second Tuesday in August as pro- 
vided in section one hundred and twenty-^two of the general revenue 
law. All taxes so levied and certified shall be collected and enforced 
in the same manner and by the same officers as State and county taxes, 
and shall be paid over by the officer collecting the same to the treasurer 
of the sanitary district, in the manner and at the time provided by the 
general revenue law : Provided, that no part of the taxes hereby author- 
ized shall be used by such drainage district for the construction of per- 
manent, fixed, immovable bridges across any channel constructed under 
the provisions of this Act: And, provided, further, that all bridges 
built across such channel shall not necessarily interfere with or obstruct 
the navigation of such channel, when the same becomes a navigable 
stream, as provided in section 24 of this Act, but such bridges shall be 
so constructed that they can be raised, swung, or moved out of the way 



DRAINAGE. 287 



of vessels, tugs, boats, or other water craft navigating such channel : 
And, provided, further, that nothing in this Act shall be so construed 
as to compel said district to maintain or operate said bridges, as mov- 
able bridges, for a period of nine years from and after the time when 
the water has been turned into said channel pursuant to law, unless the 
needs of general navigation on the Des Plaines and Illinois rivers, when 
connected by said channel, sooner require it. 

§ 19. Every sanitary district shall be liable for all damage to real 
estate within or without such district which shall be overflowed or 
otherwise damaged by reason of the construction, enlargement or use of 
any channel, ditch, drain, outlet or other improvement under the pro- 
visions of this Act; and actions to recover such damages may be 
brought in the county where such real estate is situated, or in the 
county where such sanitary district is located, at the option of the 
party claiming to be injured. And in case judgment is rendered against 
such district for damage, the plaintiff shall also recover his reasonable 
attorneys' fees to be taxed as costs of suit : Provided, however, it shall 
appear on the hearing of plaintiff's motion to tax such attorney's fees, 
that the plaintiff notified the trustees of such district in writing, at 
least 60 days before suit was commenced by leaving a copy of such 
notice with some one of the trustees of such district, stating that he 

claims damages to the amount of dollars by reason of (here 

insert the cause of damage) and intends to sue for the same: And, 
provided, further, that the amount recovered shall be larger than the 
amount offered by said trustees (if anything) as a compromise for 
damages sustained. 

§ 19a. No person shall be an incompetent judge, justice or juror 
by reason of his being an inhabitant or freeholder in any sanitary dis- 
trict formed under the provisions hereof in any action in which such 
sanitary district may be a party in interest. 

Approved May 25, 1907. 



SANITARY DISTRICTS— ELECTION OF TRUSTEES. 
§ 1. Amends section 3, Act of 188&. I § 2. Emergency. 

§ 3. Election of trustees — va- I 
cancies filled by ap- 
pointment. 

(Senate Bill No. 83. Appboved February 27, 1907. 

An Act to amend section three (3) of an Act entitled, "An Act to 
create sanitary districts and to remove obstructions in the Dei 
Plaines and Illinois rivers," approved May 29, 1889, in force July 1, 
1889, as amended by an Act approved May 11, 1905, in force July 1, 
1905. 

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 sanitary districts and to remove obstruc- 



288 DRAINAGE. 



tions in the Des Plaines and Illinois rivers," approved May 29, 1889, m 
force July 1, 1889; as amended by an Act approved May 11, 1905, in 
force July 1, 1905, be amended so as to read as follows: 

§ 3. In each sanitary district organized under this Act, there shall 
be elected at the November election 1905, nine trustees, three of which 
trustees shall hold their office for a term of one year, three for a term 
of three years, and three for a term of five years, and until their suc- 
cessors shall be elected and qualified. 

At every regular county election occurring after the year 1905, there 
shall be elected three trustees who shall hold their office for six years, 
and until their successors shall be elected and qualified, to succeed those 
whose terms of office shall expire that year. In all elections for trus- 
tees each elector may vote for as many candidates as there are trustees 
to be elected, but no elector may give to such candidates more than 
one vote, it being the intent and purpose of this Act to prohibit cumula- 
tive voting in the selection of members of the board of trustees of the 
sanitary district. 

Each elector in such sanitary district may vote for and designate 
(upon his ballot cast for trustees for said sanitary district) one of the 
candidates for trustees to be president of said board and the person so 
designated who shall receive the highest number of such votes shall be 
declared elected president of such board. The person so elected presi- 
dent of such board at the November election of 1905 shall hold office 
for a term of five (5) years and until his successor shall be elected and 
qualified. When a vacancy shall occur in the office of president of such 
board, the board of trustees shall elect one of their number, who shall 
perform the duties of president until such vacancy shall be -filled by an 
election. When a vacancy shall occur in the office of trustees of any 
sanitary district organized under the provisions hereof within one year 
before the expiration of the term of such vacant office, the vacancy 
shall be filled by appointment by the board of trustees of such sanitary 
district, but if such unexpired term exceeds one year, the Governor 
shall appoint the time for an election to fill such vacancy, and shall file 
a notice of such time with the county clerk of each of the counties in 
which [such] sanitary district shall be situated. 

Such sanitary district shall from the time of the first election held 
by it under this Act be construed in law and equity a body corporate 
and politic, and by the name and style of the sanitary district of 

, and by such name and style may sue and be sued, 

contract and be contracted with, acquire and hold real estate and per- 
sonal property necessary for corporate purposes, and adopt a common 
seal and alter the same at pleasure. 

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

Approved February 27. 1907. 



DRAINAGE. 



289 



SANITARY DISTRICTS IN CERTAIN LOCALITIES. 



i 1. 

§ 2. 

i 3. 

§ 4. 

8 5. 

8 «. 

I 7. 

§ 8. 

§ 9. 

8 10. 

8 11. 

i 12. 

S 13. 



How incorporated — name and de- 
scription in petition. 

Judges to constitute board of com- 
missioners — time and place for 
hearing. 

Submission of proposition — notices 
— canvass — record. 

Election of corporate authorities. 

Trustees — number — term — cumula- 
tive voting — president. 

Corporate powers defined. 

Duties of board — officers — compen- 
sation — bond. 

Certified copy record of organization 
filed with recorder. 

Powers of board. 

Ordinances, etc., to be approved 
by president — veto — reconsidera- 
tion. 

Ordinances — publication — when ef- 
fective. 

Proof of ordinances, etc. 

Levees — embankments — improve- 
ments — repairs. 



§ 14. Drains — outlets — change of water 
course — jurisdiction outside dis- 
trict. 

§ 15. Acquisition of property by purchase 
or condemnation — appeals. 

§ 16. Bond issue — limitation. 

§ 17. Levy, extension and collection of 
taxes. 

§ 18. Compensation for damages — how 
paid. 

§ 19. Rights on public property. 

§ 20. Rights on railroad property, etc. 

§ 21. Elevation of railroad tracks, etc. 

§ 22. Bridges, crossings, etc., over publle 
property. 

§ 23. Letting contracts — conditions. 

§ 24. Compensation to drainage districts. 

§ 25. Police and police powers. 

§ 26. Ofl&ce to be established. 

§ 27. Reports to county judge. 

§ 28. Construction of Act. 

(House Bill No. 783. Approved May 17, 1907.) 

An Act to create sanitary districts in certain localities and to drain and 
protect the same from overflow for sanitary purposes. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any area of con- 
tiguous territory within the limits of two counties, having within its 
limits two or more incorporated cities or villages, and an aggregate 
population of not less than twenty-five thousand inhabitants, shall be 
so situate as to be subject to overflow from any river or tributary 
thereof, and the maintenance of one or more levees for the protection 
of the same against such overflow, and of a new or improved outlet for 
the drainage thereof, will conduce to the preservation of the public 
health and safety, the same may be incorporated as a sanitary district, 
in the manner following: Any three hundred legal voters resident 
within the limits of such proposed district, may petition the county 
judge of the county in which the majority of such petitioners reside, 
to cause the question to be submitted to the legal voters of said pro- 
posed district, whether they will organize as a sanitary district under 
this Act. Such petition shall contain the name of such proposed sani- 
tary district, and a definite description of the territory intended to be 
embraced therein : Provided, no territory shall be included within more 
than one sanitary district under this Act. 

