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LAWS
OF THE
STATE OF ILLINOIS
ENACTED BY THE
Forty-Sixth General Assembly
AT THE
REGULAR BIENNIAL SESSION
BEGUN AND HELD AT THE CAPITOL, IN THE CITY OF
SPRINGFIELD, ON THE SIXTH DAY OF JANUARY
A. D. 1909, AND ADJOURNED SINE DIE ON THE
FOURTH DAY OF JUNE, A. D. 1909.
PRINTED BY AUTHORITY OF THE GENERAL ASSEMBLY
OF THE STATE OF ILLINOIS.
SPRINGFIELD, ILL.:
Illinois State Journal Co., State Printers
1909
/
CONTENTS.
Administration of Estates : . Page.
An Act to amend sections 74, 75 and 77 of an Act entitled "An Act in
regard to the administration of estates," approved April 1, 1872, in
force July 1, 1872, and as amended in regard to said section 75, by an
Act approved June 10, 1897, in. force July 1, 1897 1
An Act to render valid the ascertainment heretofore made by any of the
probate courts of this State and declaring the heirship of deceased
persons, and authorizing such courts hereafter to ascertain and declare
such heirship and for other purposes relating thereto 3
An Act to amend section 19 of an Act entitled "An Act in regard to the
administration of estates," approved April 1, 1872, in force July 1,1872. 4
An Act to amend section 22 of an Act entitled "An Act in regard to the
administration of estates," approved April 1, 1872, and in force Julv 1,
1872 4
Agriculture and Horticulture :
An Act to amend section four (4) of "An Act creating the Illinois Farm-
ers' Institute," approved June 24, 1895, as amended by an Act approved
May 15, 1903 5
An Act to amend 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 same," approved June 23, 1883. in
force July 1, 1883 ; and as amended April 26. 1907, in force July 1, 1907. 6
Animals and Birds :
An Act to amend section 1 of "An Act to provide for the payment of
bounties for killing crows," in force July 1, 1907 7
An Act to amend section 1 of "An Act to provide for the payment of
bounties for killing ground hogs," approved June 4, 1907, in force July
1, 1907 7
An Act to prohibit the killing, interfering with or injuring carrier pigeons
and to provide punishment for the violation thereof 8
An Act to revise the law in relation to the suppression and prevention
of the spread of contagious and infectious diseases among domestic
animals 8
An Act to regulate the public service of stallions in .Illinois 14
An Act to prohibit misrepresentations relative to the pedigree and breed-
ing of stallions and jacks kept for public service and providing a penalty
for the same 19
Appropriations :
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 ex-
tension of the Agricultural Experiment Station, and to make appropria-
tions therefor 19
An Act making appropriation for county fairs or other- agricultural so-
cieties of the State of Illinois 23
An Act making an appropriation for the Illinois Farmers' Institute and
county farmers' institutes 24
An Act making an appropriation for the State Board of Agriculture and
county and other agricultural fairs 25
An Act making an appropriation for the payment of the amounts awarded
by the Court of Claims to certain persons named therein 26
An Act making an appropriation for the Illinois State Beekeepers' Associ-
ation 28
An Act making appropriation to repair bridges over the Illinois and
Michigan canal at points where highways existed prior to construction
of said canal 29
An Act to make an appropriation to enable the State to comply with the
laws of the United States in relation to the navigability of the Chicago
river 30
IV CONTENTS.
Appropriations— Continued. Page.
An Act making appropriations for the State Charitable Institutions herein
named 30
An Act making appropriations "for the ordinary and other expenses of the
State charitable institutions herein named 31
An Act making appropriations for the State charitable institutions herein
named 32
An Act making an appropriation for the Illinois Dairymen's Association. . 37
An Act making appropriations for the ordinary expenses of the State
educational institutions herein named 37
An Act making appropriations for the State educational institutions herein
named ." 39
An Act making appropriations for the University of Illinois 41
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 en-
dowment and support of the colleges for the benefit of agriculture and
mechanic arts," established under the provisions of an Act of Con-
gress approved July 2, 1862. And the money granted by an Act of Con-
gress approved March 4, 1907, entitled "An Act making appropriations
for the Department of Agriculture for the fiscal year ending June 30,
1908." 42
An Act authorizing and directing the establishment of a department of
mining engineering in the College of Engineering, at the University of
Illinois, and providing for the support of the same 43
An Act making appropriation for the erection of buildings for the Uni-
versity of Illinois 44
An Act to make an appropriation for the benefit, aid and maintenance of
the Illinois Firemen's Association 45
An Act making an appropriation to meet a deficiency in the expenses for
returning fugitives from justice 46
An Act to make an appropriation to defray certain expenditures made
by members of the Illinois House of Representatives, in the 45th General
Assembly of the State of Illinois, in the expenses of and attendance upon
the funerals of Honorable Richard Powers and Honorable Paul Finnan,
deceased members of the House of Representatives of the State of
Illinois .. 46
An Act making an appropriation for the payment of committee expenses
of the Forty-sixth General Assembly 47
An Act making appropriations for the payment of employes of the Forty-
sixth General Assembly 47
An Act making appropriation for the payment of employes of the Forty-
sixth General Assembly 48
An Act to provide for the incidental expenses of the Forty-sixth General
Assembly of the State of Illinois, and for the care and custody of the
State house and grounds, to be incurred and now unprovided for 48
An Act making an 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 49
An Act making an appropriation for the payment of the printing and of
the publication expenses of the Grand Army of the Republic, of the
Department of Illinois 49
An Act making an appropriation for the Illinois Grant Home Association. . 50
An Act making appropriations for procuring documents, papers and
materials and publications relating to the Northwest and the. State of
Illinois 51
An Act making an appropriation in aid of the Illinois State Horticultural
Society 51
An Act to provide for the purchase of a safe for the Insurance Depart- .
ment and making appropriation therefor 52
An Act making an appropriation for the expenses of a commission ap-
pointed by the Governor of this State under and by virtue of Senate
Joint Resolution No. 19 of the Forty-fifth General Assembly, adopted by
the Senate May 11, 1907, and concurred in by the House of Representa-
tives, November 27, 1907 52
An Act to appropriate the sum of five thousand dollars to pay for the
services and expenses of the commission appointed under and pur-
suant to Senate Joint Resolution No. 24, to obtain information and re-
port to the General Assembly their judgment as to the advisability of
enacting a law regulating fire insurance rates in this State, and to pay
for other expenses connected with their investigation, and extending the
time for the report of said commission 54
An Act to establish the Mining Investigating Commission of the State of
Illinois, and prescribing its powers and duties and making an appro-
priation therefor 55
An Act to provide for the expenses of the committee heretofore authorized
by joint resolution of the House and Senate of February 24, 1909, to
CONTENTS.
Appropriations — Concluded. Page.
be appointed to investigate the interest of the State of Illinois in cer-
tain public lands in said joint resolution referred to, and making an
appropriation of fifteen thousand dollars ($15,000) therefor 57
An Act for the appointment of a commission to investigate and report
on the preservation of certain lands for public parks for the State of
Illinois, and to make an appropriation to pay the expenses of said
commission 58
An Act to provide for a commission to inquire into the subject of tax-
ation for State and local purposes, and the expediency of revising and
amending the laws relating thereto, and making an appropriation there-
for 59
An Act to provide for the expenses of the committee authorized to be ap-
pointed under House Joint Resolution No. 20, adopted by the House,
April 14, 1909, and concurred in by the Senate with amendments May
,. 5, 1909, and finally approved by the House May 7, 1909, to investigate
into the reliability, efficiency and necessity of adopting the tuberculin
test in the State of Illinois, "and for other purposes, and making an
appropriation of $10,000 therefor 60
An Act making an appropriation for the Illinois Live Stock Breeders'
Association '. 61
An Act to establish and maintain a laboratory for the production of hog
cholera serum and other biological products for free distribution to the
live stock producers of the State of Illinois, and making an appropri-
ation therefor 62
An Act maKing an appropriation to provide for a deficiency in the ordinary
and contingent expenses of the State Board of Live Stock Commis-
sioners 62
An Act to make an appropriation to the State Milk Producers' Institute.
An Act to appropriate $1,000 for the Milk Producers' Institute of Illinois. 63
An Act to appropriate fifteen thousand dollars ($15,000.00) or so much
thereof as may be necessary for the purpose of paying for additional
improvements for and in connection with the construction of the Seventh
Infantry, Illinois National Guard, Armory, situated in the city of Chicago
State of Illinois 64
An Act to provide for improvements at Camp Lincoln, Illinois 64
An Act to provide for improvements at Camp Logan, Illinois 65
An Act to provide for the ordinary and contingent expenses of the Illinois
National Guard and Illinois Naval Reserve 65
An Act tc provide for the purchase of overcoats and dress and service uni-
forms for the Illinois National Guard and Illinois Naval Reserve 66
An Act to provide for the expenses of the voyage of the U. S. S. Nashville,
from the navy yard, Boston, Mass., to Chicago, Illinois 66
An Act making appropriations for the Southern Illinois Penitentiary at
Chester 67
An Act to make appropriation for ordinary and other expenses of the
Illinois State Penitentiary at Joliet 68
An Act to make appropriations for ordinary an"d other expenses of the
Illinois State Reformatory at Pontiac 68
An Act making an appropriation 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 Peniten-
tiary and a new Illinois Asylum for Insane Criminals at or near the
city of Joliet 70
An Act to appropriate one thousand dollars ($1,000) for purchase of por-
trait of Patrick Henry 71
An Act making an appropriation for the Illinois State Poultry Association. 71
An Act making an appropriation to meet the deficiency in the appropriation
for the payment of public printing and binding, for the purchase of
printing paper and stationery under contract by the State of Illinois. ... 72
An Act for the relief of Albert W. Leidel 73
An Act for the relief of the suffering and destitute people of southern
Italy and Sicily 73
An Act making an appropriation of the amount of the uncollected salary
of Paul I. Zaabel, deceased member of the Forty-sixth General As-
sembly, in favor of the widow 74
An Act to provide for the ordinary and contingent expenses of the State
Government until the expiration of the fiscal quarter after the adjourn-
ment of the next regular session of the General Assembly 77"
An Act to make appropriations to provide for the current expenses of the
Supreme Court, and for the care of the Temple of Justice building and
grounds 92
An Act authorizing the making of additions to, and the correction of,
names of Illinois soldiers or sailors enrolled upon the tablets erected
within the Illinois State Monument, or Memorial- Temple, in the Na-
tional Military Park at Vicksburg, Mississippi ; and providing for the
appointment of commissioners therefor, and making appropriation for
the payment of the cost and expenses thereof 93
VI CONTENTS.
Architects : Page.
An Act to amend sections 2 and 3 of an Act entitled, "An Act creating the
office of supervising architect of the State of Illinois and defining his
powers and duties," approved April 24, 1899, in force July 1, 1899,
as amended by an Act of May 16, 1905, in force July 1, 1905 94
Art :
An Act to create a State Art Commission and to define its powers and
duties 96
Attorneys and Counselors :
An Act creating attorney's lien and for enforcement of same 97
Barbers :
An Act t-o regulate the pursuit of the business, art and avocation of a
barber, and to secure the better qualifications of persons following such
business in the State of Illinois 98
Cemeteries :
An Act to amend sections four (4), five (5) and six (6), of an Act entitled,
"An Act to protect cemeteries and to provide for their regulation and
management," approved June 29, 1885, in force July 1, 1885, as amended
by an Act approved June 3, 1889, in force July 1, 1889 101
Charities :
An Act to revise the laws relating to charities and making an appropria-
tion to carry out the provisions thereof 103
An Act to amend section two of an Act entitled, "An Act to provide for
the burial of deceased indigent or friendless soldiers, sailors or ma-
rines of the late civil war, the Spanish-American war, the Philippine in-
surrection and the Boxer uprising in China, or their mothers, wives or
widows," so as to increase the sum that may be expended in any one
case to fifty dollars 123
An Act to amend "An Act to regulate the granting of relief to indigent
war veterans and their families, and to repeal a certain Act therein
named," approved May 25, 1907, in force July 1, 1907, by adding thereto
two new sections to be known as section No. 10 and section No. 11, re-
spectively 124
An Act authorizing the board of trustees of the Soldiers' Orphans' Home,
located at Normal, Illinois, to sell lots two (2) and three (3-) in block
thirty-seven (37) in Cassiday's addition to the city of Joliet, Will
county, Illinois 125
Cities^ Villages and Towns :
An Act to amend sections one and two of an Act entitled, "An Act to
enable cities, towns and villages organized under any general or special
law to levy and collect a tax or license fee from foreign fire insurance
companies for the benefit of organized Are departments," in force July 1,
1895, of which section one was amended by Act approved May 12, 1905,
in force July 1, 1905 126,
An Act to amend section 1 and section 4 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 re-
tirement from service and pensioning of members of the fire depart-
ment, and for other purposes connected therewith, in cities, villages or
incorporated towns, whose population exceeds five thousand inhabitants,
having a paid fire department," approved May 13, 1887, in force July 1,
1887, and as amended by an Act entitled, "An Act to amend sections
three (3), seven (7), eight (8) and ten (10) of an Act entitled, An
Act to create a board of trustees of the firemen's pension fund ; to pro-
vide and distribute such fund for the pensioning of disabled firemen and
the widows and minor children of deceased firemen ; to authorize the re-
tirement from service and pensioning of members of the fire department,
and for other purposes connected therewith in cities, villages or incorpor-
ated towns whose population exceeds fifty thousand inhabitants, having a
paid fire department,' approved May 13, 1887, in force July 1, 1887," ap-
proved March 28, 1889, in force July 1, 1889, as amended by an Act en-
titled, "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 fire de-
partment, and for other purposes connected therewith, in cities, villages
or incorporated towns, whose population exceeds fifty thousand inhabit-
CONTENTS. VII
Cities, Villages and Towns — Concluded. Page.
ants, having a paid fire department' approved May 13, 1887, in force
July 1, 1887, and as amended by an Act approved March 28, 1889, in
force July 1, 1889, as amended by an Act approved June 1, 1907, in
force July 1, 1907." 128
An Act requiring cities, villages and incorporated towns to submit certain
ordinances authorizing the issue of bonds, except to refund any existing
bonded indebtedness, to the voters of any such city, village or incor-
porated town 130
An Act to legalize the organization of certain cities, towns and villages,
under an Act entitled "An Act to provide for the incorporation of cities
and villages," approved April 10, 1872, in force July 1, 1872 131
An Act to amend section four (4) of article XII of chapter twenty-four
(24) of an Act entitled "An Act to provide for the licensing of plumbers
and to supervise and inspect plumbing," approved June 10, 1897, in
force July 1, 1897 132
An Act to provide for setting apart, formation and disbursement of a police
pension fund in cities, villages and incorporated towns, in the State of
Illinois, having a population of not less than 20,000 and not more than
50,000 inhabitants 133
An Act granting power to the city councils in cities, and the president and
board of trustees in villages and incorporated towns to license and regu-
late advertising by means of bill boards, sign boards and signs 139
An Act to extend the powers of the city council in cities, and the president
and board of trustees in villages and incorporated towns 139
An Act concerning sinking funds 140
An Act to amend section 1 of article VIII of an Act entitled, "An Act to pro-
vide for the incorporation of cities and villages," approved April 10, 1872,
in force July 1, 1872, as amended 141
An Act to amend section 1 of an Act entitled, "An Act in relation to the
rate of taxation in cities, villages and incorporated towns," approved
and in force May 30, 1881 142
An Act to amend sections 1 and 2 of "An Act to enable cities and villages
to establish and maintain public tuberculosis sanitariums," approved
March 7, 1908, in force July 1, 1908 143
An Act concerning the election and powers of trustees in villages and incor-
porated towns organized and existing under special Acts 144
Conveyances :
An Act to render valid all conveyances or other instruments affecting or
relating to the title to real or personal property within this State, and
instruments or writings relating to any obligation enforcible in this
State, that may have been heretofore or that shall hereafter be executed
without this State, to which a seal or scroll is not affixed and for other
purposes relating thereto 145
An Act to amend section 4 of an Act entitled, "An Act concerning land
titles," approved and in force May 1, 1897 146
An Act entitled, "An Act in regard to tax title and providing for the re-
conveyance of tax titles and fixing a penalty for failure or refusal to
reconvey." 146
Coroners :
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 add-
ing thereto one new section, to be known as section 10a 147
Counties :
An Act to amend section twenty-seven (27) of an Act entitled, "An Act
to revise the law in relation to counties," approved and in force March
31, 1874, as amended by an Act approved May 15, 1903, in force July
1, 1903 148
An Act to amend section sixty-one (61) of an Act entitled, "An Act to
revise the law in relation to counties," approved March 31, 1874, as
amended by Acts approved respectively May 20, 1879, June 14, 1887,
June 26, 1895, and May 18, 1905 149
An Act to amend section 26 of an Act entitled, "An Act to revise the law
in relation to counties," approved and in force March 31, 1874 160
An Act to amend sections 24 and 25 of an Act entitled, "An Act to revise
the law in relation to counties," approved and in force March 31, 1874. . 162
Courts :
An Act to amend section two (2) of an Act entitled, "An Act to establish
Appellate Courts," approved June 2, 1877, in force July 1, 1877, as
amended by an Act approved April 22, 1899, in force July 1, 1899 163
An Act to amend section 2 of an Act entitled, "An Act to authorize the
judges of the circuit courts to appoint short-hand reporters for the
taking and preservation of evidence, and to provide for their compen-
sation," approved May 31, 188 i, in force July 1, 1887 164
VIII CONTENTS.
Co drts — Continued. Page.
An Act entitled 'An Act to establish terms of circuit court for Jefferson
county." 165
An Act to amend section 5 of an Act entitled, "An Act to amend An Act
concerning- circuit courts, and to fix the time for holding the same in
the several counties in the judicial circuits of Illinois, exclusive of the
county of Cook," approved May 24, 1879, in force July 1, 1879 ; and as
j amended by an Act of the General Assembly approved June 11, 1897,
] and in force July 1, 1897 ; as amended by an Act of the General As-
sembly approved April 7, 1905, in force July 1, 1905 165
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 of holding the same in
the several counties in the judicial circuits of the State of Hlinois. ex-
clusive 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, as
amended by Act approved April 22, 1907, in force July 1, 1907 166
An Act to amend section nine (9) of an Act entitled, "An Act to amend
an Act concerning circuit courts, and to fix the time for holding same
in the several counties in the judicial circuits of the State of Illinois,
■ exclusive of the county of Cook," approved May 24, 1879, in force July
1, 1879, approved June 11, 1897, in force July 1, 1897, as amended by an
Act approved May 11, 1901, in force July 1, 1901 167
An Act to amend section 16 of "An Act concerning circuit courts and to
fix the time for holding the same in the several counties in the judicial
circuits of the State of Illinois, exclusive of the county of Cook," ap-
proved May 24, 1879, in force July 1, 1879, approved June 11, 1897, in
force July 1, 1897, as amended by an Act approved May 11, 1901, in force
July 1, 1901, as amended by an Act approved and in force April 19, 1907,
as amended by an Act approved an in force January 31, 1907, and all
Acts amendatory thereof 168
An Act to amend section 17 of an Act entitled "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 Mav 24, 1879, in force July 1, 1879, as amended by
an Act approved June 11, 1897, in force July 1, 1897 169
An Act to amend section 18 of an Act entitled "An Act to amend an Act
concerning circuit courts and to fix the time for holding the same in the
several counties in the judicial circuits of the State of Illinois, exclusive
of the county of Cook," approved May 24, 1879, in force July 1, 1879,
approved June 11, 1897, in force July 1, 1897 169
An Act to provide for judges of circuit courts and judges of the superior
court of Cook county holding court in the several circuits of the State
and Cook county by order of the Supreme Court or any judge thereof... 170
An Act to give circuit courts of this State, and the superior courts of Cook
county, in term time, and judges thereof in vacation, concurrent juris-
diction with the county courts, in all matters pertaining to the or-
ganization of farm drainage districts, and farm drainage and levee dis-
tricts, and the operation thereof, and to [repeal] all Acts in conflict
herewith 171'
An Act to amend section 23 of "An Act in relation to courts of record in
cities," approved May 10, 1901, in force July 1, 1901, as amended by
Act approved May 8, 1907, in force July 1. 1907 172
An Act to amend section 31 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 May 15, 1879, in force July 1, 1879 172
An Act to amend section 36 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," ap-
proved March 26, 1874, in force July 1. 1874, as amended by an Act
approved May 15, 1879, and in force July 1, 1879 173
An Act to amend section 37 of an Act entitled, "An Act to extend the juris-
diction of the county covirts and to provide for the practice thereof, to
fix the time for holding the same and repeal an Act therein named,"
approved March 26, 1874, in force July 1, 1874 ; as amended by an Act
entitled, "An Act to amend sections thirty-seven, seventy-four and one
hundred and one 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, approved May 23, 1S83, in force July 1, 1883 173
An Act to amend section ninety-one (91) of an Act entitled, "An Act to
extend the jurisdiction of county courts, and to provide for the practice
thereof, to fix the time for holding the same, and to repeal an Act
therein named," approved March 26. 1874, in force July 1, 1874 ; as
amended by Act approved March 29. 1875, in force July 1, 1875 174
CONTENTS. IX
Courts— Concluded. Page.
An Act to prohibit county and probate clerks and deputy county or probate
clerks from preparing certain documents and from holding certain
positions 174
An Act to extend the jurisdiction of probate courts and county courts
having probate jurisdiction so as to include the complete administration
of testate estates 175
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; as amended by an Act approved May 17, 1907, in '
force July 1, 1907 176
Criminal Code :
An Act entitled, "An Act to punish persons for wilful injury to lines, poles
and other apparatus used in transmitting or carrying electric current
or messages." 177
An Act to amend section 97 of "An Act to revise the law in relation to
criminal jurisprudence," approved March 27, 1874, in force July 1, 1874. 177
An Act concerning larceny and embezzlement of funds and property of
fraternal beneficiary societies, corporations and associations, and their
subordinate lodges, by officers thereof 178
An Act to prevent the detention, by debt or otherwise, of female persons-
in houses of prostitution or other places where prostitution is practiced
or allowed, and providing for the punishment thereof 179
An Act to amend an Act entitled, "An Act in relation to pandering, to
define and prohibit the same, to provide for the punishment thereof, for
the competency of certain evidence at the trial therefor, and providing
what shall be a defense," approved June 1, 1908, in force July 1, 1908,
and also the title of said Act 180
An Act to amend section 2 of an Act entitled, "An Act for the protection
of passengers on railroads and steamboats," approved May 14, 1877, in
force July 1, 1877 ; title as amended by Act approved May 29, 1879, in
force July 1, 1879 181
Drainage :
An Act to amend sections five (5), nine (9), thirteen (13), fifteen (15),
sixteen (16), seventeen (17), seventeen and one-half (17%,), eighteen
(18), twenty-six and one-half (26%), thirty-seven (37), forty-two (42),
fifty-five (55) and fifty-nine (59), and to repeal sections nineteen (19),
twenty (20), twenty-one (21) and twenty-two (22), and to add three
new sections, to be known as sections five A (5a), seventeen A (17a)
and seventeen B (17b) respectively, to an Act entitled, "An Act to pro-
vide for the construction, reparation and 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 dis-
tricts," approved and in force May 29, 1879 ; as amended by an Act ap-
proved June 30, 1885, in force July 1, 1885 ; as amended by an Act ap-
proved June 4, 1889, in force July 1. 1889 ; as amended by an Act ap-
proved June 24, 1895, in force July 1, 1895 ; as amended by an Act ap-
proved May 10, 1901, in force July 1, 1901 ; as amended by an Act ap-
proved May 14, 1903, in force July 1, 1903 ; as amended by an Act ap-
proved and in force May 20, 1907 .- 182
An Act to amend section 9 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, as amended by an Act approved May 25,
1907, in force July 1, 1907 196
An Act to legalize the organization of sanitary districts, and the election
of trustees held within and for the same, where such districts have been
organized in pursuance of "An Act to create sanitary districts in certain
localities and to drain and protect the same from overflow for sanitary
' purposes," approved May 17, 1907, in force July 1, 1907 196
Elections :
An Act to amend section 1 of article VII of an Act entitled, "An Act regu-
lating the holding of elections and declaring the results thereof in cities,
villages and incorported towns in this State," approved June 19, 1885,
in force July 1, 1885, as amended by an Act approved June 17, 1895,
in force July 1, 1895, as amended by an Act approved June 9, 1897, in
force July 1, 1897, 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 May 25, 1907, in force
July 1. 1907 198
CONTENTS.
Employment : Page.
An Act to create a bureau of labor statistics and statistical details of
manufacturing industries and commerce of the State, and to provide for
a board of -commissioners and secretary, and repealing certain acts
therein named 199
An Act to amend section 12 of "An Act relating to employment offices
and agencies," approved and in force May 11, 1903 201
An Act to provide for the health, safety and comfort of employes in fac-
tories, mercantile establishments, mills and workshops in this State,
and to provide for the enforcement thereof 202
An Act to regulate and limit the hours of employment of females in any
mechanical establishment or factory or laundry in order to safeguard
the health of such employes ; to provide for its enforcement and a
penalty for its violation 212
An Act relating to private employment agencies and to repeal parts of a
certain Act relating- thereto 213
Fees and Salaries :
An Act to allow a per diem fee to clerks of the circuit, county and pro-
bate courts in counties of the first and second class and to repeal
certain Acts therein named 220
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 refer-
ence thereto," approved March 29, 1872, and Acts amendatory thereto;
title as amended by Act approved March 28, 1874, in force July 1, 1874,
as amended by Act approved May 11, 1907, in force July 1, 1907 221
An Act to provide for fees of clerks of probate courts in counties of the
second class having a population of seventy thousand or more 222
An Act to amend section 41 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 an Act approved March 28, 1874, in force July 1, 1874,
as amended by an Act approved and in force May 17, 1877, be and is
hereby amended so as to read as follows : 224
An Act to amend section 18 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 225
An Act to amend section 19 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 ; titfe as
amended by an Act approved March 28, 1874, and in force July 1, 1874. . 228
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 refer-
ence thereto," approved March 29, 1872, in force July 1, 1872, as
amended by Act approved June 4, 1889, in force July 1, 1889, title as
amended by' Act approved March 28, 1874, in force July 1, 1874, as
amended by Act approved June 4, 1907, in force July 1, 1907 231
An Act to amend section 27 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,
as amended by an Act approved May 16, 1905, in force July 1, 1905. . . . 233
Fire Escapes :
An Act to amend an Act entitled, "An Act relating to fire escapes," ap-
proved and in force April 21, 1899 234
Fish and Game :
An Act to amend an Act entitled, "An Act to regulate the catching of
whitefish, trout, herring, chubs, longjaws. blackfins, perch and other
rough fish in the waters of Lake Michigan under the jurisdiction of the
State of Illinois," approved May 17, 1907, in force July 1, 1907, by add-
ing thereto two new sections to be known as section 8a and section Sb.. 234'
An Act entitled "An Act to amend sections one (1), two (2), three (3),
six (6), eight (8), nine (9), ten (10), sixteen (16), seventeen (17),
eighteen (18), twenty-five (25), twenty-seven (27), twenty-eight (28),
twenty-nine (29), and to repeal section thirty-one (31) of an Act en-
titled, '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, as further amended by an Act approved May 28, 1907, in
force July 1, 1907 236
Forestry :
An Act to provide for the creation and management of Forest Preserve
Districts and repealing a certain Act therein named 245
CONTENTS. XI
General Assembly: Page.
An Act to amend section one (1) of "An Act to provide for and fix the
compensation of the members of the General Assembly of the State of
Illinois," approved December 6, 1907, in force July 1, 1908 252
Inn-Keepers :
An Act for the protection of inn-keepers 252
Insurance :
An Act to authorize corporations organized to do the business of accident
insurance on the assessment plan to amend their certificates of incor-
poration so as to include among their corporate powers the authority to
insure against disability resulting from sickness or disease and to
provide a funeral benefit for their members 255
An Act to amend section ten (10) of an Act entitled, "An Act to organize
and regulate county fire insurance companies," approved June 2, 1877,
in force July 1, 1877 256
An Act to amend section four of an Act entitled, "An Act to organize
and regulate county fire insurance companies." approved June 2, 1877,
and in. force July 1, 1877, so as to allow persons other than members
to be appointed treasurer 256
An Act to amend section 8 of an Act entitled, "An Act to incorporate and
to govern Are, marine and inland navigation insurance companies doing
business in the State of Illinois," approved and in force March 11, 1869,
as amended by Act approved June 19. 1891, in force July 1, 1891 257
An Act to amend section 8 of an Act entitled, "An Act to revise the law
in relation to township insurance companies," approved March 24, 1874,
and in force July 1', 1874, as amended by Act approved May 13, 1905,
in force July 1, 1905 T 258
An Act authorizing and empowering fraternal beneficiary societies now
organized and existing, or hereafter organized, under and by virtue of
the laws of the State of Illinois, or any such society organized and exist-
ing under and by virtue of the laws of any other state, province or ter-
ritory, and now or hereafter admitted to do business within this State,
to create maintain and operate for the^benefit of its sick, disabled or
distressed members and their families and dependents, hospitals, asy-
lums and sanatoriums 259
An Act to repeal an Act entitled, "An Act defining who may become dele-
gates or who shall have any voice in the management of, or legislate
for, anv fraternal insurance society doing business in the State of
Illinois." Approved on May 23, 1907 260
An Act to amend section twelve (12) of an Act entitled, "An Act to pro-
vide for the organization and management of fraternal beneficiary socie-
ties, for the purpose of furnishing life indemnity oi pecuniary benefits
to beneficiaries of deceased members, or accident or permanent in-
demnity 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," approved and in
force June 22, 1893 ; as amended by Act approved May 16, 1905, in
force July 1, 1905 261
An Act" to amend section two of an Act entitled, "An Act to provide for the
establishment of an insurance department, and the appointment of an
insurance superintendent," approved June 20, 1893, in force July 1, 1893. 262
An Act in relation to consolidation and reinsurance by life insurance com-
panies 263
An Act to amend section 6 of an Act entitled, "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 business
herein," approved May 20, 1907, in force January 1, 1908 265
An Act creating the office of State Fire Marshal, prescribing his duties
and providing for his compensation and for the maintenance of his
office 266
Landlord and Tenant :
An Act to amend section 8 of "An Act to revise the law in relation" to
landlord and tenant," approved May 1. 1873, in force July 1, 1873 271
An Act regarding the leasing of dwelling houses, flats and apartments,
and defining certain offences in connection therewith and providing a
penalty for the violation thereof 272
XII CONTENTS.
Libraries : Page.
An Act to amend section 5 of an Act entitled "An Act to authorize cities,
incorporated towns and townships to establish and maintain free public
libraries and reading rooms." approved and in force March 7, 1872.... 273
An Act to amend section 1 of an Act entitled, "An Act to authorize cities,
incorporated towns and townships to establish and maintain free public
libraries and reading rooms," approved and in force March 7, 1872,
and as amended 274
An Act to amend an Act entitled, "An Act to revise the law in relation to
the State library," approved February 25, 1874, in force July 1, 1874,
by adding three new sections to be known as sections 10, 11 and 12 274
Marriages :
An Act entitled, "An Act to amend section four (4) of an Act entitled, 'An
Act to revise the law in relation to marriages,'" approved February 27,
1874, in force July 1, 1874, as amended by an Act approved May 30,
1881, in force July 1, 1881, as amended bv an Act approved May 13,
1905, in force July 1, 1905 ' 276
Medicine and Surgery :
An Act to regulate the practice of dental surgery and dentistry in the State
of Illinois, and to repeal certain Acts therein named 277
An Act to amend section 6 of "An Act to regulate the practice of veterin-
ary medicine and surgery in the State of Illinois," approved April 24,
1899, in force July 1, 1899 283
Mines :
An Act to amend an Act entitled, "An Act to provide for the safety of
persons employed in and about coal mines, and to provide for the ex-
amination of persons seeking employment as coal miners, and to pre-
vent the employment of incompetent persons as miners, and providing
penalties for the violation of the same," approved June 1, 1908, in
force July 1, 1908 284
Negotiable Instruments :
An Act to amend section seventeen (17.) of an Act entitled, "An Act to
revise the law in relation to promissory notes, bonds, due bills, and
other instruments in writing," approved March 18, 1874, in force July
1, 1874 287
Notices :
An Act concerning the publication of legal notices 288
Parks :
An Act to amend section 1 of an Act entitled, "An Act in regard to the
completion, improvement and management of public parks and boule-
vards, and to provide a more efficient remedy for the collection of de- '
linquent assessments," approved May 2, 1873, in force July 1, 1873, and
as amended 288
An Act to amend section 1 of an Act entitled, "An Act to enable park com-
missioners to maintain and govern parks and boulevards under their
control," approved June 17, 1893, in force July 1, 1893, and as amended
May 18, 1905, in force July 1, 1905 289
An Act restricting the erection of structures for advertising purposes near
parks and boulevards, and providing a penalty therefor 290
An Act to enable park commissioners to issue bonds to raise funds for the
acquisition and improvement of additional small parks and pleasure
grounds, and to provide a tax for the payment of the same 291
An Act to amend section 38 of an Act entitled, "An Act to provide for the
organization of park districts and the transfer of submerged lands to
those bordering on navigable bodies of water," approved June 24, 1895,
in force July 1, 1895, as amended by an Act approved April 22, 1899, in
force July 1, 1899 292
An Act to amend section 2 of an Act entitled, "An Act to enable park
commissioners or corporate authorities to take, regulate, control and
improve public streets leading to public parks ; to pay for the improve-
ment thereof, and in that behalf to make and collect a special as-
sessment, or special tax on contiguous property," approved and in force
April 9, 1879 ; as amended by an Act approved June 16, 1887, in force
July 1, 1887 294
An Act to amend section one of an Act entitled, "An Act to provide for
making improvements and repairs upon highways adjoining public parks
and pleasure grounds," approved and in force April 22, 1907, and to add
thereto three new sections, to be known as sections 2, 3 and 4 295
CONTENTS. XIII
Parks— Concluded. Page.
An Act to legalize certain elections held under and by virtue of "An Act
to provide for the organization of park districts and the transfer of
submerged lands to those bordering on navigable bodies of water,"
approved June 24, 1895, in force July 1, 1895 296
An Act to amend section 2 of an Act entitled, "An Act to enable park
commissioners or park authorities to take, regulate, control and im-
prove public streets and to pay for the improvement thereof," approved
June 21, 1895, in force July 1, 1895 297
An Act to amend "An Act to provide for the assessment and collection of
a general tax by cities, for parks and boulevard purposes," approved
June 17, 1893, in force June 17, 1893, as amended by an Act approved
and in force January 31, 1895 298
Paupers :
An Act to amend section [s] two (2), twenty- three (23) and twenty-four
(24) of an Act entitled, "An Act to revise the law in relation to
paupers," approved March 23, 1874, in force July 1, 1874 ; as amended
by an Act approved May 24, 1877, in force July 1, 1877 ; as amended by
an Act approved June 1, 1889, in force July 1, 1889 ; as amended by an
Act approved May 13,- 1905, in force July 1, 1905 ; as amended by an
Act approved May 24, 1907, in force July 1, 1907 299
Pawnbrokers :
An Act for the regulation of pawnbrokers, and repealing a certain Act
therein named 300
Penitentiaries :
An Act to amend section 11 of an Act entitled, "An Act to regulate the
employment of convicts and prisoners in the penal and reformatory insti-
tutions of the State of Illinois and providing for the disposition of the
products of their skill and industry," approved May 11, 1903, in force
July 1, 1903, and as amended by Act approved May 18, 1905, in force
July 1, 1905 303
Practice :
An Act to amend sections 121 and 122 of an Act entitled, "An Act in re-
lation to practice and procedure in courts of record," approved June 3,
1907, in force July 1, 1907, and to repeal section 119 thereof 304
Railroads :
An Act to regulate the size and manner of construction of all caboose cars
. used by any person,- receiver or corporation operating a line of rail-
road situated wholly or in part within the State and providing a penalty
in the event of failure 306
An Act requiring common carriers of freight to provide and maintain
sidetracks and connections for shippers and receivers of freight 307
Revenue :
An Act to amend sections 17 and 18 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 308
An Act amending section 2 of an Act entitled, "An Act for the assessment
of property and for the levy and collection of taxes," approved March
30, 1872, in force July 1, 1872, as amended by Act approved May 18,
1905, in force July 1, 1905 309
An Act to provide for the necessary revenue for State purposes 310
An Act to tax gifts, legacies, inheritances, transfers, appointments and
interests in certain cases and to provide for the collection of the same,
and repealing certain Acts therein named 312
An Act to amend section 2 of an Act entitled, "An Act concerning the levy
and extension of taxes," approved May 9, 1901, in force July 1, 1901,
as amended by an Act approved March 29, 1905, in force July 1, 1905.. 323
An Act to amend section 121 of an Act entitled, "An Act for the assess-
ment of property and for the levy and collection of taxes," approved
March 30, 1872, in force July 1, 1872 325
*
XIV CONTENTS.
Roads and Bridges : Page.
An Act to enable cities and villages to donate to counties, bridge, bridges,
highway and toll roads owned or constructed by cities or villages outside
the cities or villages and to be forever kept open for public travel and
maintained by counties 325
An Act to amend section 21 of an Act entitled, 'An Act in regard to roads
and bridges in counties under township organization and to repeal an Act
and parts of Acts therein named," approved June 23, 1883, in force July
1, 1883, as amended by Act approved April 12, 1899, in force July
1, 1899 326
An Act to amend sections 1 and 4a of 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 ; as amended
by Act approved May 16, 1905, in force July 1, 1905 ; as amended by
Act approved June 3, 1907, in force July 1, 1907. 327
An Act to amend [sections] 62 and 64 of an Act entitled, "An Act to pro-
vide 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 Acts
therein named," approved May 4, 1887, in force July 1, 1887, and as
amended 330
An Act to amend section 36 of an Act entitled, "An Act in regard to roads
and bridges in counties not under township organization, and to provide
for the adoption of the same," approved May 10, 1901 331
An Act to amend section 16 of an Act entitled, "An Act in regard to
roads and bridges in counties under township organization, and to re-
peal an Act and parts of Acts therein named," approved June 23, 1883,
in force July 1, 1883, as amended by an Act entitled, "An Act to amend
section sixteen of an Act enttled, 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 3, 1889, in force July 1, 1889.... 332
An Act to amend sections 13, 14, 19, 83 and 119 of an Act entitled, "An
Act in regard to roads and bridges in counties under township organiza-
tion, and to repeal an Act and parts of Acts therein named," approved
June 23, 1883, in force July 1, 1883, and as amended 333
An Act to amend sections 2, 3. 4. 7 and 14 of an Act entitled, "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," filed
May 28, 1907, in force July 1, 1907 336
An Act to amend sections 4, 10 and 19 of an Act entitled, "An Act defining
motor vehicles, and providing for the registration of the same, and uni-
form rules regulating the use and speed thereof, and repealing an Act
entitled, An Act to regulate the speed of automobiles and other horse-
less 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." filed Mav
28, 1907, in force July 1, 1907 339
Schools :
An Act to establish and maintain a system of free schools 343
An Act to provide for moral and humane education in the public schools
and to prohibit certain practices inimical thereto 415
An Act in relation to the adoption, use and price of public school text
books in the free schools of this State 416
State Entomologist :
An Act to amend sections 2, 3 and 5 of an Act entitled, "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 cer-
. tain Act therein named," filed June 4 1907, in force July 1, 1907 420
State Food Commissioner :
An Act amending section 39 of an Act entitled, "An Act to prevent fraud
in the sale of dairy products, their imitation or substitutes, to prohibit
and prevent the manufacture and sale' of unhealthful, adulterated or
misbranded food, liquors or dairy products, to provide for the appoint-
ment of a State Food Commissioner and his assistants, to define their
powers and duties, and to repeal all Acts relating to the production,
manufacture and sale of dairy and food products and liquors in con-
flict herewith," approved May 14, 1907, in force July 1, 1907. 423
CONTENTS. XV
State Lands: Page.
An Act to provide for the sale of the Kaskaskia commons, upon the island
of Kaskaskia, in the county of Randolph, and to create a permanent
school fund for the inhabitants of said island out of the proceeds of
said sale, and to punish any person failing to comply with the pro-
visions thereof 425
An Act for the sale to American Smelting and Refining Company of
the interest of the State of Illinois in certain lands 432
An Act providing for the sale to the Illinois Steel Company of the interest
of the State of Illinois in certain lands 434
An Act for the sale to the Iroquois Iron Company of the interest of tb,e
State of Illinois in certain lands 435
State Militia :
An Act to establish a military and naval code for the State of Illinois,
and to repeal all Acts in conflict herewith 437
Township Organization :
An Act to provide for the election of town clerks, township assessors and
township collectors in counties under township organization and to fix
their term of office • 470
An Act to amend section 1 of article XV of an Act entitled, "An Act to
revise the law in relation to township organization," approved and in
force March 4, 1874 470
Wills :
An Act to amend section 13 of "An Act in regard to wills," approved
March 20, 1872, in force July 1, 1872 472
An Act to amend section 10 of an Act entitled, "An Act in regard to
wills," approved March 20, 1872, in force July 1, 1872 472
An Act to amend an Act entitled, "An Act in relation to the probate of
wills," approved June 3, 1897, in force July 1, 1897 473
Joint Resolutions :
Adjournment — January 14 to January IS 475
January 21 to January 26 475
January 28 to February 2 - 475
February 5 to February 9 475
February 11 to February 16 476
February 18 to February 23 476
February 25 to March 2 476
March 4 to March 9 476
March 12 to March 16 476
March 19 to March 23 -.' 476
. March 26 to March 30 477
April 2 to April 7 477
April 9 to April 14 477
April 16 to April 21 477
April 23 to April 27 477
April 30 to May 4 477
May 7 to May 10 478
May 14 to May 17 478
Sine die 478
Battle of Lake Brie — Centennial Anniversary Commission 478
Chicago Dock and Canal Company 478
Children's Surgical Institute Commission 479
Crimes and Misdemeanors Commission 480
Death of Honorable Paul I. Zaabel 480
Earthquake Sufferers in Italy and Sicily 481
Election Contest for Governor — Joint Committee 481
Joint Session 482
Time Extended 482
Fire Insurance Commission 483
Furniture for House and Senate Chambers — Purchasing Commission 484
Removal 484
Inauguration of State Officers 485
Lincoln Centennial Exercises — Joint Committee 485
Lincoln Memorial Meeting, Chicago — Joint Committee 485
Memorial to Congress — Engineers' Report on Deep Waterway 486
Inheritance Tax 486
Lincoln Farm Association 487
National Bureau of Mines 487
Old Age Pensions, Etc 488
Occupational Disease Commission — Time Extended 488
Public Land Investigation Committee — Appointment 489
Data, Etc 489
XVI CONTENTS.
Joint Resolutions — Concluded. Page.
Railroad Investigation Commission 490
Rev. James Lemen, Sr. — Dedication of Monument 491
Salary of Justice Guy C. Scott 491
Tuberculin Test Committee 492
United States Senator — Election by General Assembly 495
Election by Popular "Vote 495'
University of Illinois — Carnegie Foundation 496
Schedule of Salaries 496
Certificate of Secretary of State 497
Index to Laws and Resolutions 499
LAWS OF ILLINOIS.
ADMmiSTKATIOX OF ESTATES.
AWARD TO WIDOW OR CHILDREN.
§ 1. Amends sections 74, 75 and 77,
Act of 1872.
§ 74. Widow's award — allow-
ance for support of
herself and children.
§ 75. Appraisal of widow's
award ■ — ■ review by
court — selection.
§77. Allowance to children
— review — selection.
(Senate Bill No. 24. Approved June 5, 1909.)
An Act to amend sections 74, 75 and 11 of an Act entitled, "An Act
in regard to the administration of estates/' approved April 1, 181%i
in force July 1, 1812, and as amended in regard to said section 15,
by an Act approved June 10, 1891, in force July 1, 1891.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That sections 74, 75 and 77 of an
Act entitled, "An Act in regard to the administration of estates/' ap-
proved April 1, 1872, in force July 1, 1872, and as amended in regard
to said section 75 by an Act approved June 10, 1897, in force July 1,
1897, be and the same are hereby amended to read as follows:
§ 74. The widow, residing in this State, of a deceased husband whose
estate is administered in this State, whether her husband died testate or
intestate, shall, in all cases, in exclusion of all debts, claims, charges,
legacies and bequests, except funeral expenses, be allowed as her sole
and exclusive property forever, except as herein otherwise provided, the
following to-wit:
First — The familyi pictures and the wearing apparel, jewels and orna-
ments of herself and her minor children.
Second — Such sum of money as the appraisers may deem reasonable
for the proper support of herself and his minor children for the period
of one year after the death of the testator or intestate, in a manner suited
to her condition in life, taking into account the condition of the estate
of the testator or intestate.
Such allowance shall in no case be less than five hundred dollars
($500), together with an additional sum not to exceed two hundred dol-
lars ($200), for each minor child of the testator or intestate under
eighteen (18) years of age at the time of his death. The amount so al-
lowed for the support of the minor or minors shall be, by the executor
ADMINISTRATION OF ESTATES.
or administrator, paid to the widow in quarterly payments due and pay-
able at the end of each quarter of the year for which the allowance is
made. In case such widow dies or abandons such minor child, before
the expiration of the year, the amount allowed on account of said minor
and remaining unpaid to the widow shall become the property of said
minor.
§ 75. The allowance made as aforesaid by the appraisers shall be
subject to review by the court and if unreasonable or unjust the court
may refer the same back to the same appraisers or may appoint other
appraisers to fix such widow's award; or, on petition of the widow, the
executor or administrator, heir, legatee or devisee, or creditor of the
estate, may hear evidence, and upon such hearing may increase or dim-
inish such award as justice may require. The costs of such hearing shall
be taxed by order of the court in such manner as to equity shall ap-
pertain.
The widow shall be entitled to receive the amount of her award in
money, or she may, at her election, accept payment thereof in whole or
in part in j>ersonal property of deceased at its appraised value, such
selection to be made by her within thirty (30) days after notification
in writing of the allowance of her award.
In case such widow is insane, or otherwise incompetent, her conser-
vator shall make the selection, and in case she should die, the adminis-
trator of her estate shall make selection for the benefit of her estate.
§ 77. When the person dving is, at the time of his or her death, a
housekeeper, the head of a family, and leaves no widow or surviving
husband, there shall be allowed to the children of the deceased, residing
with him or her at the time of his or her death (including all males
under eighteen years of age, and all females), the same amount of
property, and money, subject to the review of the court as provided in
section 75, as is allowed to the widow for herself and children by this
Act, with the same right of selection of chattel property at its appraised
value, which selection may be made b" the guardian for the minors,
and by the conservator for any adult female under disability. Such
award may be apportioned as the court may direct.
Approved June 5, 1909.
ADMINISTRATION OF ESTATES.
HEIRSHIP OP DECEASED PERSONS.
§ 3. Prima facie evidence of heirship
— proviso.
§ 1. Validates certain ascertainments
and declarations.
§ 2. Authority — jurisdiction — method
— evidence.
(Senate Bill No. 173. Approved June 10, 1909.)
An Act to render valid the ascertainment heretofore made by any of the
probate courts of this State and declaring the heirship of deceased per-
sons, and authorizing such courts hereafter to ascertain and declare
such heirship and for other purposes relating thereto.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That where heretofore any courts
of this State having and exercising probate jurisdiction, who may have
during the progress or pending of the administration of an estate, or
when administration was found either not required or necessary, or was
not granted, ascertained, and by their judgment order entered of record
therein, declared the heirship of any deceased person, then such ascer-
tainment and declaring the heirship is hereby validated.
§ 2. That all courts of this State,, having and exercising probate
jurisdiction, are hereby declared authorized and jurisdiction is hereby
given to them, at any time durino- the progress or pendency of the ad-
ministration of the estate of any deceased person, or prior to the probate
of any will, without further notice ; or if there is no grant of administra-
tion, then upon such notice given to all whom it may concern, in such
manner as the court may direct, to ascertain, and by their finding and
order to be entered of record in the court, declare the heirship of any
such deceased person. The evidence upon which such finding is made
shall be reduced to writing, either in narrative form or by questions and
answers, and certified by the court, and shall be filed by the clerk of
said court and remain as a part of the files in said cause.
§ 3. That such orders of the court, declaring such heirship, whether
heretofore or hereafter made, shall be deemed and taken as prima facie
evidence of such heirship : Provided, that any other legal mode of prov-
ing such heirship may be resorted to in anv place or court where the
question may arise by any party interested therein.