§ 2. Upon the filing of such petition in the office of the county clerk 

of said county it shall be the duty of said county judge to call to his 

assistance one circuit judge, and the county judge of the other county, 

in which such territory is situate, and said judges shall constitute a 

— iq L 



290 DRAINAGE. 



board of commissioners, and shall have power and authority to con- 
sider the boundaries of such proposed district, whether the same shall 
be described in said petition or otherwise. Four weeks' notice shall be 
given by said county judge of the time and place where such commis- 
sioners will meet, by publication in one or more newspapers published 
in each of said counties. At such meeting said county judge shall pre- 
side, and all persons in the proposed sanitary district shall have an 
opportunity to be heard touching the location and boundary of such 
proposed district; and after hearing such evidence and suggestions as 
may be offered, such commissioners, or a majority of them shall fix 
and determine the limits and boundaries of said proposed district, and 
for that purpose, and to that extent, may alter and amend such petition. 

§ 3. Upon such determination, said county judge shall call an elec- 
tion and submit to the legal voters of said proposed sanitary district the 
question of the organization and establishment thereof, as determined 
by said commissioners, or a majority of them. Four weeks' notice of 
such election shall be given by said commissioners, in like manner as 
is provided in the preceding section, which notice shall state briefly the 
purpose of such election, and contain a description of the proposed 
district. Each legal voter residing within the proposed sanitary dis- 
trict shall have the right to cast a vote at such election, with the words 
thereon : "For Sanitary District" or "Against Sanitary District," as he 
may elect. The ballots so cast shall be received, canvassed and re- 
turned in the same manner and by the same officers as provided by law 
in the case of ballots cast for county officers : Provided, that the re- 
turns of such election shall be made to the county clerk of the county 
in which the petition for the organization of said sanitary district is 
filed, and the votes shall be canvassed by said county judge, and any 
two justices of the peace whom he shall call to his assistance, and the 
result of said election shall be entered upon the records of said county 
court. If a majority of the votes cast upon the question of the incor- 
poration of the proposed sanitary district shall be in favor of the same, 
the inhabitants thereof shall be deemed to have accepted the provisions 
of this Act, and the same shall thenceforth be deemed an organized 
sanitary district under this Act, with the name stated in the petition. 

§ 4. Upon the organization of such sanitary district, said county 
judge shall call an election to elect the corporate authorities thereof, 
and cause notice of the same to be posted or published, and perform all 
other acts with reference to such election, in like manner as nearly as 
may be, as he is required to perform under the laws of this State, in 
reference to the election of officers in newly organized cities. 

§ 5. There shall be elected five trustees, who shall constitute a 
board of trustees for such district, and who shall hold office for three 
years, and until their successors are elected and qualified, except that 
the term of office of the first trustees shall be for three years after the 
first Monday in December following their election. The election of 
trustees after the first, shall be held on the Tuesday next after the first 
Monday in November in every three years. In all elections for trustees, 
each qualified voter may vote for as many candidates as there are trus- 



DRAINAGE. 2D1 



tees to be elected, or may distribute his vote among not less than three- 
fifths of the candidates to be elected, giving to each of the candidates 
among whom he distributes his vote, the same number of votes or 
fractional parts of votes. The trustees shall choose one of their number 
as president. 

§ 6. Such sanitary district shall be held in law and equity a body 
corporated [corporate], and politic, under the name and style of 

sanitary district, and by such name and style may 

sue and be sued, contract and be contracted with, acquire and hold real 
and personal property necessary for corporate purposes, have a com- 
mon seal, and change the same at pleasure, and exercise all the powers 
in this Act conferred. All courts of this State shall take judicial notice 
of the existence of sanitary districts organized hereunder. 

§ 7. The board of trustees, and its successors in office, shall consti- 
tute the corporate authority of such sanitary district, and shall exercise 
all powers and manage and control all the affairs and property of such 
district. Said board of trustees shall have the right to elect a clerk, 
treasurer, engineer and attorney for such municipality, who shall hold 
their respective offices during the pleasure of the board, and who shall 
give such bonds as may be required by said board. The board may pre- 
scribe the duties and fix the compensation of all the officers and em- 
ployes of said district: Provided, however, that the salary of the presi- 
dent of said board of trustees shall in no case exceed the sum of 
$2,000.00 per annum, and the salary of the other members of the board 
shall not exceed $1,000.00 per annum : And, provided, further, that [the] 
amount received by any attorney shall not exceed the sum of $2,500.00 
per annum. Each trustee shall, before entering upon the duties of his 
office, execute a bond with security to be approved by the county 
judge, payable to the district, in the penal sum of ten thousand dollars 
($10,000.00), conditioned upon the faithful performance of the duties 
of his office, which bond shall be filed with and preserved by the county 
clerk. 

§ 8. The board of trustees of said sanitary district shall, within 
three months after its organization hereunder, cause to be filed in the 
office of the recorder of deeds in each county in which said district is 
situated, a certified copy of the record of the county court, in the mat- 
ter of such organization, showing the name and boundaries of said 
district, the canvass of the votes, and the result of the election, whereby 
said district became so organized, and the recorder of said deeds shall 
record the same. 

§ 9. Said board of trustees shall have full power to pass all neces- 
sary ordinances, and make all orders, rules and regulations for the 
proper management and conduct of the business of said board of trus- 
tees, and of said municipality, and for carrying into effect the objects 
for which said sanitary district is formed. 

§ 10. All ordinances, orders, rules, resolutions and regulations 
shall, before taking effect, be passed upon by the president of the board 
of trustees. Such as he shall approve, he shall sign, and such as he 
shall not approve, he shall return to the board of trustees, with his 



292 DRAINAGE. 



objections thereto in writing, at its next regular meeting after the 
passage thereof. The president's veto may extend to any one or more 
items or appropriations contained in any ordinance, or to the entire 
ordinance; and in case the veto only extends to a part of such ordi- 
ance, the remainder shall take effect and be in force; but in case the 
president shall fail to return any ordinance, order, rule, resolution or 
regulation with his objections thereto by the time aforesaid, he shall 
be deemed to have approved the same, and such ordinance shall take 
effect accordingly. Upon the return of any unapproved ordinance, 
order, rule, resolution or regulation, the vote by which the same was 
passed shall be reconsidered by the board of trustees, and if upon such 
reconsideration, two-thirds of all the members elect shall agree by yeas 
and nays to pass the same, it shall go into effect, notwithstanding the 
president's refusal to approve thereof. 

§ II. All ordinances making any appropriations, shall within one 
month after they have been passed, be published at least once in a news- 
paper published in such district, in each of the counties in which the 
same is situate; and no such ordinance shall take effect until ten days 
after it is so published. All other ordinances, orders and resolutions 
shall become effective from and after their passage, unless otherwise 
provided therein. 

§ 12. All ordinances, orders and resolutions, and the date of publi- 
cation thereof, may be proven by the certificate of the clerk under the 
seal of the corporation, and when printed in book or pamphlet form, 
and purporting to be published by authority of the board of trustees, 
such book or pamphlet shall be received as evidence of the passage and 
legal publication thereof, as of the dates mentioned therein, in all 
courts and places, without further proof. 

§ 13. The board of trustees shall have power to lay out, locate, 
establish and construct one or more levees or embankments of such size, 
material and character as may be required to protect said district 
against overflow from any river, or tributary, stream, or water-course, 
and to lay out, establish and construct all such other or additional im- 
provements or works as may be auxiliary or incidental thereto, or pro- 
motive of the sanitary purposes contemplated in this Act ; and shall have 
power thereafter to maintain, repair, change, enlarge and add to such 
levees, embankments, improvements and work as may be necessary or 
proper to meet future requirements for the accomplishment of the pur- 
poses aforesaid. 

§ 14. The board of trustees shall have power to lay out, locate, 
establish and construct one or more drains, ditches, channels or outlets 
of such capacity and character as may be required for the carrying off 
and disposing of the swamp, stagnant or overflow waters, and other 
drainage of such district, and to lay out, establish and construct all such 
adjunct or auxiliary improvements or works as may be necessary or 
proper for the accomplishment of the sanitary purposes intended ; and 
to such end the board of trustees shall have power to straighten, en- 
large, divert or change the location, course or outlet of any stream or 
water course, or divide the waters thereof, or any part thereof, by 



DRAINAGE. 293 



means of new channels, ditches or otherwise, and to do any and all 
things by them deemed necessary and proper in the furtherance of said 
purposes and shall have power thereafter to maintain, repair, change, 
enlarge and add to such drains, ditches, channels, outlets and other im- 
provements and work, as may be necessary or proper to meet the future 
requirements for the purposes aforesaid, and when necessary for such 
purposes, any such work may extend beyond the limits of such district, 
and the rights and powers of said board of trustees over any stream or 
water course, or work thereon, lying outside such district, shall to this 
extent, be the same as within said district : Provided, no taxes shall be 
levied upon any property outside of such district : And, provided, fur- 
ther, that the district shall be liable for all damages sustained by any 
real estate situated beyond its limits in consequence of any work or im- 
provement authorized hereunder. 

§ 15. Such sanitary district may acquire by purchase, condemna- 
tion or otherwise, any and all real and personal property, rights of way 
and privileges, either within or without its corporate limits, required 
for its corporate purposes : Provided, all moneys for the purchase or 
condemnation of any property, shall be paid before possession is taken, 
or any work done on the premises damaged by the construction of any 
levee, outlet or other work, and in case of an appeal by either party 
from any judgment whereby the amount of damages is not finally 
determined, the amount of the judgment appealed from shall be de- 
posited with the county treasurer of said county, subject to the pay- 
ment of such damages, on orders signed by the judge of such court, 
whenever the amount of damages is finally determined, and when no 
longer required for such purposes, to sell, convey, or otherwise dispose 
of any of said properties. 

§ 16. Said board of trustees may borrow money for corporate pur- 
poses on the credit of the corporation, and issue bonds therefor, in 
such amounts and form, and on such conditions as it shall prescribe, 
but shall not become indebted in any manner, or for any purpose, to an 
amount, including existing indebtedness, in the aggregate to exceed 
five per centum (5%) of the value of the taxable property in said dis- 
trict, to be ascertained by the last assessment for State and county taxes 
previous to the incurring of such indebtedness ; and before or at the 
time of incurring any indebtedness, shall provide for the collection of a 
direct annual tax sufficient to pay the interest on such debt, as it falls 
due, and also to pay and discharge the principal thereof, within twenty 
years after contracting the same. 

§ 17. The board of trustees shall have power to levy and collect 
taxes for corporate purposes. Such taxes shall be levied by ordinance 
specifying the purposes for which the same are required, and a certified 
copy of said ordinance shall be filed with the county clerk of the county 
in which said district was organized, on or before the second Tuesday 
in August, as provided in section 122 of the general revenue law. Said 
board shall at the same time also ascertain and certify to such county 
clerk, the total amount of all taxable property lying within the corpor- 
ate limits of such district in said county, as the same is assessed and 



294 DRAINAGE. 



equalized for State and county purposes, for the current year; and it 
shall be the duty of said clerk to ascertain the rate per cent which, upon 
the total valuation of all such property, ascertained as aforesaid, would 
produce a net amount not less than the amount so directed to be levied ; 
and said clerk shall, without delay, certify under his hand and seal of 
office to the county clerk of such other county, in which a portion of 
said district is situate, such rate per cent; and it shall be the duty of 
such county clerk to whom such rate per cent is certified, to extend 
said tax in a separate column upon the books of the collector or col- 
lectors of the State and county taxes for such county, against all prop- 
erty in his county within the limits of said district. All taxes so levied 
and certified shall be collected and enforced in the same manner, and 
by the same officers as State and county taxes, and shall be paid over 
by the officers collecting the same, to the treasurer of the sanitary dis- 
trict, in the manner and at the time provided by the general revenue 
law. The aggregate amount of taxes levied for any one year, exclu- 
sive of the amount levied for the payment of bonded indebtedness and 
interest thereon, shall not exceed the rate of two per centum upon the 
aggregate valuation of all property within such district, subject to 
taxation therein, as the same was equalized for State and county taxes 
for the current year : Provided, that an amount not exceeding an addi- 
tional three per centum of such valuation may be levied and collected 
hereunder, if the question of making such additional levy shall have 
been previously submitted to the legal voters of said district upon not 
less than three weeks' notice, published as provided in section II here- 
of, and a majority of the votes cast shall be in favor thereof. 

§ 1 8. Whenever it shall be necessary to take or damage private 
property for right of way or other purposes, for or in connection with 
any improvement or work authorized by this Act, such sanitary district 
may cause compensation therefor to be ascertained, and acquire the 
same, in the manner provided in an Act entitled, "An Act to provide 
for the exercise of the right of eminent domain," approved April 10, 
1872, and amendments thereto: Provided, all such proceedings shall 
be instituted in the county where the property sought to be taken or 
damaged, is situate, and all damages or compensation, whether deter- 
mined by agreement or final judgment of court, shall be paid out of the 
annual district tax, prior to the payment of any other debt or obliga- 
tion. 

§ 19. Whenever it shall be necessary for or in connection with any 
improvement or work authorized by this Act, to enter upon any public 
property, or property held for any public use, or acquire any easement 
or rights therein, such sanitary district shall have the power so to do, 
and when necessary for such purpose may avail itself of any eminent 
domain laws of this State, and may enter upon, use, widen, elevate, 
and improve any street, highway, wharf, levee, or other property, 
necessary in furtherance of said purposes : Provided, the former use of 
any such public property, or property devoted to public use, shall not 
be unnecessarily interrupted or interfered with. 



DRAINAGE. 295 



§ 20. Whenever it shall be necessary to take or use, for any of the 
purposes contemplated in this Act, any portion of any railroad right 
of way, or property occupied by the track or tracks of any steam, 
electric, or other railroad company, or any street, highway, wharf, 
levee or other property, in the operation or use of which the public has 
an interest, only such easement, use or rights therein shall be acquired 
as are necessary for the purposes intended; and so far as practicable 
the use of any such street, highway, wharf, levee, right of way, or 
property, shall remain in and be reserved to the public, company, or 
persons otherwise entitled thereto. 

§ 21. When necessary for or in connection with any of the purposes 
authorized by this Act, the board of trustees may require and compel 
any steam, electric or other railroad company to raise its tracks to con- 
form to the grade of any levee, or other work intersecting or crossing 
the same, which may, at any time, be established by such sanitary dis- 
trict, and where such tracks run lengthwise upon or along the line of 
any such improvement, to require and compel such railroad companies 
to elevate the same to the surface thereof. Also to require and compel 
any such railroad companies to maintain and keep open and in repair, 
ditches, drains, sewers and culverts, along and under their tracks, so 
that filth or stagnant pools of water shall not stand upon their right 
of way and grounds, and so that the drainage of adjacent property shall 
not be impeded or interfered with. 

§ 22. In case any levee, ditch or other improvement authorized 
by this Act shall cross, intersect or extend upon or along any street 
or highway, or other public ground, such bridges, crossings, approaches 
or other work as may be necessary to restore the public use of such 
street, highway or public ground, or conform the same to the changes 
made by such improvements, shall be made, and the cost thereof borne 
by the city, village or township owning or interested therein. 

§ 23. All contracts for work to be done by such sanitary district, 
the cost of which will exceed five hundred dollars, shall be let to the 
lowest responsible bidder therefor, upon not less than six weeks' 
public notice of the terms and conditions upon which the contract is 
to be let, by publication in the manner provided in section n of this 
Act, and said board of trustees shall have the power to reject any 
and all bids and re-advertise: Provided, no person shall be employed 
on said work except citizens of the United States, or those who in 
good faith have declared their intention to become such citizens, and 
eight hours shall constitute a day's work upon any such work. 

§ 24. In case any sanitary district organized hereunder shall in- 
clude within its limits, in whole or in part, any drainage district or 
districts organized under the laws of this State having levees, drains 
or ditches which are conducive to sanitary purposes, such drainage 
district or districts shall have paid and re-imbursed to it or them, upon 
such terms as may be agreed upon by its or their corporate authorities 
and the board of trustees of said sanitary district, the reasonable cost 
or value of such levee, drains or ditches, which valuation shall in no 
case be fixed at less than any unpaid indebtedness incurred by such 



296 DRAINAGE. 



district or districts in constructing the same. Upon such payment 
being made, the sanitary district shall have the right to appropriate 
and use such levees, drains or ditches, or any part thereof, as it may 
desire, for or in connection with any improvements authorized by this 
Act, and for or in connection with the purposes for which said sanitary 
district is organized : Provided, no such levee, drain or ditch shall be 
destroyed, removed or otherwise so used as to impair its usefulness for 
the purposes for which the same was constructed, without the consent 
of the corporate authorities of such drainage district. In case the 
board of trustees of said sanitary district and the corporate authori- 
ties of any such drainage district shall be unable to agree upon the 
compensation to be paid or reimbursed to such drainage district, the 
same may be ascertained and enforced by any proper proceeding in 
any court of competent jurisdiction. 

§ 25. The board of trustees shall have power to appoint and main- 
tain from time to time, such police force as it may find necessary for 
the protection of any levee, ditch or other improvement authorized by 
this Act, or otherwise in furtherance of the purposes for which such 
district is organized. The members of such police force shall have and 
exercise like police powers to those conferred upon the police of cities : 
Provided, that such police, when acting within any city or village, shall 
be subject to the direction of the police officers of such city or village. 