Approved June 10, 1909.
ADMINISTRATION OF ESTATES.
LETTERS OF ADMINISTRATION — REVOCATION.
1. Amend section 19, Act of 1872. § 19. As amended, provides
for revocation of let-
ters to public admin-
istrator or creditor.
(Senate Bill No. 266. Approved June 10, 1909.)
An Act to amend section 19 of an Act entitled, "An Act in regard to the
administration of estates/' approved April 1, 1812, in force July 1,
1872.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the -General Assembly: That section 19 of an Act entitled,
"An Act in regard to the administration of estates/' approved April 1,
1872, in force July 1, 1872, be amended so as to read as follows:
§ 19. Letters of administration upon the goods and chattels, rights
and credits of a person dying intestate shall not be granted to any person
not entitled to the same as husband, widow, next of kin, creditor or
public administrator, within seventy-five days after the death of the
intestate, without satisfactory evidence that the persons having the
preference have relinquished their prior right thereto ; and if within said
seventy-five days letters of administration of the estate of a resident in-
testate have been granted to the public administrator or a creditor and
it shall afterwards appear that there is a widow or husband or child
of such intestate, who was at the time of the death of such intestate a
resident of this State, the letters granted to such public administrator or
creditor may be revoked, provided application is made by such widow
or husband or child within six months after the death of such intestate ;
and upon such revocation such administrator shall forthwith deliver to
his successor such estate subject to disbursements theretofore made and
expenses incurred in the administration of said estate.
Approved June 10, 1909.
OATH OF ADMINISTRATOR.
§ 1. Amends section 22, Act of 1872. § 22. Form of oath — how
administered.
(House Bill No. 142. Approved June 10, 1909.)
An Act to amend section -22 of an Act entitled, "An Act in regard to
the administration of estates/' approved April 1, 1872, and in force
July 1, 1872.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 22 of an Act entitled,
"An Act in regard to the administration of estates/' approved April
1, 1872, and in force July 1, 1872, be amended to read as follows:
§ 22. The county court shall, in all cases, upon granting adminis-
tration of the goods and chattels, rights and credits of any person hav-
ing died intestate, require the administrator (public administrators
excepted) to take and subscribe the following oath, to-wit: I do sol-
emnly swear (or affirm) that I will well and truly administer all and
AGRICULTUEE AND HORTICULTURE.
singular the goods and chattels, rights, credits and effects of A. B., de-
ceased, and pay all just claims and charges against his estate, so far as
his goods, chattels and effects shall extend, and the law charge me; and
that I will do "and perform all other acts required of me by law to
the best of my knowledge and abilities.
Which said oath shall be administered by the clerk of the county
court, or any person qualified to administer oaths, and be filed with
the clerk of the court.
Approved June 10, 1909.
AGRICULTUEE AND HORTICULTURE.
FARMERS' INSTITUTES — REPORTS.
§ 1. Amends section 4, Act of 1903. §4. As amended, increases
number of reports to
be printed and bound.
(Senate Bill No. 196. Approved June 10, 1909.)
An Act to amend section four (J/.) of "An Act creating the Illinois
Farmers' Institute/' approved June 21+, 1895, as amended by an Act
approved May 15, 1903.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section four (4) of "An Act
creating the Illinois Farmers' Institute,''' approved June 24, 1895, as
amended by an Act approved May 15, 1903, be and is hereby amended
to read as follows :
§ 4. The board of directors of the Illinois Farmers' Institute shall
have sole care and disposal of all sums that may be appropriated by the
State to sustain the organization, and shall expend the same in such
manner as in their judgment will best promote the interests in useful
education among farmers and develop the agricultural resources of the
State. The Illinois Farmers' Institute shall make annual report to the
Governor of its transactions, which report shall include papers pertain-
ing to its work and addresses made at the annual meeting of the organ-
ization, and a statement of all moneys received and of all expenditures
made, and fifty thousand (50,000) copies of such report shall be printed
and bound in cloth on or before September 1, of each fiscal year, three
fourths for use of the Illinois Farmers' Institute, and the remainder
to the Secretary of State for distribution. It shall make no appropria-
tion without funds in hand to meet the same, and the State of Illinois
shall in no event be liable or responsible for debt, obligation, or con-
tract made by the Illinois Farmers' Institute or its board of directors.
Approved June 10, 1909.
AGRICULTURE AND HORTICULTURE.
STATE BOARD OP AGRICULTURE — MEMBERSHIP, ETC.
§ 1. Amends section 1, Act of 1883. § 1. As amended, requires
member to be legal
resident of district he
represents.
(House Bill No. 458. Approved June 9, 1909.)
An Act to amend an Act entitled, "An, Act to revise the law in relation
to the Department of Agriculture, agricultural societies and agricul-
tural fairs, and to provide for reports of the same," approved June
23, 1SSS, in force Jidy 1, 1S8S; and. as amended April 26, 1907, in
force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 1 of "An Act to revise
the law in relation to the Department of Agriculture., agricultural socie-
ties and agricultural fairs, and to provide for reports of the same," be
amended to read as follows :
§ 1. That the Department of Agriculture, for the promotion of agri-
culture and horticulture, manufactures and domestic arts, shall be
continued and shall be managed by a board to be styled "State Board of
Agriculture," to consist of a president and one vice president from each
congressional district of the State, and of the last ex-president of the
State Board of Agriculture, said president and vice president to- be
elected on the fair grounds on Wednesday of the annual State Fair in
1884, and every two years thereafter on Wednesday of the week of the
State Fair, by delegates or alternates or their written proxies, chosen
by the several agricultural societies in counties where such societies
exist, in the following manner, to- wit: In counties having one agri-
cultural society, such society may appoint three delegates; in counties
having two agricultural societies, each society may appoint one delegate,
who shall be entitled to one and one-half votes; in counties having
three agricultural societies, each society may appoint one delegate, and
if either society shall neglect or refuse to appoint such delegate, the.
delegate or delegates appointed shall be entitled to cast the full vote of
the county; and in counties where no agricultural [society] exists, the
delegates may be appointed by the board of supervisors or county board,
as the case may be; each county may be entitled to three votes, and no
more, and each union or district agricultural society shall be accredited
to that county in which its fair grounds, or the greater part thereof,
shall be located. The members of the State Board of Agriculture shall
enter upon the duties of their office on the second Tuesday of January
succeeding their election, and hold their office for two years, and until
their successors are elected and enter upon their duties. The State
Board of Agriculture may fill any vacancy, arising from any cause, by
appointment from the district in which the vacancy occurs. No person
shall be eligible to hold the position of member of the State Board
of Agriculture who does not live, or is not a legal resident, in the dis-
trict which he represents, and the members of the State Board of
Agriculture shall fill any vacancy at its first meeting arising in the
district in which the vacancy occurs.
Approved June 9, 1909.
ANIMALS AXD BIRDS.
ANIMALS AND BIBDS.
BOUNTY FOR KILLING CROWS, ETC.
§ 1. Amends section 1, Act of 1907. i § 1. County board may allow
bounty — order.
(House Bill No. 686. Approved June 9, 1909.)
An Act to amend section 1 of "An Act to provide for the payment of
bounties for killing crows," in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 1 of "An Act to provide
for the payment of bounties for killing crows," in force July 1, 1907, be,
and the same is hereby amended so as to read as follows :
§ 1. That the co'unty board of any county in this State may here-
after allow such bounty on crows and eggs taken from the nest of any
crow as said board may deem reasonable : Provided, such board shall
enter an order upon its record, setting forth the amount of such allow-
ance for any one year, which bounty shall be paid in the manner here-
inafter provided.
Approved June 9, 1909.
BOUNTY FOR KILLING GROUND HOGS.
§ 1. Amends section 1, Act of 1907. § 1. County board may allow
bounty — order.
(House Bill No. 687. Approved June 9, 1909.)
An Act to amend section 1 of "An Act to provide for the payment of
bounties for killing ground hogs," approved June J+, 1907, in force
July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
sen-ted in the General Assembly: That section 1 of "An Act to provide
for the payment of bounties for killing ground hogs," approved June
4, 1907, in force July 1, 1907, be and the same is hereby amended so
as to read as follows :
§ 1. That the county board of any county in this State may here-
after allow such bounty on ground hogs as said board may deem rea-
sonable : Provided, such board shall enter an order setting forth the
amount of such allowance for any one year, which bounty shall be paid
in the manner hereinafter provided.
Approved June 9, 1909.
ANIMALS AXD BIRDS.
CARRIER PIGEONS.
§ 1. What prohibited — penalty for violation.
(Senate Bill No. 91. Approved June 5. 1909.)
An Act to prohibit the killing, interfering with or injuring carrier pig-
eons and to provide punishment for the violation thereof.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That any person not the owner there-
of, who shall shoot, kill, maim or injure any. Antwerp or homing pigeon,
commonly called "carrier pigeon/' knowing- the same to be such, or who
shall entrap, catch, detain, or shall remove any mark, band or other
means of identification from such pigeon, provided that such pigeon at
the time shall have the name of the owner stamped or marked upon it, or
have upon it a band with the owner's name, initial or number thereon,
shall be fined for each offense not more than $25.00 nor less than $10.00.
Approved June 5, 1909.
CONTAGIOUS AND INFECTIOUS DISEASES AMONG DOMESTIC ANIMALS.
§ 7. Fines — how used — prosecuting'
attorney.
§. S. Claims for slaughtered animals.
§ 9. Powers of commissioners and
State Veterinarian.
§ 10. Cooperation with other officers.
§11. Record of proceedings — report
— expenditures.
§ 12. Compensation.
§ 1. Board of Live Stock Commis-
sioners— State Veterinarian.
§ 2. Quarantine^duty of commis-
sioners— slaughter of ani-
mals.
§ 3. Schedule and quarantine procla-
mation— permit — violations.
§ 4. Importation of prohibited stock
or materials — regulations ■ — -
penalty.
| 5. Removal or shipment of diseased
animals by board.
§ 6. Concealing existence of disease
— -removal or sale of exposed
or diseased animals.
(Senate Bill No. 357. Approved June 14, 1909.)
An Act to revise the law in relation to the suppression and prevention
of the spread of contagious and infectious diseases among domestic
animals.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the Governor shall, with the ad-
vice and consent of the Senate, appoint three practical live stock men, not
more than two of whom shall be of the same political party, who shall con-
stitute a Board of Live Stock Commissioners, who shall hold their office
in the order in which they are named ; the first for one year, the second
for two years and the third for three years, and their successors in of-
fice shall be appointed for three years each. Before entering on the
duties of their office they shall each take and subscribe to an oath of
office for the faithful performance of their duties as such commission-
ers, and shall file the same with the Governor. The said Board of
Live Stock Commissioners may adopt an official seal, and may authen-
ticate all their official acts with the same and the signature of such
member or officer of the board as it may bv resolution direct.
ANIMALS AND BIRDS.
The Governor shall appoint a competent veterinary surgeon, who shall
he known as the State Veterinarian, who, together with his assistants
shall act under the direction of said Board of Live Stock Commissioners
in carrying out the provisions of this Act. The said State Veterinarian
may,, by and with the advice and consent of said board, appoint such
assistant State veterinarians as may be necessary, who shall receive pay
•only for the time actually employed under the direction and by the or-
der of the State Veterinarian or the Board of Live Stock Commissioners.
§ 2. It shall be the duty of said Board of Live Stock Commission-
ers to cause to be investigated any and all cases, or alleged cases, com-
ing to their knowledge, of communicable diseases among domestic ani-
mals, within this State, and io use all proper means to prevent the
.spread of such diseases, and to provide for the extirpation thereof; and
in the event of reasonable ground for the belief that any such commun-
icable disease exists in this State, it shall be the duty of the person own-
ing or having in charge any animal or animals infected with such dis-
ease, or any other person having knowledge or reason to suspect the
existence of such disease, to immediately notify said Board of Live
Stock Commissioners, or some member thereof, by communication to
said board or member, of the existence of such disease, and thereupon
it shall be the duty of said board, or some member thereof, or authorized
agent of the board, immediately to cause proper examination thereof to
be made, and if such disease shall be found to be a dangerously conta-
gious or dangerously infectious malady, said board, or any member
thereof, or the State Veterinarian, or any assistant State veterinarian,
shall order such diseased animals, and such as have been exposed to
-contagion, and the premises in or on which the}r are, or which may have
been recently occupied by them, to be strictly quarantined; and they
shall have power to order any premises and farms where the disease
exists, or has recently existed, as well as exposed premises and farms,
to be put in quarantine so that no domestic animal which has been
•or is so diseased, or has been exposed to such communicable disease, be
removed from the premises so quarantined, nor allow any animal sus-
ceptible to such disease to be brought -therein or thereon, except under
such rules and regulations as said Board of Live Stock Commission-
ers may prescribe, which quarantine, and every quarantine established
under the provisions of this Act, shall remain in force and effect until
removed by order of said board ; and said board shall pre-
scribe such regulations- as they may deem necessary to prevent any
such disease from being communicated from any such diseased animal
or exposed animal or from the infected premises or through any other
means of communication. In all such cases the said Board of Live
Stock Commissioners, or in case the number of animals shall not ex-
ceed five, any member thereof, shall have power to order the slaughter
of any or all of such diseased or exposed animals. The said board shall
also have power to cause to be destroyed all barns, stables, premises, fix-
"tures, furniture and personal property infected with any such commun-
10 ANIMALS AND BIRDS.
icable disease, so far as in their judgment may be necessary to prevent
the spread of such disease and where the same cannot be properly
disinfected; and to order the disinfection of all cars, boats or other
vehicles used in transporting animals affected with any such commun-
icable disease, or that have been exposed to the contagion thereof, and
the disinfection of all yards, pens and chutes that may have been used
in handling such diseased or exposed animals.
When the said board, upon the written report of the State Veterin-
arian, or any of his assistants, determines that any animal is affected
with, or has been exposed to any dangerously contagious or infectious
disease, the board, or any member thereof, or any of its duly authorized
agents, may agree with the owner upon the value of such animal or of
any property that it may be found necessary to destroy, and in case such
agreement cannot be made, said board, or the member acting in behalf
of the board, may appoint three disinterested citizens of the State to ap-
praise such animals or property. Such appraisers shall subscribe to an
oath in writing to fairly value such animals or property in accordance
with the requirements of this Act, which oath, together with the valua-
tion fixed by srtch appraisers, shall be filed with the board and be pre-
served by them. Upon such appraisement being made, it shall become
the duty of the owner to immediately destroy such animals and to dis-
pose of the carcasses thereof, and to disinfect the premises occupied by
such animals, in accordance with the rules prescribed by said board
governing such destruction and disinfection. And upon his failure
so to do, said board, or any member thereof, shall cause such animal
or animals or property to be destroyed and disposed of, and thereupon
such owner shall forfeit all right to receive any compensation for the
destruction of such animal or animals or property.
When the board, upon the written opinion of the State Veterinarian,
or of any assistant State veterinarian, determines that any barns, stables,
outbuildings or premises are so infected that the same cannot be disin-
fected, they may quarantine such barns, stables, outbuildings or prem-
ises from use for the animals that might be infected by such use, and
such quarantine shall continue in force and effect until removed by the
board, and a violation of such quarantine shall be punished in the same
manner as is provided for violations of other quarantine by this Act.
Any person feeling himself aggrieved by any quarantine established
under the provisions of this Act may appeal to the full Board of Live
Stock Commissioners, who shall thereupon sustain, modify or annul
such quarantine, as they may deem proper.
Whenever quarantine is established in accordance with the provisions
of this Act, valid notice of the same may be given by leaving with the
owner or occupant of any premises so quarantined, in person, or by de-
livering to any member of his family, or any employe, over the age of
ten years found upon the premises so quarantined, notice thereof, writ-
ten or printed, or partly written and partly printed, and at the same
ANIMALS AND BIRES. 11
time explaining the contents thereof. Such quarantine shall be suffi-
ciently proven in any court by the production of a true copy of such
notice of quarantine with a return thereon of the service of the same
in the manner above required, attested by the seal of the Board of Live
Stock Commissioners, with the signature of the proper officer thereof..
§ 3. Whenever said Board of Live Stock Commissioners shall become
satisfied that any communicable disease exists among domestic animals
in any municipality or geographical district in this State, and in their
judgment it is necessary to quarantine such municipality or geograph-
ical district in order to prevent the spread of such disease into con-
tiguous territory, they shall report the same to the Governor, who may
thereupon, by proclamation, schedule and quarantine such municipality
or geographical district, prohibiting all domestic animals of the kind
diseased within such municipality or geographical district from being
moved from one premises to another or over any public highway or any
unfenced lot or piece of ground, or from being brought into, or taken
from, such infected municipality or geographical district, except upon
obtaining a special permit, signed by the Board of Live Stock Commis-
sioners, or member thereof, or the agent or officer of the board duly au-
thorized by it to issue such permits; and such proclamation shall from
the time of its publication bind all persons. After the publication of the
aforesaid proclamation, it shall be the duty of every person who owns,
or who is in charge of animals of the kind diseased within such munici-
pality or geographical district, to report to said board within one week
thereafter the number and description of such animals, location, and the
name and address of the owner or person in charge, and during the con-
tinuance of such quarantine to report to said board all cases of sickness,
deaths or births among such animals. It shall also be the duty of all
persons within such municipality or geographical district so quarantined,
receiving, having or purchasing domestic animals of the kind diseased,
for slaughter, to delay the killing of such animals until a veterinary
surgeon, with authority from said board, is present to make a post-
mortem examination of the carcass. Anv violation of the aforesaid
quarantine regulations and prescribed duties shall be visited with like
penalties, which may be recovered in like manner, as urovided in section
6 of this Act: 'Provided, that nothi1""" contained in this section shall be
so construed as to prevent the movement of aniT animal or animals of the
kind diseased through such quarantined territory under .such regulations
as the Board of Live Stock Commissioners may prescribe and the Gov-
ernor approve : And, provided, further, that no animals of the kind
diseased within such municipality or geographical district, slaughtered
by order of said board, shall be taken from such municipality or geo-
graphical district for slaughter.
§ 4. Whenever said Board of Live Stock Commissioners shall report
to the Governor that any communicable disease exists in any other state,
territory, district, province or country, or in air- portion thereof, or in
any locality therein, or that the condition of any domestic animals com-
ing therefrom into this State is such as" would render them liable to con-
12 ANIMALS AND BIRDS.
vey any such disease, he may, by proclamation, schedule such state, ter-
ritory, district, province or country, or any portion thereof, or any
locality therein, and prohibit the importation or bringing therefrom
into this State of any live stock of the kind diseased, or of any live stock
that has been exposed to such disease, or whose condition would render
them liable to convey such disease to other animals, or of any carcasses
or portions of carcasses, or of any hay, straw, fodder or other material
capable of conveying infection, except under such regulations as may
be prescribed by said board and approved by the Governor. Any person,
firm, joint stock company or corporation that shall knowingly transport,
receive or convey such prohibited stock from the scheduled district into
the State of Illinois in violation of any such regulation, or which shall
so transport any carcasses, or portions of carcasses, or any hay, straw,
fodder or other material capable of conveying infection, which may be
prohibited by any rule or regulation of the Board of Live Stock Com-
missioners, shall be deemed guilt1' of a misdemeanor, and upon convic-
tion thereof shall be fined not less than $1,000 nor more than $10,000
for each and every offense, and shall be liable for any and all damages or
loss that may be sustained by any person or persons or corporation by
reason of such importation or transportation of such prohibited stock,
or prohibited materials above mentioned. Such penalty shall be re-
covered in any county in this State into or through which such stock
or material is brought, in any court of competent jurisdiction.
§ 5. Nothing contained in this Act, or any section thereof, shall be
interpreted so as to prevent the movement or shipment of diseased or
exposed animals under the orders of the board created by this Act, from
one place to another by said board or its agents, by driving along the
public highway or shipment on cars or steamboats, when, in the opinion
of said board, such removal is necessary for the surmression of "any com-
municable disease.
§ 6. Any person who, knowing that anv communicable disease exists
among his domestic animals, shall conceal such fact, or knowing of the
existence of such disease, shall sell any animal or animals so diseased,
or any exposed animal, or knowing the same, shall remove any such dis-
eased or exposed animal from his premises to the premises of another,
or knowing of the existence of such disease, or exposure thereto, shall
drive or lead, or ship any animal so diseased or exposed, by any car or
steamboat, to any place in or out of this State ; and any person or per-
sons who shall bring any such diseased or knowingly, shall bring any
such exposed animal or animals into this State from another state ; and
any person or persons who shall knowingly buy, receive, sell, convey, or
engage in the traffic of such diseased or exposed stock, and any person
who shall violate any quarantine regulation established under the pro-
visions of this Act, shall, for each, either, anv or all Acts above men-
tioned in this section, be guiltv of a misdemeanor, and, on conviction
thereof, or of any one of said Acts, shall be fined in any sum not less
than $25 nor more than $200, and be imprisoned in the county jail
ANIMALS AND BIRES. 13
until the fine and costs are paid, and shall forfeit all right to any com-
pensation for any animal or property destroyed under the provisions of
this Act.
Any veterinary practitioner having information of the existence of
any communicable disease among domestic animals in this State, who
shall fail to promptly report such knowledge to said Board of Live
Stock Commissioners, shall be fined not exceeding $500, or be impris-
oned in the county jail not more than one year for each offense.
§ 7. All fines recovered under the provisions- of this Act shall be
paid into the county treasury of the county in which the suit is tried,
by the person collecting the same, in the manner now provided by law,
to be used for county purposes; and it shall be the duty of State's at-
torneys in their respective counties to prosecute for all violations of this
Act,
§ 8. All claims against the State arising: from the slaughter of ani-
mals as herein provided for, shall be made to said Board of Live Stock
Commissioners, under such rules and regulations as they may prescribe,
and it shall be the duty of said board to determine the amount which
shall be paid in each case on account of animals so slaughtered, which,
unless otherwise provided by law, in cases of animals of the bovine
species shall be based on the fair cash value thereof, if in health, for
beef, or for dairy purposes, which valuation shall not exceed $75.00 per
head; and in cases of animals of the equine species, shall be based on
their fair cash market value, if in health, which valuation shall not ex-
ceed $100 per head, and report the same to the Governor; and the Gov-
' ernor shall endorse thereon his order to the Auditor of Public Accounts,
who shall thereupon issue his warrant on the State Treasurer for the
same.
§ 9. Said Board of Live Stock Commissioners, and each member
thereof, and the State Veterinarian, and his assistants, in the perform-
ance of their duties under this Act, shall have power to call on sheriffs
and their deputies, constables and police officers, mayors of cities, city
and town marshals and policemen, to assist them in carrying out its pro-
visions; and it is hereby made the duty of all such officers to assist in
carrying out the provisions of this Act when ordered so to do; and
said commissioners, and the State Veterinarian and his assistants shall
have, while engaged in carrying out the provisions of this Act, the same
powers and protection that other neace officers have, and' any such officer
who fails or refuses to enforce the lawful orders and quarantine of said
board, or any member thereof, or any veterinarian acting under them,
in the proper execution of the powers conferred by this Act, shall be
guilty of a misdemeanor and be punished as provided in section six
of this Act.
$10. The said Board of Live Stock Commissioners shall cooperate
with any commissioner or other officer appointed by the United States
authorities for the suppression of contagious and infectious diseases
among domestic animals, so far as the provisions of this Act and the
14 ANIMALS AND BIRDS.
appropriations made in accordance therewith, will allow, in suppressing
and preventing the spread of contagious and infectious diseases among
domestic animals in this State.
§ 11. It shall be the duty of said Board of Live Stock Commissioners
to keep a record of all their Acts and proceedings, and report the same
to the Governor annually, or oftener, if required, for publication. The
annual report shall include an itemized statement of all moneys ex-
pended by them under this Act, including a statement of all damages
recommended by them to be paid for animals slaughtered, and the
amounts paid therefor.
§ 12. The members of said board shall receive the sum of $10.00
per day for each day necessarily employed in the discharge of their
duties, their necessary traveling expenses and other incidental expenses
necessarily incurred in the performance of their duties under this Act, to
be paid on certified and itemized vouchers to be approved by the Gov-
ernor.
The State Veterinarian shall receive the sum of $10.00 per day for his
services under the provisions of this Act, tos-ether with his necessary
traveling and incidental expenses, to be certified to by the Board of
Live Stock Commissioners and approved by the Governor.
Assistant State veterinarians shall receive for their services the sum
of $8.00 per day for each day actually en^Wed under the direction
and by order of the State Veterinarian or the Board of Live Stock Com-
missioners, together with their necessary traveling and incidental ex-
penses, to be certified to by the Board of Live Stock Commissioners and
approved by the Governor.
Approved June 14, 1909.
STALLIONS — PUBLIC SERVICE REGULATED.
S 6. Advertisement.
§ 7. Forms of certificates.
§ S. Fees.
§ 9. Inspection — lien.
§ 10. Penalties.
§ 11. Funds — expenses — reports.
§ 12. Effective January 1, 1910.
§ 1. Enrollment and verification of
pedigree.
§ 2. Registration board — -appointment
— duties — meetings.
§ 3. Affidavit of veterinarian— license
certificate.
§ 4. Disqualification — affidavit of
soundness.
§ 5. Record — temporary license cer-
tificate.
(Senate Bill No. 280. Approved June 10,. 1909.)
An Act to regulate the public service of stallions in Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: Every person, firm or company
standing or offering any stallion for public service in this State shall
cause the name, description, and pedigree of such stallion to be enrolled
by a stallion registration board hereinafter provided for and secure a
license from said board as provided in section 3 of this Act. All en-
rollment and verification of pedigree shall be done in the office of the
secretary of the Illinois State Board of Agriculture. All license cer-
ANIMALS AND BIRDS. 10
tificates for stallions issued under this Act shall thereupon be presented
to and recorded by the register of the deeds of the county or counties
in which said stallion is used for public service.
§ 2. In order to carry out the provisions of this Act,- there shall be
constituted a stallion registration board, whose duty it shall be to verify
and register pedigrees; to pass upon certificates of veterinary examin-
ation; to provide, when necessary, for veterinary insnection; to issue
stallion license certificates ; "to make all necessary rules and ree-ulations ;
and to perform such other duties as may be necessary to carry out and
enforce the provisions of this Act. Said board shall hold meetings at
the office of the secretary of the Illinois State Board of Agriculture, the
first Tuesday and subsequent days of February, May, August and No-
vember of each year and such other meetings as may be necessary.
The stallion registration board shall be composed of five members con-
sisting of the secretary of the Illinois State Board of Agriculture, who
shall be ex officio, secretary and executive officer of this board ; the State
Veterinarian, who is a member of the State Board of Live Stock Com-
missioners; the president and the secretary of the Illinois Horse Breed-
ers' Association, who shall not be one and the same person ; and the pres-
ident of the Illinois Farmers' Institute.
§ 3. In order to obtain the license certificate herein provided for,
the owner of each stallion shall forward an affidavit signed bv a licensed
veterinarian to the effect that he has personally examined such stallion
and that to the best of his knowledge and belief said stallion is free from
hereditary, infectious, contagious, or transmissible disease or unsound-
ness. The owner of said stallion shall also furnish to the stallion regis-
tration board the stud book certificate of registry of the pedigree of the
said stallion when said stallion is registered and all other necessary
papers relative to his breeding-, and ownership. Upon verification of ped-
igree and certificate of breeding (in case of pure bred stallions') and re-
ceipt of veterinarian's affidavit as provided for in this Act, a license
certificate shall be issued to the owner.
§ 4. The presence of anv one of the following named diseases shall
disqualify a stallion for public service and the injecting veterinarian
is hereby duly authorized to refuse to give an affidavit of soundness to
the owner of such stallions affected with anv one or more of the diseases
herein specified in a transmissible or hereditary form, and the inspecting
veterinarian shall so report the same to the secretary of the stallion
registration board :
Periodic opthalmia ''moon blindness^- bone spavin; rino-bone; bog
spavin; curb when accompanied with curby formation of hock; or any
contagious or infectious disease.
§ 5. The stallion registration board shall make and keep records of
all stallions enrolled in the State of Illinois, said stallions to be enrolled
as "pure bred," "cross bred," or "grade," according as the facts may have
been determined. Upon making the enrollment of said stallion the
stallion registration board shall issue the above said license.
16 ANIMALS AND BIRDS.
The stallion registration board is authorized in cases of emergency
to grant temporary license certificates without veterinary examinations,
upon receipt of an affidavit of the owner to the effect that to the best of
his knowledge and belief said horse is free from infectious, contagious
or transmissible disease or unsoundness. Temporary license certificate
shall be valid only until veterinary examination can reasonably be made.
§ 6. The owner of any stallion used for miblic service in this State
shall post and keep affixed, during the entire breeding season, copies of
the license certificate of such stallion, issued under the provisions of this
Act, in a conspicuous place both within and upon the outside of the main
door leading to every stable or buildinsr where the said stallion is used
for public service.
Each bill and poster and each newspaper advertisement shall show
the enrollment certificate number and state whether it reads "pure bred,
grade or cross bred."
§ 7. The license certificate issued for a stallion whose sire and dam
are of pure breeding and the pedigree of which is registered in a stud
book recognized by the United States Department of Agriculture, Wash-
ington, D. C, an Act regulating the importation of breeding animals,
approved March 3, 1903, shall be in the following form:
ILLINOIS STALLION REGISTRATION BOAED.
Certificate of Eure-Bred Stallion No
The pedigree of the stallion (name)
Owned by Bred by
Described as follows :
Color (Breed)
Eoaled in the year ., has been duly examined, and it is hereby
certified that the said stallion is registered as number. ... in
stud book, said stud book being recognized and certified to by the secre-
tary of the Department of Ap-riculture, Washington, D. C. The above-
named stallion has been examined by
veterinarian, and is reported as free from infectious, contagious, or
transmissible disease or unsoundness, and is licensed to stand for public
service in the State of Illinois.
This license expires on .19. . . .
(SignecD ,
Secretary Illinois State Board of Agricul-
ture and Stallion Eegistration Board.
Date 19
The license certificate issued for a grade stallion whose sire or dam is:
not pure-bred shall be in the following form :
ANIMALS AND BIEDS. 17
ILLINOIS STALLION BEGISTBATION BOAED.
Certificate of Grade Stallion No
The pedigree of the stallion (name) . ,
Owned by . i. . .1 (Bred by)
Described as follows :
(Color)
Foaled in the year , has been duly examined, and it is
hereby certified that the said stallion is not of pure breeding and is,
therefore, not eligible for registration in any stud book recognized and
certified to by the secretary of the Deuartment of Agriculture, Wash-
ington, D. C. The above named stallion has been examined by. . . ... .
. 1. ....».,. . . .veterinarian, and is reported as free from in-
fectious, contagious, or transmissible disease or unsoundness, and is
licensed to stand for public service in the State of Illinois.
This license expires on .- 19 ... .
(Signed)
Secretary Illinois State Board of Agricul-
ture and Stallion Eegistration Board.
Date 19
The license certificate issued for a stallion whose sire and dam are
pure-bred, but not of the same breed, shall be in the following form:
ILLINOIS STALLION EEGISTBATION BOAED.
Certificate of Cross-Bred Stallion No
The nedigree of the stallion ('name)
Owned by . . . (Bred by)
Described as follows:
(Color)
Foaled in the year ....,, has been duly examined, and it is
found that his sire is registered in the ,. . . .stud book as num-
ber. ., , and his dam in the. ., stud book as number
. . . volume 1 and page. ... ...
Such being the case, the said stallion is not eligible for registration
in any stud book recognized and certified to by the secretary of the De-
partment of Agriculture, Washington, D. C. The above named stallion
has been examined by ,. ... ........ ., veterinarian, and
is reported as free from infectious, contagious, or transmissible disease
or unsoundness, and is licensed to stand for public service in the State
of Illinois.
This license expires on. . . . ,. . .19. ... .
(Signed)
. Secretary Illinois State Board of Agricul-
ture and Stallion Eegistration Board.
Date 19
—2 L
IS ANIMALS AND BIRDS.
§ 8. Fees.] A fee of $2.00 shall be paid to the secretary of the
Illinois Stallion Eegistration Board for the examination and enrollment
of each stallion pedigree and for issuance of a license certificate in ac-
cordance with the breeding of the stallion as above provided, which shall
be good for a period of one vear, and to carrv out the provisions of this
Act. The fee shall be paid to the secretary of the Illinois Stallion Ees--
istration Board at the time the armlication is made for enrollment.
Upon a transfer of the ownership of any stallion enrolled under the
provisions of this Act, the certificate of enrollment may be transferred
to the transferee by the secretary of the Illinois Stallion Beslstration
Board upon submittal of satisfactory proof of such transfer of owner-
ship and upon payment of a fee of fifty cents. A fee of $1.00 shall be
paid annually for the renewal of a license certificate.
§ 9. Every stallion passing inspection shall be exempt from further
inspection, unless from later developments it becomes known, and a com-
plaint is filed, certified to by three men, one of whom shall be a licensed
veterinarian, that said stallion has some hereditary contagious or in-
fectious disease, which was not evident at the time of previous inspec-
tion. When such complaint is made and a reauest for insnection is
asked for, such complaint shall be filed with the secretary of the Illinois
Stallion Eegistration Board, who shall have another examination made.
If such complaint is verified it shall be so reported to the secretary, who
shall revoke the license in force: Provided, that the owner of any
stallion used for public service in this State shall have a lien on all colts
sired by said stallion for the service fee for a period of one year from
the date of the foaling of said colt.
§ 10. Violation of any of the provisions of this Act shall be punished
by a fine of not less than twenty-five dollars ($25.00) and not exceeding
one hundred dollars ($100.00) for each offense.
§ 11. The funds accruing from the above named fees shall be used
by the stallion registration board to defray the expenses of enrollment of
pedigrees and issuance of licenses ; to provide for the examination of
stallions when necessary ; to publish reports or bulletins containing lists
of stallions examined, which shall be not less than every two years; to
encourage the horse breeding interests of this State; to disseminate in-
formation pertaining to horse breeding, and for any other such purposes
as may be necessary to carry out the purposes and enforce the provisions
of this Act. Each member of the above committee, excenting the secre-
tary, shall receive five dollars ($5.00) per day for each day actually em-
ployed under the provision of this Act, together with his traveling ex-
penses; the secretary shall receive for his services an amount agreed
upon by the board.
It shall be the dutv of the above said stallion registration board to
make an annual report, includins; financial statement, to the Governor
of the State, and to enforce this law. All financial records of said board
shall be subject to inspection at any time by a public examiner.
§ 12. This Act shall take effect and be in force on and after Jan-
uary 1, 1910.
Approved June 10, 1909.
ANIMALS AND BIRDS APPROPRIATIONS. 19
STALLIONS AND JACKS — PEDIGREE AND BREEDING.
§ 1. Prohibits misrepresentations — penalty.
(House Bill No. 166. Approved June 5, 1909.)
An Act to prohibit misrepresentations relative to the pedigree and
breeding of stallions and jacks kept for public service and providing
a penalty for the same.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That any person, being the owner or
keeper of any stallion or jack kept for public service, who shall misrep-
resent the pedigree or breeding of any such stallion or jack, or who shall
represent that such animal, so kept for public service, is registered,
when in fact- it is not registered in a published volume of a society for
the registry of standard and pure breed [bred] ianimals, or who shall
post or publish, or cause to be posted or published, any false pedigree
or breeding of such animal, shall be fined not exceeding two hundred
dollars ($200.00), and for the second or any subsequent offense shall
be fined not exceeding two hundred dollars ($200.00) and imprison-
ment in the county jail for a period of six months.
Approved June 5, 1909.
APPROPRIATIONS.
AGRICULTURE — COLLEGE OP AGRICULTURE AND EXPERIMENT STATION.
§ 7. Appropriates $8,000 per annum.
§ 8. Appropriates $2,500 per annum.
§ 9. Committees — meetings — reports.
§10. How drawn.
§ 1. Appropriates $50,000 per annum.
§ 2. Appropriates $25,000 per annum.
§ 3. Appropriates $15,000 per annum.
§ 4. Appropriates $60,000 per annum.
§ 5. Appropriates $15,000 per annum.
§ 6. Appropriates $15,000 per annum.
(House Bill No. 136. Approved June 9, 1909.)
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 1. 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
20 APPROPRIATIONS.
management of live stock, including animal diseases and a thorough
knowledge of the various breeds and market classes; the economic and
sanitary production of dairy goods, and the best methods of meeting
existing market demands and of extending and developing trade in the
agricultural productions of the State. That it shall be the further duty
of said college to provide and maintain such live stock specimens, labor-
atories, apparatus and other material equipment, together with teachers
of such experience and skill as shall make such instruction effective.
That to carry out the provisions of this section there be, and hereby is,
appropriated the sum of fifty thousand dollars ($50,000.00) annually,
for the years 1909 and 1910: 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 following
State agricultural organizations, to-wit: The Illinois Farmers' Insti-
tute, the Illinois Live Stock Breeders' Association, the Illinois State
Horticultural Society, the Illinois Corn Growers' Association, the
Illinois State Dairymen's Association and the Illinois State Florists'
Association.
§ 2. That it shall be 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 mar-
ket; to investigate live stock conditions, both at home and abroad, inso-
far as they affect market values, and to publish the results of such ex-
periments and investigations. That to carry out the provisions of this
section there be and hereby is appropriated the sum of twenty-five thou-
sand dollars ($25,000.00) annually, for the years 1909 and 1910: 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 Agricul-
tural Experiment Station and an advisory committee of five, to be ap-
pointed 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, clover and
other farm crops 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 thou-
sand dollars ($15,000.00) annuallv for the years 1909 and 1910: Pro-
vided, 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 :
APPKOPRIATIONS. 21
Two by the Illinois Corn Growers' Association, one by the Illinois Seed
Corn Breeders' Association, and one by the Illinois Grain Dealers' As-
sociation and one by the Farmer's 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 determine their char-
acter ; to make and publish an accurate survey with colored maps, in order
to establish the location, extent and boundaries of each; to ascertain by
direct experiment in laboratory and field what crops and treatment are
best suited to each; whether the present methods are tending to best
results and whether to the preservation or reduction of fertility, and
what rotations and treatment 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 sixty thousand dollars ($60,000.00) annually for the years
1909 and 1910 : Provided, that the work outlined in this section shall
be carried out on lines to be agreed upon by the director of the Agri-
cultural 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,
the culture and marketing of fruits and vegetables, and the most effec-
tive remedies for insect and fungous enemies to fruits and vegetables;
to make a systematic study of plant breeding, and to develop, by means
of crossing and selection, new and improved varieties of fruits and
vegetables, and that, to carry out the provisions of this section there be,
and hereby is, appropriated the sum of fifteen thousand dollars ($15,-
000.00) annually for the years 1909 and 1910: 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 Illi-
nois 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 ($15,000.00) annually for the years 1909 and 1910: 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 Illi-
nois State Dairymen's Association.
§ 7. That it shall be the duty of the Agricultural Experiment Station
to discover and demonstrate the best methods of producing plants, cut
22 APPROPRIATIONS.
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 ground 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 eight thousand dollars
($8,000.00) annually for the years 1909 and 1910: 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 Illi-
nois State Florists' Association.
§ 8. That it shall be the duty of the College of Agriculture through
its department of Household Science, to make such investigations and
give such instructions and demonstrations as are calculated to advance
the Art of Practical House Keeping in the State with special reference
to supply practical instructions to those desiring to take special courses
in the science relating to and in the art of practical housekeeping, and
that to carry out the provisions of this Act there be, and hereby is, ap-
propriated two thousand five hundred [dollars] ($2,500.00) per annum,
for the years 1909 and 1910.
§ 9. That the committees representing the several associations here-
in named shall meet at such times and places as may be designated by
the dean of said college, or the director of the Agricultural Experi-
ment Station, or upon 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 re-
spective associations, at their annual meetings, full reports of the work
in progress under the provisions of this Act.
§ 10. 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 Avith
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 installment,
have been filed with the Auditor of Public Accounts: Provided, that
no part of the funds herein appropriated, except in section 1, shall be
used for salaries of teachers : And, provided, further, that any revenue
arising from the operations of the several sections of this Act shall re-
vert 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 University of Illinois the
usual authority conferred by law over the expenditure of moneys ap-
propriated to said university. The recommendations of the committee
APPROPRIATIONS.
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 9, 1909.
AGRICULTURE— COUNTY FAIRS AND SOCIETIES.
§ 1. Appropriates $50,000 per annum. | § 2. How drawn.
(Senate Bilj, No. 490. Approved June 11, 1909.)
An Act making appropriation for county fairs or other agricultural
societies of the State of Illinois.
Section 1. 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 ($50,000) per annum, or so much thereof as may be annually
necessary, be, and the same is hereby appropriated to county fairs or
other agricultural societies of the State of Illinois, said appropriation
to be divided between such county fairs or agricultural societies which
have complied with the conditions prescribed by section 7 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 Acts amendatory thereof : Provided, that the amounts to be paid
to any county fair or agricultural society during any one year shall not
exceed the sum of seventeen hundred dollars ($1,700) each.
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrants upon the State Treasurer for the moneys
herein appropriated in favor of the several county fairs or agricultural
societies of" this State who shall have complied with the provisions of
section 7 of the Act referred to herein, and the certificate of the State
Board of Agriculture, signed by its president and attested by its secre-
tary, shall be required by the Auditor of Public Accounts as proof of
such compliance.
Approved June 11, 1909.
24 APPROPRIATIONS.
AGRICULTURE— FARMERS' INSTITUTES.
§ 1. Appropriates $2,500 per annum | § 5. For county institutes $75 each
per annum.
§ 6. Officers of county institutes to
serve without pay.
§ 7. How drawn — report.
§ 8. How drawn.
for salaries and expenses.
§ 2. For superintendent and assist-
ants, $3,500 per annum.
^ 3. For expert judges, instructors,
advertising, etc., $3,000 per
annum.
§ 4. For expenses of directors, meet-
ings, etc., $5,000 per annum.
(Senate Bill No. 197. Approved June 11, 1909.)
An Act making cm appropriation for the Illinois Farmers' Institute
and county farmers' institutes.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be and hereby is ap-
propriated to the Illinois Farmers' Institute the following sums, to-wit:
For clerk hire, janitor service, postage, expressage, office library, fur-
niture, incidental office expenses, etc., two thousand five hundred dollars
($2,500) per annum, for the fiscal years beginning July 1, 1909 and
1910. The Secretary of State shall provide all needful books, papers,
stationery and printing required on requisition by the Secretary of the
Illinois Farmers' Institute.
§ 2. For the salary of a superintendent, one thousand five hundred
dollars ($1,500 per annum; for assistants to the superintendent, one
thousand dollars ($1,000) per annum; for one stenographer, one thou-
sand dollars ($1,000) per annum, for the fiscal years beginning July 1,
1909 and 1910.
§ 3. For the per diem and necessary expenses of expert judges, in-
structors and speakers furnished by the board of directors for county
institutes, farmers' study clubs, farmer boys' organizations, home makers'
clubs, etc., and for use of the board in furnishing to the daily and weekly
newspapers of the State reports of the most approved and successful
farm practice and experiment station results, the latest teachings of
agricultural science and the educational ideas that are receivino- the at-
tention of scientists and foremost farmers, the sum of three thousand
dollars ($3,000) per annum, for the fiscal years beginning July 1,
1909 and 1910.
§ 4. 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 such members and officers ; for the expenses of the district
conferences, the expenses of the State institute meeting, and for the
incidental expenses in promoting the development of the farmers' in-
stitute work throughout the State, five thousand dollars ($5,000) per
annum, for the fiscal years beginning July 1, 1909, and 1910.
§ 5. For the purpose of holding one or more farmers' institute meet-
ings in each county in the State, the sum of seventy-five dollars ($75)
per annum for the fiscal years beginning July 1, 1909 and 1910, said sum
tO be paid to the treasurer of each county farmers' institute when such
APPROPRIATIONS. 25
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 ac-
cordance with such rules as may be prescribed by the board of directors
of the Illinois Farmers' Institute : Provided, that if the necessary ex-
penses 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.
§ 6. No officer or officers of a county farmers' institute shall be en-
titled, as such officer or officers, to receive any moneyed compensation for
any service rendered the same.
§ 7. That on the order of the president, approved by the director of
the congressional district, the secretary of the Illinois Farmers' In-
stitute shall draw his warrant on the treasurer of the Illinois Farmers'
Institute in favor of the treasurer of the county farmers' institute for
the sum herein appropriated, seventy-five dollars /c^75) or so much
thereof as may be received for its use and benefit, as aforesaid, and it
shall be the duty of the treasurer of the Illinois Farmers' Institute to
pay over to the treasurer of the said county farmers' institute 4he said
sum, and make annual report to the Governor, as provided by law.
§ 8. The State Auditor is hereby authorized and instructed 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 the 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 11, 1909.
AGRICULTURE — STATE BOARD.
§ 1. Appropriates $21,820 per annum I § 2. How drawn,
for items enumerated.
(Senate Bill No. 337. Approved June 16, 1909.)
An Act making an appropriation for the State Board of Agriculture
and county and other agricultural fairs.
Section 1. 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 State Board of Agriculture the following sums which
sums shall be used by the said board for the purposes specified and no
other, 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 1909 and 1910.
For the salary of the secretary, the sum of three thousand dollars
($3,000) per annum for the years 1909 and 1910.
For traveling expenses of the members and officers of the board, the
sum of two thousand dollars ($2,000) per annum for the years 1909
and 1910.
26 APPROPRIATIONS.
For clerk hire, the sum of thirty-six hundred dollars ($3,600) per
annum for the years 1909 and 1910.
For receiving and shipping clerk, the sum of one thousand dollars
($1,000) per annum for the years 1909 and 1910.
For janitor, the sum of four hundred and twenty dollars ($420.00)
per annum for the years 1909 and 1910.
For the expenses of collecting, compiling and publishing live stock
and agricultural statistics, the sum of six hundred dollars ($600) per
annum for the vears 1909 and 1910. For maintenance, repairs and care
of the Illinois State fair grounds and buildings thereon, the sum of five
thousand dollars ($5,000) per annum for the years 1909 and 1910.
For office expenses, furniture, repairs, postage, expressage, etc., the
sum of twelve hundred dollars ($1,200) per annum for the years 1909
and 1910.
§ 2. That on the order of the president, countersigned by the secre-
tary of the State Board of Agriculture, and approved by the Governor,
the Auditor of Public Accounts shall draw his warrant upon the State
Treasurer in favor of the treasurer of the Illinois State Board of Agri-
culture for the sums herein appropriated.
Approved June 16, 1909.
AWARDS BY COURT OF CLAIMS.
§ 1. Appropriates $13,050 to pay I § 2. How drawn,
awards to persons named.
(House Bill No. 382. Approved June 12, 1909.)
An Act making an appropriation for the payment of the amounts
awarded by the Court of Claims to certain persons named therein.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be and is hereby ap-
propriated the sum of thirteen thousand and fifty dollars ($13,050) to
pay awards made by the Court of Claims, on the 19th day of December,
1908, to the following persons:
To Oscar A. Eose, the sum of two hundred dollars ''$200.00). for
license fee paid to the Secretary of State', to operate a private employ-
ment agency, under the Act of the General Assembly pertaining there-
to, approved April 11, 1899, declared unconstitutional by the Supreme
Court of the State of Illinois.
To Mrs. Nettie Grant, the sum of two hundred dollars ($200.00), for
license fee paid to the Secretary of State tc operate a private employ-
ment agency under the Act of the General Assembly pertaining thereto,
approved April 11, 1899, declared unconstitutional bv the Supreme
Court of the State of Illinois.
To C. J. Albert, the sum of two hundred dollars ($200.00), for
license fee paid to the Secretary of State, to operate a private employ-
ment agency, under the Act of the General Assembly pertaining thereto,
approved April 11, 1899, declared unconstitutional by the Supreme
Court of the State of Illinois.
APPROPRIATIONS. 27
To Mike Cuculic, the sum of two hundred dollars ($200.00), for
license fee paid to the Secretary of State to operate a private employ-
ment agency, under the Act of the General Assembly pertaining thereto,
approved April 11, 1899, declared unconstitutional by the Supreme
Court of the State of Illinois.
To Fiske Teachers Agency, the sum of two hundred dollars r $200.00),
for license fee paid to the Secretary of State, to operate a private em-
ployment agency, under the Act of the General Assembly pertaining
thereto, approved April 11, 1899, declared unconstitutional by the Su-
preme Court of the State of Illinois.
To Libbie M. Smith, the sum of two hundred dollars ($200.00), for
license fee paid to the Secretary of State, to operate a private employ-
ment agencv under the Act of the General Assembly pertaining thereto,
approved April 11, 1899, declared unconstitutional by the Supreme Court
of the State of Illinois.
To Michael Di@osola, the sum of two hundred dollars ($200.00), for
license fee paid to the Secretary of State to operate a private employ-
ment agency, under the Act of the General Assembly pertaining thereto,
approved April 11, 1899, declared unconstitutional by the Supreme
Court of the State of Illinois.
To Allessendria Comforti, the sum of four hundred dollars ($100.00),
for license fee paid to the Secretary of State to operate a private em-
ployment agency, under the Act of the General Assembly pertaining
thereto, approved April 11, 1899, declared unconstitutional bv the Su-
preme Court of the State of Illinois.
To Louis Krampe, the sum of two hundred dollars ($200.00), for
license fee paid to the Secretary of State to operate a private employ-
ment agency, under the Act of the General Assembly pertaining thereto,
approved April 11, 1899, declared unconstitutional by the Supreme
Court of the State of Illinois.
To John F. Devine, administrator, the sum of two thousand dollars
($2,000.00) damages for the death of Ealph Heeg by drowning, while
in the discharge of his duties as a member of the Illinois Naval Eeserves.
To John F. Devine, administrator, the sum of two thousand dollars
($2,000.00), damages for the death of Joseph Pines by drowning, while
in discharge of his duties as a member of the Illinois Naval Eeserves.
To John F. Devine, administrator, the sum of two thousand dollars
($2,000.00), damages for the death of Edward M. O'Carroll by drown-
ing, while in discharge of his duties as a member of the Illinois Naval
Eeserves.
To John F. Devine, administrator, the sum of two thousand dollars
($2,000.00), damages for the death of Antonio Capodice by drowning,
while in discharge of his duties as a member of the Illinois Naval Ee-
serves.
To John F. Devine, administrator, the sum of two thousand dollars
($2,000.00), damages for the death of Bobert E. Schrom by drowning,
while in discharge of his duties as a member of the Illinois Naval Ee-
serves.
28 APPROPRIATIONS.
To J. D. McCarthy, the sum of fifty dollars ($50.00), damages for
hay destroyed, caused by overflow of water from a dam or floodgate, con-
structed on the grounds of the State for the School of the Deaf at
Jacksonville, Illinois.
To Phillip Crippin, the sum of six hundred dollars ($600.00), dam-
ages for injury received by explosion of riflle used by him while in dis-
charge of his duties as a member of the Illinois National Guard.
To E. J. Lebeau, the sum of four hundred dollars C$400.00), dam-
ages for injuries received while in discharge of his duties as a member of
Company L, Third Infantry, Illinois National Guard.
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrants on the State Treasurer in favor of said
oersons, respectively, for the amounts herein appropriated, payable out
of any money in the treasurer [treasury] not otherwise appropriated.
Approved June 12, 1909.
BEEKEEPERS' ASSOCIATION.
Preamble. I § 2. How drawn.
§ 1. Appropriates $1,000 per annum. § 3. Receipted vouchers — report.
(Senate Bill No. 68. Approved June 11, 1909.)
An Act making an appropriation for the Illinois State Beekeepers' Asso-
ciation.
Whereas, The members of the Illinois State Beekeepers' Association
have for years given much time and labor without compensation in the
endeavor to promote the interests of the beekeepers 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 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be and is hereby appropri-
ated for the use of the Illinois State Beekeepers' Association the sum of
one thousand dollars ($1,000) per annum for the years 1909 and 1910.
For the purpose of advancing the growth and developing the interests of
the beekeepers of Illinois, said sum to be expended under the direction of
the Illinois State Beekeepers' Association for the purpose of paying the
expenses of holding annual meetings, publishing the proceedings of said
meetings, suppressing foul brood among bees in Illinois, etc. : Provided,
however, that no officer or officers of the Illinois State Bee-keepers' As-
sociation 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 secre-
tary of the Illinois State Beekeepers' Association, and approved by the
APPROPRIATIONS. 29
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 Beekeepers' 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 re-
ceipted vouchers such, sums as may be authorized by vote of said organiza-
tion 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 11, 1909.
CANAL COMMISSIONERS — BRIDGES.
§ 1. Appropriates $20,000 for repair- § 3. How drawn,
ing bridges.
§ 2. How repaired.
(House Bill No. 645. Filed June 16, 1909.)
An Act making appropriation to repair bridges over the Illinois and
Michigan canal at points where highways existed prior to construction
of said canal.
Section 1. 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 twenty thousand [dollars] ($20,000) out of the funds in the State
treasury, not otherwise appropriated, to be used for the purpose of repair-
ing bridges over the Illinois and Michigan canal, constructed by the State
of Illinois, on highways, existing prior to the construction of said canal.
§ 2. Said bridges shall be repaired by and under the direction of
the Canal Commissioners out of the appropriations hereby made. The
money herein appropriated shall be used for no other purposes than as
herein specified.
§ 3. The Auditor of Public Accounts is hereby authorized to draw
his warrants on State Treasurer for the money hereinbefore appropri-
ated, upon the order of the Board of Canal Commissioners.
Filed June 16, 1909.
The Governor having failed to return this bill to the General Assembly during
its session, and having failed to file it in my office, with his objections, within ten
days after the adjournment of the General Assembly, it has thereby become a law.
Witness my hand this 16th day of June, A. D. 1909.
James A. Rose,
Secretary of State.
30
APPROPRIATIONS.
CANAL, COMMISSIONERS — CHICAGO RIVER.
§ 1. Appropriates $15,000 for con-
structing and repairing docks.
§ 2. How drawn.
Work to be done by canal com-
missioners.
(House Bill No. 683. Approved June 12, 1909.)
An Act to make an appropriation to enable the State to comply with,
the laws of the United States in relation to the navigability of the
Chicago river.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of fifteen thousand
dollars ($15,000) be and the same is hereby appropriated for the pur-
pose of constructing and repairing docks along the south fork of the
south branch of the Chicago river, as required by the United States
government, in order to provide for the navigation of the river, and
east of Ashland avenue and adjacent to State property.
§ 2. The Auditor of Public Accounts is hereby authorized and
directed to draw his warrant on the Treasurer for the sum hereby ap-
propriated, upon the order of the president and secretary of the Canal
Commissioners, with their corporate seal attached.
§ 3. Said work shall be done by the Canal Commissioners.
Approved June 12, 1909.
CHARITABLE INSTITUTIONS— NORTHERN AND EASTERN HOSPITALS.
§ 2. How drawn.
§ 3. Emergency.
§ 1. Appropriates $15,000 to Northern
Insane Hospital for mainten-
ance until Julv 1, 1909, and
$20,500 for Psycopathic Hos-
pital at Kankakee. I
(Senate Bill No. 234. Approved May 15, 1909.)
An Act making appropriations for the State Charitable Institutions
herein named.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the following sums be and are
hereby appropriated to the State institutions named in this Act, for
the purposes herein stated. The sum of $35,500, and that the appro-
priations shall be apportioned between the institutions and shall be
payable as herein stated, as follows :
To the Illinois Northern Hospital for the Insane, Elgin —
For maintenance until July 1, 1909 $15,000.00
To the Illinois Eastern Hospital for the Insane, Kan-
kakee—
For completing, furnishing and equipping Psychopathic Hos-
pital $20,500.00
§ 2. The moneys herein appropriated shall be due and payable to
the trustees of the institutions herein named, or their order, only on
the terms and in the manner now provided by law.
APPROPRIATIONS. 31
§ 3. Whereas, The items of expenditures herein above provided for
are absolutely necessary and the appropriations therefor should be
made at once, therefore an emergency exists, and this Act shall take
effect and be in force from and after its passage.
Approved May 15, '1909.
CHARITABLE INSTITUTIONS — ORDINARY.
§ 1. Appropriates $2,362,500 for year § 3. How drawn,
beginning- July 1, 1909.
§ 2. Appropriates $2,507,500 for year
beginning- July 1, 1910.
(House Bill No. 724. Approved June 14, 1909.)
An Act making an appropriation for the ordinary and other expenses
of the State charitable institutions herein named.
Section 1. Be it enacted by the People of the State of Illinois rep1-
resented in the General Assembly: That there be and is hereby ap-
propriated for the purpose of defraying the ordinary expenses of the
State institutions named in this Act, for the year beginning July 1, 1909,
the sum of $2,362,500, payable quarterly in advance, and the said
appropriations shall be apportioned among the institutions as fol-
lows: To the
Northern Hospital for the Insane, Elgin ,. . ., $ 205,000
Eastern Hospital for the Insane, Kankakee ,. 400,000
Central Hospital for the Insane, Jacksonville 225,000
Southern Hospital for the Insane, Anna 220,000
Western Hospital for the Insane, Watertown 175,000
General Hospital for the Insane, South Bartonville 180,000
Asylum for Insane Criminals, Menard . . 40,000
Illinois School for the Deaf, Jacksonville ,. 125,000
Illinois School for the Blind, Jacksonville 52,500
Illinois Industrial Home for the Blind, Chicago 25,000
Asylum for Feeble Minded Children, Lincoln 200,000
Soldiers' and Sailors' Home, Quincy 200,000
Soldiers' Orphans' Home, Normal 67,500
Soldiers' Widows' Home, Wilmington ,. 22,500
Illinois Charitable Eye and Ear Infirmary, Chicago 50,000
State Training School for Girls, Geneva 90,000
St. Charles School for Boys, St. Charles 85,000
Total $2,362,500
§ 2. For the purpose of defraying the ordinary expenses of the
State institutions named in this Act for the year beginning July 1,
1910, the sum of $2,507,500 is appropriated, payable quarterly in ad-
32 APPROPRIATIONS.
vance, 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 . . $ 205,000
Eastern Hospital for the Insane, Kankakee . . . : 400,000
Central Hospital for the Insane, Jacksonville 225,000
Southern Hospital for the Insane, Anna 220,000
Western Hospital for the Insane, Watertown 175,000
General Hospital for the Insane, South Bartonville 300,000
Asylum for Insane Criminals, Menard 40,000
Illinois School for the Deaf, Jacksonville 125,000
Illinois School for the Blind, Jacksonville 52,500
Illinois Industrial Home for the Blind, Chicago 25,000
Asylum for Feeble Minded Children, Lincoln 200,000
Soldiers' and Sailors' • Home, Quincy 200,000
Soldiers' Orphans' Home, Normal 67,500
Soldiers' Widows' Home, Wilmington 22,500
Illinois Charitable Eye and Ear Infirmary, Chicago 50,000
State Training School for Girls, Geneva , 100,000
St. Charles School for Boys, St. Charles 100,000
Total $2,507,500
[§ 3] § 2. All monies herein appropriated shall be due and pay-
able to the trustees of the several institutions named, or to their order,
only on the terms and in the manner provided in the nineteenth section
of an Act entitled, "An Act to regulate the State charitable institutions
and the State reform school and to improve their organization and in-
crease their efficiency."
Approved June 14, 1909.
CHARITABLE INSTITUTIONS — SPECIAL.
§ 1. Appropriates $1,135,815 to insti- I § 2. How drawn,
tutions named for purposes
enumerated.
(House Bill No. 723. Approved June 14, 1909.)
An Act making appropriations for the State charitable institutions
herein named.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: . That the following sums be and are
hereby appropriated to the State institutions named in this Act, for
the purposes herein stated, for the two years beginning July 1, 1909,
APPROPRIATIONS.
the sum of $1,135,815.00/ and that the appropriations shall be appor-
tioned between the institutions and shall be payable as herein stated,
as follows :
To the Northern Hospital for the Insane, Elgin —
Eepairs and improvements, $10,000.00 per annum $ 20,000 00
Painting, $2,500.00 per annum 5,000 00
Improvement of grounds, $2,000 per annum 4,000 00
Iron bedsteads 3,000 00
Live Stock 2,000 00
Farm implements and buildings i 2,500 00
Cold storage and ice plant 25,000 00
Ee- wiring main building 15,000 00
Eailroad switch 10,000 00
Eeconstruction of four dormatories 16,000 00
New maple flooring . . . . c 3,000 00
Additional to complete hospital cottage 15,000 00
Mechanical stokers and fire walls .> 2,500 00
Total "$123,000 00
To the Eastern Hospital for the Insane, Kankakee —
Eepairs and improvements, $40,000.00 per annum $ 80,000 00
Improvement of grounds, $2,000 per annum 4,000 00
Painting, $4,000 per annum 8,000 00
Plumbing 5,000 00
Maintenance of Psychopathic Institute, two years 8,000 00
Iron beds and mattresses -7,000 00
Power house and water supply ,...,.., 20,000 00
New building complete 50,000 00
Total $182,000 00
To the Central Hospital for the Insane, Jacksonville —
Eepairs and improvements, $12,000 per annum $ 24,000 00
Improvement of grounds, $1,500 per annum . . . 3,000 00
Painting, $3,000 per annum 6,000 00
Plumbing, $2,500 per annum 5,000 00
Library, $500 per annum 1,000 00
Live stock and farm implements 1,500 00
New furniture 3,000 00
Bathing and closet facilities '. . 15,000 00
Eemodeling 16 dining rooms . , 6,000 00
New building complete 50,000 00
Greenhouse 5,000 00
Total $119,500 00
To the Southern Hospital for the Insane, Anna —
Ordinary deficit for year ending June 30, 1909 . . ... $ 35,000 00
Eepairs and improvements, $10,000 per annum 20,000 00
Improvement of grounds, $2,000 per annum 4,000 00
—3 L
34 APPROPRIATIONS.
Farm machinery and stock, $1,000 per annum $ 2,000 00
Library, $500 per annum 1,000 00
Painting, $2,000 per annum 4,000 00
Widening road and building retaining wall 2,000 00
Cow barn : 5,000 00
Building addition to store room
Purchase of cows 2,500 00
Telephone system 2,500 00
New plumbing ..,..., . 4,000 00
Completion of power plant 15,000 00
Fire protection and water supply 7,000 00
Total $104,000 00
To the Western Hospital for the Insane, Watertown —
Repairs and improvements, $10,000 per annum $20,000 00
Improvement and care of farm and grounds, $5,000 per
annum . . 10,000 00
Library and pictures, $1,000 per annum 2,000 00
Land 7,000 00
Total $39,000 00
To the General Hospital for the Insane, South Bartonville —
Repairs and improvements, $10,000 per annum $ 20,000 00
Improvement of grounds, $5,000 per annum 10,000 00
Stocking newly acquired farm 5,000 00
Hospital for advanced consumptives 6,000 00
Industrial building 10,000 00
Congregate dining room 25,000 00
One Psychopathic cottage 30,000 00
Heating plant 20,000 00
Total $126,000 00
To the Asylum for Insane Criminals, Menard —
Repairs and improvements, $2,000 per annum $4,000 00
Furnishings and refurnishings 2,000 00
Library, $200 per annum 400 00
Total $6,400 00
To the Illinois School for the Deaf, Jacksonville — ■
Repairs and improvements, $15,000 per annum $30,000 00
Library, $500 per annum 1,000 00
Laundry machinery 2,000 00
Trades industries machinery 2,000 00
School wall slates , 500 00
Total $35,500 00
APPROPRIATIONS. 35
To the Illinois School for the Blind, Jacksonville —
Eepairs and improvements, $3,500 per annum $ 7,000 00
Materials for printing, $500 per annum 1,000 00
Teachers' library and apparatus, $500 per annum 1,000 00
Free circulating library for the blind, $500 per annum . . 1,000 00
Eenewing heating system 1,500 00
Remodeling buildings 1 1<2,000 00
Total $23,500 00
To the Illinois Industrial Home for the Blind, Chicago —
Eepairs and improvements, $2,500 per annum $ 5,000 00
Working capital, $7,500 per annum '. . 15,000 00
Total $20,000 00
To the Asylum for Feeble Minded Children, Lincoln —
Eepairs and improvements, $10,000 per annum $20,000 00
Improvement of grounds, $2,000 per annum 4,000 00
Painting, $2,000 per annum . . 4,000 00,
Plumbing, $2,500 per annum 5,000 00
Library, $500 per annum 1,000 00
Bakery 3,500 00
Gymnasium apparatus 2,000 00
Car and wagon scales . . . 500 00
Farm house addition ,. . 10,000 00
Work shop . . 10,000 00
Farm tiling 2,500 00
Total $62,500 00
To the Soldiers' and Sailors' Home, Quincy — ■
Eepairs and improvements, $10,000 per annum $20,000 00
Library, $600 per annum 1,200 00
Painting, $2,500 per annum 5,000 00
Grounds, roads, walks and bridges, $1,500 per annum .... 3,000 00
Improvement of cemetery ,. . . 1,000 00
Two new boilers 13,000 00
New smoke stack 5,500 00
Grading around new cottages . . .. 1^000 00
One heater for exhaust steam 700 00
Pipe covering and hot water mains . . . 4,500 00
Electric light plant .- . 26,000 00
Total $80,900 00
To the Soldiers' Orphans' Home, Normal^
Eepairs and improvements, $3,000 per annum $ 6,000 00
Library, $300 per annum 600 00
Fire protection 1,000 00
Painting 1,615 00
36 APPROPRIATIONS.
Ee-wiring old building $ 1,000 00
Concrete walks and floors , 1,000 00
Industrial shop equipment ,. . .. 1,200 00
Installing electric plant .-. . .i 3,000 00
Plumbing 6,000 00
Total $21,415 00
To the Soldiers' Widows' Home, Wilmington —
Repairs and improvements, $2,250 per annum $4,500 00
Improvement of grounds, $500 per annum . . . . 1,000 00
Fire protection 500 00
Total $6,000 00
To the Illinois Charitable Eye and Ear Infirmary, Chicago —
Eepairs and improvements, $4,000 per annum. ......... $8,000 00
Library and amusement . . . 500 00
Fire escape on Peoria street and inside stand "nine and hose 1,500 00
New elevator , 5,000 00
To complete new addition and roof garden 3,000 00
Total $18,000 00
To the State Training School for Girls, Geneva —
Building repairs and improvements, $6,000 per annum.. $12,000 00
Paroling and supervising girls . 1,500 00
Improvement of grounds . 4,000 00
Farm, garden and stock 4,000 00
One cottage 25.000 00
Switch track 3,000 00
Deficit in building four cottages 4,000 00
Furniture and equipment for new building . ., . . . . 6,000 00
Deficit furniture fund, appropriation 1907 4,000 00
Library 500 00
Infirmary and hospital medical supply and work 10,000 00
Total $74,000 00
To the St. Charles School for Boys, St. Charles—
Eepairs and improvements, $2,000 per annum $ 4,000 00
Library and school supplies, $500 per annum. ., 1,000 00
Live stock and implements, $1,000 per annum. .(. . .,.'. . . . 2,000 00
Parole officer, $1,250 per annum , 2,500 00
Walks ,. . . 1,500 00
Supplies and tools for industrial building, $1,000 per
annum , 2,000 00
Painting, $750 per annum ' 1,500 00
Amusements, $300 per annum i 600 00
One cottage ,. . ., 20,000 00
Furnishing cottage 1,500 00
Drainage and sewers 5,000 00
APPROPRIATIONS. 37
Laundry and equipment $ 3,000 00
Kitchen, bakery and equipment 2,000 00
Administration building: 35,000 00
Furnishing and equipping hospital ., 1,500 00
Additional equipment for power plant and new smoke
stack 5,000 00
Septic tank 500 00
Eailroad scales 500 00
Furnishing administration building 5,000 00
Total $94,100 00
§ 2. The money herein appropriated shall be due and payable to the
trustees of the several institutions herein named, or their order, only
on the. terms and in the manner now provided by law.
Approved June 14, 1909.
DAIRYMEN'S ASSOCIATION.
3 1. Appropriates $2,500 per annum. | § 2. How drawn.
(House Bill No. 196. Approved June 11, 1909.)
An Act making an appropriation for the Illinois Dairymen's Associa-
tion.
Section 1. 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 1909 and 1910 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 ap-
propriated.
Appeoved June 11, 1909.
EDUCATIONAL INSTITUTIONS — ORDINARY.
§ 3. Appropriates interest on college
and seminary fund.
* ... B
§ 4. How drawn.
•§ 1. Appropriates $340,000 for the
year beginning July 1, 1909.
i| 2. Appropriates $340,000 for the
year beginning July 1, 1910.
(Senate Bill No. 517. Approved June 11, 1909.)
An Act making appropriations for the ordinary expenses of the State
educational institutions herein named.
Section 1. 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 the ordinary expenses of the State
38 APPROPRIATIONS.
institutions named in this Act, for the year beginning July 1, 1909, the
sum of $340,000.00, payable quarterly in advance, and that the said ap-
propriations shall be apportioned among the said institutions as follows :
To the Northern Illinois State Normal School, DeKalb . . $81,000 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
61,000 00
83,000 00
60,000 00
55,000 00
Total . , • $340,000 00
§. 2. For the purpose of defraying the ordinary expenses of said
State institutions for the year beginning July 1, 1910, the sum of $340,-
000.00 is appropriated, payable quarterly in advance, and that the said
appropriation shall be apportioned among 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. . $81,000 00
To the Eastern Illinois State Normal School, Charleston. . 61,000 00
To the Illinois State Normal University, Normal. 83,000 00
To the Western Illinois State Normal School, Macomb . . . 60,000 00
To the Southern Illinois Normal University, Carbondale. . 55,000 00
Total ,. . ., $340,000 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 ap-
propriated 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 institutions re-
spectively, until a detailed statement of receipts from all sources, to-
gether 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 receipts
and expenditures shall show the balance on hand at the beginning 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 June 11, 1909.
APPROPRIATIONS. 39
EDUCATIONAL INSTITUTIONS — SPECIAL.
§ 1. Appropriates $155,926.75 to in- l § 2. How drawn,
stitutions named for purposes
enumerated. I
(Senate Bill No. 501. Approved June 15, 1909.)
An Act making appropriations for the State educational institutions
herein named.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the following sums be and are
hereby appropriated to the State institutions named in this Act for the
purposes herein stated, for the two years beginning July 1, 1909, the
aggregate amount of which is $155,926.75, and that the said sums so
apropriated shall be apportioned among the said institutions as follows :
To the Northern Illinois Normal School, DeKalb —
For the purchase and installing of one engine and electric
generator $ 3,200 00
For the extension of 'a brick pavement around the main
building , 1,577 25
For the addition of a second story to the manual training-
shop, for the extension of gymnasium dressing room
and shop 4,000 00
For extraordinary repairs on main building 1,535 50
For the payment of water bill 1,500 00
For science laboratories, $1,000 per annum 2,000 00
For library, $2,000 per annum. 4,000 00
For grounds, school garden and green house, $1,500 per
annum 3,000 00
For training school building ............. 75,000 00
Total $95,812 75
To the Eastern Illinois State Normal School, Charleston —
For the repairs and improvements ..'.., $3,000 00
For library 4,000 00
For laboratory 1,500 00
For finishing ten rooms in basement, and attic of Woman's
building ' 3,000 00
For filters 500 00
For screens 500 00
Total $12,500 00
40 APPROPRIATIONS.
To the Illinois State Normal University, Normal —
For equipping and furnishing manual arts building and
auditorium ., , $16,750 00
For alterations, equipment and furniture in main build-
ing and gymnasium 3,950 00
For painting exterior of main building 600 00
For new boiler in heating plant 1,500 00
For walks, pavement and macadam drive 6,700 00
Total $29,500 00
To the Western Illinois State Normal School^ Macomb —
For additions to library $3,500 00
For care and improvement of grounds 3,500 00
For repairs of building and power house, $1,500 per annum 3,000 00
For expenses of trustees, $250 per annum 500 00
For fencing the Agricultural Experiment Station on the
Normal campus 500 00
Total , $11,000 00
To the Southern Illinois Normal University Carbondale —
For granitoid walks $1,000 00
For frescoing room in main science and library buildings 500 00
For new furniture for model school building 500 00
For installing domestic science . 1,000 00
For installing power and lathes in manual training and
physical laboratory 1,500 00
For new pianos 600 .00
For fire escapes 764 00
For. new floors in main building 750 00
For electric fixtures in science building 500 00
Total $7,114 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 cor-
porate seals of said institutions attached and armroved by the Governor:
Provided, said orders shall be accompanied by statements in detail of all
•expenditures made in pursuance of the aforesaid appropriations respec-
tively, and no warrant shall be issued until such statements in detail
•are filed by the respective institutions to which the appropriation is
made : And, provided, further, that such detailed statements of receipts
and expenditures and balance on hand shall be made separately, by such
institutions respectively, for each and every appropriation made to said
institution.
Approved June 15, 1909.
APPROPRIATIONS. 41
EDUCATIONAL INSTITUTIONS — UNIVERSITY OF ILLINOIS.
§ 1. Appropriates $783,500 per annum I § 2. Appropriates $75,500 for addi-
for salaries, ordinary ex- tions to plant.
penses and items named. I
| §3. How drawn.
(House Bill No. 115. Approved June 14, 1909.)
An Act making appropriations for the University of Illinois.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That there be and is hereby ap-
propriated to the University of Illinois for the payment of salaries and
for the ordinary operating expenses, the sum of five hundred and twenty-
five thousand dollars ($525,000) per annum.
For materials for shop practice, the sum of five thousand dollars
($5,000) per annum.
For increase of historic, scientific and artistic cabinets and collec-
tions two thousand dollars ($2,000) per annum.
For additions to the library, twenty-five thousand dollars ($25,000)
per annum.
For additions to apparatus and appliances, three thousand dollars
($3,000) per annum.
For fire protection, fifteen hundred dollars ($1,500) per annum.
For laying pavements and walks, two thousand five hundred dol-
lars ($2,500) per annum.
For maintenance and extension of the engineering college and ex-
penses of the engineering experiment station, eighty thousand dollars
($80,000) per annum.
For painting and repairs on buildings and improvements to grounds,
seventeen thousand five hundred dollars ($17,500) per annum.
For carrying on the State Water Survey, five thousand . dollars
($5,000) per annum.
For draining and fencing and repairs on experimental farms, two
thousand and five hundred dollars ($2,500) per annum.
For maintenance of the Department of Social and Political Science
and Industrial Economics, including instruction in banking, insurance,
railway administration, etc., twenty-five thousand dollars ($25,000)
per annum.
For maintenance of the School of Music, three thousand dollars
($3,000) per annum.
For equipment and support of the Law School, sixteen thousand and
five hundred dollars ($16,500) per annum.
For equipment and maintenance of the School of Pharmacy, ten
thousand dollars ($10,000) per annum.
For equipment and maintenance of Chemical Laboratory, ten thou-
sand ($10,000) dollars per annum.
For maintenance of the Graduate School, fifty thousand dollars
($50,000) per annum.
§ 2. That there be and is hereby appropriated to the University of
Illinois the following sums for additions to the plant:
42 APPROPRIATIONS.
For additional equipment of water station, three thousand dollars
($3,000) per annum.
Increase of telephone exchange, fifteen hundred dollars ($1,500).
For enlarging the general heating and lighting plant, fifty thousand
dollars ($50,000).
Stack for law library, ten thousand dollars ($10,000).
Repairs to and reconstruction in gymnasium, eight thousand dollars
($8,000).
§ 3. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrant on the treasurer for the sums hereby ap-
propriated payable out of any money in the treasury not otherwise ap-
propriated upon the order of the board of trustees of said university,
attested by its secretary, and the corporate seal of the university: Pro-
vide d, that no part of said sum shall be clue and payable to said uni-
versity until satisfactory vouchers in detail, approved by the Governor,
shall be tiled with the Auditor for all previous expenditures incurred
by the University on account of the appropriations hitherto made : And,
provided, further, that vouchers shall be taken in duplicate, and orig-
inal or duplicate vouchers shall be forwarded to the Auditor of Public
Accounts for the expenditures of the sums appropriated in this Act.
Approved June 14, 1909.
EDUCATIONAL INSTITUTIONS— UNIVERSITY OF ILLINOIS, ENDOWMENT
FUND.
§ 1. Appropriates interest on endow- I § 2. How drawn,
ment fund.
(House Bill No. 405. Approved June 9, 1909.)
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 If., 1907, entitled, "An Act
making appropriations for the Department of Agriculture for the
fiscal year ending June 30, 1908."
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in. the General Assembly: That the sum or sums of money
which may have accrued or may hereafter (before the first day of July,
1911) accrue to the State of Illinois, under the provisions of an Act
of the Congress of the United States, approved August 30, 1890, en-
ttled, "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
APPROPRIATIONS.
43
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," 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 di-
rected to draw his warrant on the Treasurer for the sums hereby ap-
propriated, 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 June 9, 1909.
EDUCATIONAL INSTITUTIONS — UNIVERSITY OF ILLINOIS,
GINEERING DEPARTMENT.
MINING EN-
§ 1. Establishment.
§ 2. Courses of instruction.
§ 3. Duties of department.
§ 4. Appropriates $7,500 per annum.
§ 5. How drawn.
(House Bill No. 537. Approved June 8, 1909.)
An Act authorizing and directing the establishment of a department of
mining engineering in the College of Engineering, at the University
of Illinois, and providing for the support of the same.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That the trustees of the University
of Illinois be authorized and directed to establish, in the College of En-
gineering, at the university, a department of mining engineering.
§ 2. That the said department of mining engineering shall offer
such courses of instruction relating to the science and practice of mining
as will best serve to train young men for efficient work in the various
phases of the mining industry.
§ 3. That in addition to its work of instruction, the said depart-
ment of mining engineering shall, so far as practicable, concern itself
with the development and dissemination of such scientific facts as are
likely to be of service in improving the practice of mining, with refer-
ence to efficiency in operation, to the security of life in the mines, and
to the conservation of the fuel and other mineral resources of the State.
§ 4. That there be and hereby is appropriated to the University of
Illinois, to meet the cost of establishing and maintaining the said de-
partment of mining engineering, the sum of seven thousand five hun-
dred dollars ($7,500) per annum.
§ 5. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrant on the Treasurer for the sum hereby appro-
priated, payable out of any money in the treasury, not otherwise ap-
propriated, upon the order of the Board of Trustees of said University,
attested by its secretary and with the corporate seal of said university
thereto attached.
Approved June 8, 1909.
44 APPROPRIATIONS.
EDUCATIONAL INSTITUTIONS — UNIVERSITY OF ILLINOIS, NEW BUILD-
ING.
§ 1. For new university hall $250,000. I § 2. How drawn.
(House Bill No. 128. Approved June 14, 1909.)
An Act making appropriation for the erection of buildings for the Uni-
versity of Illinois.
Whereas, The University of Illinois has grown with such great
rapidity as to outrun all facilities in building and equipment which have
been thus far provided, and
Whereas, The trustees represent that they need now for the present
work of the institution, among others, the following buildings and
equipment, costing approximately the sum set opposite the same,
namely :
Administration building, two hundred and fifty thousand dol-
lars $ 250,000
Armory, one hundred and fifty thousand dollars 150,000
New university hall, two hundred and fifty thousand dollars 250,000
Addition to library building, one hundred and fifty thou-
sand dollars 150,000
Agricultural buildings, seven hundred and fifty thousand
dollars 750,000
Music and art building, including school of architecture, two
hundred and fifty thousand dollars . 250,000
Enlargement of engineering buildings, two hundred and fifty
thousand dollars 250,000
Law library stacks, fifty thousand dollars 50,000
Museum building, two hundred and fifty thousand dollars 250,000
Housing the medical school, five hundred thousand dollars. . 500,000
Materials for testing laboratory, two hundred and fifty thou-
sand dollars . ' 250,000
Transportation laboratory, one hundred and fifty thousand
dollars < 150,000
Total $3,250,000
Wpiereas, The trustees of the University of Illinois have urgently
requested that at least the sum of two hundred and fifty thousand dol-
lars ($250,000) be appropriated by the Legislature as a special grant
for this purpose in addition to other grants for the running expenses
and support of the various departments of the university; therefore
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That the sum of two hundred and
fifty thousand dollars ($250,000) be and is hereby appropriated out of
APPROPRIATIONS. 45
any funds in the State treasury not otherwise appropriated for the pur-
pose of erecting and equipping the following building, costing not to
exceed the sum set opposite the same, namely :
New university hall $250,000
Total $250,000
§ 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 the presentation of proper vouchers, so certified
as aforesaid and the said Treasurer shall pay the same out of any funds
in the State treasury not otherwise appropriated.
Approved June 14, 1909.
FIREMEN'S ASSOCIATION.
§ 3. Annual report.
§ 4. How drawn.
Preamble.
§ 1. Appropriates $500 per annum.
§ 2. No salary to be paid any officer.
(House Bill No. 68. Approved June 11, 1909.)
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, 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 edu-
cation of firemen in the fire service, and the betterment of the service
in the several towns and cities of 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 membership (made
up of the fire departments of the State of Illinois) therefore, to help
sustain this organization in the holding of its annual meetings and the
printing of its reports, and to otherwise promote the usefulness of this
meritorious organization, the fire fighters, who voluntarily give their
service in the protection of lives and homes.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That there be and is hereby appro-
priated to the Illinois Firemen's Association the following sums, to-
wit: For the printing and distribution of its programs, its annual re-
port 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)
per annum.
§ 2. No part of the said one thousand dollars ($1,000) shall be paid
as salary to any officer of the Illinois Firemen's Association.
46 APPROPRIATIONS.
§ 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 }Tear, of the disposition of the said appropriation.
§ 4. The State Auditor is hereby authorized to draw his warrant
for the sum herein specified, and to deliver the same to the president
and treasurer of the Illinois Firemen's Association upon their present-
ing 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 11, 1909.
FUGITIVES ■ FROM JUSTICE— DEFICIENCY.
§ 1. Appropriates $15,000 — how I § 2. Emergency,
drawn.
(Senate Bill No. 56. Approved June S, 1909.)
An Act making an appropriation to meet a deficiency in the expenses
for returning fugitives from justice.
Section 1. 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 fifteen thousand dollars ($15,000) or so much there-
of as may be necessary to pay the expenses already incurred and to be
incurred before the first day of July, 1909, 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 June 8, 1909.
GENERAL ASSEMBLY, 45TH — FUNERALS OF RICHARD POWERS AND PAUL
FINNAN.
§ 1. Appropriates $6S3. j § 3. Emergency.
§ 2. How drawn. ' I
(House Bill No. 229. Approved June 10, 1909.)
An Act to make an appropriation to defray certain expenditures made
by members of the Illinois 'House of Representatives, in the 45th
General Assembly of the State of Illinois, in the expenses of and at-
tendance upon the funerals of Honorable Richard Powers and Honor-
able Paul Finnan, deceased members of the House of Representa-
tives of the State of Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be, and hereby is, ap-
propriated the sum of six hundred and eighty-three dollars ($683.00)
to defray the actual and necessary expenditure made by members of the
Illinois House of Eepresentatives, in the 45th General Assembly of the
APPROPRIATION'S. 47
State of Illinois, in the expense of, and attendance upon, the funerals
of the .Honorable Eichard Powers and the Honorable Paul Finnan, de-
ceased members of the House of Eepresentatives of the State of Illinois.
§ 2. The Auditor of the State of Illinois is hereby authorized and
directed to draw his warrant upon the State Treasurer of the State
of Illinois for the said above amount.
§ 3. Whereas, An emergency exists, therefore this Act shall be
in force from and after its passage.
Approved June 10, 1909.
GENERAL ASSEMBLY, 46TH — COMMITTEE EXPENSES.
§ 1. Appropriates $15,000 for commit- § 2. How drawn,
tee expenses.
§ 3. Emergency.
(Senate Bill No. 37. Approved March 3, 1909.)
An Act making an appropriation for the payment of committee ex-
penses of the Forty-sixth General Assembly.
Section 1. Be it enacted by the People of the State of Illinois rep<-
resented in the General Assembly: That the sum of fifteen thousand
dollars ($15,000) or so much thereof as may be necessary, is hereby
appropriated to pay the expenses of the committees of the Forty-sixth
General Assembly.
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrants upon the State Treasurer for the sum herein
appropriated, said warrants to be drawn only on itemized bills certified
by the chairman of the committee incurring the expenses, and approved
by the presiding officer of that branch of the General Assembly appoint-
ing the committees. Before any warrants shall be drawn for the pay-
ment of the expenses of special committees, the secretary of the Senate
and the clerk of the House shall furnish the Auditor with certified copies
of resolutions or other records of the appointment of such special com-
mittees.
§ 3. Whereas, An emergency exists, this Act shall take effect and
be in force upon its passage.
Approved March 3, 1909.
GENERAL ASSEMBLY, 46TH — EMPLOYES. — 1.
§ 1. Appropriates $100,000 — how I § 2. Emergency,
drawn.
(Senate Bill No. 1. Approved January 22, 1909.)
An Act making appropriations for the payment of employes of the
Forty-sixth General Assembly.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be, and is hereby ap-
propriated the sum of $100,000, or so much thereof as mav be neces-
48 APPROPRIATIONS.
sary, to pay the employes of the Forty-sixth 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, 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 22, 1909.
GENERAL ASSEMBLY, 46TH— EMPLOYES — 2.
§ 1. Appropriates $30,000 — how I § 2. Emergency.
drawn.
(Senate Bill No. 449. Approved Mat 15, 1909.)
An Act making appropriations for the payment of employes of the
Forty-sixth General Assembly.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be and is hereby ap-
propriated the sum of $30,000, or so much thereof as may be necessary,
to pay the employes of the Forty-sixth General Assembly at the rate
of compensation allowed by law. Said employes to be paid upon pay
rolls certified to by the presiding officers of the respective houses, or by
the Secretary of State.
§ 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 May 15, 1909.
GENERAL ASSEMBLY, 46TH— INCIDENTALS.
§ 1. Appropriates $33,000. I § 3. Emergency.
§ 2. How drawn.
(Senate Bill, No. 2. Approved January 22, 1909.)
An Act to provide for the incidental expenses of the Forty-sixth 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 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of $33,000, or so
much thereof as may be required, is hereby appropriated to pay the in-
cidental expenses of the Forty-sixth General Assembly, or either branch
thereof, or to be expended by the Secretary of State in the discharge of
the duties imposed upon him by law, or by the direction of the General
Assembly, or either branch thereof. All expenditures to be certified to
by the Secretary of State, as provided by law.
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrants upon the State Treasurer for the sums
APPROPRIATIONS. 49
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-sixth General Assembly, therefore an emergency exists, and this
Act shall take effect from and after its passage.
Approved January 22, 1909.
GENERAL ASSEMBLY, 47TH, AND STATE OFFICERS.
§ 1. Appropriates $2,200,000.
(House Bill No. 704. Approved June 12, 1909.)
An Act making an. appropriation for the payment of the officers and
members of the next General Assembly, and for salaries of the officers
of the State government.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be, and is hereby ap-
propriated the sum of two million, two hundred thousand dollars ($2,-
200,000), or so much [thereof] as may be necessary, to pay the officers
and members of the next General Assembly, and the salaries of the officers
of the State government, at such rates of compensation as are now or
hereafter may be fixed by law, until the expiration of the first fiscal
quarter after the adjournment of the next regul?,r session of the next
General Assembly.
Approved June 12, 1909.
GRAND ARMY OF THE REPUBLIC.
§ 1. Appropriates $2,000. I § 3. How drawn.
§ 2. Payable annually. !
(House Bill No. 634. Approved June S, 1909.)
An Act making an appropriation for the payment of the printing and
of the publication expenses of the Grand Army of the Republic, of the
Department of Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of two thousand dol-
lars ($2,000.00) be appropriated for the Grand Army of the Republic,
of the Department of Illinois, for the purpose of paying for the print-
ing and publishing bills and other contingent expenses of a similar
nature incurred by said organization for the purpose of keeping a per-
manent record of the soldiers and sailors of the Civil War.
§ 2. That of the aforesaid sum appropriated the sum of one thou-
sand dollars ($1,000.00) shall be available annually for the purposes
above named.
§ 3. The Auditor of Public Accounts is hereby authorized and re-
quired to draw his warrant upon the State Treasurer for the sum herein
—4 L
50 APPROPRIATIONS.
appropriated ; said warrants to be drawn only npon itemized bills, signed
by the Department Commander and Assistant Adjutant General of the
Grand Army of the Republic, Department of Illinois, and approved by
the Governor, and the State Treasurer is hereby directed to pay said war-
rants, drawn as aforesaid, out of any funds in the State treasury not
otherwise appropriated.
Approved June 8, 1909.
GRANT HOME ASSOCIATION.
Preamble.
§ 1. Appropriates $3,500 for improve- § 2. How drawn,
ments.
(House Bill No. 189. Approved Jun,e 12, 1909.)
An Act making cm appropriation for the Illinois Grant Home As-
sociation-
Whereas, The Grant Home at Galena is supplied only with cistern
water, which during the past year was infected with typhoid baccilli;
and,
Whereas, The Forty-fourth General Assembly recognized the patri-
otic duty of the State to aid in restoring said Home; and,
Whereas, The Illinois Grant Home Association, incorporated under
the laws of the State of Illinois and havino- in char^ the Home occupied
by General Ulysess S. Grant when he was a citizen of Galena, desires to
run a water main to said Home for the ^reservation of the public health ;
and also erect suitable cement walk and steps thereto, in order that said
Home may be as accessible to the people as it justly deserves, therefore,
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That the sum of three thousand five
hundred dollars ($3,500.00) be, and the same is hereby appropriated
to the Illinois Grant Home Association for the purpose of laying water
main, constructing cement walk and steps to the Grant Home in the city
of Galena and otherwise improving said Home, the same to be expended
under the direction of the Illinois Grant Home Association.
§ 2. The Auditor of Public Accounts is hereby required to draw
his warrant on the Treasurer of the State of Illinois for the above speci-
fied sum, mentioned in section one (1) of this Act, payable to the order
of the said Illinois Grant Home Association.
Approved June 12, 1909.
APPROPRIATIONS. 51
HISTORICAL, LIBRARY — PROCURING DOCUMENTS.
§ 1. Appropriates $5,000 per annum — how expended.
(House Bill No. 524. Approved June 8, 1909.)
An Act making appropriations for procuring documents, papers and
materials and publications relating to the Northwest and the State
of Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of five thousand dol-
lars ($5,000) per annum be and the same is hereby appropriated for the
purpose of procuring copies of papers, documents, materials and publi-
cations relating to the Northwest and the State of Illinois, and publish-
ing the same, the same to be expended by the trustees of the Illinois
State Historical Library, with the sanction of the Governor.
Approved June 8, 1909.
HORTICULTURAL SOCIETY.
§ 1. Appropriates $5,000 per annum. | § 2. How drawn.
(House Bill No. 190. Approved June 11, 1909.)
An Act making an appropriation in aid of the Illinois State Horticul-
tural Society.
Section 1. Be it enacted by the Peovle of the State of Illinois rep-
resented in the General Assembly.- That there be, and is hereby, ap-
propriated for the use of the Illinois State Horticultural Society, the
sum of five thousand dollars ($5,000.00^ ^er annum, for the purpose of
advancing the growth and development of the horticultural interests of
the State for the years 1909 and 1910, 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 herebv 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 ap-
propriated.
Approved June 11, 1909.
53 APPROPRIATIONS.
INSURANCE DEPARTMENT — PURCHASE OF A SAFE.
§ 1. Appropriates $1,900 for the pur- § 3. Emergency.
chase of a safe.
§ 2. How drawn.
(Senate Bill No. 169. Approved May 7, 1909.)
An Act to provide for the purchase of a safe for the Insurance Depart-
ment and making appropriation therefor.
Section 1. 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 Insurance Superintendent for the purchase" of a safe for
use in the Insurance Department the sum of $1,900.00, or such part
thereof as may be necessary for such purpose.
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrant for the sum hereby appropriated upon presen-
tation of a proper voucher, certified to bv the Insurance Superintendent,
and approved by the Governor.
§ 3. Whereas, An emergency exists this Act shall be in force and
effect from and after its passage.
Approved May 7, 1909.
INVESTIGATIONS— EMPLOYMENT COMMISSION.
Preamble. . i §2. How drawn.
§ 1. Appropriates $1,296.50 for ex-
penses.
(Senate Bill No. 521. Approved June 11, 1909.)
An Act making an appropriation for the expenses of a commission ap-
pointed by the Governor of this State under and by virtue of Senate
Joint Resolution No. 19 of the Forty-fifth General Assembly, adopted
by the Senate May 11, 1907, and concurred in by the House of Repre-
sentatives, November 27, 1907.
Whereas, The Senate of the State of Illinois did, on May 11, 1907,
adopt a resolution known as Senate Joint Eesolution No. 19, which
resolution is in words and figures as follows, to-wit:
"Resolved, by the Senate, the House of Representatives concurring
herein: That the Governor is hereby authorized and requested to appoint
a commission consisting of three representative men who are either man-
ufacturers or employers of labor, three representative men who are em-
ployes, one representative man learned in the law, one representative
man who is a physician or one who is familiar with the standard of san-
itation, and one representative citizen who is neither an employer of
labor nor an employe, who shall serve without remuneration, and whose
duties shall be to thoroughly investigate and report to the Governor,
by bill or bills or otherwise, the most advisable method or methods for
providing for the health, safety and comfort of the employes of factories,
mercantile establishments, mills and Avorkshops in this State, for con-
sideration and action by members of the Forty-sixth General Assemblv.
APPROPRIATIONS. 53
The secretary of the Bureau of Labor Statistics shall be secretary of
said commission and keep a record of its proceedings and furnish all
necessary information to the same;" and,
Whereas, The House of Eepresentatives of the State of Illinois
did, on November 27, 1907, concur in said resolution; and,
Whereas, The Governor of the State of Illinois did, on the 22 d
day of September, 1908, appoint Charles Piez, E. E. Baker, Edwin H.
Wright, Samuel A. Harper, P. A. Peterson, H. B. Eavill, David Eoss,
Graham Taylor, Peter W. Collins and William Eossell as such commis-
sion, authorized by said joint resolution; and,
Whereas, Said commission has thoroughly investigated the most
advisable method or methods for providing for the health, safety and
comfort of the employes of factories, mercantile establishments, mills
and workshops in this State, and has submitted its report to the Gov-
ernor of the State of Illinois with a proposed bill entitled, "A bill for an
Act to provide for the health, safety and comfort of employes in fac-
tories, mercantile establishments, mills and workshops in this State and
to provide for the enforcement thereof," for consideration and action by
the Forty-sixth General Assembly; and,'
Whereas, Said commission, pursuant to the terms of said joint
resolution, has served without remuneration and has incurred some ex-
pense in making its investigations and preparing its said bill and report,
an account of which said expenses has been submitted to the Governor
with said bill and report, amounting to one thousand two hundred
ninety-six dollars and fifty cents ; therefore,
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in- the General Assembly: That there be, and hereby is, ap-
propriated the sum of one thousand two hundred ninety-six dollars and
fifty cents, for the purpose of paying the expenses of said commission,
appointed by the Governor on September 22, 1908, under Senate Joint
Eesolution No. 19, of the Forty-rfifth General Assembly of the State of
Illinois.
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected to draw, his warrants in favor of the chairman" of said commission
on the treasurer on the presentation of proper vouchers certified by said
chairman and approved by the Governor, for the payment of said ex-
penses, according to the statement thereof submitted to the Governor
with the report of said commission.
Appro vep June 11, 1909.
54 APPROPRIATIONS.
INVESTIGATIONS— FIRE INSURANCE COMMISSION.
§ 1. Appropriates $5,000 for purposes § 3. Filing- report,
enumerated.
§ 2. How drawn.
(House Bill No. 711. Appro ved June 9, 1909.)
An Act to appropriate the sum of -five thousand dollars to pay for the
services and expenses of the commission appointed under and pur-
suant to Senate Joint Resolution No. 2If, to obtain information and
report to the General Assembly their judgment as to the advisabil-
ity of enacting a law regulating fire insurance rates in this State, and
to pay for other expenses connected with their investigation, and ex-
tending the time for the report of said commission.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That five thousand dollars, or so
much thereof as may be necessary, is hereby appropriated to pay for the
expenses and services of the commission appointed under and pursuant
to Senate Joint Eesolution No. 21, to obtain information and report
to the General Assembly their judgment as to the advisability of enact-
ing a law regulating fire insurance rates in this State, and to pay for
other expenses connected with their investigation, including the ser-
vices and expenses of a stenographer and the expenses attending the
subpoenaing and compelling the attendance of witnesses, the produc-
tion of documents, exhibits and other information and including also
the fees and mileage of such witnesses, which shall be the same as al-
lowed in courts of record : Provided, that the members of said com-
mission shall each receive the sum of $15 and no more for each day
occupied in said investigation, said $15 to cover both their services and
expenses.