§ 26. The board of trustees shall have and maintain an office at 
some convenient place within said district, where all the books and 
papers pertaining to the affairs of said corporation shall be open at 
reasonable times to the inspection of any tax payer or other person 
interested. 

§ 2.7. Said board, its clerk and treasurer, shall submit to the county 
judge of the county in which said district is organized, annually, be- 
tween the 1st and 10th days of April, or oftener if required by said 
county judge, verified reports, showing all moneys received and the 
manner in which the same may have been expended. Three weeks' 
notice of the filing of such report shall be given by publication in like 
manner as provided in section II of this Act, and any person interested 
may appear and object to the approval of the same, in whole or in part, 
and the county judge shall make such orders in reference thereto as 
shall be just. 

§ 28. The provisions of this Act shall never be construed as au- 
thorizing any levee or drainage system for agricultural or mining pur- 
poses, but shall be liberally construed for the prevention of overflows 
and drainage of lands for sanitary purposes, within any sanitary dis- 
trict organized hereunder : Provided, nothing herein contained shall be 
held to constitute a contract between the State and any municipal cor- 
poration organized hereunder, or to prevent the alteration, amendment 
or repeal of this Act, or any amendment thereof, at any time hereafter. 

Approved May 17, 1907. 



DRAM SHOPS. 



297 



DRAM SHOPS. 



ANTI-SALOON TERRITORY. 



$ 1. Words and phrases defined. 

S 2. Petition— where and when tiled— num- 
ber of signers. 

$ 3. Provisions operative 30 days after day 
of election. 

i 4. Form of petition — how signed — sworn 
statement — filing— revocation of signa- 
ture — fee for certified copy — perjury — 
forgery — penalties. 

$ 5. Notice of election— publication. 

S d. Form of ballot — canvass— watchers. 

§ 1. Record of result. 

5 8. Anti-saloon territory defined— conflict- 
ing ordinances suspended. 

§ 9. Continuation or abolition of anti-saloon 
territory— submission of proposition- 
separate ballot in districts. 

$ 10. What constitutes bar to submission of 
proposition. 



§ 11. Unlawful to sell or issue license t« sell 
intoxicating liquor. 

§ 12. Penalties. 

§ 13. Unlawful selling defined. 

§ 14. Place where liquor is sold declared com- 
mon nuisance and may be abated— 
penalties. 

§ 15. Offenses and penalties. 

§ 16. Where offenses may be prosecuted. 

§ 17. Manner and form of prosecutions— 
prima facie evidence. 

§ 18. Record of sale of liquor by druggists- 
refunding portion of license fee — when 
sales by manufacturer exempt. 

§ 19. Petition for contest of election— pro- 
cedure. 



(Senate Bill No. 504. Appboved Mat 16, 1907.) 



An Act to provide for the creation by popular vote of anti-saloon terri- 
tory within which the sale of intoxicating liquor and the licensing of 
such sale shall be prohibited and for the abolition by like means of 
territory so created. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: The words and phrases men- 
tioned in this section as used in this Act and in proceedings pursuant 
hereto shall, unless the same be inconsistent with the context, be con- 
strued as follows : 

"Anti-saloon territory" shall mean all territory within the limits of 
any town, precinct, city or village in this State in which, through the 
action of the legal voters therein as provided by this Act, the sale of 
intoxicating liquor, except as herein provided, is prohibited. 

"Town" shall include towns in counties under township organization 
and incorporated towns, provided that no incorporated town, city or 
village that has been heretofore annexed to another incorporated town, 
city or village under the provisions of "An Act to provide for the an- 
nexation of cities, incorporated towns and villages," approved and in 
force April 25, 1889, shall be entitled to hold an election under the 
provisions of this Act separately from the town, city or village to which 
the same has been annexed. 

"Precinct" shall mean any "voting precinct" or "election precinct" 
which was a sub-division for voting in counties not under township 
organization at the general election held on the 6th day of November, 
A. D. 1906. 



298 DEAM SHOPS. 



"Political subdivision" shall mean the phrase "town, precinct, city 
or village." 

"District" shall mean territory in which after the same has become 
anti-saloon territory the limits of the political subdivision have been 
changed. 

In the phrase, "Shall this become anti-saloon territory?" the 

proper word, whether "town," "precinct," "city," or "village," shall be 
understood to be inserted in the blank, and the same shall be inserted 
in the petitions filed by and the ballots prepared for the voters of any 
town, precinct, city or village. 

"Said proposition" shall mean the proposition "Shall this 

(town, precinct, city or village, as the case may be) become anti-saloon 
territory ?" 

"Clerk" shall mean, with reference to towns, cities and villages, the 
town, city or village clerk as the case may be; with reference to pre- 
cincts in counties not under township organization it shall mean the 
county clerk ; and it shall mean the board of election commissioners of 
any city, village or incorporated town in this State in which there now 
is or hereafter may be a board of election commissioners, and in the 
provisions of this Act applicable to or within any such city, village or 
incorporated town; "legal voter" shall mean a duly registered legal 
voter. 

"Election" shall mean, in towns, cities and villages, an election at a 
time fixed by law for choosing town, city or village officers, as the case 
may be; in precincts in counties not under township organization it 
shall mean an election at a time fixed by law for choosing county 
officers. In cities and villages the officers of which shall be chosen for 
a term of four years, "election" shall also mean an election at a time 
fixed by law for choosing county officers. In no case shall it mean a 
special election to fill a vacancy. 

"Intoxicating liquor" shall include all distilled, spiritous, vinous, fer- 
mented and malt liquors. 

§ 2. Upon the filing in the office of the clerk at least sixty days be- 
fore an election of a petition as in this Act provided, directed to such 
clerk, containing the signatures of legal voters of any political subdi- 
vision in number not less than one-fourth of the total vote cast in such 
political subdivision at the last election therein, to submit to the voters 

of such political subdivision the proposition "Shall this become 

anti-saloon territory?" said proposition shall be submitted at such 
election, as in this Act provided, to the legal voters of such political 
subdivision and if a majority of the legal voters voting upon said propo- 
sition shall vote "Yes" such political subdivision shall become anti- 
saloon territory. Such petition shall be a public document and shall be 
subject to the inspection of the public. 

§ 3. A vote under the provisions of this Act shall become operative 
on the thirtieth day after the day of the election at which such vote is 
cast. 



DRAM SHOPS. 299 



§ 4. A petition for submission of said proposition shall be in sub- 
stantially the following form : 

To the (county, town, city or village) clerk of the (here in- 
sert the corporate or legal name of the county, town, city or village) : 

The undersigned, residents and legal voters of the (insert 

the legal name or correct designation of the political subdivision) re- 
spectfully petition that you cause to be submitted, in the manner pro- 
vided by law, to the voters thereof, at the next election, the proposition 
"Shall this become anti-saloon territory? " 




Name of Signer. ™,,™w Street. Date of Signing 



Such petition shall consist of sheets having such form printed or 
written at the top thereof and shall be signed by the legal voters in their 
own proper persons only, and opposite the signature of each legal voter 
shall be written his residence address (stating the street and the house 
number if there be such) and the date of signing the same. No signa- 
ture shall be valid or be counted in considering such petition unless 
these requirements are complied with and unless the date of signing 
is less than six months preceding the date of filing the same. At the 
bottom of each sheet of such petition shall be added a statement, 
signed by a resident of the county in which the signers thereof reside, 
with his residence address as aforesaid, stating that the signatures on 
that sheet of the said petition are genuine, and that to the best of his 
knowledge and belief the persons so signing were at the time of signing 
said petition legal voters (and in cities, villages, and incorporated 
towns in which voters are or may be required to be registered, that they 
were at the time of signing said petition duly registered legal voters) 
of the said town, precinct, city or village, as the case may be ; that their 
respective residences are correctly stated therein and that each signer 
signed the same on the date set opposite his name. Such statement 
shall be sworn to before some officer residing in the county where such 
legal voters reside, authorized to administer oaths therein. Such peti- 
tion, so verified, or a copy thereof, duly certified as hereinafter provided, 
shall be prima facie evidence that the signatures, statement of residence 
and dates upon such petition are genuine and true and that the persons 
signing the same are legal voters of the political subdivision named. 
Such sheets shall be fastened together in one document, filed as a whole 
and when filed shall not be withdrawn or added to. No signature shall 
be revoked except by a revocation filed with the clerk with whom the 
petition is required to be filed and before the filing of such petition. 
Upon request of anyone filing such a petition and verified statement and 
paying or tendering to the clerk one dollar for each one hundred names, 
or fraction thereof, signed thereto, together with a copy thereof, the 
clerk shall immediately compare the original and copy and attach to 



300 DRAM SHOPS. 



such copy and deliver to such person his official certificate that such 
copy is a true copy of the original, stating the day when such original 
was filed in his office. Whoever in making the sworn statement above 
prescribed shall knowingly, wilfully and corruptly swear falsely shall 
be deemed guilty of perjury and on conviction thereof shall be punished 
accordingly. Whoever forges the signature of any person upon any 
petition or statement provided for in this Act shall be deemed guilty of 
forgery and on conviction thereof shall be punished accordingly. 