§ 2. The Auditor, of Public Accounts is hereby authorized to draw
his warrant upon the State Treasurer .for the sum hereby specified, or
any part thereof, upon the presentation of the proper voucher or
vouchers signed by the Governor, and the Treasurer shall pay the same
out of the money hereby appropriated.
§ 3. Said commission shall file its report on the first day of the
session of the next General Assembly in both houses.
Appeoved June 9, 1909.
APPROPRIATIONS. 55
INVESTIGATIONS— MINING COMMISSION.
§ 4. Reports.
§ 1. Commission appointed by Gover-
nor.
§ 5. Compensation — employes.
§ 6. Appropriates $25,000 — how-
drawn — printing.
§ 2. Power and authority.
§ 3. Meeting's — organization.
(House Bill No. 719. Approved June 10, 1909.)
An Act to establish the Mining Investigating Commission of the State
of Illinois, and prescribing its powers and duties and making an
appropriation therefor.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That a commission be established
to be known as the Mining Investigation Commission of the State of
Illinois, consisting of three coal mine owners and three coal miners ap-
pointed by the Governor., together with three qualified men, no one of
whom shall be identified or affiliated with the interests of either the
mine owners or coal miners or dependent upon the patronage or good
will of either, nor in political life, who shall be appointed by the Gov-
ernor.
Each member of the said commission shall have equal authority, power
and voting strength in considering and acting upon any matters which
may be brought to the attention of the commission and on which the
commission may act and the said commission shall have power and
authority to investigate the methods and conditions of mining coal in
the State of Illinois with special reference to the safety of human lives
and property and the conservation of the coal deposits.
§ 2. In making any investigation as contemplated in this Act, said
commissioners shall have the power to issue subpoenas for the attendance
of witnesses, which shall be under the seal of the commission and signed
by the chairman or secretary of said commission.
In case any person shall willfully fail or refuse to obey such subpoena,
it shall be the duty of the circuit court of any county, upon application
of the said commissioners, to issue an attachment for such witness, and
compel such witness to attend before the commissioners, and give his
testimony upon such .matters as shall be lawfully required by such com-
missioners; and the said court shall have the power to punish for con-
tempt, as in other cases of refusal to obey the process and order of such
court.
The fees of witnesses shall be the same as in courts of record and
shall be paid out of the appropriation hereinafter made.
And upon order duly entered of record by the said commission any
one or more members of the said commission shall be empowered to take
testimony touching the matters within the jurisdiction of the said
commission and report the same to the said- commission.
Said commission shall have power and are authorized to adopt a seal
and to make such rules not inconsistent with or contrary to law for the
government of proceedings before it, as it may deem proper and shall
56 APPROPRIATIONS.
have the same power to enforce such rules and to preserve order and
decorum in its presence as is vested by the common law or statute of this
State in any court of general jurisdiction.
§ 3. Said commission shall meet at the State Capitol building in
Springfield, on the second Tuesday after notice of their appointment
and shall immediately elect a chairman and secretary from among their
number, one of whom shall be a coal mine owner and the other a coal
miner. Said commission shall cause a record to be kept of all its pro-
ceedings.
Five members of the said commission shall constitute a quorum for
the transaction of business, but a less number than a quorum may ad-
journ the meetings of the commission from time to time.
Meetings of the said commission other than called meetings, as pro-
vided for herein, may be held at such times and places within the State
of Illinois, as may be fixed by the said commission.
A meeting of the said commission shall be held upon the written re-
quest of any three members of the said commission signed by them and
delivered to the secretary, who shall, upon request [receipt] of such
request, notify each member of said commission by mail of such meet-
ing so to be held, and the time and place thereof. And no such meeting
shall be held less than five days after the mailing of notice of the said
meeting to the members of said commission by the secretary.
Such called meeting shall be held either in Springfield or Chicago.
§ 4. Said commission shall report to the Governor and to the Gen-
eral Assembly at its next regular session, submitting so far as they have
unanimously agreed, a proposed revision of coal mining laws of the
State, together with such other recommendations as to. the commission
shall seem fit and proper, relating to coal mining in the State of Illinois.
And where there is not unanimous agreement upon any recommenda-
tion there shall be submitted in like manner separate reports embody-
ing the recommendations of any one or more members of the said com-
mission, which said reports shall each set forth in detail the recom-
■ menclation of the commissioner or commissioners signing said report
and shall embody his or their respective reasons for such recommenda-
tion and his or their objections to the reports .of other members of the
commission. Upon the filing of the above mentioned reports, recom-
mendations and objections the duties and functions of said commission
shall cease.
§ 5. The members of said commission who are coal mine owners and
coal miners as aforesaid, shall receive no compensation for their ser-
vices. The remaining three members of the commission shall receive -
as compensation for their services the sum of $10.00 per day for each
day actually employed by them as such commissioners. All members of
the said commission shall be reimbursed for their actual expenses in-
curred in and about the actual work of such commission.
Said commission may appoint a stenographer or clerk and such other
employes as are necessary and shall fix their compensation and may in-
cur such other expenses as are properly incidental to the work of the
commission.
APPROPRIATIONS. 57
§ 6. The sum of twenty-five thousand dollars ($25,000.00), or as
much thereof as may be necessar}r, is hereby appropriated for the post-
age, stationer}r, clerical and expert services, and incidental traveling
expenses of the commission, and. the per diem of members as herein
authorized, and the Auditor of Public Accounts is hereby authorized
to draw his warrant for the foregoing amount, or any part thereof, in
pajanent of any expenses, charges or disbursements authorized by this
Act, on order of this commission, signed by its chairman, attested by
its secretary, .and approved by the Governor.
The State Board of Contracts is hereby authorized and directed to
provide all necessary printing for the mining investigation commission,
and testimony taken by it shall be reported in full and may be published
from time to time by the commission.
Approved June 10, 1909.
INVESTIGATIONS— PUBLIC LAND COMMITTEE.
§ 1. Appropriates $5,000 for special i § 2. How drawn,
purposes and $10,000 for gen-
eral purposes. § 3. Emergency.
(House Bill No. 244. Approved April 19, 1909.)
An Act to provide for the expenses of the committee heretofore author-
ized by joint resolution of the House and Senate of February 24,
1909, to be appointed to investigate the interests of the State of Illi-
nois in certain public lands in said joint resolution referred to, and
making an appropriation of fifteen thousand dollars ($15,000)
therefor.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: For the purpose of paying the ex-
penses hereafter to be incurred by the joint investigating committee to
inquire into the rights of the public in certain lands heretofore author-
ized to be appointed by joint resolution of the House of Representatives
and the Senate of Illinois, which said joint resolution passed the House
of Representatives on February 24, 1909, and passed the Senate of
Illinois on February 24, 1909, and for the purpose of paying the inci-
dental expenditures connected with said investigation, there is here-
by appropriated, for the use of said committee, the sum of fifteen thou-
sand dollars ($15,000), or so much thereof as may be required. Five
thousand dollars ($5,000), of said amount shall only be authorized to
be used by said committee for the purpose of employing engineers,
collecting and compiling data, making maps, plats and diagrams and
in surveying said lands and in procuring abstracts, maps, field notes,
surveys and other records, and in the compilation of engineers' and
surveyors' reports, as required by said joint resolution to be made
to the Governor of the State, and to the Forty-seventh General As-
sembly. Ten thousand dollars ($10,000), of said appropriation shall
be available as hereinbefore stated for the general purposes of said com-
58 APPROPRIATIONS.
mittee. All expenditures of said committee shall be certified to by the
chairman of the said committee and the Speaker of the House of Eepre-
sentatives, or the Lieutenant Governor of Illinois.
§ 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 so certified as
aforesaid, and the State Treasurer shall pay the same out of any funds
in the State treasury not otherwise appropriated.
§ 3. Whereas, The appropriation above cited is necessary for the
expenses incurred in the transaction of the business of the Forty-sixth
General Assembly and it being expedient that said investigation should
be commenced at the earliest possible date, therefore, an emergency
exists, and this Act shall take effect from and after its passage.
Approved April 19, 1909.
investigations— starved rock.
Preamble. § 2. Appropriates $1,000 — how drawn.
§ 1. Appointment — expenses. § 3. Duties — report.
(House Bill No. 430. Approved June 9, 1909.)
An Act for the appointment of a commission to investigate and report
on the preservation of certain lands for public parks for the State of
Illinois, and to make an appropriation to pay the expenses of said
commission.
Whereas, The historical spot where the great tribe of the Illini made
their last stand, surrounded by Indians from the north, and the site
of the Trench fort of Saint Louis, now known as Starved Eock, on the
Illinois river, in LaSalle county, is worthy of being preserved and im-
proved as a public park by the State of Illinois; and,
Whereas, There are other regions within the State of such historic
interest or scenic beauty as to make their acquisition for State parks
desirable :
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the Governor of this State be,
and he is hereby authorized to appoint a commission of five members,
to be known as the Illinois Park Commission. The members of said
commission shall serve without compensation, except that their actual
expenses, when necessarily absent from their homes on said business,
shall be paid.
§ 2. There is hereby appropriated the sum of one thousand dollars
($1,000), for postage, stationery, printing, clerical and expert services,
incidental and traveling expenses of the commission in the discharge of
their duties; and the Auditor of Public Accounts is hereby authorized
to draw his warrant for the foregoing amount, or any part thereof, upon
presentation of itemized statements of such accounts, signed by a ma-
jority of said commission and approved by the Governor.
APPROPRIATIONS. 59
§ 3. The duties of this commission shall be: First — To make an
investigation of Starved Eock and its contiguous territory, to ascertain
its adaptability for the purposes of a State park, and the value of the
property; also to make, at their discretion, a comparative study of other
State parks within Illinois, and the manner in which they are organ-
ized and maintained.
Second — To make to the present General Assembly, or to the Forty-
seventh General Assembly, a report containing such information, sug-
gestions and recommendations respecting Starved Eock and adjacent
territory, and respecting other regions in Illinois desirable for park
purposes, as said commission shall deem advisable.
Approved June 9, 1909.
1. Appointment — expenses — organi-
zation— vacancy,
INVESTIGATIONS — TAX COMMISSION.
§ 3. Duties.
§ 4. Appropriates $15,000.
§ 2. Employes.
(House Bill No. 205. Approved June 9, 1909.)
An Act to provide for a commission to inouire into the subject of tax-
ation for State and local purposes; and the expediency of revising and
amending the laws relating thereto, and making an appropriation
therefor.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That within twenjty clays after this
Act takes effect, there shall be appointed by the Governor a special tax
commission of seven competent persons, whose duty it shall be to inquire
into the subject of assessment and taxation for State and local purposes,
the operation and effect of the laws relating thereto, and the expediency
of revising and amending such laws so as to establish a more equal and
just system of raising necessary public revenues, and to report as here-
inafter provided. '
The members of the commission shall not receive a salary, but each
shall be entitled to his actual and necessary expenses incurred in the
performance of his duties under the provisions of this Act, to be paid
by the State Treasurer on the audit and warrant of the State Auditor,
certified to by the Governor. The said commission shall meet for or-
ganization as soon as may be at a time and place to be fixed by the
Governor, at which time and place they shall elect one of their number
president and one secretary of said commission. In case of a vacancy
in said commission occurring by death, removal, resignation or other-
wise, the same may be filled by appointment by the Governor of the
State.
§ 2. Said commission is herebv authorized and emoowerecl to em-
ploy counsel, experts, stenographers, clerks and such other employes as
may be necessary for the purpose of their investigation and report.
60 APPROPRIATIONS.
§ 3. The duties of said commission shall be as follows: First, they
shall make a careful and complete compilation of all laws bearing upon
the subject of taxation now in force in the State of Illinois and the de-
cisions of the Supreme Court of said State relating to said laws ; second,
they shall procure, classify, and arrange in convenient tabular form
full and pertinent statistics showing as far as practicable the amount
raised by taxation in each county and municipally in the State, and
the rates adopted, the proportion between the true and the assessed
valuation, and such other information in reference to the practical
operation of the present system of taxation in this State as they may
deem important and essential. It shall be the duty of all county and
municipal officers in this State to furnish the commission with such in-
formation as they may require of them; third, they shall thoroughly
investigate all complaints which may be made to them of illegal, unjust
or excessive taxation and shall endeavor to ascertain to what extent and
in what manner, if at all, the present system is defective, unequal and
oppressive; 'fourth, they shall avail themselves of all information af-
forded by the reports of tax commissions of other states,, and shall in-
quire into the system of such county, and municipal taxation in force in
other states, especially those in which new methods of taxation have been
introduced, with a view to ascertaining- what changes, if any, in. the tax
laws of this State are expedient and desirable; fifth, they shall embody
the result of their investigation in a report which shall be as plain, con-
cise and comprehensive as possible. Such report shall be prepared in
proper form for publication, with full index, and shall be transmitted
to the Governor en or before January 15, 1911. Said commission shall
also draft and file with the Governor revenue bills embodying its recom-
mendations, and he shall transmit the same to the General Assemblv
for their action thereon.
§ 4. The sum of fifteen thousand dollars, or so much thereof as may
be necessary, is hereby appropriated out of anv moneys in the State
treasury not otherwise appropriated, to be paid in such manner, and in
such sums, and at such times, as the Governor may certify to the Audi-
tor, who shall draw warrants on the treasurer for the same.
Approver June 9, 1909.
INVESTIGATIONS — TUBERCULIN TEST COMMITTEE.
§ 1. Appropriates $10,000. | § 2. How drawn.
(House Bill No. 699. Approved June 10, 1909.)
An Act to provide for the expenses of the committee authorized .to be
appointed under House Joint Resolution No. 20, adopted by the House,
April lJf, 1909, and concurred in bu the Senate with 'amendments
May 5, 1909, and finally anvroved by the House May 7, 1909, to in-
vestigate into the reliability, e^nency and necessity of adopting the
tuberculin test in the State- of Illinois, and for other purposes, and
making an appropriation of $10,000 therefor.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That for the mirpose of paying the
APPROPRIATIONS. 61
expenses hereafter to be incurred by the joint investigating committee
to be appointed in pursuance of House Joint Resolution Xo. 20, adopted
by the House, April 14, 1909, and concurred in by the Senate May 5,
1909, and finally adopted by the House May 7, 1909, to investigate into
the reliability, efficiency and necessity of adopting the tuberculin test
in the State of Illinois, and for other purposes, and for the purpose of
paying the incidental expenses connected with said investigation, clerk
hire, stenographers' fees and hire, and the actual traveling expenses of
the committee while engaged upon the said work, there is hereby ap-
propriated for the use of said committee the sum of $10,000, or so
much thereof as may be required. All expenditures of said committee
shall be certified to by the chairman of the said committee and the
speaker of the House of Representatives or the Lieutenant Governor of
Illinois.
§ 2.- The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrants upon the State Treasurer for the sum here-
in specified, upon the presentation of proper vouchers so certified as
aforesaid, and the said treasurer shall pay the same out of any funds in
the State treasury not otherwise appropriated.
Approved June 10, 1909.
LIVE STOCK BREEDERS' ASSOCIATION.
§ 1. Appropriates $500 per annum.
§ 2. No compensation to be paid any
officer.
§ 3. How drawn.
§ 4. "Vouchers — annual report.
(House Bill No. 276. Approved June 11, 1909.)
An Act making an appropriation for the Illinois Live Stock Breeders'
Association.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be, and hereby is, appro-
priated to the Illinois Live Stock Breeders' Association the following
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 1909 and 1910.
§ 2. No officer or officers of the Illinois Live Stock Breeders' Asso-
ciation shall be entitled to receive any money compensation whatever for
any service rendered for same.
§ 3. That on the order of the ^resident, countersigned by the secre-
tary of the Illinois Live Stock Breeders' Association and approved by the
Governor, the Auditor of Public Accounts shall draw his warrant on the
Treasurer of the State of Illinois in favor of the treasurer of the Illinois
Live Stock Breeders' Association for the sum herein appropriated. •
§ 4. It shall be the duty of the treasurer of the Illinois Live Stock
Breeders' Association to pay out of said appropriation, on itemized and
receipted vouchers, such sums as may be authorized bT7 said organization,
on the order of the president, countersigned by the secretary, and make
annual report to the Governor of all expenditures, as provided bv law.
Approved June 11, 1909.
62 APPROPRIATIONS.
LIVE STOCK COMMISSIONERS— BIOLOGICAL, LABORATORY.
§ 1. Establishment — free distribution
of products.
§ 4. Appropriates $18,000 for pur-
poses enumerated.
§ 5. How drawn.
§ 2. Location.
§ 3. Management and control.
(House Bill No. 488. Approved June 10, 1909.)
An Act to establish and maintain a laboratory for the production of
hog cholera serum and other biological products for free distribution
to the live stock producers of the State of Illinois, and making an
appropriation therefor.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That there be established in this
State an institution to be known as the "State Biological Laboratory."
The purpose of said institution shall be for the production and manu-
facture of biological products to be distributed free to live stock pro-
ducers in the State of Illinois.
§ 2. The State Board of Live Stock Commissioners shall immed-
iately, after the taking effect of this Act, select a suitable place for the
location of said institution, and shall purchase not less than forty acres
of land for the erection of a laboratory and necessary buildings.
§ 3. The management of said laboratory shall be under the direc-
tion and control of the State Board of Live Stock Commissioners.
§ 4. Tor the purpose of carrying out the provisions of this Act there
is hereby appropriated the sum of four thousand dollars ($4,000.00),
or so much thereof as may be necessary for the purchase of not less than
forty acres of land for the location of said institution; and there is
hereby appropriated the sum of six thousand dollars ($6,000.00) for
the erection of a laboratory and the necessary equipment; and there is
hereby appropriated the sum of four thousand dollars ($4,000.00) per
annum for the employment of necessary exnerts and labor to carry on
the work.
§ 5. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrant on the State Treasurer in payment of the
amounts herein appropriated, upon itemized bills, certified by said com-
mission and annroved by the Governor: but no warrants shall be drawn
for the purchase of the land herein authorized until the abstract and
deed of conveyance are approved by the Attorney General.
Approved June 10, 1909.
LIVE STOCK COMMISSIONERS — DEFICIENCY.
§ 1. Appropriates $2,000. I § 3. Emergency.
§ 2. How drawn.
(Senate Bill No. 345. Approved June 8, 1909.)
An Act making an appropriation to provide for a deficiency in the or-
dinary and contingent expenses of the State Board of Live Stock Com-
missioners.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of two thousand dol-
APPROPRIATIONS. 63
lars ($2,000.00), or so much thereof as may be needed, be and is here-
by appropriated to meet a deficiency in the ordinary and contingent ex-
penses of the State Board of Live Stock Commissioners, to-wit:
Deficiency in the appropriation for paying damages for animals
diseased or exposed to contagion, slaughtered ; for per diem and
traveling expenses of assistant State veterinarians and special
agents; for property necessarily destroyed or disinfection of
premises, when snch disinfection is practicable under any law
of this State for the suppression and prevention of the spread
of contagious and infectious diseases among domestic ani-
mals, the sum of ., $2,000
§ 2. The Auditor of Public Accounts is hereby authorized to draw
his warrants for the above amounts upon the State Treasurer, upon
vouchers certified by the Board of Live Stock Commissioners, and ap-
proved by the Governor.
§ 3. Whereas, An emergency exists, therefore this Act shall take
effect and be in force from and after its passage.
Approved June 8, 1909.
MILK PRODUCERS' INSTITUTE.
§ 1. Appropriates $500 per annum — how drawn.
(House Bill No. 290. Approved June 11, 1909.)
An Act to make an appropriation to the State Milk Producers' In-
stitute. An Act to appropriate $1,000 for the Milk Producers' In-
stitute of Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly': That the sum of $500.00 per annum
for the years of 1909 and 1910 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 authorized to draw
his warrant for same and deliver to the treasurer of the Illinois State
Milk Producers' Institute upon his presenting proper receipts therefor,
certified by the president and secretary of said association, said amount
to be used for the purpose of holding the annual convention and in-
stitute of said association and for the purpose of educating and instruct-
ing 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 interest of the Illinois State Milk Producers' Institute.
Approved June 11, 1909.
6-i APPROPRIATIONS.
NATIONAL GUARD — ARMORY, CHICAGO, 7TH INFANTRY.
§ 1. Appropriates $15,000. • | § 2. How drawn.
(Senate Bill No. 428. Appeoved June 8, 1909.)
An Act to appropriate fifteen thousand dollars ($15,000.00) or so much
thereof as may be necessary for the purpose of paying for additional,
improvements for and in connection with the construction of the
Seventh Infantry, Illinois National Guard, Armory, situated in the
city of Chicago, State of Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of fifteen thousand dol-
lars ($15,000.00), or so much thereof as may be necessary is hereby ap-
propriated for the purpose of paying for additional improvements for and
in connection with the construction of the Seventh Infantry, Illinois
National Guard, Armory, situated in the city of Chicago, State of Illi-
nois, and for the purpose of constructing an additional story over the
boiler, fan and toilet room for target practice and installing fan system,
finishing four rooms in towers, purchasino* individual enlisted men's
lockers, and for such other and further improvements as the Adjutant
General may determine.
§ 2. The Auditor of Public Accounts .is hereby authorized and di-
rected to draw his warrant for the sum herein specified, upon the presen-
tation of proper vouchers, certified to by the Adjutant General and ap-
proved by the Governor, and the Treasurer shall pay the sum of money
hereby appropriated.
Approved June 8, 1909.
NATIONAL GUARD— CAMP LINCOLN.
§ 1. Appropriates $6,200 for improve- I § 2. How drawn,
ments.
(House Bill No. 127. Approved June 11, 1909.)
An Act to provide for Improvements at Camp Lincoln, Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of six thousand two
hundred dollars ($6,200.00), or so much thereof as may be necessary,
is hereby appropriated to pay for the repair of target butts, erection
of backstop, grading and other necessary improvements at Camp Lin-
coln.
§ -2. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrant for. the sum herein specified, upon the presen-
tation of proper vouchers, certified to by the Adjutant General and ap-
proved by the Governor, and the treasurer shall pay the same out of any
money hereby appropriated.
Approved June 11, 1909.
APPROPRIATIONS. G5
„ NATIONAL, GUARD — CAMP LOGAN.
y
§ 1. Appropriates $20,750 for im- I § 2. How drawn,
provements.
(House Bill No. 126. Approved June 11, 1909.)
An Act to provide for improvements at Camp Logan, Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of twenty thousand
seven hundred fifty dollars ($20,750), or so much thereof as may be
necessary is hereby appropriated to pay for barracks, buildings, pistol
butts, targets, cement sidewalks, grading, dredging, drainage ditch and
other necessary improvements at Camp Logan.
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrant for the sum herein specified, upon the
presentation of oroper vouchers, certified to bv the Adjutant' General
and approved hj the Governor, and the Treasurer shall pay the same out
of the money hereby appropriated.
Approved June 11, 1909.
NATIONAL GUARD AND NAVAL RESERVE— ORDINARY AND CONTINGENT.
§ 1. Appropriates $350,272 per an- -I § 2. How drawn,
num for items enumerated —
$50,000 for emergency fund.
(House Bill No. 124. Approved June 11, 1909.)
An Act to provide for the ordinary and contingent, expenses of the]
Illinois National Guard and Illinois Naval Reserve.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That three hundred fifty thousand
two hundred and seventy-two dollars ($350,272) per annum, or so
much thereof as may be necessary, is hereby appropriated to pay the
ordinary and contingent expenses of the Illinois National Guard and
Illinois Naval Keserve.
Transportation, subsistence, camp pay, officers and men un-
der orders ' $142,772 00
Horse hire and forage 12,500 00
Medical supplies, fuel for camp, coal and [for] steaming
Dorothea, naval supplies, general expenses, engine room
repairs and supplies 7,500 00
Inspection of companies at home stations, boards of ex-
aminers, survey and court martial 6,000 00
Lighting camp, laundering bedsa.cks.and blankets, telephones,
general repairs and incidentals 3,500 00
Target practice, ammunition, transportation, repairs and
general expense on rifle range 27,500 00
Civilian employes 10,000 00
-5 L
6G APPROPRIATIONS.
Horses for drills $5,000 00
Armory rents, water, light, fuel, janitor service incidentals
necessary to maintenance of armories 130,000 00
Miscellaneous expenditures 5,500 00
Total $350,272 00
That the further sum of fifty thousand dollars ($50,000) is hereby
appropriated as an emergency fund to be used by the Governor in cases
of emergency when the Illinois National Guard or Illinois Naval Ke-
serve are called into active duty by the Governor to protect the life and
property of the citizens of the State. No portion of said sum shall be
expended or paid except upon the express order of the Governor.
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected 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 11, 1909.
NATIONAL GUARD AND NAVAL RESERVE — OVERCOATS AND UNIFORMS.
§ 1. Appropriates $81,495. | §2. How drawn.
(House Bill No. 125. Approved June 11, 1909.)
An Act to provide for the purchase of overcoats and dress and service
uniforms for the Illinois National Guard and Illinois Naval Reserve.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of eighty-one thousand
four hundred ninety-five dollars ($81,495.00), or so much thereof
as may be necessary, is hereby appropriated to pay for the manufacture
and purchase of overcoats and dress and service uniforms for the Illi-
nois National Guard and Illinois Naval Eeserve.
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected 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 11, 1909.
NAVAL MILITIA— U. S. S. NASHVILLE.
§ 1. Appropriates $7,673 for purposes § 3. Emergency.
enumerated
§ 2. How drawn.
(House Bill No. 171. Approved April 17, 1909.)
An Act to provide for the expenses of the voyage of the U. S. S. Nash-
ville, from the navy yard, Boston, Mass., to Chicago, Illinois.
Section 1. Beit enacted by the People of the State of Illinois rep-
resented in the General Assembly: That seven thousand six hundred
APPROPRIATIONS. 67
seventy-three dollars, or as much thereof as may be necessary, is hereby
appropriated to pay the expenses of the voyage of the U. S. S. Nash-
ville, from the navy yard, Boston, Massachusetts, to Chicago, Illinois.
Transportation, 81 officers and men, Chicago to Boston, and
subsistence en route $1,863 00
Subsistence for 25 days '. 810 00
Coal (400) tons 1,600 00
Pilotage, Boston to Buffalo (compulsorv) 450 00
Canal tolls . ' 250 00
Pay of officers and men 2,700 00
$7,673 00
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected 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.
§ 3. Whereas, An emergency exists, therefore this Act shall be in
force from and after the date of its passage and approval.
Approved April 17, 1909.
PENAL AND REFORMATORY — SOUTHERN PENITENTIARY.
§ 1. Appropriates $180,000 per annum § 2. How drawn,
for ordinary expenses — $3 4,-
700 for items enumerated.
(Senate Bill No. 355. Approved June 11, 1909.)
An Act making appropriations for the Southern Illinois Penitentiary
at Chester.
Section 1. 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 Southern Illinois Penitentiary at Chester for the purpose
hereinafter named and no other:
For ordinary expenses of the penitentiary and for the expenses of
the commissioners and officers for the two years ending June 30, 1911,
$180,000.00 per annum.
Por maintaining library and furnishing chapel, $350.00 per annum.
For expenses enforcing parole law, $5,000.00 per annum.
For repairs and refurnishing, $5,000.00 per annum.
For replacing water mains and improvements of reservoir, $4,000.00.
For completing the stone wall around prison yard, $10,000.00.
§ 2. The Auditor of Public Accounts is hereby authorized to draw
his warrants upon the State Treasurer for the moneys herein appropri-
ated, upon the order of the board of commissioners of said penitentiary,
attested by its secretary, with the seal of the institution attached, and
approved by the Governor.
Approved June 11, 1909
68 APPROPRIATIONS.
PENAL AND REFORMATORY — STATE PENITENTIARY.
§ 1. Appropriates $265,000 per annum for ordinary expenses and $32,500 for pur-
poses enumerated — how drawn.
(Senate Bill No. 262. Approved June 11, 190a.)
An Act to make appropriation for ordinary and other expenses of the
Illinois State Penitentiary at Joliet.
Section 1. 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 and for the expenses of the commis-
sioners and officers, for the year ending June 30, 1910. .... $265,00 J
For ordinary expenses and for the expenses of the commis-
sioners and officers for the year ending June 30, 1911 . . . 265,000
For meeting the expenses of maintaining and operating the
parole system, the sum of ten thousand [dollars] per an-
num 20,000
For painting, relaying floors, renewing roofs and walls of build-
ings, renewing and rebuilding steam and water pipes, en-
gines, boilers and machinery, and to make such other repairs
and renewals as may be required to keep said prison plant
in ordinary repair, the sum of $6,250 per annum 12,500
The Auditor of Public Accounts is hereby authorized to draw his
warrant upon the Treasurer of the State for the moneys hereinbefore
appropriated, upon the order of the board of commissioners of said
penitentiary, signed by the president and attested by the secretary, with
the seal of the institution attached, and approved by the Governor.
Approved June 11, 1909.
PENAL AND REFORMATORY — STATE REFORMATORY.
§ 1. Appropriates $200,000 per annum | § 2. How drawn,
for ordinary expenses $61,-
300 for purposes enumerated.
(Senate Bill No. 326. Approved June 11, 1909.)
An Act to make appropriations for ordinary and other expenses of the
Illinois State Reformatory at Pontiae.
Section 1. 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 Reformatory, at Pontiae, for the purposes
hereinafter named and no other :
For ordinary expenses of the reformatory and expenses of the
board of managers for the }'ear ending June 30, 1910 .... $200,000
For ordinary expenses of the reformatory and expenses of the
board of managers for the year ending June 30, 1911 200,000
For maintaining parole system, $10,000 per annum 20,000
APPROPRIATIONS. 69
For maintenance of electric lights, telephone, telegraph and
fire alarm system, $1,000 per annum $2,000
For material for trade school instruction, $2,500 per annum. 5,000
For purchase and installation of water, instruments and dress-
ing sterilizers, fracture bed and other hospital beds 1,500
For school books for inmates, $600 per annum 1,200
For school seats, desks, charts, reference books, etc 500
For extension and equipment of library, $500 per annum . . 1,000
For repair of farm buildings, purchase of cows, horses and ma-
terial for building one hog house for breeding purposes . . . 2,500
For lectures, entertainments, concerts, etc., $600 per annum. . 1,200
For maintenance and extension of Manual Training School,
$5,000 per annum 10,000
For partial construction of a wall around the institution to take
the place of the old board fence now in use, the sum of . . . . 10,000
For remodeling the administration building and placing fire
escapes, an additional sum of 6,000
For maintenance of Y. M. C. A., $200 per annum 400
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected 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
managers of said reformatory, 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
he due and payable to said institution until a detailed statement of re-
ceipts from all sources, together with a detailed statement of the ex-
penditures, 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 state-
ment is made, the total amounts received and expended, and the bal-
ance 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 warrants on the State Treasurer for the sum hereby appro-
priated for special purposes, upon the order of the board of managers,
when accompanied by itemized bills of particulars, signed by the presi-
dent and attested by the secretary, with the seal of the institution and
approval of the Governor thereto attached, certifying that the expen-
ditures mentioned in said bills of particulars has been made and that
the amount is due and payable.
Approved June 11, 1909.
70 APPROPRIATIONS.
PENITENTIARY COMMISSION — NEW BUILDINGS.
§ 1. Re-appropriates $500,000 for
purposes expressed in Act of
1907 — how drawn.
Appropriates $100,000 out of cer-
tain funds of State Penitenti-
ary and State Reformatory —
how drawn. ,
(Senate Bill No. 520. Approved June 11, 1909.)
An Act making an appropriation 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.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That five hundred thousand dol-
lars ($500,000), or so much thereof as may be necessary, of the sum
heretofore appropriated by an Act entitled, "An Act creating a com-
mission 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," approved June .5, 1907,
in force July 1, 1907, and remaining unexpended at the expiration of
the first fiscal quarter after the adjournment of the Forty-sixth Gen-
eral Assembly, and not otherwise appropriated, is hereby re-appropria-
ted for the purposes expressed in said Act, to be paid out of the State
treasury for said purposes, and in the manner in said Act provided.
§ 2. That in addition to the sum herein appropriated by section 1
of this Act, the further sum of one hundred thousand dollars ($100,000)
or so much thereof as may be necessary, is hereby appropriated out of
any unexpended moneys heretofore or hereafter received by the warden
of the Illinois State Penitentiarv and the general superintendent of the
Illinois State Beformatory, as proceeds of the labor of the prisoners in
said Illinois State Penitentiary and said Illinois State Beformatory,
and of the sales of articles manufactured by them therein for the pur-
poses mentioned in section 1 of this Act.
Not exceeding seventy-five thousand dollars ($75,000) of the amount
appropriated by this section shall be taken from the fund arising from
the labor of the prisoners and of the sales of articles manufactured by
them, in the Illinois State Penitentiary, and not exceeding twenty-five
thousand dollars ($25,000) from the fund arising from the labor of
prisoners and of the sales of articles manufactured by them in the Illi-
nois Statue Beformatory. It shall be the duty of the warden of the
Illinois State Penitentiary and the general superintendent of the Illi-
nois State Beformatory and the Board of Prison Industries of Illinois
to pay the moneys, or any part thereof, herein appropriated by this
section to the Penitentiary Commission, upon the demand in writing,
signed by a majority of the said the Penitentiary Commission.
Approved June 11, 1909.
APPROPRIATIONS.
71
PORTRAIT OF PATRICK HENRY.
Preamble. I § 1. Appropriates $1,000 — how drawn.
(Senate Bill No. 27. Approved June 11, 1909.)
An Act to appropriate one thousand dollars ($1,000) for purchase of
portrait of Patrick Henry.
Whereas, Patrick Henry., a Governor of Virginia, commissioned Gen-
eral George Sogers Clark to secure for and maintain to the United
States that great domain bounded by the Great Lakes and the Ohio and
Mississippi rivers, afterwards known and denominated as the North-
west Territory. Of this, Illinois, a component part, was first organized
as a county of Virginia, and as such its destinies were presided over by
Patrick Henry, who was thus the first Governor of the territory after
it came under the control of the United Colonies; therefore,
Section 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly: That there is hereby ap-
propriated from the money in the State treasury the sum of one thou-
sand ($1,000), or so much thereof as may be necessary, to have painted
and framed a portrait of Patrick Henry, to be placed in the executive
office of the State House, to be paid on the order of the Secertary of
State, and approved by the Governor.
Approved June 11, 1909.
POULTRY ASSOCIATION.
§ 1. Appropriates $1,000 per annum.
§ 2. Officers not to receive compensa-
tion.
§ 3. How drawn.
§ 4. Vouchers — annual report.
(House Bill No. 32. Approved June 11, 1909.)
An Act making an appropriation for the Illinois State Poultry Asso-
ciation.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the sum of one thousand dol-
lars ($1,000) per annum for the years 1909 and 1910 be and is hereby
appropriated out of any money in the State treasury not otherwise ap-
propriated, for the use and benefit of the Illinois State Poultry Associa-
tion; said amount to be used for the purpose of paying premiums, pro-
viding uniform coops, and defraying the expenses incurred in holding
annual meetings, and for such other purposes as in the judgment of
said association, shall best subserve the poultry interests in the State
of Illinois.
§ 2. No officer or officers of the Illinois State Poultry Association
shall be entitled to or receive any moneyed compensation whatever for
any service rendered for the same.
§ 3. The Auditor of Public Accounts is hereby authorized to draw
his warrant for the same and deliver it to the treasurer of the Illinois
State Poultry Association, upon his presenting proper itemized vouch-
ers therefor, certified to by the president and secretary of said asso-
ciation under seal of such corporation.
APPROPRIATIONS.
§ 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 re-
ceipted vouchers, such sums as may be authorized by vote of said organ-
ization 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 11, 1909.
PRINTING, BINDING, PAPER AND STATIONERY — DEFICIENCY.
§ 4. How drawn.
§ 5. Emergency.
§ 1. Appropriates $20,000 for public
printing.
§ 2. Appropriates $15,000 for public
binding.
§ 3. Appropriates $12,000 for printing
paper and stationery.
(House Bill No. 109. Approved April 19, 1909.)
An Act making an appropriation to meet the deficiency in the appro-
priation for the payment of public printing and binding for the pur-
chase of printing paper and stationery under contract by the State
of Illinois.
Whereas , The Forty- fifth General Assembly, in making the appro-
priations for public printing and binding for the purchase of printing
paper and stationery, could not know the large amount of public print-
ing and binding and printing paper and stationery that would be neces-
sary for the use of the Forty-fifth General Assembly in its prolonged
session; and
Whereas, Since the adjournment of the Forty-fifth General Assem-
bly new contracts for printing and binding have been enter&d into by
the State and thereby very large! y increasing the cost of its public print-
ing and binding; therefore,
Section 1. Be it enacted by the People of the State of Illinois repr-
esented in the General Assembly: That the sum of $20,000, be, and is
hereby appropriated to the Board of Commissioners of State Contracts
to meet the deficiency in the appropriation for the public printing of
the State.
§ 2. That the sum of $15,000, 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 contract.
§ 3. That the sum of $12,000, be, and is hereby appropriated to the
Board of Commissioners of State Contracts to meet the deficiency in
the appropriation for the purchase of printing paper and stationery.
§ 4. 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 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.
APPROPRIATIONS. 73
§ 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 April .19, 1909.
RELIEF — ALBERT W. LEIDEL.
Preamble. I § 1. Appropriates $3,000.
(House Bill No. 432. Approved June 16, 1909.)
An Act for the relief of Albert W. Leidel.
Whereas, Albert W. Leidel, while on duty as a keeper at the South-
ern Illinois Penitentiary, in charge of a gang of prisoners and employed
by the State of Illinois, received severe personal injuries as the result
of a caving in of some dirt in a rock quarry, on the 20th day of Feb-
ruary, A. D. 1905, the injuries being permanent and totally disabling
and received while in the line of duty as an employe of the State; there-
fore,
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That the Auditor of Public Ac-
counts be, and he is hereby directed to draw his warrant on the State
treasury, in favor of the said Albert W. Leidel for the sum of three
-thousand dollars ($3,000) on the first day of July, A. D. 1909, the said
sum to be paid out of any moneys in the State treasury not otherwise
appropriated.
Approved June 16, 1909.
RELIEF — EARTHQUAKE SUFFERERS IN ITALY AND SICILY.
§ 3. How drawn.
§ 4. Emergency.
Preamble.
§ 1. Appropriates $10,000.
:§ 2. Governor to appoint commission
of three persons.
(Senate Bill No. 16. Approved February 1, 1909.)
An Act for the relief of the suffering and destitute people of southern
Italy and Sicily.
Whereas, A most appalling calamity has overtaken southern Italy
and Sicily, earthquake, flood and fire devasting a wide territory and
-causing an unprecedented loss of life and property; and,
Whereas, Funds are more effective than sympathy; therefore, be it
Resolved, That the following bill appropriating $10,000 for the relief
•of the suffering and destitute people of southern Italy and Sicily be
enacted into law.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That the sum of ten thousand dol-
lars ($10,000) be, and the same is hereby, appropriated out of any money
in the State treasury not otherwise appropriated, for the relief of the
-suffering and destitute people of southern Italy and Sicily.
74 APPROPRIATIONS.
§ 2. The Governor of the State of Illinois is hereby authorized to
appoint a commission of three persons, who shall serve without compen-
sation, to receive from the State Treasurer and pay over to the proper
authorities in southern Italy and Sicily for distribution to the suffering
people, tae moneys hereby appropriated.
§ 3. The Auditor of Public Accounts is hereby authorized to draw
his warrant for the sum of ten thousand dollars ($10,000), payable to
the commission so appointed by the Governor, and the treasurer of the
State is hereby directed to pay the same to said commission, and the
said commission is hereby authorized and directed to pay said money
to such authorities of southern Italy and Sicily as may be authorized to
receive and distribute moneys for charitable purposes, and the same
shall be received .and distributed to the suffering and destitute people
of southern Italy and Sicily.
§ 4. Whereas, The suffering is great and immediate aid is neces-
sary, therefore an emergency exists, and this Act shall be in force and
effect from and after its passage.
Approved February 1, 1909.
RELIEF— WIDOW OF PAUL I. ZAABBL.
§ 1. Appropriates $1,000 — how drawn. — § 2. Emergency.
(House Bill No. 254. Approved April 19, 1909.)
An Act making an appropriation of the amount of the uncollected sal-
ary of Paul I. Zaabel, deceased member of the Forty-sixth General
Assembly in favor of the widow.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That the sum of one thousand dol-
lars ($1,000) be and the same is hereby appropriated out of any funds
in the State treasury not otherwise appropriated, and directed to be
paid by the Treasurer upon the warrant of the Auditor of Public Ac-
counts, to Wally Zaabel, the widow of Paul I. Zaabel, deceased member
of the Forty-sixth General Assembly of the State of Illinois.
§ 2. Wpiereas, An emergency exists, therefore this Act shall take
effect and be in force from and after its passage.
Approved April 19, 1909.
APPROPRIATIONS .
75
STATE GOVERNMENT — GENERAL EXPENSES.
§ 1. Makes appropriations for ordi-
nary and contingent expenses
as follows :
1. Governor — Contingent
fund $5,000 per an-
num.
2. Secretaries, clerks, sten-
ographers, messen-
ger and janitor, $12,-
000 per annum.
3. Department and institu-
tion auditor, assist-
ant and expenses,
$6,700 per annum.
4. Postage, expressage, tel-
egrahing, traveling
expenses, etc., $6,000
per annum.
5. Executive mansion — in-
cidentals, $9,000 per
annum ; repairs, etc.,
$4,000.
Illinois Central Rail-
road investigation —
unexpended balance.
6. Lieutenant Governor —
Secretary, stenogra-
pher, etc., $3,400 per
annum.
7. Secretary op State —
Clerks, stenographers,
janitors, police, por-
ters, messengers and
other employes, pos-
tage, express and in-
cidentals, $136,560
per annum.
8. Fuel, repairs and inciden-
tals for buildings,
$15,500 per annum.
9. Supreme court reports,
the sum required by
law.
10. Flags, $200.
11. State library, salaries,
books and incidentals
$S,700 per annum.
12. Copying laws, etc., $300 ;
express and postage
$2,000 per annum.
13. Redecorating House and
Senate chambers, $6,-
500.
14. Blue Book, $2,000.
15. New furniture for House
and Senate chamber,
$23,000.
15y2. Automobile department,
necessary sum from
fees for license tags,
etc.
16. State Contracts — Print-
ing paper and sta-
tionery. $80,000.
17. Printing, $100,000; bind-
ing, $40,000 ; histor-
ical collections, $10,-
000.
IS. Auditor — Clerks, stenog-
raphers, messenger,
janitors, express and
incidentals, $33,800
per annum.
19. Conveying juvenile offen-
ders to State schools,
$14,000 per annum.
20. Conveying convicts to
and from penitentiar-
ies, $20,000 per an-
num.
21. Conveying offenders to
and from reforma-
tory, $15,000 per an-
num.
22. Fugitives from justice,
$20,000 per annum
and $2,000.
23. State suits, $500 per an-
num.
24. Board of Equalization
— Expenses $10,000
per annum.
25. Auditor — File cases, $4,-
400 ; interest on
school fund $57,000
per annum.
26. Transfer of insane, $2,-
000, per annum.
27. Distributable school fund
$1,000,000 per an-
num.
28. Attorney General — As-
sistants, clerks, sten-
ographers, janitor,
rent, incidental ex-
penses, official duties,
taxes, suits, etc.,
$7S,320 per annum
and $75,400.
2 9. State Treasurer —
Clerks, stenographers,
messenger, watchmen,
collection of inherit-
ance tax, interest on
public funds and reg-
istered bonds, inci-
dentals, surety bonds,
etc., $59,000 per an-
num; fixtures, $2,000.
30. Necessary amount to re-
fund taxes collected
in error.
31. Superintendent of Pub-
lic Instruction — As-'
sistants, clerks, sten-
ographers, janitor,
postage, etc., $14,000
per annum, work of
Fduoational Commis-
sion, $5,000.
32. Adjutant General —
Clerks and other em-
ployes, in office,
memorial hall, ar-
senal, Camp Lincoln,
incidentals, etc., $11,-
640 per annum.
33. Board of Charities —
Clerk's salary, cleri-
cal services, and mis-
cellaneous expenses,
$21,350 per annum;
filing cases, $500.
7C
APPROPRIATIONS.
STATE GOVERNMENT-GENERAL EXPENSES- Continued.
3 4. Supreme Court — Books,
reports, repairs, in-
cidentals, salaries of
librarian and other
employes, $28,900 per
annum.
35. Clerk Supreme Court—
Janitor, $8 00 per an-
num.
3 6. Appellate Court, First
District — Office rent,
books, reports, em-
ployes and inciden-
tals, $17,550 per an-
num ; furniture, fil-
ing cases, etc., $975.
3 7. Appellate Court,, Sec-
ond District — Inci-
dentals, books, librar-
ian and stenographer
$5.00v) per annum;
deficiency, $1,975.
38. Appellate Court, Third
District — - Inciden-
tals, $1,000 per an-
num.
39. Appellate Court, Fourth
District — Librarian
and incidentals, $2,-
850 per annum; re-
binding law books,
$250.
40. Appellate Courts — Jan-
itors and stenogra-
phers, $5,700 per an-
num.
41. Railroad and Ware-
house Commission-
ers— Secretary, em-
ployes, office and
officers' e x p e n s es,
suits, maps, sched-
ules, experts, etc.,
$22,600 per annum.
42. Museum of Natural His-
tory — Curator, em-
ployes, and office ex-
penses, $5,700 per an-
num ; books and
cases, $1,500.
43. Commissioners of Labor
— Clerical services,
special agents, inci-
dentals, etc., $11,000
per annum.
44. Mining Board — Per diem,
expenses and stenog-
rapher, $6,000 per an-
num.
45. Mine Inspectors — Actual
expenses, $6,000 per
annum.
46. Free Employment Of-
fices — ■ Employes,
rent, general and in-
cidental expenses,
$20,830 per annum;
furniture, etc., $320.
47. Fish Commissioners — ■
Salaries, expenses,
maintenance, e t c,
$29,000 per annum.
48. General Assembly, 47th,
— C ommittee ex-
penses, $2,000.
49. Live Stock Commission-
ers.— Employes, vet-
erinarians, agents,
traveling and inci-
dental expenses, dam-
ages, etc., $31,920 per
annum and $25,000.
50. Insurance Superintend-
ent— Actuary, clerk
hire, legal services,
incidentals, etc., $52,-
325 per annum.
51. Lincoln Homestead —
Custodian, repairs,
etc., $1,575 per an-
num.
52. Lincoln Monument —
Custodian, fuel, in-
cidentals, etc., $2,750
per annum.
53. Historical Library' —
Books, employes,
maintenance, etc.,
$1?,840 per annum.
5 4. Supreme Court Reporter
— Expenses, custo-
dian and messenger,
$1,920 per annum.
5 5. Factory Inspector —
Rent, employes, trav-
eling and incidental
expenses, $24,000 per
annum.
56. Board of Arbitration —
Traveling and inci-
dental expenses, rent,
clerk hire, etc., $5,000
per annum.
57. Board of Pardons —
Employes and inci-
dentals, $2,200 per
annum.
58. Natural History Labor-
atory— Survey, speci-
mens, bulletins, etc..
$9,500 per annum ;
Illinois specimens.
$1,000.
5 9. State Entomologist —
General and special
expenses, $21,000 per
annum.
Fort Massac Trus-
tees— Custodian and
general expenses, $3,-
100 per annum; pa-
vilion, $3,000.
60. Board of Health - —
Secretary. clerks,
office and other ex-
p e n s e s, investiga-
tions, inspections,
anti-toxin, etc., $61,-
000 per annum and
$32,500.
61. Food Commissioner —
Unexpended balance
and $30,000 for em-
ployes, rent, office
and incidental ex-
penses.
62. Highway Commission —
Experimental work,
statistics and other
expenses, $65,000 per
annum.
APPROPRIATIONS.
77
STATE GOVERNMENT-GENERAL EXPENSES— Concluded
Shabonna Park Monu-
ment— Repairs and
improvements, $1,000.
Occupational Diseases
Commission — Mis-
cellaneous expenses,
$15,000.
Internal Improvement
Commission — Re-
moving- dams, survey,
expenses, etc., $30,-
000.
Commitment of Con-
victs COMMISSSION
Expenses, $500.
How drawn — certification of pay
rolls, traveling' expenses and
other bills — -when Auditor to
refuse warrant;
G9.
(0.
71.
63. Civil Service Commis-
sion — Employes,
office and incidental
"expenses, $10,380 per
annum.
64. Board of Prison Indus-
tries— Salaries, office
and traveling- ex-
penses, $16,000 per
annum.
65. Geological Commission
— Extension of sur-
vey, maps, reports,
etc., $27,500 per an-
num and $7,500.
University of Illi-
nois — Clay working,
ceramics, etc., $12,-
500 per annum.
66. Interest on endowment
fund, $65,000.
67. Orville F. Be^ry, $1,-
500 ; Ross C. Hall
and Geo. A. Cooke,
$1,500; Lyman E.
Cooley, $4,517.21.
(House Bill No. 730. Approved June 16, 1909.)
An Act to provide for the ordinary and- contingent expenses of the
State Government until the expiraiion of the fiscal quarter after the
adjournment of the next regular session of the General Assembly.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That the following named sums, or
so much thereof as may be necessary, respectively, for the purposes
hereinafter named, be, and are hereby, appropriated to meet the ordin-
ary and contingent expenses of the State government, until the expira-
tion of the first fiscal quarter after the adjournment of the next Gen-
eral Assembly :
First — A sum not to exceed $5,000 per annum shall be subject to the
order of the Governor for the purpose of defraying such public ex-
penses of the State government as are unforseen by the General As-
sembly, and not otherwise provided for by law.
Second — To the Governor,- the sum of $12,000 per annum for secre-
taries to the Governor, for the performance of such official duties of the
Governor as may be required of them, and for the executive clerk, index
and general clerk, stenographer, assistant stenographer, messenger and
janitor; payable monthly, as hereinafter named.
Third — To the Governor, the sum of $4,000 per annum for Depart-
ment and Institution iiuditor; for his assistant, $1,200 per annum;
and for his traveling and necessary expenses, the sum of $1,500 per
annum.
Fourth — To the Governor, the further sum not to exceed $6,000 per
annum for postage-, expressage, telegraphing, telephoning, traveling
expenses and other expenses connected with the Governor's office, pay-
able as hereinafter named.
Fifth — To the Governor, for the care of the Executive Mansion and
grounds, and for heating, lighting, expenses of public receptions, wages
78 APPROPRIATIONS.
and sustenance of employes, stable expense and other incidental ex-
penses of the Executive Mansion, the sum of $9,000.00 per annum. For
repairs, improvements and refurnishing at the Executive Mansion and
improvement of grounds, $4,000.00.
To the Governor, for the purpose of carrying out the provisions of
an Act entitled, "An Act making an appropriation to the Governor to
be used in the investigation and examination of the books, records, reports
and accounts of the Illinois Central Eailroad Compan}r," approved March
19, 1907, in force March 19, 1907, so much of the said sum of one
hundred thousand dollars ($100,000) appropriated in and by said Act
for the purpose in said Act specified, as shall not be expended on or be-
fore the thirtieth day of September, A. D. 1909, is hereby reappropri-
ated from the* State treasury of Illinois for the purposes specified in
said Act, the same to be expended and paid out in accordance with the
provisions of said Act.
Sixth — To the Lieutenant Governor, for private secretary, sten-
ographer, janitor and for postage, telegraphing, stationery, and all
other incidental expenses, the sum of $3,400 per annum.
Seventh — To the Secretary of State, for clerk hire in his office, the
following sums : For chief clerk, $3,000 per annum ; for one assistant
chief clerk, $2,700 per annum; for one chief corporation clerk, $2,200
per annum; for one corporation clerk, $1,800 per annum; for one cor-
poration clerk, $1,500 per annum; for one corporation clerk, $1,200 per
annum; for one foreign corporation clerk, $1,800 per annum; for one
executive clerk, $2,100 per annum; for one assistant executive clerk,
$900 per annum; for one index clerk, $2,100 per annum; for one assist-
ant index clerk, $1,500 per annum; for one assistant index clerk, $900
per annum; for one anti-trust clerk, $2,000 per annum; for one assist-
ant anti-trust clerk, $1,500 per annum; for one assistant anti-trust
clerk, $1,200 per annum; for one assistant anti-trust clerk, $1,000 per
annum; for one assistant anti-trust clerk, $1,000 [per annum] ; for one
shipping clerk, $2,000 per annum; for one shipping clerk, $1,800 per
annum; for one shipping clerk, $1,200 per annum; for one shipping
clerk and janitor, $1,200 per annum; for extra clerical services, $2,800
per annum; for one private secretary and stenographer, $2,100 per an-
num; for one automobile clerk, $1,200 per annum; for one supply clerk,
$2,100 per annum; for one assistant supply clerk, $1,500 per annum;
for one property clerk, $900 per annum; for six stenographers and type-
writers, $1,200 each per annum, $7,200 per annum; for one bookkeeper,
$1,600 per annum; for three porters and messengers, $1,020 each per
annum, $3,060 per annum; for one superintendent of capitol building
and grounds, $2,400 per annum; for one assistant superintendent of cap-
itol building and grounds, $1,500 per annum; for two carpenters, $1,000
each per annum, $2,000 per annum; for nine policemen, $800 each per
annum, $7,200 per annum; for four elevator conductors, $800 each per
annum, $3,200 per annum; for eighteen janitors, $800 each per an-
num, $14,400 per annum; for one janitress, $800 per annum; for one
nag-man, $800 per annum; for one chief engineer, $1,500 per annum;
APPROPRIATIONS. 79
for two assistant engineers, $1,200 each per annum, $2,400 per annum;
for twelve firemen, $900 each per annum, $10,800 per annum; for one
weigher, $1,000 per annum ; for one chief electrician, $1,500 per an-
num; for three assistant electricians, $1,200 each per annum, $3,600 per
annum; for one janitor and helper in lighting plant, $900 per annum;
payable upon monthly pay-rolls certified to by the Secretary of State;
for expenses in connection with the corporation department, the sum
of $3,500 per annum ; to the Secretary of State, for postage, expressage,
telegraphing and other incidental expenses of his office, $5,000 per an-
num; and for the jDayment of all other necessary incidental expenses
incurred by the Secretary of State in the care and custody of the State
House and grounds and other State property, and in repairs and im-
provements of same, and for the performance of such other duties as
may be imposed upon him by law, and for which no other appropriation
has been made, the sum of $8,500 per annum; for the purpose of enforc-
ing the foreign corporation Act, the sum of $5,000 per annum; for the
purpose of employing extra help in connection with the public print-
ing of the State, the sum of $3,500 per annum.
Eighth — To the Secretary of State, for the purchase of fuel and for
repairs and other incidental expenses connected with heating the State
House and other buildings under his control, the sum of $10,500 per
annum; for repairing the State House heating and lighting plants and
other buildings under charge of Secretary of State, $2,500 per annum;
for incidental expenses connected with operating the State electric
lighting plant,- $2,500 per annum.
Ninth — To the Secretary of State*, such sums as may be necessary to
enable him to purchase such volumes of the reports of the decisions of
the Supreme Court as he is or mav be, by law, required to purchase.
Tenth — To the Secretary of State, for the purchase of flags for the
dome of the capitol building for two years the sum of $200.
Eleventh — To the Secretary of State, for the purchase of books and
for the incidental expanses of the State library, the sum' of $2,000 per
annum, payable upon bills of particulars certified to by the Board of
Commissioners of the State Library. To the Secretary of State, for
salary of assistant librarian, $1^200 per annum ; for second assistant
librarian, $1,100 per annum ; for. third assistant librarian, $1,000 per
annum; for fourth assistant librarian, $1,000 per annum; for fifth as-
sistant librarian, $900 per annum; for expenses of library extension
commission, $1,500 per annum.
Twelfth — To the Secretary of State, for copying the laws, journals
and joint resolutions of the General Assembly, as provided by law,
$300, and for expressage and postage on same, $2,000 per annum.
Thirteenth — To the Secretary of State, for redecorating of House and
Senate chamber, the sum of $6,500.
Fourteenth — To the Secretary of State, for expense of printing "Blue
Book," $2,000.
Fifteenth- — To the Secretary of State, for the purchase and installa-
tion of new desks and chairs for the House and Senate chambers, the
sum of $23,000.
80 APPROPRIATIONS.
Fifteen and One-Half— To the Secretary of State such sum from
fees received for automobile and chauffeur licenses as may be necessary
for the purchase of certificates of registration, license tags, and other
expenses in connection with the enforcement of the Automobile law.
Sixteenth — To the Board of Commissioners of State Contracts, for
the purchase on contracts, as required by law, and other necessary ex-
penses connected therewith, of printing paper and stationery for the use
of the General Assembly and the executive departments, the sum of
$80,000.
Seventeenth — To the Board of Commissioners of State Contracts, for
public printing, the sum of $100,000, or so much thereof as may be
required; for public binding, the sum of $40,000, or so much thereof
as may be necessary; the . public printing and binding to be paid ac-
cording to contract. To the Board of Commissioners of State Con-
tracts, the sum of ten thousand dollars ($10,000), or so much thereof
as may be necessary for printing, publishing, binding,, distribution, etc.,
of a reprint or new edition of fifteen thousand copies of the book en-
titled Illinois Historical Collections, Vol. 3 ; the Lincoln-Douglas De-
bates of 1858, edited by Edwin Erie Sparks; the new edition to be an
exact duplication of the original edition.
Eighteenth — To the Auditor of Public Accounts, with necessary clerk
hire in his office the following sums: For chief clerk, $3,000 per an-
num; for warrant clerk, $2,700 per annum; for assistant warrant clerk,
$1,600 per annum; one additional assistant warrant clerk, $1,500 per
annum; for revenue clerk, $1,800 per annum; for land clerk, $1,800
per annum; for file and index clerk, $1,500 per annum; for two sten-
ographers, $1,200 per annum each,- $2,400 per annum; for one sten-
ographer, $1,00D per annum; for one messenger clerk, $900 per an-
num; for two janitors, $800 per annum each, $1,600 per annum; for
additional clerk hire, $4,500 per annum; also for postage, express
charges, telegraphing and other incidental expenses, $4,500 per annum.
Also for the purpose of paying for the clerical services incidental to the
banking and building and loan department, a sum not to exceed the
fees received by them for examinations and filing report for such blanks
[banks] and building, and loan associations, as now provided by law to
be accounted for bv him in the regular report required by law to be made..
For expenses in the levying, collecting, completing and keeping an ac-
count of the interest and principal on registered bonds, the sum of
$5,000 per annum.
Nineteenth — The Auditor of Public Accounts, a sum not to exceed
$7,000 per annum, or so much thereof as may be necessary, for the con-
veying of female offenders to the State Training School for Girls, and
also the sum of $7,000 per annum, or so much thereof as may be neces-
sary, for conveying of delinquent boys to the St. Charles School for
Boys, such payments in each case to be ascertained and paid in the same
manner as required by law for the conveying of prisoners .to the peni-
tentiary.
APPROPRIATIONS. 81
Twentieth — The Auditor of Public Accounts, a sum not exceeding
$20,000 per annum, or so much thereof as may be necessary, for con-
veying convicts to the penitentiary, and from and to the penitentiary
in cases of new trials, or when used as witnesses in cases, to be paid by
the Auditor in the manner now provided by law: Provided, that when
more than one person is convicted at the same term of court and is
committed to the penitentiary, the sheriff shall take all of said persons
so convicted at one trip, and the Auditor of Public Accounts shall refuse
payment to any sheriff who shall fail to comply with this provision.
Twenty-first — To the Auditor of Public Accounts, the sum of $15,-
000.00 per annum, or so much thereof as may be necessary, for convey-
ing offenders to the State Eeformatory at Pontiac, and from and to the
reformatory in cases of new trial, or when used as witnesses in cases,
to be paid by the Auditor in the manner now provided by law, to be as-
certained and paid in the same manner as in cases of conveying prisoners
to and from the penitentiary : Provided, that when more than one person
is convicted at the same term- of court, and is committed to the reform-
atory, the sheriff shall take all of said persons so convicted at one trip,
and the Auditor of Public Accounts shall refuse payment to any sheriff
who shall fail to comply with this provision.
Twenty-second — To the Auditor of Public Accounts, for the payment
of the expenses provided by law for the apprehension and delivery of
fugitives from justice, $20,000 per annum, or so much thereof as may be
necessary, to be paid on the evidence required by law,, certified to and
approved by the Governor, and the sum of $2,000 for rewards for ar-
rests of fugitives from justice, to be paid on bills of particulars having
the approval of the Governor indorsed thereon.
Tiventy-third — To the Auditor of Public Accounts, a sum not exceed-
ing $500 per annum, or so much thereof as may be necessary, for costs
and expenses of State suits.
Twenty-fourth— To the State Board of Equalization, for paying ex-
penses, a sum not exceeding $10,000 per annum, payable in the manner
provided by law.
Twenty-fifth — To the Auditor of Public Accounts, the sum of $4,400
for the purchase and installing in his office of steel file cases for the
filing of records and other documents.
Als'O', the sum of fifty-seven thousand dollars ($57,000) per annum,
or so much as may be necessary, to pay the interest on school fund, dis-
tributed annually in pursuance of law, said amount to be payable from
the State school fund.
Twenty-sixth — To the Auditor of Public Accounts, for the payment
of the expenses of the transfer of any insane person or persons to th^
Illinois Asylum for Insane Criminals, either from any other of the
State institutions or upon the order or mittimus of any of the several
State courts, the sum of one thousand dollars ($1,000) per annum, or
so much thereof as may be necessary; and for the payment of expenses.
-6 L
82 APPROPRIATIONS.
of the transfer of incurable insane from either of the insane institutions
to the Asylum for the Incurable Insane, the sum of one thousand dol-
lars ($1,000) per annum, or so much thereof as may be necessary.
Twenty-seventh — To the Auditor of Public iiccounts, the sum of $1,-
000,000 annually, out of the State School Fund, to pay the amount of
the Auditor's orders for the distribution of said fund to the several
counties, and for the payment of the salary and expenses of county su-
perintendent of schools as now provided by law. The Auditor shall issue
his warrants to the State Treasurer on the proper evidence that the
amount distributed has been paid to the county superintendents.
Twenty-eighth — To the Attorney General : One chief assistant, $5,-
000 per annum; two assistants at $4,500 each per annum, $9,000 per
annum; one assistant, $3,500 per annum; one assistant at $3,000 per
annum ; one office brief-maker, $2,400 per annum ; one clerk, $2,000 per
annum; one stenographer" and bookkeeper, $1,500 per annum; three
stenographers, $1,200 each per annum, $3,600 per annum; one porter
and filing clerk, $1,000 per annum; one janitor, $720 per annum; one
assistant inheritance tax attorney for Cook county, $2,400 per annum;
two stenographers for inheritance tax attorney for Cook county, $1,200
each per annum, $2,400 per annum; rent and maintenance of inherit-
ance tax office for Cook county, $1,800 per annum; telegraphing, tele-
phoning, expressage, postage and incidental expenses, $5,000 per annum ;
for defraying other expenses and the performance of such other duties
as are required by law, $35,000 per annum. To pay taxes on Idaho
lands and expenses connected therewith, $5,000. To employ special
counsel experts, accountants and assistants to carry on the case of the
State of Illinois vs. Illinois Central Eailroad Company, now pending
in the circuit court of LaSalle county; and for other special work, col-
lection of evidence and expenses in connection with the investigation bv
the committee of the General Assembl" authorized to be annointed by
joint resolution of Feb. 24, 1909, for the purpose of investigating the
rights of the State of Illinois in submersed and made lands in connec-
tion with the navigable waters of the State of Illinois, $55,000. To de-
fray the expenses in the case of the People versus The Illinois Steel Com-
pany, instituted by the State's attorney of Cook county, to be drawn on
bills of particulars, signed by the State's attorney of Cook county and
approved by the Attorney General, the sum of $3,000; for the payment
of services of Adrian Sizer of Washington, D. C, for legal services
rendered in the procurement of moneys due from the government aris-
ing out of claims for Spanish-American War veterans, the sum of
$12,400.
Twenty-ninth — To the State Treasurer, for clerk hire, $13,500 per
annum; for messenger and clerk, $1,200 per annum, for stenographer
and clerk $1,200 per annum ; for nine watchmen, at $900 each per
annum, the sum of $8,100 per annum; for the enforcement of the in-
heritance tax law and the collection of inheritance tax, the sum of
$12,500 per annum; for the employment of a secretary, attorney and
clerk, and expenses incurred in the collection of interest on public funds,
APPROPRIATIONS. 83
the sum of $15,000 per annum; for expenses incurred in the collection
and disbursement of interest and principal on registered bonds, the
sum of $4,000 per annum; for purchase of new furniture and fixtures,
$2,000; for premium on treasurer's employes bonds given by surety
company, $1,000 per annum ; for express charges, telegraphing and other
incidental expenses connected with his office, a sum not to exceed $2,500
per annum.
. Thirtieth — To the State Treasurer, such sums as may be necessary
to refund the taxes on real estate sold or paid on error and for over-
payment of collector's accounts under laws governing such cases, to be
paid out of the proper funds.
Thirty-first — To the Superintendent of Public Instruction, the fol-
lowing sums are hereby appropriated : For two assistants, the sum of
$2,500 each per annum, $5,000 per annum; for one clerk, $1,400 per
annum; for one stenographer, $1,200 per annum; for one stenographer,
$1,000 per annum; for one janitor, messenger and clerk, $900 per an-
num; for postage, expressage, telegraphing, expense of State examin-
ations, and all other necessary expenses of his office, a sum not to exceed
$4,500 per annum.
To the Superintendent of Public Instruction to enable him to complete
and publish the work of the Educational Commission, $5,000.
Thirty-second — To the Adjutant General for clerk hire in his office
the following sums: For chief clerk, $2,400 per annum; for record
clerk, $1,800 per annum ; also the sum of $1,500 per annum for postage,
telegraphing, repairs and other incidental expenses connected with mem-
orial hall and office; also for custodian of memorial hall, $1,200 per an-
num ; for stenographer, $1,200 per annum ; for custodian of arsenal,
$1,200 per annum ; for ordinance sergeant at arsenal, $720 per annum ;
for custodian at Camp Lincoln, $720 per annum : one messenger, $900
per annum.
Thirty-third — To the Board of State Commissioners of Public Char-
ities, for salary of clerk, $3,600 per annum; for office and incidental ex-
penses of the board, including clerical services in office and auditing
institution accounts, necessary expenses of the commissioners and em-
ployes while engaged in the discharge of their duties of visitation and
inspection within the United States, as required by law, $10,000 per
annum, or so much thereof as may be necessary ; for the expenses of the
boards of auxiliarv visitors in making' inspections, as provided by law,
$1,500 per annum; a sum not exceeding $5.00 in amount to.be paid
therefrom to each member of said boards upon his filing a certificate of
the expense incurred in making such insnection ; for expenses of the
Illinois State Conference of Charities holding annual sessions, securing
speakers, and incidental expenses, $750 per annum ; for expenses incurred
by the Department of Visitation of children placed in family home[s],
the sum of $5,500 per annum; for filing cases, $500.
Thirty-fourth — To the Supreme Court, for the purpose of buying ad-
ditional books for the Supreme Court library, binding books in the
library which need to be rebound, the purchase of continuations and re-
newals of the different reports, encyclopaedias, reporters, law magazines
84 APPROPRIATIONS.
and current text books, $5,000 per annum ; for the expenses of the Su-
preme Court, stationery, repairs, maintenance of building, printing,
furnishing, expressage, telephoning and telegraphing, $10,000 per an-
num; for the salary of the librarian of the Supreme Court, $2,400 per
annum; for court stenographic work, $1,200 per annum; for salary of
custodian, $1,000 per annum; for the salary of the head janitor, $900
per annum; and for three janitors, $800 each per annum, $2,400; mes-
senger, $800 per annum; matron, $800 per annum; two elevator con-
ductors, $800 each per annum, $1,600 per annum ; two watchmen, $800
each per annum, $1,600 per annum ; one engineer and electrician, $1,200
per annum.
Thirty-fifth. — To the clerk of the Supreme Court, one janitor at $800
per annum.
Thirty-sixth — To the Appellate Court of the First District, for rent
and for no other purpose, $10,500 per annum; for the purchase of law
books and reports; $1,000 per annum ; for repairing old law books, $250
per annum; for furniture and carpets, $750; for incidental expenses,
$1,000 per annum for each court; for stenographer's salar}^, $1,500 per
annum for each court; said stenographers to be appointed by, and their
duties to be prescribed bv the clerk and judges of the respective courts ;
for librarian's salary (both courts), $800 per annum; for filing cases
in library for the purpose of keeping records of pending cases, $225.
Thirty-seventh — To the Second District, Appellate Court, for station-
ery, fuel, light, postage, exnressage, furniture and other expenses deemed
necessary by the court, $2,000 per annum : for law books, $600 per an-
num; for rebinding law books, $300 per annum; for librarian, $600
per annum; for one stenographer, $1,500 per annum. The sum of
$1,975 to pay deficiency in fuel, li^bt and book fund.
Thirty-eiahth — To the Third District, Appellate Court, for stationery,
postage, expressage, furniture and other expenses deemed necessary by
the court, $1,000 per annum, the sums to be paid on bills of narticulars
certified to by the clerk of said court.
Thirty-ninth — To the Fourth District, Appellate Court, the sum of
$1,750 per annum for stationery, fuel, light, postage, exoressage, repairs,
furniture and other expenses deemed necessary by the court; for law
books, $500 per annum; for librarian, $600 per annum; rebinding law
books, $250.
Fortieth — Also the sum of $900 each per annum, $2,700 per annum,
to the Second, Third and Fourth Districts of the Appellate Court for the
pay of janitors, to be armointed by the clerks of the respective courts,
anc1 to perform such duties as shall be determined by the judges and
clerks of the respective court, to be paid on the order of at least two of
the judges of each district; for one stenographer for each of the Third
and Fourth Districts of the Appellate Court, $1,500 each per annum,
$3,000 per annum; such stenographers to be appointed and their duties
to be prescribed by the clerks of the several Appellate Courts, respec-
tively, such salaries to be paid monthly on pay rolls duly certified to
by the respective clerks and approved by at least two of the judges of
said courts', respectively.
APPROPRIATIONS. 85
Forty-first — To the Eailroad and Warehouse Commission, for the
salary of the secretary, $1,500 per annum ; for incidental expenses of
their office, including care, furnishings, stationery, postage, telegraphing,
extra clerk hire and all necessary expenditures, except those hereinafter
•provided for, a sum not to exceed $4,000 per annum.
For any expense incurred in suits or investigations commenced by
authority of the State, under any law in force, or hereafter enacted
empowering or intrusting the Board of Commissioners with the prosecu-
tion of such suits or investigations, including the fees of experts em-
ployed and clerical help connected therewith, and the expenses of the
commissioners, secretaiy, consulting engineer and safety appliance in-
spector, the sum of $6,000 per annum, or such part thereof as may be
necessary for such purposes.
For printing, mailing, expressing and publication of schedules of
reasonable maximum rates of charges for the transportation of passen-
gers, express and freight and cars, made or revised for or all of the rail-
roads of the State, as provided by law, the sum of $1,000 per annum,
•or so much thereof as may be necessary for such purpose.
For the printing, mailing, expressing and publication of railroad maps
of Illinois, both steam and electric, to be bound with annual reports,
and for general distribution, the sum of $2,000 per annum.
For salary of civil engineer, when so employee! by the commission, in
their discretion, the sum of $3,000 per annum; for salary of expert
•clerk, $3,000 per annum; for salary of assistant secretary, $1,500 per
annum; and for salary of reporter and stenographer, $1,200.
Forty-second — To the Trustees of the Illinois State Museum of Nat-
ural History, for salary of curator, $2,500 per annum; for salary of an
assistant curator, $1,200 per annum; for purchasing books and book-
cases, $1,500 ; for a janitor, $800 per annum : for office expenses, $600
per annum ; for the emplovment of a taxidermist, $600 per annum.
Forty-third — To the Commissioners of Labor Statistics, for the pur-
pose of procuring, tabulating and publishing statistics of labor, as con-
templated by law, for clerical services, including special agents, for the
incidental expenses of the board, and for defraying the per diem and
traveling expenses of the commissioners and secretary, the sum of
$11,000 per annum.
Forty-fourth — To the State Mining Board, for the examination of
•candidates for certificates as mine inspectors, mine managers, mine ex-
aminers and hoisting engineers, for per diem and expenses of the board
in conducting such examinations, including salary of stenographer at
$720 per annum, the sum of $6,000 per annum, or as much thereof as
may be necessary.
Forty-fifth — To the State Mine Inspectors, for actual expenses in-
curred in the discharge of their duties, as provided by law, the sum of
$6,000 per annum, or as much thereof as mav be necessary, of which
-sum not to exceed $600 per annum shall be "naid to any one inspector.
Forty-sixth — To the Illinois Free Employment Office, located in Chi-
cago and Peoria, the following sums : To the South Side office, for
86 APPROPRIATIONS.
salary of male clerk, $800 per annum; for salary of female clerk, $720
per annum; for salary of stenographer, $900 per annum; for salary of
janitor, $600 per annum; for rent and general expenses, $2,300 per
annum.
To the West Side office, for salary of clerk, $800 per annum; for
stenographer, $900 per annum ; for janitor, $600 per annum ; for rent
and general expenses, $1,800 per annum.
To the North Side office, for salary of clerk, $800 per annum ; for
stenographer, $900 per annum; for ianitor, $600 per annum; for rent
and general expenses, $2,250 per annum.
To the Peoria office, for salary of stenographer, $720 per annum; for
rent and general expenses, $1,500 per annum.
To the Springfield office, for office furniture and equipment, $320 ; for
rent and general expenses, $1,000 per annum; for stenograjffier, $720 per
annum.
To the East St. Louis office, for salary of stenographer, $720 per an-
num for janitor, $600 per annum ; for rent and general expenses, $1,600
per annum.
Forty-seventh — To the Fish Commissioners of the State, the sum of
$6,000 per annum, or so much thereof as may be necessary, to be used
by them in pursuance of law : the sum of $6,000 per annum, or so much
thereof as may be necessary, for the services and expenses of such per-
sons as may be employed by them, including wardens, while performing
such service; no fees being allowed in the enforcement of the laws for the
protection of fish and relating to fishways and for the personal traveling
expenses of the commissioners; the sum of $9,000 per annum, or so
much thereof as may be necessary, for the maintenance and operation
of the boats owned by the State in the collection of fish, and enforce-
ment of fish laws. To maintain the hatchery now in operation at
Havana, $4,000 per annum : for salaries of the president and secretary
of the Fish Commissioners and other authorized officers, the sum of
$4,000 per annum.
Forty-eiahth — The sum of $2,000, or so much thereof as may be nec-
essary, to pay the expenses of the committees of the Forty-seventh Gen-
eral Assembly.
Forty-ninth — To the State Board of Live Stock Commissioners, the
following sums are hereby appropriated: For salary of secretary, $1,800
per annum ; for salary of assistant secretary, who shall be a stenographer
and typewriter, $1,500 per annum ; for salary of messenger, $720 per
annum; for telegraphing, postage, expressage and other incidental office
expenses, $1,500 per annum; for per diem and expenses of State Veter-
inarian, $3,500 per annum ; for salary of chief inspector at Union Stock
Yards, Chicago, $1,800 per annum; for salary of assistant chief in-
spector, Union Stock Yards, Chicago, $1,200 per annum; for salary of
clerk, Union Stock Yards, Chicago, $1,800 per annum; for salaries of
six agents at Union Stock Yards, Chicago, including horse hire, $10,200
per annum; for salary of chief inspector, National Stock Yards, $1,500
per annum ; for salaries of one agent at National Stock Yards, $1,200
APPEOPKIATIONS. 87
per annum, and one at Peoria, $1,200 per annum; to pay the traveling
and incidental expenses of the commissioners and secretary, $4,000
per annum; for paying damages for animals diseased or exposed to con-
tagion, slaughtered, for per diem and traveling expenses of Assistant
State Veterinarians and special agents, for property necessarily de-
stroyed or disinfection of premises, when such disinfection is practicable,
under any law of this State for the suppression and prevention of the
spread of contagious and infectious diseases among domestic animals,
the sum of $25,000, or so much thereof as may be necessary.
Fiftieth — To the Insurance Superintendent, for actuary, $4,000 per
annum ; for chief clerk, $2,500 per annum ; for an assistant chief clerk,
$2,100 per annum; for messenger, $800 per annum; for janitor, $800
per annum; for other clerk hire, $20,500 per annum; for postage, ex-
press charges, telegraphing, and other incidental expenses, $6,000 per
annum; for expenses in attending the annual convention of insurance
commissioners, $125 per annum; for expenses of examiners and investi-
gations which cannot be collected from the companies or associations
examined, $1,000 per annum, or so much thereof as may be necessary;
for all examinations and investigations, such amount for expenses in-
curred and services of assistants employed as shall be collected from the
companies or associations examined; for expenses in the prosecution of
violations of the insurance laws, $6,000 per annum; for legal services,
$4,000 per annum; for printing and distributing the reports of the
Farmers' Mutual Insurance Companies, $1,000 per annum, or so much
thereof as may be necessary; for the per diem compensation of exam-
iners of fraternal societies, $3,500 per annum.
Fifty-first- — To the trustees of Lincoln Homestead, for the salary
of the custodian, the sum of $1,000 per annum; for repairs and im-
provements, $300 per annum; for heating and lighting, $275 per an-
num; to be expended by said trustees as provided in the Act of 1887,
creating said trust,
Fifty-second — To the trustees of Lincoln Monument, for salary of
custodian, $1,000 per annum; for fuel, care of grounds and other inci-
dental expenses, $1,750 per annum.
Fifty-third — To ' the Illinois State Historical Library, for care,
maintenance, purchase of books and manuscripts, the sum of $5,000
per annum; for editing, printing and publishing historical documents,
$4,000 per annum; for salary of assistant librarian, $1,100 per an-
num; for salary of janitor and messenger, $900 per annum; for sten-
ographer, $840 per annum; for expenses of Illinois State Historical
Society, the holding of its annual meetings, salary of secretary, etc.,
the sum of $2,000 per annum; all to be expended under the direction
of the trustees of the Illinois State Historical Library.
Fifty-fourth — To the Supreme Court Eeporter, for the expenses of
printing in advance the opinions of the Supreme Court, and of distrib-
uting, printed proof thereof to the several members of the court and
also to .the Attorney General, in such cases as the State may be in-
terested in, together with the expenses of transmitting such proofs and
APPROPRIATIONS.
the original opinions by mail and express, and to make printers' cor-
rections in said proofs after final adoption, the sum of $1,200 per an-
num, payable upon bills of particulars certified to by at least two judges
of said court: For custodian and messenger, $720 per annum, payable
upon bills of particulars duly certified by the reporter.
Fifty-fifth— To the State Factory Inspector for rent and light, $2,000
per annum, for chief clerk, $1,200 per annum; for two female investi-
gators, $1,000 each, $2,000 per annum; for two issuing clerks, $900
each, $1,800 per annum; for two stenographers, $1,000 each, $2,000
per annum; (to act as clerks when necessary). For traveling expenses
for inspector and deputy inspectors, $10,000 per annum; for telephone,
telephoning, telegraphing, express charges, postage, printing and of-
fice supplies the sum of $5,000 per annum.
Fifty-sixth — To the State Board of Arbitration, for traveling ex-
penses of the members and secretary and for postage, stationery, tele-
graphing, telephoning, expressage, additional clerk hire and all other
necessary expenses, $5,000 per annum, or so much thereof as may be
necessary.
Fifty-seventh — To the Board of Pardons, for postage, telegraphing,
expressage and other incidental expenses, $1,000 per annum ; for salary
of stenographer, $720 per annum; for salary of stenographer for ser-
vices rendered in connection with parole matters, $480 per annum.
Fifty-eighth — To the State Laboratory of Natural History, for the
expenses of the natural history survey, the sum of $8,000 per annum;
for the supply of natural history specimens to the public schools, $500
per annum; for the publication of bulletins and reports, $1,000 per an-
num; for purchase of collections of Illinois specimens, $1,000.
Fifty-ninth — To the State Entomologist, for general expenses, $16,000
per annum; to prevent spread of San Jose Scale and other dangerous
insects and contagious diseases of fruits, the sum of $5,000 per annum;
to the Fort Massac trustees, the sum of $600 per annum for the purpose
of paying the salary of the custodian; for general improvements and
other necessary expenses, $2,500 per annum; for erecting a pavilion the
sum of $3,000.
Sixtieth — To the State Board of Health, for salary of secretary, the
sum of $3,600 per annum; for salary of assistant secretary, $1,800 per
annum; for necessary office expenses, including expenses incurred in
attending meetings of the board, for making sanitary investigations,
and for the purpose of investigating the cause and preventing the spread
of such contagious and infectious diseases as consumption, typhoid fever,
diphtheria, scarlet fever, influenza and malarial fevers, the sum of
$7,500 per annum; for expenses of laboratory for the investigation of
disease, $4,000 per annum; for chief clerk, $2,400 per annum; for one
clerk, $1,200 per annum; for two clerks, $1,000 each per annum,
$2,000 per annum; for stenographer and type-writer, $1,200 per an-
num; for registrar of vital statistics, $1,500 per annum; for janitor
and messenger, the sum of $800 per annum.
APPROPRIATIONS.
Also the sum of $10,000 per annum, to be used only with the consent
and concurrence of the Governor, on the recommendation and advice of
the board, in case of an outbreak or threatened outbreak of any epi-
demic or malignant disease such as small-pox, yellow fever, Asiatic chol-
era and typhus fever, to defray the expenses of preventing the introduc-
tion of such diseases, or their spread from place to place within the
State; to suppress outbreaks which may occur, and to investigate
methods of their prevention; also for special investigation, when re-
quired by the sanitary necessities of the State.
Also the sum of $30,000 for the necessary expenses, including the
salary of stenographer at $1,200 per annum, incurred in the super-
vision and inspection of lodging houses, boarding houses, taverns, inns,
rooming houses and hotels, in cities of one hundred thousand or more
inhabitants.
Also the sum of $23,000 per annum for the free distribution of anti-
diphtheric serum throughout the State as a preventive against the spread
of diphtheria; $8,000 per annum of this sum, or such part thereof as may
be necessary to be expended in cities of 100,000 or more inhabitants;
also the sum of $2,000 per annum for the free treatment of poor per-
sons, certified to have been bitten by rabid animals or otherwise put in
danger of infection from rabies (Hydrophobia). This sum to be ex-
pended according to the provisions of "An Act to provide for the treat-
ment of poor persons afflicted with the disease called rabies," approved
May 12, 1905.
Also the sum of $2,500, or as much thereof as may be necessary, to
defray the expenses incurred in the treatment of poor persons duly cer-
tified to have been bitten by rabid animals or otherwise put in danger
from rabies, in the Pasteur Institute in Chicago, between March 1, 1908,
and June 30, 1909.
Sixty-first — To the State Food Commissioner, the unexpended balance
on hand September 30, 1909, appropriated in article 61 of an Act to
provide for the ordinary and contingent expenses of the State govern-
ment until the expiration of the fiscal quarter after the adjournment of
the next regular session of the General Assembly, approved June 4,
1907, in force July 1, 1907, and the additional sum of thirty thousand
dollars ($30,000) to be expended as follows:
For expenses six State analysts, $1,500 per annum; for expenses of
sixteen inspectors, $16,000 per annum; for expenses of laboratory office
supplies, $1,500 per annum; for rent of offices and laboratory, $3,600
per annum; for postage, $3,000 per annum; for expenses of State Food
Commission, $5,000 per annum; for express, telegraph, telephone and
office expense, $1,300 per annum; for expenses of Food Standard Com-
mission, $2,000 per annum; for expenses of attorney, $500 per annum.
Sixty-second — To the State Highway Commission, for experimental
work, preparation of road and bridge plans and estimates, collection
of highway statistics, and all other expenses that may be necessary for
the work of said commission, the sum of $65,000 per annum.
Sixty-third — Tb the State Civil Service Commission, for salary of
assistant secretary, who shall be a stenographer, $1,200 per annum;
90 APPROPRIATIONS.
for one stenographer, $1,000 per annum; one stenographer, $960 per
annum; one messenger, $720 per annum; for expenses of commission-
ers, chief examiner and examiners, postage, printing, advertising, tele-
graphing, telephoning and other necessary incidental expenses and office
expenses, the sum of $6,500 per annum, or so much thereof as may be
necessary.
Sixty-fourth — To the Board of Prison Industries, for the payment
of salaries, postage, telegraphing, telephoning, traveling expenses and
such other expenses as may be necessary to carry on the business of the
board, the sum of $16,000 per annum, or so much thereof as may be
necessary: Provided, that no part of the amount herein appropriated
shall be used for office rent in any form or manner whatever.
Sixty-fifth — To the State Geological Commission, for the support of
and extension of the Geological Survey of the State, the sum of $25,000
per annum.
For making a survey of overflowed lands in Illinois the sum of $7,500.
For preparing and engraving illustrations and maps, for printing and
binding the reports of the survey; all printing contracts to be approved
by the Printer Expert, the sum of $2,500 per annum.
To the University of Illinois for the investigation of clay working
material in cooperation with the State Geological Survey, and for in-
struction in ceramics, the sum of $12,500 per annum.
Sixty-sixth — To the University of Illinois, for the payment of inter-
est on the endowment funds of said University as provided by section
2 of the Act relating to said University, approved June 11, 1897, for
the }Tears 1909 and 1910, the sum of $65,000, or so much thereof as
may be necessary under the terms of said Act.
Sixty-seventh — For expense of election contest, Stevenson v. Deneen,
the following sums: Orville F. Berry, $1,500.00, Ross C. Hall and
Geo. A. Cooke, $1,500.00 ; total, $3,000.00 ; to Lyman E. Cooley of Chi-
cago, for claim in full on account of Deep Waterway, as follows : Claim
on account of extraordinary service rendered between September 15,
1907, and March 1, 1908, $1,900; for extraordinary service between
September 15, and December 31, 1908, in connection with the Chicago
convention, the Constitutional amendment, and in Washington, $1,200;
for extraordinary service between January 1 and March 31, 1909, $500;
for unpaid expense account August 1 to December 31, 1908, $562.23;
for bills for expenses from January 1 to March 31, 1909, $354.98 ; total,
$4,517.21. Upon the written request of Lyman E. Cooley, which shall
be accompanied by bills of, particulars of expenses, the Auditor of Pub-
lic Accounts is hereby authorized to draw a warrant on the State Treas-
urer in favor of Mr. Cooley for the total amount of the claims, as herein
set forth.
Sixty-eighth — For repairs and improvements of the grounds around
the monument erected by the State to the memory of the persons slain
by the Indians on Indian creek, located in Shabonna Park, Freedom
township, LaSalle county, the sum of $1,000.00.
APPROPRIATIONS. 91
Sixty-ninth — To the Commission of Occupational Diseases, for
printing, stationer}-, postage, telegraphing, stenographers, railroad fare
and 'expenses of members of commission, the sum of $15,000, or as
much thereof as may be necessary.
Seventy — To the Internal Improvement Commission, for removing
dams near Carmi and New Haven and other obstructions in the Little
Wabash river, and for survey of rivers and study of water supply and
all other necessary expenses for the work of the commission, the sum
of $30,000.
Seventy-first — The sum of five hundred dollars, or as much thereof
as may be necessary, to pay the expenses of the commission to inves-
tigate and report to the Forty-sixth General Assembly by bill or bills,
the most advisable method or methods for jDroviding for the commit-
ment of convicted persons to the penal and reformatory institutions of
the State, and the classification, treatment, parole and discipline of
prisoners and better conduct of those institutions, which commission
was appointed by resolution of the Forty-fifth General Assembly, on the
7th day of May, 1908.
§ 2. The Auditor of Public Accounts is hereby authorized and di-
rected to draw warrants on the State Treasurer for all sums herein ap-
propriated for the pay of clerks, secretaries, porters, messenges, janitors,
watchmen, policemen, laborers, engineers, firemen, stenographers, cura-
tors, librarians and other employes, when not otherwise provided for
by law, to be paid on monthly pay-rolls duly certified to, respectively,
by the heads of departments, or by boards of commissioners and trustees
requiring the services of such employes; and for all other appropriations
specified herein, warrants on the State Treasurer shall, when not other-
wise provided by law, be drawn only on itemized bills, accompanied by
receipted vouchers, showing the expenditure of moneys named in the
itemized bills, except for expenditures for railroad or street car fare.
In cases of expenditures for railroad fares, the itemized bills must
show from what point to what point traveled, and the amount paid for
the same'; said itemized bills to be certified to by the heads of depart-
ments; all sums disbursed from appropriations made to boards of com-
missioners, trustees, heads of departments and officers appointed by the
Governor shall be paid upon complying with the following require-
ments : Bills for traveling expenses shall be certified to by heads of
departments, boards of commissioners and trustees and approved by the
Governor. All such bills must show items by dates and charges for
tranportation shall show from what point to what point traveled and
\)2
APPROPRIATIONS.
the amount for the same. All charges for hotels, meals and incidental
expenses shall he shown hy dates. Bills for traveling expenses shall be
itemized and made out on blanks as follows :
TR ANSPORTAT ION.
Sleeping
Car and
Bus, Cab,
Carriage
Hotel
and
Meals.
Incidentals.
From
To
Extra
Fares.
and
Car Fare .
Item.
Am't.
i
All bills for traveling expenses shall be certified to by the party mak-
ing the charge as follows:
I Certify that the above account is correct and just; that the detailed
items charged within are taken and verified from a memorandum kept
by me; that the amounts charged for subsistence were actually paid,
and the expenses were occasioned by official business or unavoidable
delays, requiring my stay at hotels for the time specified; that I per-
formed the journey with all practicable dispatch, by the shortest route
usually traveled, in the customary reasonable manner, and that I have
not been furnished with transportation, or money in lieu thereof, for
any part of the journey herein charged for.
Pay rolls for commissioners, trustees, and officers appointed by the
Governor shall be certified to by heads of departments and approved by
the Governor. All other bills for these departments shall be paid only
on itemized accounts accompanied by receipted vouchers and approved
by the Governor.
The Auditor is hereby authorized and it is made his duty, to refuse
any warrant or warrants when any of the provisions of this Act are not
strictly complied with.
Approved June 16, 1909.
SUPREME COURT AND TEMPLE OF JUSTICE.
Appropriates $5,000 for purposes
enumerated and provides for
certain employes until July 1,
1909.
How drawn — emergency.
(House Bill No. 110. Approved April 29, 1909.)
An Act to make appropriations to provide for the current expenses of
the Supreme Court, and for the care of the Temple of Justice build-
and grounds.
Section 1. 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 current expenses of the Supreme Court, and for the
APPROPRIATIONS. 93
care of the Temple of Justice building and grounds, including installa-
tion of mechanical equipment and engineering appliances, the sum of
five thousand dollars.
For two janitors, the sum of sixty-six dollars per month each, from
the taking effect of this Act until July 1, 1909.
For one assistant engineer and electrician, the sum of one hundred
and twenty-five dollars per month, from February 1, 1909, until July 1,
1909.
§ 2. The Auditor of Public Accounts is hereby authorized and re-
quired to draw his warrant on the Treasurer for the sums hereby ap-
propriated, payable out of any money in the treasury not otherwise ap-
propriated, upon vouchers signed by two of the justices of said Su-
preme Court.
Whereas, An emergency exists, therefore this Act shall be in force
and effect from and after its passage and approval.
Approved April 29, 1909.
VICKSBURG MILITARY PARK COMMISSIONERS— NAMES OF SOLDIERS
AND SAILORS REVISED.
§ 1. Appointment of commissioners — § 4. How drawn.
duties.
§ 5. Emergency.
§ 2. Additional names and corrections
— printing- — annual report.
§ 3. Appropriates $2,000 — employes
— expenses, etc.
(House Bill No. 490. Approved June 9, 1909.)
An Act authorizing the making of additions to, and the correction of,
names of Illinois soldiers or sailors enrolled upon the tablets erected
within the Illinois State Monument, or Memorial Temple, in the Na>-
tional Militar-" Parle at, Vicksburg, Mississippi; and providing for
the appointment of commissioners therefor, and making appropriation
for the payment of the cost and expenses thereof.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the Governor of the State of
Illinois be and he is hereby authorized and empowered to appoint five
(5) commissioners, who shall ascertain the names of any Illinois soldiers
or sailors, who participated in the campaign and siege of Vicksburg,
Mississippi, that have been omitted from enrollment upon the bronze
tablets erected inside the Illinois State Monument, or Memorial Temple,
in the National Military Park at Vicksburg, Mississippi; and who shall
cause to be placed upon the tablets already erected, or upon an additional
tablet, or tablets, to be erected within the said monument, or temple,
such names of Illinois soldiers or sailors so omitted; and said commis-
sioners shall also cause to be corrected the spelling of any of the names
already enrolled on the tablets within said monument, or temple, so far
as it shall be made to appear that the same are now incorrectly spelled
thereon, and so far as such corrections shall be practicable.
94 APPROPRIATIONS ARCHITECTS.
§ 2. Said commissioners shall also cause to be printed two thousand
(2,000) copies of a suitable page. or pages, containing all such addi-
tional names and all corrections so placed and made under the provisions
of this Act, and shall send a copy of such na^e, or pages, by mail, to
each of the known holders of the book entitled, "Illinois at Vicksburg,"
printed and distributed by authority of law by the Illinois Vicksburg.
Military Park Commission. Said commissioners shall make report to
the Governor of all their acts and doings under this Act.
§ 3. For the purpose 6f carrying out the provisions of this Act, the
sum of two thousand dollars ($2,000) or so much thereof as shall be
necessary, is hereby appropriated, to pay the costs and expenses of such
additional work and tablet or tablets, and printing and distribution of
such page, or pages, and the necessary expenses of said commissioners,
and other necessary expenses involved in carrying out the provisions of
this Act. Said commissioners are hereby authorized and empowered
to employ a competent person, or persons, to prepare and furnish the
necessary details for said work, who may be of their number, and to pay
such person, or persons, not exceeding -ten dollars ($10.00) per day for
each day necessarily employed in the performance of such duty, and also
to employ such oerson, or persons, as thev mav select for that purpose
to furnish the materials and do the other work necessary to carry out
the provisions of this Act.
§ 4. The Auditor of Public Accounts of the State of Illinois is here-
by authorized and empowered and directed to draw warrants on the
State Treasurer of the State of Illinois for the payment of all expendi-
tures necessary to carry out the provisions of this Act, upon nresentation
to him of proper vouchers therefor, certified by said commissioners and
approved by the Governor of said State.
§ 5. Whereas, An emergency exists, therefore, this Act shall take
effect and be in force from and after its passage.
Approved June 9, 1909.
AECHITECTS.
STATE ARCHITECT — COMPENSATION AND DUTY.
Amends sections 2 and 3, Act of
1899.
As amended, allows 2% per cent
for services — how paid.
As amended, provides for assist-
ants.
(House Bill No. 156. Approved June 8, 1909.)
An Act to amend sections 2 and 3 of an- Act entitled, "An Act creating
the office of supervising architect of the State of Illinois and defining
his powers and duties" approved April 24, 1S99, in force Jidy 1,
1899, as amended by an Act of May 16, 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 sections 2 and 3 of an Act en-
titled, "An Act creating the office of supervising architect of the State
ARCHITECTS. 95
of Illinois and defining his powers and duties," approved April 24,
1899, in force July 1, 1899, as amended by an Act [of1 May 16, 1905,
in force July 1, 1905, be amended to read as follows :
§ 2. The compensation of such State Architect shall be five thousand
dollars ($5,000) ner annum, and the Auditor of Public Accounts is here-
by authorized and directed to issue his warrants on the treasurer in
favor of such State Architect, for the amount specified in this section,
and the State Treasurer is hereby authorized and directed to pay said
warrants out of any money in the treasury not otherwise appropriated,
and in addition to his salary as herein provided, the board of trustees of
the several State institutions, and commissions, and other departments
shall pay to the State Architect all necessary 'expenses incurred by him
and his draughtsmen, superintendents, and other assistants in rendering
architect's services. Such bills for services shall be two and one-half
per cent (2% per cent) of the cost of the work for which such architec-
tural service is rendered and shall be audited by the board of trustees
of the several State institutions, the commissions and departments, for
which said services are rendered.