§ 5. The clerk with whom any petition shall be filed as provided in 
this Act shall cause notice to be given in the manner provided by law 
for giving notice of an election, of the submission of said proposition 
at the next election to the voters of the political subdivision named in 
such petition. Publication of the submission of said proposition to the 
voters of such political subdivision shall likewise be made in the manner 
provided by law for the publication of the list of nominations to be 
voted for at an election : Provided, that the failure of such clerk to 
cause such notice to be given, or the failure to make publication of the 
submission of said proposition as above provided, shall not affect the 
validity or binding force of the vote upon said proposition. 

§ 6. The clerk with whom any petition shall be filed as provided by 
this Act shall cause said proposition to be plainly printed upon all the 
ballots to be used at the next election of officers in the political subdi- 
vision named in such petition and below the list of candidates named 
thereon, as follows: 



Shall this (town, precinct, city or village, 

I as the case may be) become anti-saloon territory? 




At the canvass of the ballots in each polling place where said proposi- 
tion is submitted, it shall be the duty of the judges of election to admit 
to the room at such polling place, as special watchers of such canvass, 
one legal voter selected by the persons managing the interests of those 
in favor of and one selected by the persons managing the interests of 
those opposed to said proposition, provided such legal voters shall be of 
good character and sober and shall in no wise interfere with such can- 
vass, and said judges and the police officers and other officers of the law 
shall protect such watchers and see that they are not excluded and at 
the time of such canvass of the ballots cast upon said proposition, such 
watchers shall be entitled to a position where they can plainly see and 
read each ballot and it shall be the duty of such judges to protect them 
in such position. Wherever any other method of taking and recording 
votes at elections than by means of printed ballots is provided by law 
the procedure for taking and recording the votes upon said proposition 
may conform to the method so provided. 

§ 7. The clerk shall record in a well bound book, to be kept in his 
office by himself and his successors, the result of the vote upon said 



DRAM SHOPS. 301 



proposition and such result may be proved in all courts and in all pro- 
ceedings by such record or by the official certificate of the clerk, and in 
cases where such a record or certificate shows that a majority of the 
legal voters voting upon said proposition voted "Yes" the same shall be 
prima facie evidence that the political subdivision to which such vote 
was applicable has become anti-saloon territory. 

§ 8. All the territory within any political subdivision which has be- 
come anti-saloon territory shall continue to be anti-saloon territory 
throughout its entire extent, notwithstanding any change which may be 
made in the limits of any such political subdivision, until the legal voters 
thereof have voted, according to the provisions of this Act, to discon- 
tinue such anti-saloon territory and the following section shall be con- 
strued in harmony herewith. In all anti-saloon territory, during the 
time that it continues to be anti-saloon territory, the operation of all 
ordinances providing for the restriction, regulation or prohibition of the 
sale of intoxicating liquor or for the issuing of dram shop licenses with- 
in any portion or the whole of such territory, so far as inconsistent with 
its status as anti-saloon territory, shall be suspended. 

§ 9. Upon the filing in the office of the clerk, at least sixty days be- 
fore an election in any political subdivision, of a petition directed to such 
clerk, containing the signatures of legal voters of an anti-saloon terri- 
tory or district, in number not less than one-fourth of the total vote cast 
therein at the last election, to submit to the voters thereof the proposi- 
tion "Shall this (political subdivision or district) continue 

to be anti-saloon territory?" (provided such petition corresponds in all 
other respects with the petition in this Act before described) such pro- 
position shall be submitted at such election to the voters of such political 
subdivision or district, and the provisions of sections one (1), four (4), 
five (5), six (6) and seven (7) of this Act shall apply in all respects, so 

far as applicable, to the proposition "Shall this (political 

subdivision or district) continue to be anti-saloon territory?" to the 
submission of such proposition to such voters, to the petition therefor, 
to the recording of the vote thereon and to the proof and evidence of the 
petition and vote, except that in a district such proposition shall be sub- 
mitted by separate ballot. If a majority of the legal voters voting upon 
such last mentioned proposition in any such political subdivision or dis- 
trict vote "No," such political subdivision or district shall cease to be 
anti-saloon territory, and all ordinances providing for the restriction, 
regulation or prohibition of the sale of intoxicating liquor or for the 
issuing of dram shop licenses, the operation of which was in any wise 
suspended within such political subdivision or district by virtue of the 
vote therein to become anti-saloon territory, and with all additions and 
amendments which in the meantime may have been made thereto, shall, 
if not in the meantime repealed, become and be in force within said 
political subdivision or district to the same extent, only, however, as the 
same would then be in force had such political subdivision or district 
never become anti-saloon territory. The petition mentioned in this sec- 
tion shall be a public document and shall be subject to the inspection of 
the public. 



302 DRAM SHOPS. 



§ 10. A vote under the provisions of this Act in and for any political 
subdivision upon the proposition, "Shall this become anti- 
saloon territory ?" or in and for any political subdivision or district upon 

the proposition "Shall this (political subdivision or district) 

continue to be anti-saloon territory?" shall be a bar to the submission 
to the voters thereof of either of such propositions as applied to that 
identical political subdivision or district only, until after the lapse of 
eighteen months. 

§ ii. It shall not be lawful to sell intoxicating liquor in any quantity 
whatever nor to grant or issue, or cause to be granted or issued, any 
license to sell intoxicating liquor in any quantity whatever within the 
limits of any political subdivision or district whatever in this State while 
the same is anti-saloon territory, and if any such license be granted or 
issued in violation hereof the same shall be void. 

§ 12. Whoever shall by himself or another, either as principal, 
clerk or servant, directly or indirectly, sell, barter or exchange any in- 
toxicating liquor in any quantity whatever within the limits of any 
political subdivision or district in this State, while the same is anti- 
saloon territory, shall be fined not less than twenty dollars ($20), nor 
more than one hundred dollars ($100), or imprisoned in the county jail 
for not less than ten (10) days nor more than thirty (30) days, or both, 
in the discretion of the court. If any person shall be convicted of violat- 
ing any provision of this section and shall subsequently violate any pro- 
vision of this section he shall upon conviction thereof, be fined not less 
than fifty dollars ($50) nor more than two hundred dollars ($200) and 
imprisoned in the county jail for not less than ten (10) days, nor more 
than thirty (30) days. And in like manner, if he shall subsequently 
violate any provision of this section, for such third and each subsequent 
violation he shall upon conviction thereof be fined not less than one hun- 
dred dollars ($100), nor more than two hundred dollars ($200), and 
imprisoned in the county jail for not less than thirty (30) days, nor 
more than ninety (90) days. 

§ 13. The giving away or delivery of any intoxicating liquor for the 
purpose of evading any provision of this Act, or the taking of orders or 
the making of agreements, at or within any political subdivision or dis- 
trict while the same is anti-saloon territory, for the sale or delivery of 
any intoxicating liquor, or other shift or device to evade any provision 
of this Act, shall be held to be an unlawful selling. 

§ 14. All places where intoxicating liquor is sold in violation of any 
provision of this Act shall be taken and held and are declared to be com- 
mon nuisances and may be abated as such ; and whoever shall keep any 
such place, by himself or his agent or servant, shall, for each offense, 
upon conviction thereof, be fined not less than fifty ($50) dollars nor 
more than ($100) dollars and confined in the county jail not less than 
twenty (20) days, nor more than fifty (50) days, and it shall be a part 
of the judgment, upon the conviction of the keeper, that the place where 
liquor is found to have been sold contrary to this Act, be shut up and 
abated until the keeper shall give bond, with sufficient security to be 



DRAM SHOPS. 303 



approved by the court, in the penal sum of one thousand (1,000) 
dollars, payable to the People of the State of Illinois, conditioned that 
he will not sell intoxicating liquor contrary to law, and will pay all fines, 
costs and damages assessed against him for any violation thereof; and 
in case of a violation of the condition of such bond, suit may be brought 
and recovery had thereon for the use of the county, city, town or village 
for any fine or fines that may be assessed against him under this Act. 