§ 3. Such State Architect is hereby authorized and empowered and
it shall be his duty to make and provide all drawings, -dans, specifica-
tions, and models for the erection of all public buildings and improve-
ments of the State, including additions, alterations and renairs to build-
ings already erected, and including, also, the construction and perfec-
tion of all systems of sewerage, drainage and plumbing; and including
also the improvements of all grounds upon which such buildings are to
be erected, all of which said drawings, plans, specifications and models
shall be submitted to the Governor for his a^roval. Such State Archi-
tect shall have general supervision over the erection and construction of
all public buildings and works of the State and also over the inspection
of all materials previous to their incorporation into such buildings or
works. He shall see that such public work or building, as a whole or
in part, is prosecuted with diligence and in a proper and workman-like
manner; and if satisfied that such work is being slighted, inferior ma-
terial being used or any fraud is being- practiced bv any contractor,
whereby the interests of the State may be injuriously affected, he shall re-
port the same to the proper officer, commissioner or board, in order that
such officer, commissioner or board mav. in his or their discretion, an-
nul all contracts with any such contractor. Such State Architect is here-
with empowered to employ such assistants as he may find necessary to
carry on the work above specified, such assistants to be under the direc-
tion and control of said State Architect, Such State Architect is hereby
given the power of defining the true intent and meaning of all draw-
ings, plans and specifications ; and he shall have authority to stop the
progress of the work thereunder and order its removal when not in ac-
cordance therewith. It shall be the duty of such State Architect, upon
the written request of the proper officer, commissioner or board to do
and perform any and all things in this section mentioned and enumer-
ated as herein provided.
Approved June 8, 1909.
96 ART.
ART.
STATE ART COMMISSION,
§ 1. Creation. § 3. Commission shall serve without
compensation — rules — quorum.
§ 2. Composition — appointment — term
— vacancies. § 4. Duties.
(Senate Bill No. 415. Approved June 4, 1909.)
An Act to create a State Art Commission and to define its powers and
duties.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That there is hereby created a com-
mission to be known as the State Art Commission of the State of
Illinois.
§ 2. Said commission shall consist of two (2) painters, two (2)
sculptors, two (2) architects and two (2) other persons not engaged
in any of the aforesaid pursuits, all to be citizens and residents of the
State of Illinois, who shall be appointed by the Governor with the ad-
vice and consent of the Senate; and of the Governor who shall be a
member of said commission by virtue of his office. The Governor shall
in the first instance appoint one (1) painter, one (1) sculptor, one (1)
architect and one (1) other person whose terms of office shall expire
two years from July 1, 1909, and one (1) painter, one (1) sculptor, one
(1) architect and one (1) other person whose terms of office shall ex-
pire four years from July 1, 1909 ; and thereafter the terms of office
of the members of said commission shall be four years : Provided, that
if a vacancy occur for any reason in said commission the Governor
shall appoint a person of the same class to fill said vacancy who shall
serve until the end of the unexpired term of his predecessor.
§ 3. Said commission shall serve without compensation and shall
have power to adopt its own rules and to elect such officers from its own
members as may be deemed proper. Five (5) commissioners shall
constitute a quorum for all purposes.
§ 4. It shall be the duty of the commission to act in an advisory
capacity relative to the creation, acquisition, construction, erection or
remodeling by the State, or upon any land owned by the State, of
any work of art, and relative to the artistic character of any build-
ing constructed, erected or remodeled by the State, or upon land
owned by the State ; and when, upon the request of the Governor,
there shall be submitted to said commission any plan, proposal or
offer relating or looking to the creation, acquisition, construction, erec-
tion or remodeling by the State, or on land or in a building owned
by the State, of any work of art, or relating to the erection, construc-
tion or remodeling of a building to be owned by the State or on
State land, and said plan, proposal or offer is accompanied by such
designs, descriptions, specifications, drawings or models as shall be
sufficient to enable the commission to determine the artistic character
ART ATTORNEYS AND COUNSELORS. 97
of said work of art or of said building, it shall be the duty of the com-
mission to file with the Governor within sixty days from the submis-
sion of the matter descriptive of said work of art or buildings, its opin-
ion, either approving or condemning the same ; to which the • commis-
sion may add such suggestions and recommendations as it deems proper;
and the term building" shall include structures intended for human
occupation and use, and also all bridges, arches, gates, walls or other
permanent structures of any character; and the term "work of art" as
used herein is intended to include any painting, portrait, mural decor-
ation, stained-glass, statue, bas-relief, ornament, fountain or any other
article or structure of a permanent character intended for decoration
or commemoration.
Approved June 4, 1909.
ATTORNEYS AND COUNSELORS.
ATTORNEY'S LIEN.
§ 1. Lien for fees — notice — enforcement.
(House Bill No. 534. Filed June 16, 1909.)
An Act creating attorney's lien and for enforcement of same.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That attorneys at law shall have a
lien upon all claims, demands and causes of action, including all claims
for unliquidated damages, which may be placed in their hands by their
clients for suit or collection, or upon which suit or action has been insti-
tuted, for the amount of any fee which may have been agreed upon by
and between such attorneys and their clients, or, in the absence of such
agreement, for a reasonable fee, for the services of such attorneys ren-
dered or to be rendered for their clients on account of such suits, claims,
demands or causes of action : Provided, however, such attorneys shall
serve notice in writing upon the party against whom their clients may
have such suits, claims or causes of action, claiming such lien and stat-
ing therein the interest they have in such suits, claims, demands or
causes of action, and such lien' shall attach to any verdict, judg-
ment or decree entered and to any money or property' which may be
recovered, on account of such suits, claims, demands or causes of ac-
tion, from and after the time of service of the aforesaid notice. On
petition filed by such attorneys or their clients any court of competent
jurisdiction shall, on not less than five days' notice to the adverse party,
adjudicate the rights of the parties and enforce such lien in term time
or vacation.
Filed June 16, 1909.
The Governor having failed to return this bill to the General Assembly during
its session, and having failed to file it in my office, with his objections, within ten
days after the adjournment of the General Assembly, it has thereby become a law.
Witness my hand this 16th dayof June, A. D. 1909.
James A. Rose.,
Secretary of State.
—7 L
98 BARBERS.
BARBERS.
.REGISTRATION OP BARBERS— BOARD OF EXAMINERS.
§ 1. Certificate of registration re- | § 7. Examinations — fee — permit,
quired — proviso.
§ 2. Board of examiners.
§ 3. Organization — bonds of officers.
§ 4. Compensation of members.
§ 5. Meetings — complaints — records.
§ 6. Annual report.
§ 6a. Affidavit of practicing barber.
5 S. Apprentices and students.
§ 9. Card or insignia — renewal.
5 10. Register.
5 11. Rules.
5 12. Construction of Act.
? 13. Penalty.
(House Bill No. 232. Approved June 10, 1909.)
An Act to regulate the pursuit of the business art and avocation of a
barber, and to insure the better qualifications of 'persons following
such business in the State of Illinois.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That it shall be unlawful for airy
]3erson to follow the occupation of barber in this State, unless he shall
first have obtained a certificate of registration as provided in this
Act: Provided, however, that nothing contained in this Act shall ap-
ply to or affect any person who is now actually engaged in such occu-
2>ation, except as hereinafter provided.
§ 2. A board of examiners, to "consist of three (3) persons, is hereby
created to carry out and enforce the provisions of this Act, Said board
shall be appointed by the Governor and shall consist of practical bar-
bers who have been for at least five (5) years prior to their appoint-
ment, engaged in occupation of barber in this State. Each member
of said board shall serve a term of two (2) }rears and until his succes-
sor is appointed and qualified, except in the case of the first board,
whose members shall serve one (1), two (2) [and] three (3) years
respectively, and shall take the oath provided for public officers. Va-
cancies shall be filled by the Governor for the unexpired portion of the
term.
§ 3. Said board shall elect a president, secretary and treasurer,
shall have a common seal, and shall have the power to administer oath.
The office of secretary and treasurer may be rilled by the same person,
as said board may determine. The secretary and treasurer shall give a
bond in the sum of one thousand dollars ($1,000.00), with sureties ap-
proved by the Secretary of State, conditioned for the faithful perform-
ance of the duties of the office.
BARBEES. 99
§ 4. Each member of said board shall receive a compensation of
four (4) dollars per day and actual expenses for actual service, and two
(2) cents per mile for each mile actually traveled in attending the meet-
ings of the board, which compensation shall be paid out of any^ moneys
in the hands of the treasurer of said board: Provided, that said com-
pensation and mileage shall in no event be paid out of the State treasury.
§ 5. Said board shall hold practical examinations at least four
times each year, said examinations to be held in cities in different parts
of the State, distributed as evenly as possible for the convenience of the
applicants, and such other examinations at such times and places as
they may, from time to time determine. Whenever complaint is made
that any barber shop is kept in an unsanitary condition, or that conta-
gious diseases have been imparted, a member of the board shall visit
and inspect such shops and enforce the provisions of this Act. The board
shall keep a record of all its proceedings, shall also show if such appli-
cant was registered or rejected by examination, or otherwise, such book
shall be prima facie evidence of all matters required to be kept therein.
§ 6. Said board shall file with the Governor on the 1st day of July
of each year, an itemized statement of all the receipts and expenses of
the board for the year.
§ 6a. All those now actually engaged in the occupation as barber,
in this State, shall within ninety days after the approval of this Act,
file with said board an affidavit setting forth his name, residence and
length of time, and the place where he has practiced the trade, and
shall pay to the secretary of said board the fee of $1.00 and a certificate
of registration shall be granted to him authorizing him to practice as
barber in this State.
§ 7. Any person 'desiring to obtain a certificate of registration un-
der this Act shall make application to such board therefor, pay to the
treasurer of said board an examination fee of three (3) dollars, present
himself at the next regular meeting of the board for the examination of
applicants, and if he shows that he has studied and practiced the trade
for three (3) years as an apprentice under one or more practicing bar-
bers, or for at least three (3) years in a jn'operly appointed and con-
ducted barber school under the instructions of a competent barber, or
practiced the trade for at least three (3) years in this State or other
states, and that he is possessed of- the requisite skill in such trade to
properly perform all the duties thereof, including his ability in the
preparation of the tools, shaving, hair-cutting and all the duties and
services incident thereto, and has sufficient knowledge concerning the
common diseases of the face and skin to avoid the aggravation and
spreading thereof in the practice of said trade, his name shall be entered
by the board in the register hereafter provided for, and a certificate of
registration shall be issued to him authorizing him to practice said
100 BARBERS.
trade in this State. All persons making application for examination
under the provisions of this Act shall be allowed to practice the occu-
pation of barbering until the next meeting of the board, and the board
shall issue a permit authorizing him to practice said trade until the
next meeting of the board.
§ 8. Nothing in this Act shall prohibit any person from serving as
an apprentice in said trade under a barber authorized to practice the
same under this Act, or from serving as a student in any barber school
for the training of students in such trade under the training of a
qualified barber : Provided, that such armrentice or student shall apply
to said board to have his name registered with said board in a book
which shall be kept by the board for the registering of apprentices and
students and secure a permit to practice as an apprentice or student un-
der the instructions of a qualified barber. After having practiced the
trade for three (3) years under a qualified barber such apprentice or
student shall be eligible to become a registered barber and present him-
self at the next meeting of the board held nearest to him for the exam-
ination of applicants, and pay the fee of three (3) dollars for exam-
ination, as provided in section 7.
§ 9. Said board shall furnish to each person to whom a certificate
of registration is issued, a card or an insignia bearing the seal of the
board and the signature of its president and secretary, certifying that
the holder thereof is entitled to practice the occupation of barber in
this State, and it shall be the duty of the holder of such card or insignia
to post the same in a conspicuous place in front of his working chair
where it may readily be seen by all persons whom he may serve. Said
card or insignia shall be renewed on or before the first day of July in
each year, and the holder of said certificate of registration shall pay to
the treasurer of said board the sum of one (1) dollar for said renewal
card or insignia. Upon failure of any holder of a certificate of registra-
tion to apply for a renewal of his card or insignia on or before the first
clay of July in each year, his said certificate of registration may be
revoked by said board, subject to the provisions of section 11 of this Act.
§ 10. Said board shall keep a register in which shall be entered the
names of all persons to whom certificates are issued under this Act,
and said register shall be at all times open to public inspection.
§ 11. Said board shall be authorized to adopt reasonable rules pro-
viding for the sanitary regulation of barber shops, subject to the ap-
proval of the State Board of Health, and shall have the power to enter
any barber shop during business hours for the purpose of inspection
of such shops. If any shop be found in an unsanitary condition, or if
any barber working therein has been charged with imparting any con-
tagious or infectious disease, the board shall immediately notify the health
officer thereof, and such shop shall be quarantined and the barber so
charged shall not practice his occupation until such quarantine shall be
removed by the health officers. Said board shall have the power to revoke
any certificate of registration granted by it under .this Act, for conviction
of crime, habitual drunkenness, for six months immediately before a
BARBERS — CEMETERIES. 101
charge duly made, gross incompetency, failure to comply with the sanitary
rules approved by the State Board of Health or for having imparted any
contagious or infectious disease : Provided, that before any certificate
shall be so revoked, the holder thereof shall have notice in writing of
the charge or charges against him, and a"t a day specified in said notice
at least five (5) days after the service notice thereof, be given a public
hearing and be given an opportunity to present testimony in his behalf,
and to confront the witnesses against him. Any person whose certificate
has been revoked, may after the expiration of ninety (90) days apply
to have his certificate regr anted, and the same shall be regr anted to him
upon his giving satisfactory proof that his disqualification has ceased
to exist.
§ 12. To shave or trim the beard or cut the hair of any person for
hire by the person performing such service or any other person, shall
be construed as practicing the occupation of barber within the meaning
of this Act.
§ 13. Any person practicing the occupation of barber in this State
without having obtained a certificate of registration, as provided by this
Act, or wilfully employing a barber who has not such a certificate or
falsely pretending to be qualified to practice such occupation under this
Act, or violating any of the provisions of this Act, is guilty of a mis-
demeanor, and upon conviction thereof shall be punished by a fine of
not less than ten (10) dollars nor more than one hundred dollars ($100)
or by imprisonment in the county jail not less than ten (10) days nor
more than ninety (90) days.
Approved June 10, 1909.
CEMETERIES.
TRUST FUNDS.
§ 1. Amends sections 4, 5 and 6, Act I §§ 4, 5 and 6. As amended,
of [1885.] include trustees of
public graveyards.
(House Bill No. 361. Approved June 10, 1909.)
An Act to amend sections four (1+), -five (5) and six (6) of an Act en-
titled, "An Act to protect cemeteries and to provide for their regu-
lation and management," approved June 29, 1885, in force July 1,
1885, as amended by an Act approved June 3, 1889, in force July 1,
1889.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That sections four (4), five (5)
and six (6) of an "Act to protect cemeteries and to provide for their
regulation and management" be, and the same is hereby amended to
read as follows:
§ 4. The board of directors of such cemetery society, or cemetery as-
sociation, or the trustees of any public graveyard, may set apart such
102
CEMETERIES CHARITIES.
portion as they see fit of the moneys received from the sale of the lots,
in such cemetery or graveyard, which sums shall be kept sey>arate from
all other assets as an especial trust. fund, and they shall keep the same
invested in safe interest or income paying securities, for the purpose
of keeping said cemetery or graveyard, and the lots therein, permanently
in good order and repair, and the interest or income derived from such
trust fund shall be applied only to that purpose, and shall not be di-
verted from such use.
§ 5. It shall be the duty of the board of directors of such cemetery
society, or cemetery association, or trustees of a public graveyard to re-
ceive by gift or bequest, real or personal property, or the income or avails
of property which shall be conveyed in trust for the improvement, main-
tenance, repair, preservation and ornamentation of such lot or lots, vault
or vaults, tomb or tombs, or other such structures in the cemetery or
graveyard of which such board or trustees have control, as may be de-
signated by the terms of such gift or bequest, and in accordance with
such reasonable rules and regulations therefor, as shall be made by such
board of directors or trustees, and such board of directors or trustees
shall keep such trust funds invested in safe interest or income bearing
securities, the income from which shall be used for the purpose afore-
said.
§ 6. The trust fund mentioned in sections four (4) and five (5)
of this Act, shall be vested in said board of directors or trustees, and the
securities taken therefor shall be approved by the county wherein such
cemetery or graveyard is located ; and said board of directors or trustees
shall, once in every two years, make an itemized report to said judge of
all such trust funds in their hands, and the securities taken therefor.
Approved June 10, 1909.
CHARITIES.
CONTROL OF CHARITABLE INSTITUTIONS.
§ l. Preamble — purpose of Act.
§ 2. Institutions enumerated.
§ 3. Institutions re-named.
§ 4a. Board of Administration —
appointment — term — classes —
qualification — oath,
(b.) Removal of members —
vacancy,
(c.) Organization — officers
and employes,
(d.) Salary and expenses.
( e. ) Office — seal,
(f.) Powers and duties,
(g. ) Board shall make rules,
(h. ) Annual report of board,
(i. ) Visits by board,
(j.) Conferences.
5a.
Charities commission — appoint-
ment— term — oath.
( b. ) Vacancy.
Officers and employes,
(c.)
(d.)
(e.)
(f.)
Compensation — expenses
— office — stationery.
Powers and duties.
Meeting's — rules.
§ 6.
§ 7a.
§ S.
Boards of trustees — commission-
ers and managers.
Visitors — appointment— oath.
(b. ) Vacancy — how filled.
(c. ) Powers and duties.
(d.) Compensation — ex-
penses.
Expenses — how certified.
CHARITIES.
103
CONTROL OF CHARITABLE INSTITUTIONS— Colluded.
§ 9. Contracts — penalty for officers.
§ 10. Psychopathic institute — officers
— assistants.
§ 11. Appointments — civil service.
§ 12. Employes — salaries.
§ 13. Fiscal supervisor — powers and
duties.
§ 14. Appropriations.
§ 15. Board of joint estimate — pur-
chase of supplies.
§ 16.
Monthly
fund.
estimates — contingent
§ 17. State Treasurer to hold funds —
exception.
§ 18. Bonded employes.
■§19. Admission of inmates.
§ 20. Removal of inmates from coun-
ty to State institutions.
§ 21. Return to county institutions
forbidden — counties not to
care for insane.
§ 22. Transfer of insane patients.
§ 23. Support of inmates.
§24. Postal rights and privileges.
§ 25. Property of discharged or de-
ceased patients.
§ 2 6. Boarding out of patients.
§ 27. After-care of patient.
§ 28. Private institutions — board may
license — no commitment to
unlicensed institutions.
§ 29. Occupation of inmates.
§ 30. Visitation of children — certifica-
tion of associations.
§ 31. State conferences.
§ 32. Jails and almshouses — -plans
submitted to board.
§ 33. Investigations by board.
§ 3 4. Compelling testimony.
§ 3 5. Appropriation for salary and
expenses.
§ 3 6. When Act goes into effect.
§ 37. Appropriation — how drawn.
§ 38. Repeals Acts of 1869 and 1907.
(Senate Bill No. 448. Approved June 15. 1909.)
An Act to revise the laws relating to charities and making an appro-
priation to carry out the nrovisions thereof.
Section 1. Be it enacted by the People of the State of Illinois rep-
sented in the General Assembly:
Preamble — purpose of the act.] That the purpose of this Act
is to ]3rovicle humane and scientific treatment and care and the highest
attainable degree of invidual development for the dependent wards of
the State;
To provide for delinquents such wise conditions of modern education
and training as will restore the largest possible portion of them to use-
ful citizenship;
To promote the study of the causes of dependency and delinquency.,
and mental, moral and physical defects, with a view to cure and ultimate
prevention ;
To secure the highest attainable degree of economy in the business
administration of the State institutions consistent with the objects above
enumerated, and this Act, which shall be known as the code of charities
of the State of Illinois, shall be liberally construed to these ends.
§ 2. State charitable- institutions.] The following are the
State charitable institutions:
. The Illinois Northern Hospital for- the Insane, at Elgin;
The Illinois Eastern Hospital for the Insane, at Kankakee;
The Illinois Central Hospital for the Insane, at Jacksonville;
104 CHARITIES.
The Illinois Central Hospital for the Insane, at Jacksonville;
The Illinois Southern Hospital for the Insane, at Anna;
The Illinois Western Hospital for the Insane, at Watertown;
The Illinois General Hospital for the Insane, at South Bartonville;
The Illinois Asylum for Insane Criminals, at Chester;
The Illinois School for the Deaf, at Jacksonville;
The Illinois School for the Blind, at Jacksonville;
The Illinois Industrial Home for the Blind, at Chicago;
The Illinois Asylum for Feeble Minded Children, at Lincoln;
The Illinois State Colony for Epileptics;
The Illinois Soldiers' and Sailors' Home, at Quincy;
The Soldiers' Widows' Home of Illinois, at Wilmington ;
The Illinois Soldiers' Orphans' Home, at Normal;
/The Illinois Charitable Eye and Ear Infirmary, at Chicago;
The State Training School for Girls, at Geneva;
The St. Charles School for Boys, at St. Charles.
§ 3. Institution titles.] The State institutions, named in this-
section, shall be known and designated hereafter by their respective
titles as expressed in this section, namely:
The Illinois Northern Hospital for the Insane, at Elgin, shall be
known and designated as the Elgin State Hospital.
The Illinois Eastern Hospital for the Insane, at Kankakee, shall be
known and designated as the Kankakee State Hospital.
The Illinois Central Hospital for the Insane, at Jacksonville, shall be
known and designated as the Jacksonville State Hospital.
The Illinois Southern Hospital for the Insane, at Anna, shall be
known and designated as the Anna State Hospital.
The Illinois Western Hospital for the Insane, at Watertown, shall
be known and designated as the Watertown State Hospital.
The Illinois General Hospital for the Insane, at South Bartonville,
shall be known and designated as the Peoria State Hospital.
The Illinois Asylum for Insane Criminals, at Chester, shall be known
and designated as the Chester State Hospital.
The Illinois Asylum for Feeble Minded Children, at Lincoln, shall
be known and designated as the Lincoln State School and Colony.
•The Illinois State Colony for Epileptics shall be known and de-
signated as the Illinois State Colony for Improvable Epileptics.
§ 4. (A) Board of administration — appointment — term of
tjffice — classes of members — qualification — oath.] The Gover-
nor, by and with the advice and consent of the Senate, shall appoint,
within thirty days after July 1, A. D. 1909, five persons, (no more than
three of said persons shall belong to or be affiliated with the same
political party) to be called and known as the Board of Administra-
tion, referred to and designated hereafter in this Act as the "board."
One person appointed on the board shall be qualified by experience to
advise the board regarding the care and treatment of the insane, feeble-
minded, and epileptic. One person appointed on the board shall be,
and shall be designated in the appointment as, the president, who shall
CHARITIES. 105
be the executive officer of the board. From time to time the Governor
shall designate the member of the board who shall be its president. The
remaining three members of the board shall be reputable citizens. Mem-
bers of the board, so appointed, shall hold office one for two years, two
for four years, and two for six years, and until their successors are
appointed and qualified, and, after the terms prescribed in the forego-
ing shall have expired, the successors of the members appointed for said
terms shall when appointed, hold office for six years, and until their
successors are appointed and qualified. Each member before entering
upon the duties of his office, shall take the oath prescribed by the Con-
stitution of this State for State officers. Said oath shall be filed in the
office of the Secretary of State. ISTo member shall qualify or enter upon
the duties of his office, or remain therein while he is a trustee, manager,
commissioner, director of or in any manner officially related to an insti-
tution subject to the administration, visitation and inspection of the
hoard.
(B) Bemoval of members — vacancy.] The Governor shall have
the power to remove any member of the Board of Administration for
incompetency, neglect of duty, or malfeasance in office. In case of a
vacancy in the board, the said vacancy shall be filled by appointment by
the Governor, by and with the advice and consent of the Senate. When
"the Senate is not in session, the Governor may make appointments to fill
vacancies, but all appointments made when the Senate is not in session
shall be subject to confirmation by the Senate at its next session before
becoming permanent : Provided, that in case of a vacancy in the board
•caused by the death, resignation or removal of the member appointed
because of his qualifications to advise the board regarding the care and
treatment of the insane, feeble-minded and epileptic, the appointment of
"the successor of such member shall be made as prescribed for the original
•appointment in section 4 (A) of this Act. The failure on the part of
any member of the board to attend three consecutive meetings of the
hoard, unless excused by a formal vote of the board, may be treated by
the Governor as a resignation by such non-attending member, and the
•Governor may appoint his successor.
(C) Organization — fiscal supervisor, secretary and other of-
ficers and employes.] Within a reasonable time after appointment
"the members of the board shall complete their organization by electing
one member of the board to be the fiscal supervisor, whose duties are
hereinafter prescribed, and by electing one member to be the secretary,
whose duties shall be prescribed in rules adopted by the board. The
hoard shall have the power to employ such other officers, agents and em-
ployes as it may deem necessary for the efficient conduct of its business.
(D) Salary — expenses.] Each member of said board shall receive
an annual compensation of six thousand dollars, and shall be allowed his
actual traveling expenses incurred in official business. Each member
shall devote his entire time to the duties of his position and shall hold
no other lucrative office, nor follow any other gainful profession, oc-
cupation or employment.
106 CHARITIES.
(E)- Office — seal.] The Secretary of State shall provide said
board with suitable furnished offices in the capitol building at Sprm > ■
field; and shall provide said board with the necessary blank books,
blanks, stationery and printed matter. The board shall have an official
seal. Every process, order or other paper issued or executed by the
board may be attested, by direction of the board, under its seal, by its
secretary or by any member of the board, and when so attested, shalf
be deemed to be duly executed by the board.
(F) General powers and duties.] The board provided for herein
shall :
1. Be a body corporate under and by 'the name of "The Board of
Administration," and, in addition to the powers expressly conferred,
shall have all such authority as may be necessary to the full and com-
plete performance thereof.
2. Exercise executive and administrative supervision over all State
charitable institutions, now existing or hereafter acquired or created.
3. Succeed to all property rights of the boards of trustees, managers,
or commissioners of the State charitable institutions. All the rights,
title and interest of the boards of trustees, managers, or commissioners
of the State charitable institutions in and to land, money, or other
property, real and personal, held for the benefit of their respective in-
stitutions, or for other public use, are hereby divested and are, without
further process of law, vested in the Board of Administration, created
by this Act, but in trust and for the use and by the authority of the
State of Illinois. Any and all unexpended appropriations heretofore
made by the Forty-sixth General Assembly, or that may hereafter be
made by said General Assembly, to any of the State charitable institu-
tions named in this Act, shall be payable to the Board of Administration
when this Act goes into full force and effect, as provided in section 36
of this Act, to be used bv it for the purposes for which the same were-
appropriated. All unexpended appropriations made to the Board of
State Commissioners of Public Charities shall be payable, when this
Act goes into full force and effect, to the Charities Commission, created
in this Act, except that unexpended appropriations for the Department
of the Visitation of Children shall be payable to the Board of Adminis-
tration. The unexpended appropriations heretofore or hereafter made'
by the Forty-sixth General Assembly to the several State charitable in-
stitutions mentioned in this Act for ordinary, or maintenance" expenses,
and received by the Board of Administration, as hereinbefore provided
in this section, shall be consolidated and may be used by the said Board
of Administration for the several institutions according to the needs of
such institutions respectively. The Auditor of Public Accounts is hereby
authorized and directed to pay to the Board of Administration and to
the Charities Commission respectively, the moneys heretofore or here-
after appropriated by the Forty-sixth General Assembly to the several
State charitable institutions, named in this Act, and the moneys hereto-
fore or hereafter appropriated by the said General Assembly to the
CHARITIES. 107
Board of State Commissioners of Public Charities, which remain unex-
pended on January 1, 1910, and are herein transferred to the Board of
Administration and to the Charities Commission respectively, by draw-
ing his warrant upon the State Treasurer for the moneys herein trans-
ferred to said Board of Administration, on the order of said board, at-
tested by its secretary, with the seal of said board attached and approved
by the Governor, and by drawing his warrant upon the State Treasurer
for the moneys transferred herein to the Charities Commission, upon
the order of said commission, attested by its executive secretary, with
the seal of said commission attached and aimroved Y- the Governor.
4. Accept and hold in behalf of the State, if for the public interest,
a. grant, gift, devise or bequest of money or property to the State of
Illinois, to the Board of Administration, or to any State hospital, or the
trustees thereof, heretofore or hereafter made in trust for the mainten-
ance or support of an insane person or persons in a State hospital or
hospitals, or for any other legitimate purpose connected with any such
hospital or hospitals. The board shall cause each said gift, grant, devise
or bequest to be kept as a distinct fund, and shall invest the same in
the manner provided by the laws of this State as the same now exist,
or shall hereafter be enacted, relating to securities in which the deposit
in savings banks may be invested. But the board may, in its discretion,
deposit in a proper trust company or savings bank, during the continu-
ance of the trust, anv fund so left in trust for the life of a single person,
and shall adopt rules and regulations governing the deposit, transfer
or withdrawal of such fund. The board shall, on the expiration of any
trust as provided in any instrument creating the same, dispose of the
fund thereby created in the manner provided in such instrument. The
board shall include in its annual report a statement showing what funds
are so held by it and the condition thereof : Provided, that -moneys de-
posited with managing officers by relatives, conservators or friends of
inmates, for the special comfort and pleasure of such inmates, shall re-
main in the hands of the said managing officers for disbursement to or
for the benefit of such inmates ; but each managing officer shall keep in
a book an itemized account of all receipts and expenditures of funds de-
scribed in this proviso, which book shall be open at all times to the in-
spection of any member of the Board of Administration or of the Chari-
ties Commission, created in this Act.
5. Be charged with the duties of inspection and investigation of out-
door poor relief, almshouses, children's homefinding societies, orphan-
ages and lving-in hospitals.
6. Be charged with the duties of invest! gating, inspecting; and licens-
ing; all institutions, houses or places, in which any nerson is or mav be
detained for care or treatment for mental or nervous diseases, as here-
inafter provided.
7. Have the power of appointment and removal of the superinten-
dents or managing officers of the State charitable institutions; and, sub-
ject to the State Civil Service law. the anointment and removal of all
other employes of the said institutions of the State Psychopathic In-
stitute provided for herein, and of the Board of Administration.
108 CHARITIES.
8. On complaint in writing of at least two reputable citizens, may
visit and inspect any charitable society, institution or ^association which,
appeals to the public for aid, or is supported by trust funds; and shall
report to the Governor upon its efficiency, economy and usefulness.
9. Inspect and investigate county jails, city prisons, houses of cor-
rection, workhouses, and all places in which persons convicted or sus-
pected of crime are confined, to collect important statistics concerning
the inmates ; to ascertain the sanitary condition of such institutions, and
to ascertain how the insane are treated.
10. Regulate -the admission of patients and inmates into State hos-
pitals and the Lincoln State School and Colony as provided herein.
11. Be charged with the visitation of children placed in family homes
and the certification of home-finding associations and orphanages and
with the duty of examining into the merits and fitness of all associations
which purpose caring for dependent, neglected or delinquent children
and which seek incorporation and of reporting its findings and recom-
mendations relative to incorporation to the Secretary of State.
12. Succeed to the powers and duties given by law to the Board of
State Commissioners of Public Charities in relation to the Illinois State
Colony for Improvable Epileptics.
(G) Rules.] The board shall make all rules necessary for the
execution of its powers. The managing officer of each State institution,
embraced in this Act, shall make such special rules as may be needful,
subject to the approval of the board.
(H) Annual eeport.] The board shall, on or before the fifteenth
of October of each year, report to the Governor its acts, proceedings and
conclusions for the preceding fiscal year, which report shall contain a
complete financial statement of the various State institutions under its
jurisdiction, and shall state whether the moneys appropriated for their
aid are or have been economically and judiciously expended, whether
the objects of the several institutions are accomplised, whether the laws
in relation to them are fully complied with, and whether all parts of the
State are equally benefited by said institutions, together with such other
information and recommendations as it may deem proper. The board
shall make such other reports as the Governor may require.
(I) Official visits.] Each State institution shall be visited at
least once a quarter by a member of the board. Such visits shall be made
on such days and at such hours of the dav or night, and for such length
of time, as the visiting member may choose. But each member may
make such other visits as he, or the board, may deem necessary. Each
visit shall include to the fullest extent deemed necessary, an inspection
of every part of each institution and the out-houses, places, buildings and
grounds belonging thereto or used in connection therewith. The board,
from time to time, shall make an examination of all the records and
methods of administration, the general and special dietary, the stores
and methods of supply, and, as far as circumstances may permit, of
every patient or inmate confined therein, especially those admitted since
the last preceding visit, giving such as may require it opportunity to
CHARITIES. 109
converse with the members of the board, apart from the officers and at-
tendants. At the next regular or special meeting of the board, after any
such visit, the visiting member shall report the result thereof, with such
recommendations as he may deem necessary for the better management
or improvement of any institution.
(J) The board, at least once each year, at a time to be appointed
by the board, shall meet the superintendents and managing officers of
each State institution, and members of the Charities Commission, here-
inafter provided for, or as many of the number as practicable, in con-
ference, and consider in detail all questions relating to the treatment
and care of the insane, epileptics, the feeble-minded, delinquents, and the
poor and other wards of the State and all questions of management and
improvement of institutions caring for such wards.
§ 5 (A) CHAEITIES COMMISSION APPOINTMENT TERMS OF OF-
FICE— oath.] The Governor, by and with the advice and consent of the
Senate, shall appoint, within thirty days after this Act shall take effect,
five persons to be called and known as the Charities Commission. Not
more than three persons so appointed shall belong to the same political
party. The members shall be appointed, one for one year, one for two
years, one for three years, one for four years, and one for five years, from
the first day of March, 1909, and until their respective successors are ap-
pointed and qualify. And on the first day of March, 1910, and at the end
of each year thereafter, the Governor shall, in like manner, appoint one
person as the successor of the member whose term shall expire in that
year, to serve as such member of the Charities Commission for five
years, and until his successor is appointed and qualifies. Three mem-
bers of this commission shall constitute a quorum. Each member of this
commission, before entering upon the duties of his office, shall take the
oath prescribed by the Constitution of this State for State officers. Said
oath shall be filed in the office of the Secretary of State. No member
shall qualify or enter upon the duties of his office, or remain therein,
while he is a trustee, manager, commissioner, director of or in any
manner officially related to an institution subject to the visitation and
inspection of this commission.
(B) Vacancy.] In case of a vacancy in the Charities Commission,
the unexpired term shall be filled by appointment by the -Governor, by
and with the advice and consent of the Senate. When the Senate is not
in session the Governor may make appointments to fill vacancies, but all
appointments made when the Senate is not in session shall be subject to
confirmation by the Senate at its next session before becoming permanent.
The failure on the part of anv member of this commission to attend three
consecutive meetings of the Charities Commission, unless excused by a
formal' vote of such commission, may be treated by the Governor as a
resignation by such non-attending member, and the Governor may ap-
point his successor.
(C) Officers and employes — president, executive secretary
and other employes.] The Charities Commission shall annually elect
110 CHARITIES.
one of its members as president. The board shall employ an executive
secretary at a salary of $3,600 per annum, and such other officers, agents
and employes as it may deem necessary.
(D) No COMPENSATION" — TRAVELING EXPENSES OFFICE — STATION-
ERY.] The members of this commission shall serve without compensa-
tion for their time or services, but the actual traveling expenses of each
one of them while engaged in the performance of the duties of his office,
on being made out and certified as provided in this Act, shall be paid
to him out of any moneys appropriated for that purpose. . In like
manner any employe of this commission, acting under the direction of
this commission, shall be allowed his actual traveling expenses. The
Secretary of State shall provide the Charities Commission with suitably
furnished offices in the capitol at Springfield and with the necessarv
blank books, blanks, stationery and printed matter.
(E) Duties.] The Charities Commission shall investigate the
whole system of public charitable institutions of the State, examine into
the condition and management thereof, especially of State hospitals,
jails and almshouses; and the officers in charge of all such institutions
shall furnish to the Charities Commission, on its request, such inform-
ation and statistics as it may require. The Charities Commission, when
directed by the Governor, shall investigate as a whole commission, or
by a committee thereof, into any or all phases of the equipment, manage-
ment or policy of any State charitable institution and report its findings
and recommendations to the Governor. The Charities Commission may
inquire, in its discretion, into the equijmient, management and policies
of all institutions and organizations coming under the supervision and
inspection of the Board of Administration. The Charities Commission,
annually, on the fifteenth of October, shall submit to the Governor a
printed report of all its doings during the preceding fiscal year, stating
in detail all expenses incurred, all officers and agents employed, and such
suggestions and recommendations as this commission deems necessary
and pertinent.
(P) Meetings — rules.] Eegular meetings of the Charities Com-
mission shall be held quarterly, or oftener, if required. The said com-
mission may make such rules for the conduct of its business as it may
deem necessary.
§ 6. Boards of trustees — commissioners and managers.] The
boards of trustees, commissioners and managers of the State charitable
institutions named in section 2 of this Act, shall have no further legal
existence.
§ 7. (A) Visitors — appointment.] The Governor, by and with
the advice and consent of the Senate, shall appoint, within thirty days
after this Act shall take effect, a board of three (3) visitors for each
State charitable institution, under the management of the Board of Ad-
ministration. The members of each board of visitors shall be appointed :
One for two years, one for four years, and one for six years from the first
day of March, 1909, and until their respective successors are appointed
and qualify. And on the first day of March, 1911, and every two years
CHAEITIES. Ill
thereafter, the Governor shall in like manner appoint one person as the
successor of each member of each Board of Visitors whose term shall
expire in that year, to serve as such member for six years and until his
successor is appointed and qualifies. Two members of each Board of
Visitors shall constitute a quorum. One member of each Board of
Visitors shall be a womam Each member of the Board of Visitors be-
fore entering upon the duties of his, or her, office shall take the oath
prescribed by the Constitution of this State for State officers. The said
oath shall be filed in the office of the Secretary of State.
(B) .Vacancy.] . In case of a vacancy in any Board of Visitors, pro-
vided for herein, the unexpired term shall be filled by appointment by
the Governor, by and with the advice and consent of the Senate. When
the Senate is not in session the Governor may make appointments to fill
vacancies, but all appointments made when the Senate is not in session
shall be subject to confirmation by the Senate at its next session before
becoming permanent.
(C) Duties.] Each Board of Visitors provided for herein shall:
1. Maintain an effective inspection of its respective institution, for
which purpose the visitors, or a majority thereof, shall visit and inspect
the institution at least once each quarter in the cases of institutions hav-
ing the whole State for a district and at least once each month in the
cases of institutions whose districts are fractional parts of the State. For
such purpose each visitor shall have free access at any time to the
grounds, buildings and all books and papers of the institution.' All per-
sons connected with any such institution shall give such information
and afford such facilities for any inspection, examination, or inves-
tigation as the visitor may require. It shall make a written report to
the Charities Commission within ten days after such inspection, such
report to be signed by each member making the inspection. Such re-
port shall state in detail the condition of the institution, and of its
inmates, and such other matters pertaining to the management and af-
fairs thereof, as, in the opinion of the visitors, shall be brought to the
attention of the Charities Commission and may contain recommenda-
tions as to needed improvement in the institution or its management.
2. Keep in a book, provided for that purpose, a fair and full record
of its doings, which shall be open at all times to the inspection of the
Governor, a committee of either house of the Legislature, the Charities
Commission, or any person anoointed by the Governor, or the said Char-
ities Commission to examine the same.
3. Hold regailar meetings at least once each quarter in the cases of
institutions having the whole State for a district and at least once each
month in the cases of institutions whose districts are fractional parts
of the State; and cause to be typewritten, within ten days after each
such meeting, the minutes and proceedings of such meeting, and cause
a copy thereof to be sent forthwith to each visitor and to the Charities
Commission.
4. Enter in a book, kept at the institution for that purpose, the date
of every visit of each visitor.
112
CHAKITIES.
5. Make to the Charities Commission, in July of each year, a de-
tailed report of the result of its visits and inspections, with suitable
suggestions, and such other matters as may be required of it by the said
Charities Commission for the year ending on the thirtieth day of June
preceding the date of such report.
(D) No compensation — EXPENSES.] The said visitors shall re-
ceive no compensation for their time or services, but the actual expenses
of each one of them, while engaged in the duties of his office, and any
actual outlay made by them for any actual aid and assistance required
in examination and investigation, on being made out and verified as pro-
vided herein, shall be paid them by the Board of Administration out of
moneys appropriated for the maintenance of the institutions.
§ 8. Expenses — how certified.] Bills for traveling expenses of
any member of the Board of Administration, the Charities Commission,
or any visitor, superintendent, managing officer, or other officer or em-
ploye under either board or commission shall be itemized and made out
on blanks, as follows:
Transportation.
Sleeping
Car and
Bus. Cab,
Carriage
Hotel
and
Meals.
Incidentals.
From
To
Fare.
Extra
Fares.
and
Car Fare.
Item.
Am't.
Such bills for traveling expenses shall be certified to by the person
making the charge, as follows:
I certify that the above account is correct and just; that the detailed
items charged within are taken and verified from a memorandum kept
by me; that the amounts charged for subsistence were actually paid,
and the expenses were occasioned by official business or unavoidable de-
lays, requiring my stay at hotels for the time specified ; that I performed
the journey with all practicable dispatch, by the shortest route usually
traveled, in the customary reasonable manner, and that I have not been
furnished with transportation, or monev in lieu thereof, for any part
of the journey herein charged for.
§ 9. Officers not to be interested in contracts — penalty.]
No member of the Board of Administration or of the Charities Com-
mission; and no officer, agent or employe of either board or commission,
and no officer or manager or visitor of any State institution shall be
directly or indirectly interested in any contract or other agreement for
building, repairing, furnishing" or surmlying said institutions, or for dis-
posing of the product, or products, of any said institution. Any viola-
tion of this section shall subject the offender, on conviction, to be pun-
CHARITIES. 113
ished by a fine of not more than double the amount of said contract or
agreement, or by imprisonment in the penitentiary for a term of not
less than one nor more than three years.
§ 10. Psychopathic institute.] The Board of Administration
shall maintain the State Psychopathic Institute and shall appoint a
director thereof and a psychologist, who shall perform their duties un-
der the direction of the board. They shall receive annual salaries to be
fixed by the board. All State institutions shall cooperate with the psy-
chopathic institute in such manner as the board may from time to time
direct. The board may employ such assistants as are necessary for the
service of the State Psychopathic Institute.
§ 1.1. Appointments — civil service, j All employes of the Board
of Administration, and all employes of the Charities Commission and of
the State charitable institutions, and the director, psychologist and em-
ployes of the State Psychopathic Institute, shall be appointed under and
subject to the provisions of "An Act to regulate the civil service of the
State of Illinois," approved May 11, 1905, in force July 1, 1905,
amended: Provided, that the managing officers of all State charitable
institutions are hereby exempted from the operation of the civil service
law.
§ 12. Employes of institutions — salaries.] The Board of Ad-
ministration, from time to time, with the approval in writing of the
State Civil Service Commission, except as to the salaries of managing
officers, shall determine the annual salaries of the officers and employes
of the State institutions, which shall be uniform, as far as practicable,
for like service.
§ 13. Fiscal supervisor — general powers and duties.] Under
the supervision and direction of the Board of Administration the fiscal
supervisor shall:
1. Examine into the condition of all buildings, grounds and other
property connected with any State charitable institution, and into its
methods of bookkeeping, storekeeping, and all matters relating to its
business and financial management.
2. Study and become familiar with the relative advantages and dis-
advantages of the said institutions as to location, freight rates, efficiency
of farm and equipment, for the purpose of aiding in the determination
of the local and general requirements both for maintenance and improve-
ment.
3. In all instances of important transactions refer to the board for
counsel and approval.
4. Report regularly every quarter to the board and annually, as part
of the board's report to the Governor, the Acts and proceedings of his
office.
5. Eeceive, examine and present with his written opinion to the
board, every plan and specification for new construction or repair ex-
ceeding in estimated value one thousand dollars. He shall examine into
every plan and specification of new construction or improvement, if
—8 L
114 CHARITIES.
such improvement exceeds two hundred dollars in cost: Provided, that
all contracts for new construction;, improvement or repair must be ap-
proved by the State Architect or his Consulting Engineer and by the
board, if they exceed in value one thousand dollars, and by the Fiscal
Supervisor, if they exceed in value two hundred dollars : Provided, fur-
ther, that such approval is also required when such work is undertaken
by the management of any institution without contract : Provided, fur-
ther, that in case of an emergency, such as the breaking down of equip-
ment, so as to bring to a standstill any necessary part of the operative
machinery of a State institution, whose administration is provided for
in this Act, the fiscal supervisor, with the approval in writing of the
board and of the Governor, may go into the open market and secure
such repairs as are necessary to restore the institution to operative effi-
ciency at the earliest possible time. A surety bond in such penal sum as
determined by the fiscal supervisor shall be furnished by the contractors
whenever the value of any work exceeds five hundred dollars.
6. Arrange for interchange of farm products and other products
between and among the various institutions.
7. Enforce the provisions of this Act for the collection of money to
reimburse the State for the cost of the maintenance of patients and
inmates.
§ 14. Appropriations.] Each managing; officer of an institution,
when required by the fiscal supervisor, shall present to said fiscal super-
visor an itemized list of appropriations desired for maintenance and
special, as he considers necessary for the period of time to be covered
by such appropriations. The fiscal supervisor shall tabulate such state-
ments and present them to the Board of Administration with his recom-
mendations. It shall then become the duty of the board, with the ap-
proval of the Governor, to present the needs of the institutions to the
Legislature. For this purpose an average per capita allowance for the
insane and other dependents, defectives and delinquents shall be arrived
at and a total allowance asked for on the basis of actual population and
estimated increase, this fund to be used as further provided in this Act.
Every special need shall be itemized and the appropriation shall be
asked for that specific purpose. It shall be the duty of the fiscal super-
visor and of all other members of the board to present to the Governor
and to the Legislature such information regarding appropriations asked
for as may be required. It is the intent and meaning of this section
that all appropriations for the State institutions shall be made to the
Board of Administration and that the ordinary, or maintenance, appro-
priation shall be made to the board in a lump sum to be used for the
several institutions according to their varying needs.
§ 15. Board of joint estimate! — purchase of supplies.] The
fiscal supervisor shall call, at least annually, the managing officers of the
various State institutions to a joint meeting with a committee appointed
by the board, of which he shall be the head, for the purpose of classifying
the supplies and estimating requirements of the various institutions, so
as to provide for their most practical and economical purchase : Provid-
CHARITIES. 115
ed, that any managing officer may at such meetings be represented by an
officer of the institution,, whom he appoints for that purpose. This
joint board shall be known as the Board of Joint Estimate. It shall be
its duty, under the direction of the board, to provide for the purchase
of supplies in large quantities on contracts for periods not exceeding-
fifteen months from the date of the contract. To this end the Board 01
Joint Estimate shall annually elect from among its members two per-
sons to serve, with the fiscal supervisor, as a standing purchasing com-
mittee to execute the purchases. The fiscal supervisor shall have full
knowledge of all details of every business transaction of said committee.
The purchase of all supplies shall be decided by competitive bidding,
and competitive proposals shall be advertised for in one or more news-
papers of general circulation, published in each one of the seven largest
cities in -the State/ according to the last general census published by the
United States. Such further advertisement shall be given as the Board
of Administration may prescribe. Said proposals shall be opened in
public on the day and hour and at the place specified in the advertise-
ment. The purchasing committee shall have the power, however, to
reject any or all bids, readvertise for competitive proposals, as herein-
before provided: Provided, however, that the purchasing committee
shall have the poAver to purchase supplies for emergencies. In such cases
the said purchasing committee shall have certified in writing to the
Board of Administration that an emergency exists, and said board shall
have authorized the purchase.
It shall be the duty of the State Food Commissioner to cooperate
with the purchasing committee, or managing officer, in making such
tests as are necessary to determine the quality, strength or purity of food
supplies.
Supplies and material produced in the State shall be preferred in the
purchase, provided that such preference shall not be made at the ex-
pense of the State.
§ 16. Monthly estimates of expenses — contingent fund.]
For the purpose of proper regulation, recording and auditing of the
various expenditures of the institutions, the managing officer of each
institution shall prepare and present to the fiscal supervisor in tripli-
cate, not less than fifteen days before the first day of the month re-
ferred to, and on forms furnished by the Board of Administration, a
detailed monthly estimate of all needed supplies, materials, salaries and
improvements. It shall be the duty of the fiscal supervisor to review
and, for reasons given in writing, alter, if deemed by him necessary, such
estimates : Provided, that the managing; officer issuing the estimate shall
have the right of appeal to the board, should he consider, in his best
judgment, such alteration harmful to the best interests of the institu-
tion under his charge. Estimates for periods longer than one month
may be made in the same manner by managing officers for staples
designated by the Board of Joint Estimate or for other supplies. Each
estimate may include a contingent fund of not to exceed 2 per cent
of the total amount of the estimate for maintenance for the period of
11G CHARITIES.
the estimate, for which contingent fund no detailed account need be
given in the estimate, but which can not be drawn upon except in due
form specified by this Act, and by the rules of the board.'
The fiscal supervisor shall return to the managing officer one copy of
the monthly and other estimates with his approval or alteration in writ-
ing, one copy so approved or altered he shall present to the State Audi-
tor, and one copy so approved or altered he shall file in his own office.
It shall be the duty of the State Auditor to ascertain that the estimates
so received do not exceed the respective appropriations. The State
Auditor shall draw warrants on the State Treasurer monthly for the
salary funds and contingent funds for each institution, and such funds
shall be placed in the hands of the managing officer of each institution.
Itemized vouchers for all funds, including pay rolls, shall be drawn in
triplicate, one copy being held by the managing officer issuing such
voucher, one copy presented to the fiscal supervisor and one copy to the
State Auditor, who shall issue a warrant on the State Treasurer for each
voucher. Each voucher shall contain a sworn affidavit of the managing
officer, or some other bonded officer designated by the managing officer,
certifying that the supplies and materials purchased or improvements
and repairs made or special services rendered were fully satisfactory, or
conforming to sample, as the case may be; that the approving officer
was in no way financially interested in the purchase or work performed,
and that he has full knowledge of the value of the purchase or work,
such affidavit being made according to forms provided by the board :
Provided, that pay rolls for temporary employes employed in case of
emergency may be made at any time after the services are performed.
All such pay rolls shall be sworn to by the managing officer the same
as in cases of other vouchers, and the affidavit shall show that each and
every person named in the pay roll actually rendered the services for
the time and at the rate charged in the pay rolls.
§ 17. State treasurer to be treasurer— exception.] ' It is the
intent of this Act that the State Treasurer shall act as treasurer for all
funds in the jurisdiction of the Board of Administration, and shall pay
no moneys except in accordance with .the provisions of this Act : Pro-
vided, that the moneys designated and approved of by the fiscal supervisor
and the State Auditor as salary fund and contingent fund in the month-
ly estimate shall be placed, not later than on the first day of the month
so provided for, in the hands of the managing officer of each institu-
tion, who shall act as treasurer for such funds. Institution moneys in
the hands of the several institution treasurers, when this Act goes into
effect, shall be transferred forthwith to the State Treasurer. Moneys
collected from various sources by superintendents and in the hands of
the superintendents or the institution treasurers when this Act goes
into effect shall be transmitted forthwith by such superintendents or
treasurers to the State Treasurer. Moneys collected from various sources
such as the sale of manufactured articles, of farm products and of all
miscellaneous articles, shall be transmitted monthly to the State Treas-
urer and a detailed statement of such collections shall be made monthly
to the Fiscal Supervisor by the managing officer of the institution.
CHARITIES. 11?
§ 18. Bonded employes.] The Board of Administration shall pre-
scribe and require surety bonds from the fiscal supervisor, and from each
managing officer, steward, storekeeper or any other State officer or em-
ploye under the jurisdiction of the Board of Administration, where
deemed advisable, in such penal sums to be determined by the board.
The cost of such bonds shall be paid by the State out of funds appro-
priated to the board. Whenever a vacancy occurs in any position held
by any bonded officer or employe, there shall forthwith be made an in-
ventory of stock, supplies and records under the charge of such officer
or employe.
§ 19. Admission of patients and inmates.] The admission of
patients and inmates to State hospitals for the insane and the Lincoln
State School and Colony shall be under the control and direction of the
Board of Administration. The board is authorized to divide the State
into districts, for the purpose of regulating the admission of patients to
hospitals for the insane. The said board shall have power to change the
boundaries of such districts, from time to time, as may be necessary or
expedient. Whenever such division or regulation shall have been made,
as aforesaid, the said board 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
hospital, and file the same with the Secretar}^ of State, and send a copy
thereof to the superintendent of each hospital, 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 be divided into such districts. Whenever
any change in such classification or regulation shall be made thereafter,
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 superintendents of the respective State hospitals. Each
State hospital for the insane shall receive patients, whether in an acute
or chronic condition of insanity, from the district in which the hospital
is situated.
§ 20. Removal of insane and feeble minded from county
almshouses to State institutions.] The Board of Administration is
hereby required and empowered to cause the removal of insane persons
from county almshouses to State hospitals for the insane and of feeble
minded women and children from county almshouses to the Lincoln
State School and Colony as rapidly as room is provided for such pa-
tients and inmates in such State institutions. As such room is provided
from time to time, the board shall forthwith direct the superintendents
of county asylums, or almshouses, to send such number of insane pa-
tients to State hospitals and such number of feeble minded women and
children to the Lincoln State School and Colony as can be accommodated
therein. All county authorities sending patients or inmates to any
State hospital or the Lincoln State School and Colony shall comply with
all directions prescribed by the Board of Administration.
After sufficient accommodations shall have been provided in State
institutions for all the pauper and indigent insane of all the counties of
118 CHARITIES.
the State, the cost of clothing and other incidental expenses of county
insane patients in State hospitals shall not be a charge npon 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 Board of Administration to deter-
mine whether the accommodations are sufficient 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 superintendents of each State hospital and county asy-
lum, and to each county almshouse and to each countv 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.
The foregoing provisions of this section relating to the insane shall
not apply to or include counties of more than one hundred and fifty
thousand inhabitants, until all the counties of this State having a popu-
lation of less than 150,000 inhabitants (as determined by the then last
preceding federal census) shall have been provided for. Whenever the
counties of over one hundred and fifty thousand inhabitants, or any one
of them, desire to be included in the provisions of this section relating
to the insane, such counties, or any one of them, may be included therein
in the following manner. The county board of such county so desiring
to be included therein shall pass a resolution and spread such resolution
upon the records of such county board, making application to the Gov-
ernor to transfer any or all of such buildings, land, appurtenances and
equipment as are used by it as a county insane asylum to the State to be
used for the same purpose. A certified copy of such resolution shall
be sent to the Governor and the said resolution shall be considered the
required application. The Governor shall thereupon transmit said ap-
plication to the Board of Administration, whereupon said board shall
examine into the condition of such buildings, land, appurtenances and
equipment, with a view to ascertain whethe.r such property is suitable
for the purposes of a State hospital for the insane ; and shall report its
findings and conclusions to the Governor. Whereupon, if the board ap-
proves the transfer to the State, and if the Governor shall approve the
same, said county insane asylum shall be converted into a State hospital
for the insane, and its inmates shall become wards of the State.
§ 21. Beturn or commitment to county institutions forbidden
— county care of insanb forbidden.] No insane person now, or
hereafter, under the care of any State hospital in this State, shall be re-
turned or committed to the care of any county insane asylum or alms-
house, or to any county, town or city authorities; and the said county,
town or city authorities are hereby forbidden to. receive any such patient
who may be returned or committed to them in violation of this section.
After the State has assumed complete care of the public insane, no in-
CHARITIES. 119
sane person shall be permitted to remain nnder county care, but all
public insane shall be committed to the State hospitals for the insane, or
to private hospitals for the insane, as provided herein.
§ 22. Transfer, of insane patients.] The Board of Administra-
tion shall have the power to transfer, by its order, patients from one
State hospital for the insane to another, when in its judgment such trans-
fers are advisable.
§ 23. Support of inmates.] The Board of Administration shall
secure from relatives or friends, who are liable or may be willing to
assume the cost of support of inmates of State hospitals, reimbursement,
in whole or in part, of the money expended for such support ; said board
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, reimbursement, in whole or in
part, of the money so expended. The comrjensation of each agent shall
not exceed five dollars a day and the necessary traveling and other inci-
dental expenses actually incurred by him.
The said board may fix a rate to be paid for the support of the in-
mates of State hospitals by the relatives liable for such support, or by
those not liable for such surmort 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.
§ 21. Postal rights.] Any insane patient in any State hospital
shall be allowed to correspond, without restriction, with any member
of the Board of Administration, of the Charities Commission and of the
Board of Visitors of the State hospital where such insane patient is
given treatment and care; and with the county judge and the State's
attorney of the county from which such insane patient was committed.
§ 25. Sale; of unclaimed personal property of discharged or
deceased patients.] All articles of personal property belonging to a
discharged or deceased patient of a State hospital for the insane and in
the custody of -the superintendent or other proper officer of such hos-
pital, may, if unclaimed by such discharged patient, or the legal rep-
resentative of such deceased patient, for a period of six months after
the discharge or decease of such patient, be sold at public auction in
such manner and after such notice, or advertisement, as the Board of
Administration shall prescribe, and the .proceeds of such sale shall be
paid into the amusement fund of such hospital. If any money deposited
with a managing officer by relatives, conservators or friends of any in-
mate for the special comfort or pleasure of any such. inmate remains
unexpended after the discharge or death of such inmate, the said un-
exp?nded balance shall be paid into the amusement fund of the State
institution which provided care and treatment' for the said inmate:
Provided, that the money is not claimed by a discharged inmate within
six months after discharge, or by the les:al representative of such de-
ceased inmate within six months after the death of such inmate.
§ 26. Boarding out insane patients.] Any insane patient in
any State hospital for the insane may be placed at board in a suitable
120 CHARITIES.
family home by the board, if said board considers such course expe-
dient. The cost to the State of the maintenance of any such boarded
out patient shall not exceed the average per capita cost of maintenance
in the institution from which such patient is so boarded out. Bills for
the support of a patient so boarded out shall be payable quarterly out
of the proper maintenance funds and shall be audited as are other ac-
counts of the board. The board shall cause all persons who are boarded
out by it in family homes at public expense to be visited at least once
each three months, and for this purpose the said board is authorized
and empowered to appoint, subject to the provisions of the State civil
service law, such visitors as are necessary. Upon the complaint of any
boarded out patient or of any responsible citizen or member of the house-
hold where such patient is boarded out, the board immediately shall
send a visitor to investigate, and, if needful, such patient shall be re-
moved at once to a State hospital for the insane or to another boarding
place. Where there is no complaint the board shall cause to be removed,
as above, any patient who, upon visitation, is found to be abused, neglect-
ed or improperly cared for when boarded out in a family home. The
board may permit any boarder temporarily to leave custody as an in-
sane person in charge of his guardian, relatives, friends or by himself,
for a period not exceeding one year, and may receive him again into such
custody when returned by any such guardian, relative or friend or upon
his own application, within such period, without any further order of
commitment and may, during such temporary absence, assist in his
maintenance to an amount not exceeding the rate paid for his board
when boarded out in a family home by the board.
§ 27. After care of the insane.] To secure for patients in State
hospitals for the insane, the earliest possible discharge from such hos-
pitals and a continuance of expert medical service after discharge, free
of cost, each such hospital shall institute a plan for the after-care of
paroled patients and of discharged convalescent patients as follows :
A staff physician, or some other suitable person, shall when the super-
intendent deems necessary, visit the home of any paroled patient or
any convalescent patient before discharge and advise with the family
as to the care and occupation most favorable for the patient's continued
improvement and return to health ; and such visits shall be made from
time to time to the patient after parole or discharge, as are considered
advisable by the superintendent.
§ 28. Institutions for mental and nervous cases — board to
license — commitments to unlicensed institutes forbidden.] all
institutions, other than State institutions, giving treatment and care to
persons suffering from mental and nervous diseases, shall provide the
Board of Administration with detailed information from time to time,
regarding their physical equipment and medical and nursing service,
and shall furnish the board a written certified statement every three
months, giving the admissions, deaths and discharges during the previ-
ous three months. The board shall license such institutions as it deems,
after careful inspection, to be suitably equipped and conducted for the
CHARITIES. 121
treatment and care of persons suffering from mental or nervous diseases,
and no person so suffering shall be committed to or received or kept
against his or her, will, contrary to law, in any such institution not hav-
ing a valid license from the board. Any superintendent or responsible
head of an institution receiving or keeping, contrary to his, or her, will,
any person in any such institution, not licensed as aforesaid, shall be
punished by a fine of not less than fifty dollars nor more than 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 dis-
cretion of the court.
§ 29. Occupation for inmates.] It shall be the duty of each man-
aging officer to develop such occupations as shall serve the mental, moral
and physical improvement or the happiness of the inmates, and it shall
be the duty of the board so to coordinate these activities as will best
serve an educational, economical and efficient administration of all the
institutions, but without prejudice to the primary needs of suitable
education for the inmates.
§ 30. Visitation of children — certification of associations.]
The Board of Administration shall possess and have all the powers and
shall perform all the duties in regard to the visitation of children placed
in family homes and the incorporation, supervision and certification of ■
associations whose objects may embrace the care of dependent, neglected
or delinquent children, which are now vested by law in the Board of
State Commissioners of Public Charities; and the said Board of State
Commissioners of Public Charities is hereby relieved from any duty
heretofore imposed upon it by any law of this State in relation thereto,
and the said Board of Administration is fully authorized and empowered
from and after the date this Act goes into effect to perform the same.
§ 31. State conferences.] The Charities Commission, at such
times and places as it deems advisable, may hold conferences of officers
of State, county and municipal charitable [institutions,] officials re-
sponsible for the administration of public fund,s used for the relief or
maintenance of the poor, and boards of institution visitors, and of
county visitors, to consider in detail questions of management, the
methods to be pursued and adopted to secure the economical and effi-
cient conduct of such institutions, the most effective plans for granting
public relief to the poor, and similar subjects. All officials duly in-
vited to such conferences shall be entitled to actual necessary expenses,
payable from any funds available for their respective boards and insti-
tutions : Provided, they procure a certificate from the executive secretarv
of the said Charities Commission that they were invited to and were in
actual attendance at the sessions of the conference.
§ 32. Plans for jails and- almshouses submitted to board.]
No county, city or village shall erect, add to or remodel a jail, alms-
house, infirmary, house of correction or workhouse without first
submitting plans and specifications therefor to the Board of Adminis-
tration for its criticism and suggestions for the improvement of same.
122 CHAKITIES.
§ 33. Investigations.] The Board of Administration and the
Charities Commission may make such investigations as may be neces-
sary to the performance of their respective duties imposed by law. In
the course of any such investigation each member of either board or
commission shall have the power to administer oaths, and either board
or commission shall have power to secure by its subpoena both the at-
tendance and testimony of witnesses and the production of books and
papers relevant to such investigation.
§ 34. Compelling testimony of witnesses — production of books
and papers.] Any person who shall be served with a subpoena by the
Board of Administration or the Charities Commission to appear and
testify, or to produce books and papers, issued by either board or com-
mission in the course of an investigation authorized by law, and who
shall refuse or neglect to appear, or to testify, or to produce books and
j)apers relevant to said investigation, as commanded in such subpoena,
shall be guilty of a misdemeanor and shall, on conviction, be punished
by a fine of not less than fifty dollars nor more than 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. The fees of witnesses for attendance and travel shall be the
same as the fees of witnesses before the circuit courts of this State.
Any circuit court of this State, or any judge thereof, either in term
time or vacation, upon application of any member of either board or
commission may, in his discretion, compel the attendance of witnesses,
the production of books and papers, and giving of testimony before
either board or commission, or before any member of either board or
commission, by an attachment for contempt or otherwise, in the same
manner as production of evidence may be compelled before said court.
Every person who, having taken an oath or made affirmation before a
member of either board or commission, shall wilfully swear or affirm
falsely, shall be guilty of perjury and upon conviction shall be punished
accordingly.
§ 35. Expenses — board of administration.] There is hereby ap-
propriated to the Board of Administration for the two years ending June
30, 1911, the following amounts per annum, or so much thereof as may
be necessary: For chief clerk, $2,500 per annum; for statistician,
$2,100 per annum; for general bookkeeper, $1,800 per annum; for
salaries [of] bookkeepers, clerks, stenographers and all other necessary
employes, $10,000 per annum ; for traveling, office and all other expenses
of the board and its employes, $14,000 per annum.
§ 36. Time when Act goes into full effect.] To give the
Board of Administration, provided for herein, adequate time to prepare
the administrative details for its actual service, no part of this Act
shall be in force and effect before the first day of January, 1910, ex-
cept paragraphs A, B, C, D, and E, of section 4, and section 35 which
shall go into effect on July 1, 1909. This Act shall be in full force and
effect in all of its particulars from and after the first day of January,
1910, when the Board of Administration shall assume all of its duties.
CHAEITIES. 123
The salaries of the members of the said Board of Administration shall
be allowed them beginning with the date of their taking the oath pre-
scribed in section 4 of this Act, and they, further, shall be allowed,
from any funds in the State treasury not otherwise appropriated, such
expenses as are incurred in preparation of the details of the service
which becomes operative fully on the first day of Januarj^, 1910.
§ 37. The Auditor of Public Accounts is hereby authorized to draw
his warrant upon the State Treasurer for the moneys appropriated in
this Act to the Board of Administration upon the order of said board
and attested by the secretary, with the seal of said board attached, and
approved by the Governor.
§ 38. Kepeal.] The following Acts and parts of Acts are hereby
repealed :
An Act "entitled, "An Act to provide for the appointment of a Board
of Commissioners of Public Charities and defining their duties and
powers," approved and in force April 9, 1869. •
An Act entitled, "An Act to promote the care and curative treatment
of the insane," approved June 4, 1907, in force July 1, 1907.
Approved June 15, 1909.
SOLDIERS AND SAILORS-*-BURIAL,.
§ 1. Amends section 2, Act of 1907. I § 2. As amended, allows $50
for burial expenses.
(House Bill No. 19. Approved June 8, 1909.)
An Act to a/mend section two of an Act entitled, "An Act to provide for
the burial of deceased indigent or friendless soldiers, sailors or ma-
rines of the late civil war, the Spanish-American war, the PhiUippine
insurrection and the Boxer uprising in China, or their mothers, wives
or widows/' so as to increase the sum that may be expended in any
one case to fi.fty dollars.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section two of an Act entitled,
"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 PhiUippine insurrection, and the Boxer uprising in China, or
their mothers, wives or widows," shall be amended so as to read as
follows :
§ 2. The expense of such burial shall not exceed the sum of fifty dol-
lars, 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 relatives of the de-
ceased, 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.
Approved June 8, 1909.
12-4 CHARITIES.
SOLDIERS AND SAILORS— RELIEF.
§ 11. Executive powers — of-
fice in county build-
ing — appropriations
— employes — civil
service.
§ 1. Adds sections 10 and 11 to Act
of 1907.
§ 10. Central relief commit-
tee in counties over
250,000 — powers and
duties.
(House Bill No. 12. Approved June 14, 1909.)
Azsr Act to amend "An Act to regulate the granting of relief to indigent
war veterans and their families, and to repeal a certain Act therein
named," approved May 25, 1907, in force July 1, 1907, by adding
thereto two new sections to be kn&wn as section No. 10 and section
No. 11, respectively.
Section 1. Be it enacted by the People of the State^ of Illinois rep-
resented in the General Assembly: That "An Act to regulate the grant-
ing of relief to indigent war veterans and their families, and to repeal
a certain Act therein named," approved May 25, 1907, in force July 1,
1907, by adding thereto two new sections to be known as section No.
10 and section No. 11, [respectively.]
§ 10. In all counties having a population of 250,000 or more, where
there are two or more posts of the Grand Army of the Eepublic, a cen-
tral relief committee shall b^e organized to be known as the Commanders'
Association of the Posts of the Grand Armv of the Eepublic in such
county. This organization shall be composed of the active commanders
of the different posts as they may be elected from year to year. When
so organized this association shall be clothed with all the powers and
charged with all the duties which now devolve upon the different posts
as provided in section two of the present -law.*
They shall have general oversight of the distribution of all supplies
appropriated by the county for the benefit of the indigent veterans of
the civil and other wars and their families; they shall formulate such
rules and regulations among themselves and with the county authorities
as will enable them to carry out the snirit and intent of this law.
§ 11. The executive powers of this association shall be vested in the
superintendent and secretary, both elected bv the association from among
civil war veterans. They shall, under direction of the association, main-
tain an office in the county building or other central location, said office
to be used solely by the association for the carrying on of this relief
work. This office to be provided, furnished and equinned by the county
with all necessary supplies, including telephone, printing, stationery,
postage, etc. This office shall be conducted in the interest of, and for
the relief of, indigent and suffering soldiers, sailors and marines who
served in the war of the rebellion or other wars, and their families, and
the families of such deceased veterans who need assistance. It shall be
in charge of the superintendent who shall hear, investigate jmd report
to the county authorities upon all claims for relief under this law and
his decision shall be final in all such cases.
In addition to the amount appropriated each year for relief under this
law by the counties where this association is organized, there shall be
CHARITIES. 125
appropriated such additional sum not to exceed $5,000.00 as will com-
pensate the labor of the superintendent, not to exceed $1,200.00 annually,
and the secretary, not to exceed $900.00 annually, payable in monthly
installments and such further investigating visitors or employes as shall
be required to properly do this work, and also to care for office relief re-
quiring prompt action, not to exceed $250.00 annually. These positions
to be filled as far as possible from time to time, by veterans of the civil
war to be selected by the superintendent. The superintendent may be
required by the association to give bond in the sum of $2,000.00 for the
faithful performance of the duties required of him under this law.
All persons elected or selected to fill positions provided for in this
section shall be exempt from the operation and provisions of any civil
service Acts or laws of this State.
Approved June 14, 1909.
SOLDIERS' ORPHANS' HOME — SALE OP LOTS.
§ 1. Authorizes sale and conveyance of certain lots.
(House Bill No. 95. Approved June S, 1909.)
An Act authorizing the board of trustees of the Soldiers' Orphans'
Home, located at Normal, Illinois, to sell lots two (2) and three (3)
in block thirty-seven (37) in Cassida^'s addition to the city of Joliet,
Will county, Illinois.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the board of trustees of the
Soldiers' Orphans' Home, located at Normal, Illinois, is hereby au-
thorized and empowered to convey by quit claim deed at private sale all
the right, title and interest of said home and the People of the State
of Illinois in and to lots two (2) and three (3) in block thirty-seven
(37) of Cassaday's addition to Joliet, in Will county, Illinois, for the
sum of not less than three hundred dollars ($300).
Approved June 8, 1909.
126 CITIES, VILLAGES AND TOWNS.
CITIES, VILLAGES AND TOWNS.
FIRE DEPARTMENT — TREASURER OF TAX FUND.
§ 2. Penalties — to what mu-
nicipalities Act ap-
plies.
§ 1. Amends sections 1 and 2, Act
of 1895.
§ 1. As amended, provides
for election of treas-
urer of Are depart-
ment, etc.
(Senate Bill No. 273. Approved June 10, 1909.)
An Act to amend sections one and tivo of an Act entitled, "An Act to
enable cities, towns and villages organized under any general or special
law to levy and collect a tax or license fee from foreign fire insur-
ance companies for the benefit of organized fire departments/' in
force July 1, 1895, of which section 1 was amended by Act approved
May 12, 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 sections one and two of an Act
entitled, "An Act to enable cities, towns and villages organized under
any general or special law to levy and collect a tax or license fee from
foreign insurance companies for the benefit of organized fire depart-
ments," in force July 1, 1895, of which section 1 is amended by Act
approved May 12, 1905, in force July 1, 1905, be and the same is here-
by amended to read as follows:
§ 1. All corporations, companies and associations not incorporated
under the laws of this State, and which are engaged in any city, town or
village organized under any general or special law of this State, in af-
fecting fire insurance, shall pay to the treasurer of the city, town or vil-
lage 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 such city, town or village ; and any city, town or village of less
than fifty thousand inhabitants, having an organized fire department,
shall cause to be passed an ordinance providing for the election of offi-
cers of such organized fire department, by the department, which shall
include a treasurer, and make all such rules and regulations - in respect
thereof and the management of said fund as may be needful ; that in all
such cities, towns or villages the treasurer shall pay such sum received
from insurance companies to the treasurer of the fire department of the
city, town or village in which it is collected. The treasurer of such fire
'department shall give a sufficient bond to the city, town or village in
which such fire department is organized, to be approved by the president
of the village, or mayor, as the case may be, conditioned for the faith-
ful performance of his duties under the ordinances uassed as aforesaid
by said city, town or village ; and the treasurer of the fire department
shall receive the money so collected and shall pay out the same upon the
order of the said fire department for the purposes of the maintenance,
use and benefit of such department: Provided, that in any city, town
CITIES, VILLAGES AND TOWNS. 127
or village where a fireman's pension fund is or may be established un-
der other laws of this State fifty per cent of the amount so collected
shall be set apart and appropriated by the city, town or village to the
fund for the pensioning of disabled and super-annuated members of the
fire department, and of the widows and orphans of deceased members of
the fire department of cities, towns and villages having an organized fire
department. Cities, towns and villages are hereby empowered to pre-'
scribe 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, companies
and associations shall pay upon the amount of all premiums which,
during the year ending on every first day of July, shall have been re-
ceived for any insurance effected or agreed to be effected in the city,
town or village, by or with such corporation, companies or association re-
spectively. Every person who shall act in any city, town or village as
agent or otherwise, for or on behalf of such corporation, company or
association, shall, on or before the fifteenth day of July, of each and
every year, render to the city, town or village clerk 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 cor-
poration, company or association, and shall specify in said report the
amounts received for fire insurance. Such agents shall also pay to the
treasurer of any such city, town or village, at the time of rendering the
aforesaid report, the amount of rates fixed by the ordinance of the said
cities, towns or villages, for which the companies, corporations or asso-
ciations represented by them are severally chargeable by virtue of this
Act, and the ordinance passed in pursuance thereof. If such account be
not rendered on or before the day herein designated for that purpose, or
if the said rates shall remain unpaid after that day, it shall be unlawful
for any corporation, company or association so in default to transact any
business or insurance in any such city, town or village until the said
requisition shall have been fully complied with; but this provision shall
not relieve any company, corporation or association from the payment of
any risk that may be taken in violation hereof.
§ 2. Any person or persons violating any of the provisions of this
Act shall be subject to indictment, and upon conviction thereof in any
court of competent jurisdiction, shall be fined in any sum not exceeding
one thousand dollars or imprisonment in the county jail not exceeding
six months, either or both in tbe discretion of the court. The amount of
said tax or license fee may be also recovered of said corporation, company
or association or its agents, by an action in the name and for the use of
any such city, town or village as for money had and received : Provided,
that this Act shall only apply to such cities, towns and villages as have
established and maintained, by and under municipal ordinances, a fire
department for the prevention of fires.
Approved June 10, 1909.
128 CITIES, VILLAGES AND TOWNS.
FIREMEN'S PENSION FUND.
4. Rewards — gifts — de-
vises, etc. — perman-
ent fund.
§ 1. Amends sections 1 and 4, Act of
1887.
§ 1. As amended, provides
for transfer of one-
half of funds set
apart under Act of
1877.
(House Bill No. 667. Approved June 12, 1909.)
An Act to amend section 1 and section 4 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 re-
tirement from service and pensioning of members of the fire depart-
ment, and for other purposes connected therewith, in cities, villages or
incorporated towns, whose population exceeds five thousand inhabi-
tants, having a paid fire department" approved May 13,
1887, in force July 1, 1887, and as amended by an Act
entitled, "An Act to amend sections three (3), seven (7),
eight (8) and ten (10) of an Act entitled, 'An Act to create
a board of trustees of the firemen's pension fund; to provide and dis-
tribute such fund for the pensioning of disabled firemen and the wid-
ows and minor children of deceased firemen; to authorize the retire-
ment from service and pensioning of members of the fire department,
and for other purposes connected therewith in cities, villages or incor-
porated towns whose population exceeds fifty thousand inhabitants,
having a paid fire department/ approved May 13, 1887, in force July 1,
1887," approved March 28, 1889, in force July 1, 1889, as amended
by an Act entitled, "An Act to amend sections one (1), two (2), three
(3), -four (If), 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 fire-
men's pension fund; to provide and distribute such fund for the pen-
sioning of disabled firemen and the widows and minor children of de-
ceased firemen.; to authorize the retirement from service and the pen-
sioning of members of the fire department, and for other purposes con-
nected therewith, in cities, villages or incorporated towns, whose pop-
ulation exceeds fifty thousand inhabitants, having a paid fire depart-
ment,' approved May 13, 1887, in force Juhj_ 1, 1887, and as amended
by an Act approved March 28, 1889, in force July 1, 1889, as amended
by an Act approved June 1, 1907, in force July 1, 1907."
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 1 and section 4 of an
Act entitled "An Act to create a board of trustees of the firemen's pen-
sion 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 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,
CITIES, TILLAGES AND TOWNS. 129
1887, in force July 1, 1887/' as amended by an Act entitled, "An Act to
amend sections three (3), seven (7), eight (8) and ten (10) of an Act
entitled, 'An Act to create a hoard 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 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/' approved March 28, 1889, in force
July 1, 1889, as amended by an Act entitled, "An Act to amend sec-
tions one (1), two (2), three (3), four (4), six (6), eight (8), ten
(10), eleven (11) and six-teen (16) and the. title pf 'An Act to create
a board of trustees of the firemen's pension fund; to provide and dis-
tribute such fund for the pensioning of disabled firemen and the
widows and minor children of deceased firemen; to authorize the retire-
ment from service and the pensioning of members of the fire depart-
ment, and for other purposes connected therewith, in cities, villages or
incorporated towns, whose population exceeds fifty thousand inhabi-
tants, 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, as amended by an Act approved June 1, 1907, in
force- July 1, 1907," be and the same is hereby amended to read as
follows :
§ 1. That in all cities, villages or incorporated towns whose popu-
lation .exceeds five thousand, having a paid fire department, one (1)
per centum of all revenues collected or received by such cities, villages
or incorporated towns from licenses issued by such cities, villages or in-
corporated towns; also all fines imposed for violations of fire ordi-
nances, 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 incorpor-
ated towns, to whom the same shall be paid as a fund for the pension-
ing of disabled and superannuated members of the fire departments
and of the widows and orphans and dependent 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. In each city and village
in this State whose population exceeds 5,000, wherein a fund has been
set apart for the relief of disabled members of the police and fire de-
partments of such city or village, by virtue 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, in force July 1. 1877, as
amended by Act approved May 10, 1901, in force July 1, 1901, one-half
-9 L
130 CITIES, VILLAGES AND TOWNS.
of all funds and property forming a part of such fund shall be trans-
ferred by the authorities having charge thereof to, and form part of the
pension fund provided for in such cities and villages, under the pro-
vision of this Act.
§ 4. All rewards in moneys, fees, gifts and emoluments that may
be paid or given for or on account of extraordinary services by said
fire department, or any member thereof (except when allowed to be
retained by petitive [competitive] award), shall be paid into said pen-
sion fund. The said board of trustees may take b}^ gift, grant, devise
or bequest, any money, real estate, personal property or other valuable
thing, the annual income of which shall not exceed one hundred thou-
sand dollars ($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 depart-
ment, 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 $200,000 shall be received and accumulated, in cities
having a population of over 100,000; and when $50,000 shall be re-
ceived and accumulated in cities having a population of less than
100,000 and more than 75,000; and when $25,000 shall be received and
accumulated in cities having a" population of less than 75,000 and more
than 25,000; and when $15,000 shall be received and accumulated in
cities having a population of less than 25,000 and more than 5,000, such
sums shall in each case be retained as a permanent fund, and thereupon
and thereafter the annual income of' each such fund, and any excess
thereof, in each such case, shall be available for the uses and purposes
of such pension fund.
Approved June 12, 1909.
ORDINANCES AUTHORIZING ISSUE OF BONDS — REFERENDUM.
§ 1. Requires submission of certain I § 2. Separate ballot — form,
ordinances to voters.
(Senate Bill No. 476. Approved June 4, 1909.)
An Act requiring cities, villages and incorporated towns to submit cer-
tain ordinances authorizing the issue of bonds, except to refund any
existing bonded indebtedness, to the voters of any such city, village
or incorporated town.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That hereafter no ordinance passed
by the city council of any city, or board of trustees of- any village or
incorporated town, as the case may be, which provides for or authorizes
the issue of bonds (except bonds to refund any existing bonded in-
debtedness), shall become operative, effective or valid until any such
ordinance shall have been submitted to the voters of any such city or
village or incorporated town, as the case may be, at the next' succeeding
CITIES, VILLAGES AND TOWNS.
131
general or special election or any special election called for that pur-
pose, and approved by a majority of such voters voting npon the ques-
tion.
§ 2. Such ordinance shall be printed on a ballot, which shall be
separate and distinct from the ballot for candidates for office, stating
the amount of the bond issue provided for in such ordinance and the
specific purpose or purposes for which such bonds or obligations are
to be issued.
The ballot to be used at any such election in voting under this Act
shall be substantially in the following form :
Shall bonds or obligations for the purpose of
(state specific purpose) in the' sums of $ 00
be issued by the city council (or board of trustees,
as the case may be).
Yes
No
Approved June 4, 1909.
ORGANIZATION — PROCEEDINGS LEGALIZED.
Legalizes certain elections-
formalities cured — remedy
§ 2. Emergency.
(House Bill No. 732. Approved June 10, 1909.)
An Act to legalize tlie organization of certain cities, towns and vil-
lages, under an Act entitled "An Act to provide for the incorpora-
tion of cities and villages,3' approved April 10, 1872, in force July
1, 1872.
Section 1. Be it enacted ~by the People of the State of Illinois rep-
resented in the General Assembly: That whenever the inhabitants of
any contiguous territory of this State, possessing all the legal qualifica-
tions therefor, have in good faith attempted to organize such territory as
a village under and in pursuance of an Act entitled, "An Act to provide
for the incorporation of cities and villages," approved April 10, 1872,
in force July 1, 1872, but have failed to file certified copy of the result
of the election for such organization, the canvass of the votes, and the
result of the election for first officials, for record in manner as pre-
scribed by law, and such village has in good faith for a period of at
least five years thereafter continuously and uninterruptedly exercised
the powers of a municipal corporation, purporting to act under and in
pursuance of the Act of the Legislature aforesaid, and where said
village has in all other respects, than as heretofore herein specified,
complied with the requirements of the statutes of the State of Illinois,
or other laws in force in said State, relative to the organization of
132 CITIES, VILLAGES AND TOWNS.
cities and villages;, such village shall and the same is hereby declared
to have been legally and validly organized, under and in pursuance
of said Act; and any such village shall be and it is hereby authorized to
organize as a city under and in pursuance of said Act, when otherwise
possessing the qualifications therefor prescribed by the said Act afore-
said, and when so organized, such city shall be declared to be organ-
ized as a legal and valid city, under and in pursuance of the said Act
of the Legislature : Provided, that the certificate of organization as a
city, prescribed by said Act, be now, or within six months after this
Act becomes effective, filed with the recorder of deeds of said county
where said city is situated, and also with Secretary of State, in manner
as prescribed by said Act : And, provided, further, there be filed with
the Secretary of State the affidavit of the mayor or city clerk or the
president or clerk of the board of trustees, as the case may be, of such
city or village, showing that such city" or village has, for a period of at
least five years next preceding, continuously and uninterruptedly ex-
ercised the powers of a municipal corporation, purporting to act under
and in pursuance of the aforesaid Act of the Legislature, and all elec-
tions of officers and organizations of any cities and villages in this
State, under and by virtue of any election held under and in pursuance
of the aforesaid Act of the Legislature, if otherwise according to law,
are hereby legalized and made effective, and all acts of said cities and
villages are hereby legalized and made effective, and all acts of any
such cities and villages, if otherwise legal, also hereby made legal and
binding, and upon the filing and recording as aforesaid, and the filing
of the affidavit as aforesaid, the Secretary of State shall charter said
city or village by his certificate, duly authenticated under his hand
and the great seal of the State.
§ 2. Whereas, The records of several of the cities and villages in
this State are deficient in the particulars set forth in section 1 of this
Act, and such cities and villages are without charter and warrant of law
to do business; therefore, an emergency exists, and this Act shall be
in force from and after its passage.
Approved June 10, 1909.
PLUMBERS.
§ 1. Amends section 4. Act of 1897. j § 4. As amended, increases
fee for certificate and
annual renewal.
(Senate Bill No. 528. Approved June 14, 1909.)
An Act to amend section four (If) of article XII of chapter twenty-
four (2Jf) of an Act entitled "An Act to provide for the licensing of
plumbers and to supervise and inspect plumbing/' approved June 10,
1897, in force July 1, 1897.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section four of article XII of
chapter twenty-four (24) of an Act entitled, "An Act to provide for the
CITIES, VILLAGES AND TOWNS. 133"
licensing of plumbers and to supervise and inspect plumbing," approved
June 10, 1897, in force July 1, 1897, be and the same is hereby amended
so as to read as follows :
§ 4. Meeting of boaed of examinees — scope of examination —
certificate of qualification — fee for.] Said board of examiners
shall, as soon as may be, after the appointment, meet and shall then
designate the times and places for the examination of all applicants
■desiring to engage in or work at the business of plumbing, within their
respective jurisdiction. Said board shall examine said applicants as to
their practical knowledge of plumbing, house drainage and 'plumbing
ventilation, and if satisfied of the competency of such applicants shall
thereupon issue a certificate to such applicant authorizing him to en-
gage in or work at the business of plumbing whether as master plumber
or employing plumber or as a journeyman plumber.
The fee for a certificate for a master plumber or employing plumber
shall be $50.00; for journeyman plumber it shall be $1.00. Said cer-
tificate shall be valid and have force throughout the State for a period
of one year from date of issuance and may be renewed upon its expira-
tion by payment in advance of an annual renewal fee of $10.00 for the
•certificate of a master plumber or employing plumber and the payment
in advance of an annual renewal fee of $1.00 or the certificate of a jour-
neyman plumber. All fees received for said certificate shall be paid into
the treasury of the city, town, or village where said certificates are is-
sued.
Approved June 11, 1909.
POLICE PENSION FUND IN CITIES OF 20,000 TO 50,000.
§ i
I 2
§ 4
§ 5
§ 6
What moneys set apart.
Board of trustees.
"Who shall he pensioned — service
for twenty years, etc.
Disatailit5r — retirement.
Certificate of disability.
Death in performance of duty —
pension to widow — death in
service.
Reporting to chief for examina-
tion in case of emergency.
§ S. Pensioners living outside State.
§ 9. Pension lost by crime.
§ 10. Meeting of board — officers — cer-
tificate— record — list of pen-
sioners.
§ 11. Powers of board.
§ 12. .Report to board by treasurer.
§ 13. Beneficiaries under this Act
when not sufficient money.
(House Bill No. 181. Approved June 14, 1909.)
An Act to provide for setting apart, formation and disbursement of a
police pension fund in cities, villages and incorporated towns, in the
State of Illinois, having a population of not less than 20,000 and not
more than 50,000 inhabitants.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That in all cities, villages and incor-
porated towns having a population of not less than 20,000 and not more
134 CITIES, TILLAGES AND TOWNS.
than 50,000 inhabitants, said population to be determined by the United
States government statistics, there shall be set apart the following moneys
to constitute a police pension . fund :
First — Three-fourths of all moneys received for licenses upon dogs.
Second — Two per cent of all moneys received from licenses for the
keeping of saloons, dram shops and wholesale liquor houses.
Third — All moneys received for special detail of police officers.
Fourth — Ten per cent of all fines collected for violations of city or-
dinances.
Fifth — One per cent per month, which shall be paid or deducted
from the pension of every police pensioner of such city, village or town.
Sixth — All moneys received from fines imposed upon members of the
police department of such city, village or town for violation of the rules
and regulations of the police department.
Seventh — All rewards given or paid to members of such police force
except such as shall be excepted by the board of trustees of the police
pension fund.
Eighth — One per cent per month, which shall be paid or deducted
from the salary of each and every member of the police department of
such city, village or incorporated town : Provided, however, the sum so
received shall in no case exceed $1.00.
Ninth — Ten per cent of all revenues collected from licenses by such
city, village or incorporated town not heretofore mentioned in this bill.
Tenth — All moneys that may have been accumulated by such city, vil-
lage or town in conformity with any previous legislation establishing a
fund for the benefit of disabled or superanuated policemen, and one-half
of all the funds accumulated in any such city, village or town for the
benefit of disabled or superanuated police or firemen by virtue of any
previous legislation : Provided, however, there shall not be collected in
any city, village or incorporated town in any year more than $2,500, and
should it be necessary to reduce the collections as above provided the re-
duction shall be made from the amount collected from dram shop
licenses.
§ 2. Board of trustees of police pension fund.] A board, com-
posed of three members, residents of such city, village or town, to be
chosen as hereinafter provided, shall be and constitute a board of trus-
tees to provide for the disbursement of said fund and designate the bene-
ficiaries thereof as herein directed, which board shall be known as the
board of trustees of the police pension fund of such city, village or
town. Two of said board shall be appointed bTr the mayor of such city,
village or town. One of said members shall serve for the period of one
year, beginning on the second Tuesday of the first May after the passage
of this Act, it having been determined that such city, village or town
is within the urovisions of this Act ; or, beginning on the second Tuesday
in May, as soon after the passage of this Act as any city, village or town,
not at this time within the provisions of this Act, may by virtue of hav-
ing attained the necessary population, come within the provisions of this
Act. One of said members shall serve for a period of two years, be-
ginning on the same date. The successors to any of the foregoing trus-
CITIES, VILLAGES AND TOWNS. 135
tees shall serve for a period of two years each, or until such' time as
their successors are appointed and qualified. The other person who, with
the members above designated, shall constitute said board, shall be
elected from the regular police force or from the beneficiaries under the
provisions of this Act. The member to be elected shall be elected by
ballot at a regular election, as aforesaid, at which election all members
of the regular police force and all beneficiaries of lawful age shall be en-
titled to vote. The election provided for in this section 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 town, under such
regulations as shall be prescribed by the appointed members of said
board : Provided, however, that no person entitled to vote, under the
provisions of this Act, shall cast more than one vote at any such elec-
tion. In the event of the death, resignation or inability to act of any
member of said board, elected under the provisions of this section, the
successor of such member shall be elected at a special election, which
shall be called by said board and shall be conducted in the same manner
as are the annual elections provided for above. Suitable rooms for6
offices and meetings of. such board shall be assigned by the mayor or
city council of such city, village or town.
§ 3. Who shall be pensioned — seevice foe twenty yeaes, etc.]
- Whenever any person who, at the time of the taking effect of this Act
is a member of a regularly constituted police force of such city, village
or town or who shall thereafter become a member of such a police force,
shall have served for the period of twenty years or more upon the regu-
larly constituted police force of such city, village or town of this State
said board shall, subject to the provisions of this Act, order and direct
that such person after becoming fifty years of age and his service on such
police force shall have ceased, shall be paid from such fund a yearly
pension equal to one-half of the amount of salary attached to the rank
which he may have held on such police force for one year immediately
prior to the time of such retirement : Provided, however, the maximum
of said pension shall not exceed the sum of $600.00 per year, and after
the decease of such member his widow or minor child or children under
sixteen years of age, if any survive him, or deoendent "narent if such
there be, shall be entitled to the pension provided for in this Act, of such
a deceased husband, father or son. But nothing: in this or any other sec-
tion of this Act shall warrant the payment of any annuity to any widow,
child or dependent parent of a deceased member after she or he shall
have married or remarried after the decease of such oolicemen. Nor
shall any part of this section or any other section in this Act be so con-
strued as to necessitate the retirement of any capable policeman at the
age of fifty years.
§ 4. Whenever any policeman while serving as such, in any such
city, village or town, shall become physically disabled while in and in
consequence of the performance of his duty as such noliceman, to such
• an extent as to necessitate his suspending the performance of his dutv
on such police force, or retirement from the police force, said board
136 CITIES, VILLAGES AND TOWNS.
shall order and direct that he be paid from said fund a pension of one-
half of the amount of the salary attached to the rank which he may have
held on said police force at the time of his so suspending performance
of his duty or his retirement : Provided, that the maximum sum of such
pension shall not exceed the sum of $600.00 per year: And, provided,
further, that whenever such disability shall cease and said policeman
shall resume the performance of his duty on said police force such pen-
sion shall cease.
§ 5. No person shall receive anv benefits from said- fund, unless
there shall be filed with said board, certificates of his disability, which
certificates shall be subscribed and sworn to by said person and by the
police surgeon (if there be one), and two practicing physicians of such
city, village or town, and such board may require other evidence of dis-
ability before ordering such payment, as aforesaid.
§ 6. Death in performance of duty — pension to widow — death
IN service.] Whenever any member of the police force of any city,
village or town shall lose his life while in the performance of his duty
or receive injuries from which he shall thereafter die, leaving a widow,
or child, or children under the age of sixteen years, or parent who is
dependent upon such, policeman for maintenance and support, then,
upon satisfactory proof of such facts made to it, such board shall order
and direct that a yearly pension equal to one-half the salary received
by said member, not to exceed $600.00 per year, shall be paid to such
widow during her life, or if there be no widow then to such child or
children until they shall be sixteen years of ao-p or if there be no widow
or child under the age of sixteen years, then to such parent, if such
there be, as is dependent upon such policeman for their support: Pro-
vided, if such widow, child or children or dependent parent shall marry
then such person so marrying shall thereafter receive no pension from
this fund : And, 'provided, further, that whenever any member of the
police force of such city, village or town shall have retired or shall
have been retired after twenty years service or on account of being
physically disabled, shall then marry, such wife or child or children or
dependent parent of such policeman, shall after his death, ' receive no
pension from said fund. Whenever any member of a police force shall
die after ten years service therein and while still in the service of such
city, village or town, leaving a widow or child or children under the
age of sixteen years or dependent parent upon such policeman for their
maintenance and support, then upon satisfactory proof of such facts
made to it, said board shall order and direct that a pension e^ual to one-
half of the salary of such policeman: Provided, however, that the sum
shall not be more than $600.00 ner year, shall be paid to such widow,
or, if there be no widow, then to such child or children until they shall
be sixteen years of age, or if there be no widow, or child under the age
of sixteen years, then to such parent or parents as is or are dependent
upon such policeman for their support, said pension to cease upon the '
marriage, as is heretofore provided.
CITIES, VILLAGES AND TOWNS. 137
§ 7. BEPORTING TO CHIEF FOR EXAMINATION SERVICE IN CASE OF
emergency.] Any policeman suspending the performance of his duty
on account of disability may be summoned to appear before the board,
herein provided for, at any time thereafter, and shall submit himself
thereto for examination, as to his fitness for duty, and shall abide by the
decision and order of such board with reference thereto, and all mem-
bers of the police force who may be retired under the provisions of this
Act, except those who voluntarily retire after twenty years service, shall
report to the chief of police or the chief officer of the police depart-
ment of the city, village or town where so retired on the second Tuesday
of each and every' month, and in case of emergency may be assigned to
and. shall perform such duty as said chief of police or said chief officer
may direct; and such person shall have no claim against the city, village
or town for payment for such duty so performed.
§ 8. Pensioners living outside state.] No pensioner under the
provisions of this Act shall reside outside of the State of Illinois, except
such as have satisfied the board of trustees of the police pension furiH that
their health is of such a nature as to render further residence in this
climate hazardous, in which case such pensioner must, from time to
time, furnish to the said board such proof and affidavits that they are
complying with all the provisions of this Act as the board may require.
§ 9. Pension lost by crime.] Whenever any person, who shall
have received any benefits from said fund, shall be convicted of any
felony or shall become an habitual drunkard or shall become a non-
resident of this State, except as is heretofore provided, or shall fail to
report himself, if physically able, for examination for duty as required
herein, unless excused by the board, or shall disobey the requirements of
said board under this Act, in respect to said examination or duty, or the
orders of the chief of police, then such board shall order that such pen-
sion allowance, as may have been granted to such person shall immed-
iately cease and determine, and such person shall receive no further
pension, allowance or benefit under this Act.
§ 10. Meeting of board — officers— certificate — record — list
of pensioners.] The board herein provided for shall hold quarterly
meetings on the second Tuesday of July, October, Januarv and April
of each year, and special meetings upon the call of the president of said
hoard. On the second Tuesday of July of each year, it shall select one.
■of its members who shall act as the president of such board for the period
of one year, or until such time as his successor is elected and qualified.
Said board shall on the same day also, select another of its members who
shall act as the secretary of said board, for the period of one year or until
such time as his successor is elected and qualified. Said board shall
issue certificates signed by its president and secretary to the persons
entitled thereto of the amount of money ordered paid to such persons
from said fund by said board, which certificates shall state for what
purpose said payment is made. Said board shall keep a record of all
its proceedings, which records shall be a public record. Said board shall
submit annually to the city council of such city, a list of persons entitled
138 CITIES, VILLAGES AND TOWNS.
to payments from the fund herein provided, stating the amount of such
payments, and for what granted, as ordered bv such board, which list
shall be signed and certified by the secretary and president of such board,
and attested by such secretary under oath : Provided, that no resolution
shall be passed or order made for the payment of money unless by the
affirmative vote of a majority of the members of said board.