§ 15. Any clerk, judge of election, police officer or other officer of 
the law, who shall refuse or neglect or fail to discharge any duty im- 
posed by this Act, and anyone who signs a petition provided for in this 
Act, knowing he is not qualified to do so, or who files with the clerk 
any such petition or any sheet or other part thereof knowing that it con- 
tains the signature of a person not qualified to sign the same, or who 
receives, requests or demands or gives, offers or promises any reward 
for the signing or the refraining from signing of any such petition, or 
who by treating or giving intoxicating liquor or anything else, or by 
threats to injure another in person or property, or by betting or other 
device, either directly or indirectly influences or attempts to influence 
anyone to sign or refrain from signing any such petition, shall upon 
conviction thereof be fined not less than twenty (20) dollars, nor more 
than two hundred (200) dollars, or imprisoned in the county jail for 
not less than ten (10) days nor more than ninety (90) days, or both, in 
the discretion of the court. If any person shall be convicted of violat- 
ing any provision of this section and shall subsequently violate any pro- 
vision of this section, for such second and each subsequent violation he 
shall, upon conviction thereof, be fined not less than twenty (20) 
dollars nor more than two hundred (200) dollars and imprisoned in 
the county jail for not less than ten (10) days nor more than ninety 
(90) days. 

§ 16. All offenses defined or mentioned in this Act may be prosecut- 
ed in any court of record having criminal jurisdiction, or the fines pre- 
scribed in this Act may be sued for and recovered before any court or 
justice of the peace having jurisdiction thereof, in the name of the 
People of the State of Illinois ; and in case of conviction the offender 
shall stand committed to the county jail until the judgment and costs 
are fully paid. 

§ 17. In all prosecutions under this Act, by indictment or otherwise, 
it shall not be necessary to state the kind of liquor sold ; nor to describe 
the place where sold ; nor to show the knowledge of the principal to 
convict for the acts of an agent or servant ; nor to state the name of any 
person to whom liquor is sold ; nor to set forth the facts showing that 
the required number of legal voters petitioned for the submission to 
the voters of said proposition, nor that a majority of the legal voters 
voting upon said proposition voted "Yes," but it shall be sufficient to 
state in that regard that the act complained of took place in an anti- 
saloon territory or district. The issuance of an internal revenue special 
tax stamp or receipt by the United States to any person as a wholesale 
or retail dealer in liquors or in malt liquors at any place within territory 



804 DRAM SHOPS. 



which, at the time of the issuance thereof, is anti-saloon territory, shall 
be prima facie evidence of the sale of intoxicating liquor by such person 
at such place, or at any place of business of such person within such 
territory where such stamp or receipt is posted, and at the time charged 
in any suit or prosecution under this Act : Provided, such time is within 
the life of such stamp or receipt. 

§ 18. Nothing in this Act shall be construed to forbid or prevent the 
sale within anti-saloon territory by druggists to whom permits or 
licenses therefor have been duly granted in the manner provided by 
law, of liquor for medicinal, mechanical, sacramental and chemical pur- 
poses only, not to be drunk upon the premises under any circumstances, 
so long as such druggist in good faith shall keep a true and an exact 
record in a book, which he shall provide for the purpose, in which shall 
be entered at the time of every sale of intoxicating liquor made by him 
or in or about his place of business to all persons whomsoever, the date 
of such sale, the name of the purchaser, and his residence (stating the 
street and the house number if there be such) , the quantity and kind of 
such liquor and the purpose for which the same is sold, and so long as 
such druggist shall keep such book open to the full and free inspection 
of the police and all public officers elected and appointed and their dep- 
uties and agents during business hours. Nothing in this Act shall be 
construed to forbid or prevent the sale of intoxicating liquor for the 
period of thirty days next after the vote shall have been taken in the 
anti-saloon territory thereby created, according to the terms of a dram 
shop or other municipal license theretofore regularly issued in good faith 
according to law. Any portion of a dram shop or other municipal 
license fee which shall have been paid and which shall represent the un- 
expired period for which said dram shop or other municipal license 
was issued after the political subdivision in which such dram shop is 
located shall have become anti-saloon territory, shall be refunded by the 
municipality receiving the same. Nothing in this Act shall be construed 
to forbid or prevent the sale at wholesale by a manufacturer who manu- 
factures from the raw materials of the product of his own manufactory 
located within anti-saloon territory for delivery outside the limits of 
such territory. 

§ 19. Any five legal voters of any political subdivision in which an 
election shall have been held as provided for in this Act, may, within 
ten days after the canvass of the returns of such election and upon filing 
a bond for costs, contest the validity of such election by filing a verified 
petition in the county court of the county in which such political sub- 
division is situated, setting forth the grounds for the contest. Upon 
the filing of such petition a summons shall forthwith issue from such 
court addressed in cases of an election in a town, city or village, to the 
town, city or village clerk as the case may be ; and in other cases to the 
county board, notifying such clerk or board of the filing of such petition 
and directing him or it to appear in such court on behalf of such politi- 
cal subdivision at the time named in the summons, which time shall be 
not less than five nor more than fifteen days after the filing of such 



DRAM SHOPS. 305 



petition. The procedure in such cases shall be the same as that pro- 
vided by law for the contesting of an election upon a subject which 
shall have been submitted to a vote of the people, so far as applicable. 
The county court shall have final jurisdiction to hear and determine 
the merits of such cases. Any legal voter in the political subdivision 
in which such election shall have been held may appear in person, or 
by attorney, in any such contested election case in defense of the va- 
lidity of such election. 
Approved May 16, 1907. 



DANCE HALLS WHERE LIQUOR IS SOLD— ADMISSION OP MINORS. 

§ 1. Admission of minors regulated. I § 2. Penalty. 

(House Bill No. 485. Approved Mat 17, 1907.) 

An Act regulating the admission of minors to public dance halls where 
intoxicating liquors are sold or given away and providing for pen- 
allies for violation of this Act. 

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, firm or corporation, as owner, agent, lessee or otherwise, 
that maintains or conducts any public dance hall where intoxicating 
beverages or liquors are sold or given away, or any such dance hall that 
is adjacent or connected with any room, building, park or enclosure of 
any kind where such intoxicating beverages or liquors are sold or given 
away, to permit any minor to enter and be and remain within such pub- 
lic dance hall or be and remain upon the premises where such public 
dance hall is located, unless such minor is accompanied by his or her 
parent or parents. 

§ 2. Any person, firm or corporation violating section one (1) of 
this Act shall be guilty of a misdemeanor and shall, upon conviction, be 
fined a sum not less than twenty-five dollars ($25.00) for each offense 
nor more than two hundred dollars ($200.00) for each offense. Any 
person falsely representing himself or herself as parent of any minor 
shall be guilty of a misdemeanor and shall, upon conviction be subject 
to the foregoing penalties. 

Approved May 17, 1907. 



— 20 L 



306 DRAM SHOPS. 



SALE OF LIQUOR PROHIBITED NEAR U. S. TRAINING SCHOOLS, ETC. 

3. Penalties. 



4. Prosecutions — how made. 



I 1. Sale, distribution or gift unlawful 
within one and one-eighth miles 
of an TJ. S. naval training school 
or military post. 

§ 2. Shift or device. 

(House Bill No. 410. Approved May 17, 1907.) 

An Act prohibiting the sale, distribution or gift of malt, spirituous, 
vinous or intoxicating liquors, near the United States naval training 
schools or military posts, and providing a penalty for the violation 
thereof. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That on and after January first, 
1908, it shall be unlawful to sell, distribute or give away any malt, 
spirituous, vinous or intoxicating liquors, within one and one-eighth 
miles of the boundary line or lines of land owned or used by the United 
States government, for the exclusive purpose or purposes of an 
United States naval training school, or for an United States military 
post in this State : Provided, that nothing in this section contained 
shall apply to, or in any way affect, the territory near or surrounding 
land owned or used by the United States government for manufactur- 
ing purposes. 

§ 2. Any shift or device to evade the provisions of this Act, shall be 
held to be violations of this Act. 

§ 3. Any person, by himself, agent or employe, violating the provis- 
ions of the foregoing sections of this Act, shall, upon conviction for the 
first offense, be fined in any sum not less than $25.00, nor exceeding 
$100.00, and for each subsequent offense be fined not less than $50.00, 
nor more than $200.00, and shall be imprisoned in the county jail not 
less than ten days. 

§ 4. Any fine or imprisonment mentioned in this Act may be en- 
forced by indictment or information in any court of record having 
criminal jurisdiction, or the fine mentioned in this Act may be sued for 
and recovered before any justice of the peace in the proper county, in 
the name of the People of the State of Illinois, and in case of convic- 
tion the offenders shall stand committed to the county jail, until the 
judgment and costs are fully paid or until discharged by order of the 
court before which the conviction was obtained. 

Approved May 17, 1907. 



ELECTIONS. HOI 

ELECTIONS. 



ELECTION COMMISSIONERS AND CLERKS. 

§ 1. Amends section 1, article 7, Act of I § 1. Commissioners and clerks 

1885. — fees and salaries — 

counties divided into 
classes — expenses. 

(Senate Bill No. 104. Approved May 25, 1907.) 

An Act to amend section i of article VII of 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 i, 1885; as amended by an Act approved June 
18, 189 1, in force July 1, 189 1,; as amended by an Act approved April 
24, 1899, in force July 1, 1899; as amended by Act approved April 
24, 1899, in force July 1, 1899, as amended by Act approved June if, 
1895, tw force July 1, 189$; as amended by Act approved June 9, 
189/, in force July 1, 1897; as amended by Act approved May IT, 
1901, in force July 1, 1901. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 1 of article VII of 
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 approved June 18, 1891, in force July 1, 1891 ; approved April 
24, 1899, in force July 1, 1899; as amended by an Act approved April 
24, 1899, in force July 1, 1899; as amended by Act approved June 17, 
1895, in force July 1, 1895 ; as amended by Act approved June 9, 1897, 
in force July 1, 1897; as amended by Act approved May 11, 1901, in 
force July 1, 1901 ; be and the same is hereby amended so as to read as 
follows : 

§ 1. Such election commissioners and the chief clerk of the board 
of election commissioners shall be paid by the county, and for the pur- 
pose of fixing their fees and compensation, the several counties of this 
State are divided into three (3) classes, as they are now classified by 
law, as to fees and salaries. In counties of the first class said election 
commissioners shall receive a salary of five hundred dollars $(500), 
and said chief clerk a salary of four hundred dollars ($400) per annum. 
In counties of the second class said election commissioners shall receive 
a salary of seven hundred dollars ($700), and such chief clerk a salary 
of one thousand two hundred dollars ($1,200) per annum. In counties 
of the third class, to-wit : In Cook county, such election commissioners 
shall receive, a salary of two thousand five hundred dollars ($2,500), 
and such chief clerk a salary of four thousand dollars ($4,000) per 
annum ; and also in counties of the third class, to-wit : In Cook county, 
there may be employed one assistant chief clerk who shall receive a 
salary of two thousand five hundred dollars ($2,500) per annum. All 
expenses incurred by such board of election commissioners shall be paid 
by such city. Such salaries and expenditures are to be audited by the 
county judges, and such salaries shall be paid by the county treasurer 



308 ELECTIONS— EMPLOYMENT. 



upon the warrant of such county judge, out of any money in the county 
treasury not otherwise appropriated, and such expenditures shall be 
paid by the city treasurer, upon the warrant of such county judge, out 
of any money in the city treasury not otherwise appropriated. It shall 
also be the duty of the governing authority of such counties and cities 
respectively to make provision for the prompt payment of such salaries 
arid expenses as the case may be. 
Approved May 25, 1907. 



EMPLOYMENT. 



ACCIDENT REPORTS. 

S 1. Accidents to be reported to Bureau I § 2. Publication of reports, 
of Labor Statistics — what report 
to give. § 3. Penalty. 

(Senate Bill No. 536. Appboved Mat 24, 1907.) 

An Act providing for the reporting, compiling and publishing of infor- 
mation concerning accidents to and deaths by accidents of em- 
ployes. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be the duty of 
every person, firm or corporation employing laborers, artisans, mechan- 
ics, miners, clerks or any other servants or employes of any character, 
to make a report to the State Bureau of Labor Statistics of every serious 
injury entailing a loss of thirty or more days' time, injury or death of 
every employe caused by accident while in the performance of any duty 
or service for such employer within thirty (30) days from the date of 
such injury or death. Such report shall give the name of the employer, 
character of business of such employer, where located, date of injury 
or death, name of person killed or injured, character of employment of 
service, and cause of such injury or death, and when injury alone, then 
the character and extent of such injury, residence, nativity and age of 
the person injured or killed, whether married or single, and, if known, 
how many persons are dependent upon such employe. 

§ 2. It shall be the duty of the State Bureau of Labor Statistics to 
cause such reports to be made and to enforce the provisions of this Act 
and shall cause all of such accidents or deaths by accidents to be class- 
ified into trades or kinds of employment, and shall cause the same to be 
published at least once each year on or before January 1st. 

§ 3. Any person, firm or corporation failing or refusing to make the 
reports as provided in section 1 of this Act shall be deemed guilty of a 
misdemeanor and shall, upon conviction, be fined in a sum not less than 
twenty-five dollars ($25.00) nor more than two hundred dollars 
($200.00). 

Approved May 24, 1907. 



EMPLOYMENT. 309 



BUTTBRINB AND ICE CREAM FACTORIES. 

§ 1. Sanitary condition of buildings and i § 3. Inspection certificate. 

rooms. 

| § 4. Alterations — written notice. 
§ 2. Construction of room, furniture and I 

utensils — storage facilities, etc. I § 5. Penalties. 

(House Bill No. 684. Appeovhd Jdnb 3, 1907.) 

An Act relating to the manufacture of butterine and ice cream. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all buildings or rooms oc- 
cupied by butterine and ice cream manufacturers shall be drained and 
plumbed in a manner conducive to the proper and healthful sanitary 
condition thereof, and shall be constructed with air shafts, windows 
and ventilating pipes sufficient to insure ventilation. The factory in- 
spector shall direct the proper drainage, plumbing and ventilation of 
such rooms or buildings. No cellar or basement now used for the 
manufacture of butterine or ice cream shall be so occupied or used un- 
less the proprietor shall comply with the sanitary provisions of this Act 

§ 2. Every room used for the manufacture of butterine and ice 
cream shall be at least eight feet in height, and shall have, if deemed 
necessary by the factory inspector, an impermeable floor, constructed 
of cement, or of tiles laid in cement, or an additional flooring of wood, 
properly saturated with linseed oil. The side walls of such room shall 
be plastered and wainscoted. The factory inspector may require the 
side walls and ceiling to be whitewashed at least once in three months. 
He may also require the woodwork of such walls to be painted. The 
furniture and utensils shall be so arranged as to be readily cleansed, 
and not prevent the proper cleaning of any part of the room. The 
manufactured butterine and ice cream shall be kept in dry and airy 
rooms, so arranged that the floors, shelves and all other facilities for 
storing the same can be properly cleaned. No domestic animal shall 
be allowed to remain in a room where butterine or ice cream is manu- 
factured or stored, and no water closets or ash pit shall be within or 
connected with the rooms used in the manufacture of butterine Or ice 
cream. 

§ 3. The State factory inspector shall cause such manufactories to 
be inspected. If it be found, upon such inspection, that the manufac- 
tories so inspected are constructed and conducted in compliance with 
the provisions of this Act, the factory inspector shall issue a certificate 
tc the persons owning or conducting such manufactories. 

§ 4. If, in the opinion of the State factory inspector, alterations are 
required in or Upon premises occupied and used as butterine and ice 
cream manufactories, in order to comply with the provisions of this 
Act, a written notice shall be served by him upon the owner, agent or 
lessee of suh premises, either personally or by mail, requiring such 
alterations to be made within sixty days after such service, and such 
alterations shall be made accordingly. 

§ 5. Any person who violates any of the provisions of this Act, or 
refuses to comply with any of the requirements as provided herein, of 
the factory inspector or his deputy, who are hereby charged with the 



310 EMPLOYMENT. 



enforcement of this Act, shall be guilty of a misdemeanor, and, on con- 
viction shall be punished by a fine of not less than fifty dollars ($50.00) 
nor more than two hundred dollars ($200.00) nor more than five 
hundred dollars ($500.00) for the second offense, or imprisonment for 
not more than thirty days, and for a third offense by a fine of not less 
than five hundred dollars ($500.00) nor more than sixty (60) days im- 
prisonment, or both. 
Approved June 3, 1907. 



FACTORY INSPECTION. 

§ 1. Creates department of factory in- § 3. Repeal, 
spectlon. 

§ 2. Chief factory inspector — duties — 
salary — term of office — assistant 
and deputies — annual report — in- 
spection districts — changes. 

(House Bill No. 593. Approved June 3, 1907.) 

An Act to provide for the establishment of a department of factory 
inspection, providing for the appointment of factory inspectors, and 
an attorney for the department, and prescribing their duties, and to 
repeal all Acts or parts of Acts in conflict therewith. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there is hereby created and 
established a separate and distinct department of the State Govern- 
ment to be known as the "Illinois Department of Factory Inspection." 

§ 2. The Governor shall, upon the taking effect of this Act, appoint 
a chief State factory inspector, whose duty it shall be to exercise gen- 
eral supervision over the department of factory inspection, and secure 
the enforcement of all laws now in force or hereafter enacted, relating 
to the inspection of factories, mercantile establishments, mills, work- 
shops and commercial institutions in this State, and to perform such 
other duties as are now or may hereafter be prescribed by law, to be 
performed by the factory inspector. The salary of such chief State 
factory inspector shall be three thousand dollars ($3000.00) per annum 
and his term of office shall be four years. The Governor shall also 
appoint upon the taking effect of this Act, an assistant chief factory 
inspector at a salary of one thousand five hundred dollars ($1,500.00) 
per annum, and twenty-five deputy factory inspectors at a salary of 
one thousand two hundred dollars ($1,200.00) per annum, and at at- 
torney for said department at a salary of one thousand five hundred 
dollars ($1,500.00) per annum. The duties of the assistant chief fac- 
tory inspector and the deputy factory inspectors shall be the same as 
those now or hereafter imposed by laws upon the chief State factory 
inspector, the assistant chief factory inspector, and the deputy factory 
inspectors. Said chief State factory inspector, assistant chief factory 
inspector and deputy factory inspectors shall visit and inspect at all 
reasonable hours, as often as practicable, the factories, mercantile 



EMPLOYMENT. 311 



establishments, mills and workshops, and commercial institutions in 
this State, where goods, wares or merchandise are manufactured, 
stored, purchased or sold, at wholesale or retail. And the chief State 
factory inspector shall report in writing to the Governor on the 15th 
day of December annually, the result of his inspections and investi- 
gations, together with such other information and recommendations as 
he may deem proper. And said inspectors shall make a special investi- 
gation into the conditions of labor in this State, or into any alleged 
abuses in connection therewith, whenever the Governor shall direct, 
and report the results of the same to the Governor. It shall be the 
duty of said inspectors to enforce the provisions of this Act, and per- 
form such other duties as now are or shall hereafter be prescribed by 
law, and to prosecute all violations of law relating to the inspection 
of factories, mercantile establishments, mills, workshops and commer- 
cial institutions in this State before any magistrate or any court of 
competent jurisdiction in this State. And it shall be the duty of the 
State's attorney of the proper county, upon request of the chief State 
factory inspector or his deputies, to prosecute any violation of law 
which it is made the duty of the factory inspectors to enforce. And 
it shall be the duty of the attorney for such department to prosecute, 
when required by the chief State factory inspector, any infractions or 
violations of law which is now or may be hereafter made the duty of 
the factory inspectors to enforce. Said chief State factory inspector 
shall, by written order filed with the Governor, divide the State into 
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 inspection in the district to which he is assigned, under 
the supervision of the chief State factory inspector. The chief State 
factory 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 districts 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 
into inspection districts, changing the territory embraced within the 
several districts, as to him may seem advisable. 

§ 3. 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 appointment of State inspectors to enforce 
the same, and to make an appropriation therefor," approved June 17, 
1893, in force July 1, 1893, as amended by an Act approved May 15. 
1903, in force July 1, 1903, being in conflict herewith, is hereby repealed. 

Approved June 3, 1907. 



312 EMPLOYMENT. 



STRUCTURAL WORK. 



§ 6. Flooring — filling in — plank over 
beams, etc. 

§ 7. Elevating machines — enforcement of 
provisions. 

§ 7a. Signals. 

§ 8. Plans to provide for structural fea- 
tures. 

§ 9. Penalties — recovery of damages — 
attorney fees. 



§ 1. Scaffolds, cranes, ladders, etc. — erec- 
tion and construction. 

§ 2. Intermediate supports for joists, etc. 

§ 3. Placard stating load per square foot 
of floor space, etc. — verification. 

§ 4. Inspection — notice — alteration and 

reconstruction — free access, etc. 

— swinging and stationary de- 
vices regulated. 

§ 5. Water pipe, smoke stack, tower, etc. 

(House Bill No. 592. Appeoved June 3, 1907.) 

An Act providing for the protection and safety of persons in and 
about the construction, repairing, alteration or removal of buildings, 
bridges, viaducts and other structures, and to provide for the enforce- 
ment thereof. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all scaffolds, hoists, cranes, 
stays, ladders, supports or other mechanical contrivances, erected or 
constructed by any person, firm or corporation in this State for the use 
in the erection, repairing, alteration, removal or painting of any house, 
building, bridge, viaduct or other structure, shall be erected and con- 
structed in a safe, suitable and proper manner, and shall be so erected 
and constructed, placed and operated as to give proper and adequate 
protection to the life and limb of any person or persons employed or 
engaged thereon, or passing under or by the same, and in such manner 
as to prevent the falling of any material that may be used or deposited 
thereon. 

Scaffolding, or staging, swung or suspended from an overhead sup- 
port more than twenty (20) feet from the ground or floor shall have, 
where practicable, a safety rail properly bolted, secured and braced, 
rising a [at] least thirty-four (34) inches above the floor or main 
portion of such scaffolding or staging, and extending along the entire 
length of the outside and ends thereof, and properly attached thereto, 
and such scaffolding or staging shall be so fastened as to prevent the 
same from swaying from the building or structure. 

§ 2. If in any house, building or structure in process of erection 
or construction in this State (except a private house, used exclusively 
as a private residence), the distance between the enclosing walls is more 
than twenty- four (24) feet, in the clear, there shall be built, kept and 
maintained, proper intermediate supports for the joists, which supports 
shall be either brick walls or iron or steel columns, beams, trussels 
[trusses] or girders, and the floors in all such houses, buildings or 
structures, in process of erection and construction shall be designed and 
constructed in such manner as to be capable of bearing in all their parts, 
in addition to the weight of the floor construction, partitions and per- 
manent fixtures and mechanisms that may be set upon the same, a live 
load of fifty (50) pounds for every square foot of surface in such floors, 
and it is hereby made the duty of the owner, lessee, builder or con- 



EMPLOYMENT. 3VJ 



tractor or sub-contractor of such house, building or structure, or the 
superintendent or agent of either, to see that all the provisions of this 
section are complied with. 

§ 3. It shall be the duty of the owner of every house, building or 
structure (except a private house, used exclusively as a private resi- 
dence) now under construction, or hereafter to be constructed, to 
affix and display conspicuously, on each floor of such building, during 
construction, a placard, stating the load per square floor [foot] of floor 
surface, which may with safety be applied to that particular floor dur- 
ing such construction ; or if the strength of different parts of any floor 
varies, then there shall be such placards for each varying part of such 
floor. It shall be unlawful to load any such floors, or any part thereof, 
to a greater extent than the load indicated on such placards, and all 
such placards shall be verified and approved by the State factory in- 
spector, a deputy factory inspector, or by the local commissioner or 
inspector of buildings or other proper authority, in the city, town or 
village charged with the enforcement of building laws. 

§ 4. Whenever it shall come to the notice, of the State factory in- 
spector or the local authority in any city, town or village in this State, 
charged with the duty of enforcing the building laws, that the scaffold- 
ing or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons 
or ropes of any swinging or stationary scaffolding, platform or other 
similar device used in the construction, alteration, repairing, remov- 
ing, cleaning or painting of buildings, bridges or viaducts within this 
State are unsafe, or liable to prqve dangerous to the life of limb of 
any person, the State factory inspector, or such local authority or 
authorities, shall immediately cause an inspection to be made of such 
scaffolding, platform or device, or the slings, hangers, blocks, pulleys, 
stays, braces, ladders, iron or other parts connected therewith. If, 
after examination, such scaffolding, platform or device or any of such 
parts is found to be dangerous to the life or limb of any person, the 
State factory inspector or such local authority shall at once notify the 
person responsible for its erection or maintenance of such fact, and 
warn him against the use, maintenance or operation thereof, and pro- 
hibit the use thereof, and require the same to be altered and recon- 
structed so as to avoid such danger. Such notice may be served per- 
sonally upon the person responsible for its erection or maintenance, 
or by conspicuously affixing it to the scaffolding, platform or other such 
device, or the part thereof declared to be unsafe. After such notice 
has been so served or affixed, the person responsible therefor shall cease 
using and immediately remove such scaffolding, platform or other 
device or part thereof and alter or strengthen it in such manner as to 
render it safe. 

The State factory inspector or any of his deputies, or such local 
authority, whose duty it is, under the terms of this Act, to examine or 
test any scaffolding, platform or other similar device, or part thereof, 
required to be erected and maintained by this section, shall have free 
access at all reasonable hours to any b