§ 11. Powees of board.] In addition to the other powers herein
granted, the following further powers, and authority are hereby con-
ferred upon said board:
First — The said board shall have exclusive control and management
of the fund mentioned herein, and of all moneys donated, paid or as-
sessed for the relief or pensioning of disabled, superannuated and retired
members of the police department, their widows, minor children and de-
pendent parents, the same to be placed by the treasurer of such city,
village or town, to the credit of such fund, subject to the order of such
board.
Second — Said board of trustees shall have the power to draw such
pension funds from the treasurer or other officials of such city, village
or town, and may invest such fund or any part thereof in the name of
the board of trustees of the police pension fund in interest bearing bonds
of the United States, of the State of Illinois or of any county of this
State, or of any township or municipal corporation of the State of Illi-
nois, and all securities shall be deposited with the treasurer of such
city, town or village, and shall be subject to the order of said board. The
interest received from any such investment of said fund shall be cred-
ited to the account of said pension fund.
Third — To compel witnesses to attend and testify before it, upon all
matters connected with the operation of this Act, in the same manner
as is or may be provided by law for the taking of testimony before mas-
ters in chancery, and its president, or any member of said board may ad-
minister oaths to such witnesses.
Fourth — To appoint a clerk and define his duties.
Fifth — To provide for the payment from said fund of all its neces-
sary expenses, including clerk hire, printing and witness fees : Provided,
that no compensation or emolument shall be naid to any member of
said board, for any duty required or performed under this Act.
Sixth — To make all necessary rules and regulations, for its guidance
in conformity with the provisions of this Act.
§ 12. Report to board by treasurer.] On the second Tuesday
in May of each year, the treasurer and all other officials of such city,
village or town, who have had the custody or possession of anv such pen-
sion funds herein provided, shall make a sworn statement to the board
of trustees of such police pension fund, and to the mayor and council of
such city, of all moneys received and paid out by such official on account
of said pension fund during the year, and of the amount of said funds
then on hand and owing to said pension fund. All surplus then re-
maining in said official's hand shall be paid by him to the treasurer of
said city, village or town : And, provided, further, any official shall at
CITIES, VILLAGES AND TOWNS. 139
any and all times upon demand by said pension board, furnish to said
board, statement or information of any kind relative to said official
method of collection or handling of said pension funds: And, provided,
further, that all books and records of such official shall be produced at
any time by said official for examination and inspection by said board
of pension trustees for the purpose herein provided.
§ 13. BENEFICIARIES UNDER THIS ACT WHEN NOT SUFFICIENT
money.] All members of the nolice force and any widow or child or
children or dependent parent of such members of any city, village or
town, who after the taking effect of this Act shall be entitled to receive
any benefits under the provision's of this Act, or who may thereafter
become entitled to benefits under the provisions of this Act and to whom
the board of trustees have_ ordered and directed such benefits to be paid,
shall receive in twelve equal monthly installments each year, a sum in
all aggregating the amount to which they are entitled under the pro-
visions of this Act. But, if at anv time there shall not be sufficient
moneys belonging to this fund to pay the allowances of such board to its
beneficiaries, then they shall be paid pro rata from said funds, but no
allowance or order of such board shall be held to create any liability
against any such city, village or town, except upon the fund so set aoart
as aforesaid for the pajrment thereof.
Approved June 14, 1909.
POWERS— LICENSING OF BILL BOARDS, ETC.
§ 1. Authorizes licensing of sign^ boards and signs.
(House Bill No. 627. Approved June 14, 1909.)
An Act granting power to the city council in cities, and the president
and board of trustees in villages and incorporated towns to license
and regulate advertising by means of bill boards, sign boards and
signs.
Section 1. Be it enacted by Hie People of the State of Illinois rep-
resented in the General Assembly: That the city council in cities and
the president and board of trustees in villages and incorporated towns
shall have the power to license street advertising by means of bill boards,
sign boards and signs, and to regulate the character and control the
location of such bill boards, sign boards and signs upon vacant prop-
erty and upon buildings.
Approved June 14, 1909.
POWERS — SALES OF MERCHANDISE BY WEIGHT, ETC.
§ 1. Authorizes ordinances governing sales of merchandise.
(Senate Bill No. 390. Approved June 15, 1909.)
An Act to extend the powers of the city council in cities, and the pres-
ident and board of trustees in villages and incorporated towns.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the city council in cities, and
140 CITIES, VILLAGES AND TOWNS.
the president and board of trustees in villages and incorporated towns,
shall have power to require all grains, flour, meal, hay, feed, seeds, fruits,
nuts, vegetables and non-liquid vegetable products, meats and non-liquid
animal products, fish, butter, cheese and other similar dairv products,
•dry groceries and all other similar articles of merchandise, or any par-
ticular class or classes of such merchandise, in the absence of a contract
or agreement in writing to the contrarv. to be sold by standard avoirdu-
pois weight or by numerical count.
Approved June 15, 1909.
SINKING FUNDS.
§ 1. Sinking fund commission. § 3. Emergency.
§ 2. Purchase of outstanding bonds I
■ — no appropriation necessary.
(Senate Bill No. 359. Approved June 4, 1909.)
An Act concerning sinking funds.
Section 1. Be it enacted by the People of the" State of Illinois rep-
resented in the General Assembly: In every city, village and incorpor-
ated town there shall be a sinking fund commission composed of the
mayor (or president of the board of trustees), the chairman of the
finance committee and the city comptroller, or if there be no city comp-
troller, the clerk of said city, village or incorporated town.
§ 2. Whenever there shall be in the sinking fund of any city, village
or incorporated town a sum in excess of that required for the payment of
the bonded indebtedness of such city, village or incorporated town ma-
turing in that, or the succeeding- fiscal year, and the interest due in that
period, the sinking fund commission may use such excess in the pur-
chase of the outstanding bonds for the payment of which, at maturity,
such sinking fund was or shall be created, paying therefor no more than
the market price. When any such bond is so "purchased, it shall be can-
celled, and thereafter no taxes for the payment of such bonds or the
interest thereon shall be levied. No further appropriation by such city,
village or incorporated town shall be required for the application of
money in such sinking fund to the payment of such bonds than is made
hereby.
§ 3. Whereas, An emergency exists, this Act shall take effect and
be in force from and after its passage.
Approved June 4, 1909.
CITIES, VILLAGES AND TOWNS. 141
TAX FOR CORPORATE PURPOSES— MANNER OF ASSESSMENT.
§ 1. Amend section 1, article 8, Act
of 1872.
§ 1. Ordinance for tax levy
— copy to county
clerk — county clerk
to fix tax rate — mu-
nicipality within two
counties — limitation
of rate.
(House Bill No. 72. Approved June 14, 1909.)
An Act to amend section 1 of article VIII of an Act entitled, "An Act
to provide for the incorporation of cities and villages/' approved April
10, 1812, in force July 1, 1872, as amended.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 1 of article VIII of an
Act entitled, "An Act to provide for the incornoration of cities and vil-
lages/' approved April 10, 1872, in force July 1, 1872, as amended, be
and the same hereby is amended so as to read as follows :
§ 1. The city council in cities and boards of trustees in villages may
levy and collect taxes for corporate purposes in the manner following:
The city council or board of trustees, as the case may be, shall an-
nually, on or before the third (3d) Tuesday in September in each year,
ascertain the total amount of appropriations for all corporate purposes
legally made and to be collected from the tax levy of that fiscal year;
and, by an ordinance specifying in detail the purposes for which such
appropriations are made and the sum or amount appropriated for each
purpose respectively, levy the amount so ascertained upon all the prop-
erty subject to taxation within the city or village as the same is assessed
and equalized for State and county purposes for the current year. A cer-
tified copy of such ordinance shall be filed with the county clerk of the
proper county, whose duty it shall be to ascertain the rate per cent
which, upon the total valuation of all property subject to taxation with-
in the city or village as the same is assessed and equalized for State and
county purposes, will produce a net amount of not less than the amount
so directed to be levied, and it shall be the duty of the county clerk to
extend such tax in a separate column upon the book or books of the col-
lector or collectors of State and countv taxes within such city or village.
And where the corporate limits of anv city or village shall lie partly in
two or more counties, the city council or board of trustees shall ascertain
the total amount of all taxable property lying within the corporate
limits of said city or village in each county as the same is assessed and
equalized for State and county purposes for the current year, and certify
the amount of taxable property in each county within said city or vil-
lage, under the seal of said city or village, to the county clerk of the
county where the seat of government of such city or village is situated,
whose duty it shall be to ascertain the rate per cent which, upon the total"
valuation of all property subiect to taxation within the citv or villasre,
ascertained as aforesaid, will produce a net amount not less than the
amount so directed to be levied ; and said clerk shall as soon as said rate
per cent of taxation is ascertained, certifv under his hand and seal of
142 CITIES, VILLAGES AND TOWNS.
office to the countv clerk of any other county wherein a portion of said
city or village 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 such
tax in a separate column urton the book or books of the collector or col-
lectors of the State and county taxes for such county against all property
in his county within- the limits of said city or village : Provided, the
aggregate amount of taxes levied for any one year, exclusive of the
amount levied for the payment of bonded indebtedness -or interest there-
on, shall not exceed the rate of one and two-tenths (1.2) per centum
upon the aggregate valuation of all property within such city or village
subject to taxation therein, as the same was equalized for State and
county taxes for the current year: And, provided, further, that noth-
ing herein contained shall be held to repeal or modify the limitations
contained in section 49 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 Feb. 25, 1898.
Approved June 14, 1909.
TAX RATE IN CERTAIN MUNICIPALITIES — LIMITATION.
§ 1. Amend section 1, Act of 1881. I § 1. Tax levy in certain mu-
nicipalities — rate
fixed — school taxes
excluded.
(House Bill No. 73. Approved June 14, 1909.)
An Act to amend section 1 of an Act entitled, "An Act in relation to
the rate of taxation in cities, villages and incorporated towns/' ap-
proved and in force May 30, 1881.
Section 1. Be it enacted by the People of the State of Illinois rep- ,
resented in the General Assembly: That section 1 of an Act entitled,
"An Act in relation to the rate of taxation in cities, villages and incor-
porated towns," approved and in force May 30, 1881, be and the same
hereby is amended so as to read as follows :
§ 1. Be it enacted by the People of the State of Illinois, represented
in the General Assembly: That all cities, villages and incorporated
towns in this State now having, by their respective charters, the }30wer
to levy and collect as high a rate of taxation as is herein authorized and
provided for, shall hereafter have power to assess, levy and collect, an-
nually, upon the taxable property within their respective limits, for all
corporate purposes, in addition to all taxes which any such city, town or
village may now or hereafter be authorized by law to levy and collect
to support and maintain schools, erect school buildings and for all other
school purposes, and to pay interest on its registered bonded indebted-
ness, such an amount as their respective corporate authorities may pre-
scribe, not exceeding in any year the rate of sixty (60) cents on each one
hundred (100) dollars of the assessed valuation of such taxable prop-
erty as equalized by the State Board of Equalization for the preceding
year. And the said rate authorized by this Act shall be in lieu of all
'rates and items of taxation now' provided and authorized in such char-
CITIES, VILLAGES AND TOWNS.
143
ters, for all purposes other than schools, the erection of school buildings,
and all other school purposes, and for paying interest on the registered
bonded indebtedness of such city, town or village.
Approved June 14, 1909.
TUBERCULOSIS SANITARIUMS.
§ 1.
Amends sections 1 and 2, Act of
1908.
§ 2. Petition — referendum —
annual appropriation.
§ 3. Emergency.
§ 1. Power to establish and
maintain — annual tax
levy.
(Senate Bill No. 139. Approved March 12, 1909.)
An Act to amend sections 1 and 2 of- "An Act to enable cities and vil-
lages to establish and maintain public tuberculosis sanitariums"
approved March 7, 1908, in force July 1, 1908.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That an Act to amend sections 1
and 2 of "An Act to enable cities and villages to establish and maintain
public turberculosis sanitariums/' approved March 7, 1908, in force
July 1, 1908, be amended to read as follows :
§ 1. That the city council of cities and boards of trustees in vil-
lages of this State shall have the power, in the manner hereinafter pro-
vided, to establish and maintain a public sanitarium for the use and
benefit of the inhabitants of such city or village for the treatment and
care of persons -afflicted with tuberculosis and to levy a tax not to ex-
ceed one mill on the dollar annually on all taxable property of such city
or village, such tax to be levied and collected in like manner with the
general taxes of the said city and to be known as the "Tuberculosis San-
itarium Fund/' which said tax shall be in addition to all other taxes
which such city or village is now or hereafter may be autliorized to levy.
§ 2. When one hundred legal voters of anv such city or village shall
present a petition to the city council or board of trustees of such city
or village, as the case may be, asking- that an annual tax may be levied
for the establishment and maintenance of a public tuberculosis sanitarium
in such city or village, such city council or board of trustees, as the
case 'may be, shall instruct the city or village clerk to, and such city or
village clerk shall, in the next legal notice of the regular annual elec-
tion in such city or village, give notice that at such election every
elector may vote "For the levy of a tax for a public tuberculosis sani-
tarium/' or "against the levy of a tax for a public tuberculosis sani-
tarium/' and if the majority of all the votes cast upon the proposition
is, that such city or village shall be "for the tax for a public tuberculosis
sanitarium," the city council or board of trustees of such city or village
shall thereafter annually levy a tax of not to exceed one mill on the
dollar, which tax shall be collected in like manner with other general
taxes in such city or village and shall be known as the "Tuberculosis
Sanitarium Fund," and thereafter the city council or board of trustees,
144 CITIES, VILLAGES AND TOWNS.
as the case may be, of such city or village shall include and appropriate
from such fund in the annual appropriation bill such sum or sums of
money as may be deemed necessary to defray all necessary expenses and
liabilities of such tuberculosis sanitarium.
§ 3. Whereas, An emergency exists, therefore, this Act shall be in
force and effect from and after its passage.
Approved March 12, 1909.
VILLAGES AND TOWNS UNDER SPECIAL ACTS — TRUSTEES.
§ 1. Provides for biennial election of trustees — classification — powers — proviso.
(Senate Bill No. 443. Approved June 4, 1909.)
An Act concerning the election and powers of trustees in- villages anal
incorporated towns organized and existing wider special Acts.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the' General Assembly: That at the regular annual election,
to be held in the year A. D., 1910, in each and every village and incor-
porated town organized and existing under any special Act for the incor-
poration of such village or town wherein it is provided that the members
of the legislative body of such village or town shall be elected annually,
there shall be elected by the qualified electors therein, in lieu of the
legislative body now provided for by law, six trustees, who shall hold
their office until their successors are elected and qualified. At the first
meeting- of the board of trustees held after said election, the trustees
elected shall be divided by lot into two classes; those of the first class
shall continue in office for one year, and those of the second class for two
years, from the date of the annual election for that municipal year,
and annually* thereafter there shall be elected three trustees, who shall
hold their office for the term of two years and until their successors are-
elected and qualified ; and said trustees in each village or incorporated
town shall have the same powers and perform the same duties as are or
may be given by law to the members of the present legislative body of
such village or incorporated town and that have heretofore been given or
may hereafter be given to trustees in villages organized under the gen^
eral law: Provided, however, that nothim- herein contained shall be SO'
construed as to authorize said trustees in any such village or incorporated
town to perform any act which the legislative body thereof is specifically
prohibited from performing under the terms of the Act creating such
village or incorporated town.
Approved June 4, 1909.
CONVEYANCES. 145
CONVEYANCES.
INSTRUMENTS EXECUTED WITHOUT STATE.
§ 1. Validates certain instruments I § 2. Certificate as to validity — pro-
executed without State. viso.
(Senate Bill No. 174. Approved June 4, 1909.)
An Act to render valid all conveyances or other instruments affecting or
relating to the title to real or personal property within this State,
"and instruments or writings relating to any obligation enforcible in
this State, that may have been heretofore or that shall hereafter be
executed without this State, to which a seal or scroll is not affixed
and for other purposes relating thereto.
Section 1. Be it enacted by the People of the State of Illinois rep~
resented in the General Assembly: That all conveyances,, writings or
other instruments, whether a deed, mortgage, trust deed, lease, power
or letter of attorney, will or testament, bond, contract, agreement, obli-
gation or other instrument of whatsoever kind, nature or character,
affecting or relating to the title to real or personal property within this
State, or of any power, duty, right or trust thereof or therein, and also
all instruments or writings of whatsoever nature, kind or character en-
forcible in this State, that may have been heretofore or that shall here-
after be executed without this State, by any party thereto, whether
>a resident of this State or not, to which a seal or scroll to the sig-
nature is not affixed, and where the usage or law of the State, dis-
trict, territoiw, colony, republic, kingdom, empire, dominion, dependency
or other place where such instrument is executed, in force at the time,
dispenses with or does not require a seal or scroll to the signature of a
party so executing the conveyance, instrument or writing, for its valid-
ity as such, are hereby validated, and shall be given the same force and
effect in law and equity as if a seal or scroll had been duly affixed to the
signature thereto.
§ 2. That the certificate of the Secretary of State, under his seal of
office, or that of any court of record, certified to under the seal of the
court, or that of any judge of any court of record (his official character
being certified to), of the country or other place, . outside of this State,
where such conveyance, writing or other instrument shall have been
executed, to the purport or effect that according to the usage or law
of the land in force at the time (as the case may be), a seal or scroll
to the signature of a party so executing the same, was dispensed with or
not required for its validit}^ shali be deemed and taken as prima facie
evidence thereof: Provided, that any other legal mode of proving that
the seal or scroll to the signature was at the time there, by the usage
or law, dispensed with or not required, may be resorted to in any place
or court of this State, where the question may arise.
Approved June 4, 1909.
—10 L
146 CONVEYANCES.
LAND TITLES — RESTRICTIONS OF REGISTRAR AND DEPLTTY.
§ 1. Amends section 4, Act of 1897. § 4. Restrictions as to attor-
I ney.
(Senate Bill No. 393. Approved June 5, 1909.)
An Act to amend section 4 of an Act entitled, "An Act concerning
land titles/' approved and in force May 1, 1897.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 4 of an Act entitled
"An Act concerning land titles," approved and in force May 1, 1897,
be amended to read as follows :
§ 4. No registrar of titles or deputy registrar, or any partner of
such registrar or deputy registrar, shall be engaged as attorney or coun-
sellor at law in any matters affecting registration of land or any trans-
fers of registered land.
Approved June 5, 1909.
RE-CONVEYING UNDER TAX TITLES.
§ 1. Tax title holder not in possession i § 3. Sheriff or master in chancery
— tender by owner. County may make conveyance.
§ 4. Requisites of tax deeds.
clerk — duties — fees.
Penalty for fai'.ure to ra-convey.
(House Bill No. 92. Approved June 14, 1909.)
An Act entitled, "An Act in regard to tax title and providing for the
reconveyance of tax titles and fixing a. penalty for failure or refusal
to reconvey."
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly as follows: That whenever the grantee
of a tax deed to real estate, or any one claiming thereunder, shall not
be in possession or occupation of said premises so claimed and shall not
take or institute proceedings in good faith to take possession within
one year after the date of the first tax deed under his alleged tax title,
then it shall be lawful for the owner of said real estate or his agent or
attorney to pay or tender said tax title holder the amount of moneys
paid out and expended by said tax title holder upon said sale with five
per cent (5 per cent) interest per annum thereon together with sub-
sequent taxes and specials paid and the statutory fees and costs in-
curred, and that upon such payment or tender the said tax title holder
shall reconvey the premises aforesaid to the owner thereof, the amount
of such tender may be based upon an estimate prepared by the county
clerk.
In preparing such estimate, the county clerk shall include, in addi-
tion to the amount of moneys herein provided for, the following fees to
the tax title holder :
For preparing the affidavit of compliance with law, $1.00.
For service of the notices provided by law, which must be served by
holders of certificates of sale, to occupants, owners or parties interested
CONVEYANCES — COBONEES. 147
in real estate sold for taxes, the sum of not to exceed $3.00 for each
lot, block, tract or piece of land, as listed, assessed and sold in one
description.
For recording the tax deed, the actual cost of same, as ascertained
from the recorder of deeds.
The county clerk shall be entitled to a fee of $1.00 for preparing the
estimate herein provided, and such estimate of the county clerk shall be
prima facie evidence in all courts of the amount due said tax title
holder.
§ 2. Any tax title holder failing or refusing to reconvey said prem-
ises to the owner thereof on demand after payment or tender of the
amounts due, as provided for in section 1 of this Act, shall be fined
a sum not less than fifty dollars ($50.00) and not more than two hun-
dred dollars ($200.00) for each offense. One-half of said fine shall go
to said property owner and one-half to the county.
§ 3. Upon affidavit or jn'oof of tender being made, as provided by
section 1 of this Act, the county court in the same proceeding wherein
the sale upon which said deed issued may order upon the service of such -
notice as the court shall direct, the amount of said tender deposited
with the county treasurer and that the sheriff or any master in chan-
cery in said county may in the name of the holder of such title convey
the premises to the owner thereof, and conveyance of tax title.
Whenever the tax purchaser makes application to withdraw moneys
deposited with the county treasurer he shall deliver to the county treas-
urer a reconveyance of said tax title to the owner who made said deposit.
§ 4. All tax deeds shall contain the full names and the true post-
office address and residence of the grantor and grantee and shall not
be of any force or effect until after the same has been filed for record
in the office of the recorder of deeds.
Appeoved June 14, 1909.
COEONEES.
PERMIT TO PvEMOVE DEAD BODY.
§ 1. Adds section 10a to Act of 1874. 10a. Permission where body
is subject of coro-
ner's inquest — pen-
I alty.
(Senate Bill No. 392. Approved June 5, 1909.)
An Act to amend an Act entitled, "An Act to revise the law in rela-
tion to coroners'' approved February 6, 1871/-, in force Jidy 1, 1874,
by adding thereto one new section, to be known as section 10a.
Section 1. 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 1, 1874, be amended by adding thereto one new section, to
be known as section 10a.
148 CORONERS — COUNTIES.
§ 10a. No person shall remove the dead body of any person from
the county in which the same shall be found or lying before obtaining
the permission of the coroner of said county where such body is the sub-
ject of a coroner's inquest. Any person who shall violate the provision
of this section shall be deemed guilty of a misdemeanor and upon con-
viction shall be fined not less than ten dollars ($10) nor more than one
hundred dollars ($100) or imprisoned in the county jail not less than
thirty (30) days nor more than ninety (90) days, or shall suffer both
such fine and imprisonment.
Approved June 5, 1909.
COUNTIES.
ADDITIONAL TAX LEVY.
§ 1.- Amends section 27, Act of 1874. § 2. Emergency.
§ 27. As amended, changes
purpose of additional
tax and manner and
time of submission of
question.
(House Bill No. 517. Approved Mat 14. 1909.)
An Act to amend section twenty-seven (27) of an Act entitled, "An
Act to revise the law in relation to counties" approved and in force
March 31, 181]+, as amended by an Act approved May 15, 1903, in
force July 1, 1903.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section twenty-seven (27) of
"An Act to revise the law in relation to counties," approved and in
force March 31, 1874, as amended by an Act approved May 15, 1903,
in force July 1, 1903, be and the same is hereby amended to read as
follows :
§ 27. Eaising tax in addition to constitutional limit.] When-
ever the county board shall deem it necessary to assess taxes the aggre-
gate of which shall exceed the rate of seventy-five cents per one hun-
dred dollars valuation of the property of the county, except when such
excess is to be used for the payment of indebtedness existing at the
adoption of the constitution, the county board may, by an order entered
of record, set forth substantially the amount of such excess required,
the purpose for which the same will be required, and the number of
years such excess will be required to be levied, and if for the payment
of interest or principal, or both, upon bonds, shall in a general way
designate the bonds and specify the number of years such excess will be
required to be levied, and provide for the submission of the question
of assessing the additional rate required to a vote of the people of the
county at the next election for county officers or at any judicial election
held in such county after the adoption of the resolution : Provided, if
COUNTIES. 149
such additional rate required is for the purpose of building a court
house or any other public building for the county, a special election
may be held for such purpose, and it shall be the duty of the county
clerk in his election notice to give notice of such submission. The votes
therefor shall be "For additional tax/' and those against shall be
"Against additional tax." The votes shall be canvassed and returned
the same as those for county officers, and if a majority of the votes cast
upon the question are "for additional tax," then the county board shall
have power to cause such additional tax to be levied and collected in ac-
cordance with the terms of such resolution, and the money so collected
shall be kept as a separate fund and disbursed only for the purpose for
which the same was raised: Provided, any surplus that may remain
after the payment of all demands against said fund, may be used for
other purposes.
§ 2. Whereas, An emergency exists, therefore this Act shall be in
force from and after its passage.
Approved May 14, 1909.
COOK COUNTY COMMISSIONERS — POWERS AND DUTIES.
§ 1. Amends section 61, Act of 1874. § 61. As amended, changes
I plan for dieting pris-
oners after Decem-
I ber, 1910.
(Senate Bill No. 312. Approved June 8, 1909.)
An Act to amend section sixty-one (61) of an Act entitled, "An Act
to revise the law in relation to counties" approved March 31, 1874, as
amended by Acts approved respectively May 20, 1879, June 14,
1887, June 26, 1895, and May 18, 1905.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section sixty-one (61) of an
Act entitled, "An Act to revise the law in relation to counties," ap-
proved March 31, 1874, as amended by Acts approved respectively May
20, 1879, June 14, 1887, June 26, 1895, and May 18, 1905, be and
the same is hereby amended to read as follows :
§ 61. The said commissioners shall severally, before they enter up-
on the discharge of their duties, take the oath of office prescribed by
the constitution, and they shall be known as the board of commission-
ers of Cook county, and as such board shall possess the powers, per-
form the duties and be subject to the rules, regulations and restrictions
hereinafter specified, that is to say:
First— Said board of commissioners shall hold regular meetings on
the first Monday of December, January, February, March, June and
September in each year. It shall be the duty of the president of the
board of commissioners to call special meetings of the board whenever,
in his opinion, the same may be necessary; and he shall preside at all
the meetings of said board, and generally perforin the duties usually
performed by a presiding officer: Provided, that in the absence of the
150 COUNTIES.
president, or of his inability to act, a president pro tempore may be
elected, who shall, during such absence or inability, possess all the
powers and perforin all the duties by law vested in and required of the
president.
Second — The president of the board of commissioners shall have the
same privilege of voting as any other commissioner; but he shall not
have a casting vote upon any question upon which he has voted as com-
missioner.
Third — All resolutions or motions whereby any money shall be ap-
propriated, or by virtue of which any contract shall be made, or any act
done which may, directly or indirectly, or in anjr manner whatever, cre-
ate any pecuniary liability on the part of said county, shall be sub-
mitted to said board of commissioners in writing, or reduced to writing,
before any vote shall be taken thereon; and if adopted by the board,
the same shall not take effect until after the same shall have been
approved in writing by the president of said board, except as herein-
after provided. It shall be the duty of the clerk of said board to deliver
to the president thereof, upon his request, the original (or a copy) of
each resolution or motion, so passed or adopted by said board as afore-
said, within one day after its passage or adoption; and in case the
president approves thereof, he shall sign the same, and it shall there-
upon be in full force and effect. In case the. president shall not approve
any such resolution or motion, he shall, within five davs after the receipt
of the same as aforesaid, return it to the clerk of the said board, with
his objections thereto in writing. Such veto by the president may extend
to any one or more items or appropriations contained in any resolution
making an appropriation, or to the entire resolution; and in case the
veto only extends to a part of such resolution making an appropriation,
the residue thereof not embraced within the veto shall take effect and be
in force from the time of the receipt by said clerk of such veto of such
part. Upon the return of any such resolution or motion by the jKesi-
dent, with his objections thereto as aforesaid, the vote by which the same
was passed shall be reconsidered by the board of commissioners as to so
much thereof as may have been vetoed; and if, after such reconsidera-
tion, four-fifths of all the members elected to the board shall agree to
pass the same by yeas and nays, to be entered on the journal, the same
shall take effect, notwithstanding the uresident may have refused to
approve thereof. In case the president shall fail or omit to either sign
and approve or return, with his objections as aforesaid, any such motion
or resolution which shall have been passed or adopted bv the board with-
in six days after it shall have been so passed or adopted the same shall
take effect without the approval of the president.
Fourth — Said board of commissioners shall have the management of
the affairs of said Cook "county, in the manner provided by law, and
may exercise the same powers, perform the same duties, and shall be
subject to the same rules, regulations and penalties prescribed by law
COUNTIES. 151
for the board of supervisors in other counties, except as herein other-
wise provided; and shall also be subject to the rules, regulations and re-
strictions herein provided.
Fifth — The said board of commissioners shall have no power or au-
thority to delegate to any committee or other person or persons the
"power to act/' when such "power to act" shall involve the Jetting of
any contract or the expenditure of public money exceeding the sum
of five hundred dollars ($500) ; and any action 'of said board, or of any
committee thereof, or of any other person or persons in violation of .this
section, shall be null and void. No money shall be appropriated or or-
dered paid by said county commissioners beyond the sum of five hundred
dollars ($500), unless such anpropriation shall have been authorized
by a vote of at least two-thirds of the members elected to the said county
board. And no officer of Cook county, or other person, shall incur any
indebtedness on behalf of the county, unless first authorized by said
board of commissioners.
Sixth — Said board of commissioners shall, within the first quarter of
each fiscal year adopt a resolution, to be termed the annual appropria-
tions bill, in and by which resolution said board shall appropriate such
sums of money as may be necessary to defray all necessary expenses and
liabilities of said Cook county, to be by said county paid or incurred dur-
ing and until the time of the adoption of the next annual appropriation
bill under this section : Provided, that said board shall not expend any
money or incur any indebtedness or liability on behalf of said county
in excess of the percentage and several amounts now limited by law, and
based on the limit prescribed in the constitution, when applied to the
last previous assessment. Said appropriation bill shall specify the
several objects and purposes for which such appropriations are made,
and the amount appropriated for each object or purpose. If the Legis-
lature shall by law provide, or shall at any time appear to have by law
provided, for the publication of the assessment of real or personal prop-
erty, or both, to be paid for out of the county treasury, then said board of
commissioners shall in each year, while such publication is required,
make due provision for the cost thereof by sufficient appropriation in such
resolution, which said appropriation shall take precedence over all the
other appropriations contained in such resolution, excepting the
provision for principal and interest of county indebtedness, the ordinary,
current salaries of county officials and employes, the maintenance of
county property and institutions (including courts and juries), dieting
occupants of the jails, prisons, hospitals, and industrial schools, and
the cost of elections required by law. Such appropriations shall
take precedence of any appropriation for contingent fund or building
fund; and if the tax actually collected in any such year shall be. less
than the total amount of the appropriations contained in said resolu-
tion, the items of appropriation following in such resolution after such
appropriation for publishing assessments, in the order herein directed,
shall be first abated, before the appropriation for such publication of
tax assessments shall be reduced. The vote of said board of commis-
152 COUNTIES.
sioners upon said appropriation 'bill shall be taken by yeas and nays,
and the same shall be entered upon the journal. Such appropriation
bill shall not take effect until after it shall have been once published in
a newspaper published in Chicago, and said board shall provide, for and
cause said appropriation bill to be published as aforesaid. After the
adoption of such appropriation bill or resolution, the said board of com-
missioners shall not make any further or other appropriations prior to
the adoption or passage of the next succeeding annual appropriation
bill, and the said board of commissioners shall have no power, either
directly or indirectly, to make any contract or to do any act which shall
add to the county expenditure or liabilities in any year, anything or sum
over and above the amount provided for in the annual approoriation bill
for that fiscal year. No contract shall hereafter be made, or expense or
liability incurred by the said board of commissioners, or any member or
committee thereof, or by any person or persons, for or in its behalf, not-
withstanding the expenditure may have been ordered by the said board
of commissioners, unless an appropriation therefor shall have been pre-
viously made by said board in manner aforesaid : Provided, however,
that nothing herein contained shall prevent the board of commissioners,
by a concurring vote of four-fifths of all the commissioners (said votes
to be taken by veas and nays and entered upon the journal), from mak-
ing any expenditure or incurring any liability rendered necessar}r, by
any unforeseen casualty by fire, flood or otherwise, happening after the
annual appropriation bill shall have been passed or adopted. Nor shall
anything herein contained be construed to deprive the board of power
to provide for and cause to be paid from the county funds any charge
upon said county imposed by law, without the action of the board of
commissioners, including fixed salaries of officers required by law to
be paid from the county treasury, and to pay jurors' fees and other
charges fixed by law.
Seventh — The board of commissioners shall establish and provide for
the appointment of a committee on finance and a committee on public
service. There shall be a superintendent of public service, to be ap-
pointed by the president, by and with the consent of the board of com-
missioners, who shall hold his office for one year and until his successor
is appointed. He may be suspended or removed by the president. He
shall give a sufficient bond for the performance of his duties and be sub-
ject to the oversight and supervision of the committee on the public
service. It shall be the duty of the superintendent, under authority of
the board of commissioners, to purchase, receive and distribute all sup-
plies necessary for the use and service of Cook county and its various
institutions, of whatever nature, including all supplies necessary for
dieting the prisoners confined in the jail of said county, and, to keep,
on and after the first Mondav in December, 1910, accurate accounts of
and vouchers for the same, which shall be open to the insoection of the
president and the committee on nublic service and to the public. He
shall also perform all other duties relative to the public service which
COUNTIES. . 153
may be assigned to him by the board of commissioners, who shall make
and maintain regulations for the conduct and government of the de-
partment of public service not inconsistent with this Act.
Eighth— All contracts for supplies, material and work for the county
of Cook shall be let to the lowest responsible bidder, after due adver-
tisement; but if, in case of any emergency, it is necessary to purchase
supplies not exceeding in amount $500, such purchase may be made by
the superintendent in the open market, on authority given to him by
the board of commissioners or the committee on public service. All
contracts for supplies, material or work for Cook county shall be ap-
proved by the board of commissioners and signed by the president of
the board, the superintendent of public service and the comptroller.
Supplies shall be issued only on the requisitions of the responsible offi-
cers of the county institutions now or hereafter established by law,
approved by the committee on public service.
Ninth — -All officers and employes of the county of Cook, in the clas-
sification hereinafter provided for, except those whose election or ap-
pointment is otherwise provided for by law, and except those enumer-
ated in paragraph twentieth of this section, shall be appointed by the
president of the board, according to the provisions of this section.
The salaries or rate of compensation of all officers and employes of said
county, when not otherwise provided by law, shall be fixed by the
board of commissioners and shall be fixed prior to the adoption of
the annual appropriation, and shall not be changed during the year for
which the appropriation is made. The board of commissioners shall
also determine whether any or what amount of bond any officer or em-
ploye shall give.
Tenth — Civil service commission.] The president of the county
board shall, at the first regular meeting of the first day after July,
A. D. 1895, appoint three persons, who shall constitute and be known
-as the civil service commission of said county; one for a term ending
■on the first Monday of December, A. D. 1895; one for a term ending
on the first Monday of December, A. D. 1896; and one ending on the
first Monday of December, A. D. 1897, and until their respective suc-
cessors are appointed and qualified. And at the respective dates above
named, or soon thereafter, the president shall in like manner appoint
one person as the successor, or a commission, whose term shall then
expire, to serve as a commissioner for three years, and until his successor
is in like manner appointed and qualified. Two commissioners shall
constitute a quorum. All appointments to such commission, both orig-
inal and to fill vacancies, shall be .so made that not more than two mem-
bers shall at the time of appointment be members of the same political
party. Said commissioner shall hold no other lucrative office or em-
ployment under the United States, the State of Illinois, or any munic-
ipal corporation or political division thereof. Each commissioner, be-
fore entering upon the duties of his office, shall take the oath pre-
scribed by the Constitution of this State.
154 COUNTIES.
Eleventh — Eemova£ of commissioners — vacancy.] The president
may, in his discretion; remove any commissioner for incompetence,
neglect of duty or malfeasance in office. The president shall, at the
next regular meeting, report in writing any such removal to the board,
with his reasons therefor. Any vacancy in the office of civil service
commissioner shall be filled by appointment by the president.
Twelfth — Classification.] Said commissioners shall classify all
the offices and places of employment in said county with reference to
the examinations hereinafter provided for, except those offices and places
mentioned in the twentieth paragraph in this section. The offices and
places so classified by the commission shall constitute the classified
civil service of said county, and no appointments to any of such of-
fices or places or removals therefrom shall be made, except under and
according to the rules hereinafter mentioned.
Thirteenth — Kitles.] Said commission shall make rules to carry out
the purposes of this Act, and for examinations, appointments and re-
movals in accordance with its provisions, and the commission may, from
time to time, make changes in the original rules.
Fourteenth — Publication of rules — time of taking effect.] All
rules made as hereinbefore provided, and all changes therein, shall
forthwith be printed for distribution by said commission; and the com-
mission shall give notice of the place or places where said rules may
be obtained, by publication in one or more daily newspapers published
in such county; and in each such 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.
Fifteenth — Examinations.] All applicants for offices or places in
said classified service, except those mentioned in the twentieth para-
graph of this section, shall be subjected to examination, which shall be
public, competitive and free to all citizens of the-United States, with
specified limitations as to residence, age, health, habits and moral char-
acter. 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 positions to which
they seek to be appointed, and shall include tests of physical qualifica-
tions and health, and when appropriate, of manual skill. No questions
in any examination shall relate to political or religious opinion or affilia-
tions. The commission shall control all examinations and may, when an
examination is to take place, designate a suitable number of persons,
either in or not in the official service of said county, to be examiners;
and it shall be the duty of such examiners, and, if in the official ser-
vice, it shall be a part of their official duty, without extra compensa-
tion, to conduct such examination as the commission may direct, and
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 selected; and the commission may them-
COUNTIES. 155
selves, at airy time, act as such examiners, and without appointing ex-
aminers. The examiners at any examination shall not all be members
of the same political party.
Sixteenth — Notice of examination.] Notice of the time and place
and general scope of every examination shall be given by the commis-
sion by publication for two weeks preceding such examination, in a
daily newspaper of general circulation published in said county, and
such notice shall also be posted by said commission in a conspicuous
place in their office for two weeks before such examination. Such fur-
ther notice of examination may be given as the commission shall pre-
scribe.
Seventeenth — Begisteks.] From the returns or reports of the ex-
aminers, or from the examinations made by the commission, the com-
mission shall prepare a register for each grade or class of positions in
the classified service of said county, of the person whose general average
standing upon examination 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 registers as candi-
dates in the order of their relative excellence, as determined by exam-
ination, without reference to priori of time of examination. Said
commission may strike off names of candidates from the register after
they have remained thereon for more than two years.
Eighteenth — Promotions.] The commission shall, by its rules, pro-
vide for promotion in such classified service, on the basis of ascertained
merit, examination and seniority in service, and shall provide, in all
cases where it is practicable, that vacancies shall be filled by promo-
tion. All examinations for promotion shall be competitive among such
members of the next lower rank as desire to submit themselves to such
examination ; and it shall be the duty of the commission to submit to the
appointing power the names of not more than three applicants for each
promotion having the highest rating. 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 appointment.
Nineteenth — Appointments to classified service.] • The head of
the institution, department or office in which a position classified under
this Act is to be filled, shall notify the president of the board and said
commission of that fact, and said commission shall certify to the appoint-,
ing officer the name and address of the candidate standing highest upon
the register for the class or grade said position belongs to, except that
in case of laborers, where a choice by competition is impracticable, said
commission may provide by its rules that the selection may 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.
Said appointing officer, meaning thereby the president of said board,
shall notify said commission of each position to be filled separately,
and shall fill such place by the appointment of the person certified by
156 COUNTIES.
said commission therefor, which appointment shall be on probation for
a period to be fixed by said rules. At or before the expiration of the
period of probation, the officer having the power of appointment may,
with the consent of said commission, discharge such person so appointed
on probation, upon assigning in writing to said commission his reasons
therefor.
Twentieth — Exemptions.] The president of the board of commis-
sioners of Cook county shall, with the advice and consent of the board,
appoint the warden of the county hospital, the superintendent of the in-
sane asylum and poor house, the county agent, the county physician, the
custodians of court house and criminal court building, the county at-
torney, the county architect, the committee . clerk of the county board,
and the said officers and the superintendent of public service shall not
be included in the said classified service.
Twenty-first — Eemovals and reductions.] Eemovals from the clas-
sified service, or reduction in grade of compensation, or both, may be
made in any department of the service by the head of such department,
for any cause which will promote the efficiency of the service; but only
on written specifications by the officer making the removal or reduction;
and the person sought to be removed or reduced shall have notice and
shall be served with a copy of the specifications and be allowed reason-
able time for answering the same in writing; and a copy of the notice,
specifications, answer and of the order of removal or reduction shall be
filed with the civil service commission. The said commission shall in-
vestigate any removal or reduction which it has reason to believe has
not been made in accordance with the provisions of this section; and it
may in any case investigate any removal or reduction, and then in ac-
cordance with its findings, approve or disapprove the same. The find-
ing and decision of the said commission shall in every case be final, and
shall be certified to the appointing officer, and shall be forthwith en-
forced by such officer. 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. Nothing in this Act shall limit the power of any
officer to suspend a subordinate, without pay, for cause assigned in writ-
ing, for a reasonable period, not exceeding thirty days. In the course
of an investigation of charges, each member of the civil service commis-
sion shall have the power to administer oaths, and 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 in-
vestigation.
Twenty-second — Report to commission.] Immediate notice in writ-
ing shall be given by the appointing power to said commission of all
appointments, permanent or temporary, made in such classified civil
service, and of all transfers, promotions, 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 commission. When any office or place of em-
COUNTIES. 157
ployment is created or abolished, or the compensation attached thereto
altered, the officer or board making such change shall immediately re-
port it in writing to said commission.
Twenty-third — Investigations.] The commission shall investigate
the enforcement of this Act and its rules, and the action of examiners
herein provided for and the conduct and action of the appointees in the
classified civil service of said county. In the course of such investiga-
tion each commissioner shall have power to administer oaths, and said
commission shall have power to secure by its subpoena both the attend-
ance and testimony of witnesses and the production of books and papers
relevant to such investigations.
Twenty -fourth — Reports of commission.] Said commission shall
on or before the first Monday of September of each year make to the
president for transmission to the board of commissioners a report show-
ing its own action, the rules in force, the practical effects thereof, and
any suggestions it may approve for the more effectual accomplishment of
the purposes of this Act. The president may require a report from said
commission at any time.
Twenty-fifth — The civil service commission shall select one of their
own number to act as chairman and .one as secretary. The 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 per-
form such other duties as the commission shall require.
Twenty-sixth — Officers to aid — rooms.] All officers of said county
shall aid said commission in all proper ways in carrying out the pro-
visions of this Act, and at anv nlace where examinations are to be held
shall allow the reasonable use of public buildings for holding such ex-
aminations. The board of county commissioners shall cause suitable
rooms to be provided for said commission at the expense of said county.
Twenty-seventh — Salaries and expenses. 1 Each of said civil ser-
vice commissioners shall receive a salary of fifteen hundred dollars a year,
and said commission may also incur expenses not exceeding five hundred
dollars a year for printing, stationery and other incidental matters.
Twenty-eighth — Appropriations.] A sufficient sum of money shall
be appropriated each* year by said board to carry out the provisions of
this Act in said county. If the board shall have already made the an-
nual appropriation for county purposes for the current fiscal year, the
board is authorized and required to pay the salaries and expenses of the
civil service commission for such fiscal year out of the moneys appro-
priated for contingent purposes by said board.
Twenty-ninth — Frauds prohibited."1 No person or officer shall wil-
fully or corruptly, by himself or cooperation with any 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 examination or proper standing of any person examined
hereunder, or aid in so doing, or wilfully or corruptly make any false
representation -concerning the same or concerning the person examined,
158 COUNTIES.
or wilfully or corruptly furnish to any person- any special or secret in-
formation for the purpose of improving or injuring the prospects or
chances of any person so examined or to be examined being employed
or promoted.
Thirtieth — No officer to solicit or receive political contribu-
tions.] No officer or emuloye in the classified civil service of said
county or named in the twentieth paragraph of this section, shall solicit,
orally or by letter, or receive or pay, or be in (any) manner concerned
in soliciting, receiving or paying any assessments, subscriptions or con-
tributions for any party or political purposes whatever.
Thirty-first — No person to solicit political contributions from
officers or employes.] No person shall- solicit orally or by letter, or
be in any manner concerned in soliciting any assessment, contribution
or payment, for any party or for any political purpose whatever, from
any officer or employe in the classified civil service of said county or
named in the twentieth paragraph of this section.
Thirty -second — Assessments and contributions in public offices
forbidden.] No person shall in any room or building occupied for the
discharge of official duties by any officer or employe in the classified civil
service of said county, or named in the twentieth paragraph of this sec-
tion, solicit, orally or by written communication, deliver 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 in the classified civil service of said county or named
in the twentieth paragraph of this section, who may have charge or con-
trol of any building, office or room, occupied for anv purpose of said
government, shall permit any person to enter the same, for the purpose
of therein soliciting or 'delivering written solicitations for, or receiving
or giving notice of any political assessments.
Thirty-third— -Payments of political assessments to public of-
ficers prohibited.] No officer or employe in the classified civil service
of said county or named in the twentieth paragraph of this section shall,
directly or indirectly, give or hand over to any officer or employe 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.
Thirty-fourth — Abuse of political influence prohibited.] No
officer or employe in said classified service or named in the twentieth,
paragraph of this section 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 refusal or neglect to render any
party or political service.
Thirty-fifth— Payment for place prohibited.] No applicant for
appointment in said classified civil service, or to a position named in the
twentieth paragraph of this section, either directly or indirectly, shall
pay, or promise to pay any money or other valuable thing to any per-
COUNTIES. 159
son whatever for or on account of his appointment, or proposed appoint-
ment, and no officer or employe in said civil service or named in said
paragraph 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.
Thirty-sixth — Kecommendation in consideration of political
service prohibited.] No applicant for appointment or promotion in
classified civil service shall ask for or receive a recommendation for as-
sistance 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 or em-
ployment [appointment.]
Thirty-seventh — Auditing officer.] No accounting or auditing of-
ficer 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 provi-
sions of this Act.
Thirty-eighth- — Appointments and removals to be certified to the
comptroller.] The commission shall certify to the county clerk or
other auditing officers, all appointments to offices and places in the class-
ified civil service, and all vacancies occurring therein, whether by dis-
missal, resignation or death, and all findings made or approved by the
commission under the orovisions of the twenty-first paragraph of this
section, that a person shall be discharged from the classified service.
Thirty-ninth — Comptroller to pay salaries, only after certifi-
cation.] No county clerk, comptroller or other auditing office [officer]
of said county shall approve the payment of, or be in any manner con-
cerned in paying any salarv or wages to any person for services as an
officer or employe of said county unless such person is occupving an
office or place of employment according to the provisions of law and is
entitled to payment therefor.
Fortieth — Compelling testimony of witnesses — production of
books and papers.] 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 commissions [commissioners] 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 the twenty-
first or twenty-third paragraph of this section, and who shall refuse or
neglect to appear or 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 the
forty-first paragraph of this section. The, fees of witnesses for attend-
ance and travel shall be the same as the fees of witnesses before the
circuit courts, and shall be paid from the appropriation for the expenses
of the commission. And any circuit court or any judge thereof, either
in term time or vacation, upon application of any such commission [com-
missioner] or officer or board may, in his discretion, compel the attend-
ance of witnesses, the production of books and papers, and giving of
testimony before the commission, or before any such commissioner, in-
vestigating board or officer by attachment for contempt or otherwise
]60 COUNTIES.
in the same manner as the production of evidence may be compelled
before said court. Every person who, having taken an oath or made
affirmation before a commissioner or officer appointed by the com-
mission authorized to administer oaths, shall swear or affirm wilfully,
corruptly and falsely, shall be guilty of perjury, and upon conviction
shall be punished accordingly.
Forty-first — Penalties.] Any person who shall willfully, or through
culpable negligence violate any of the provisions of this Act or any rule
promulgated in accordance with the provisions thereof shall be guilty
of a misdemeanor and shall, on conviction thereof be punished by a fine
of not less than fifty dollars and not exceeding one thousand dollars,
or by imprisonment in the county jail for a term not exceeding six
months, or by both such fine and imprisonment in the discretion of the
court.
Forty-second — Penalties, disqualification to hold office.] 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.
Forty-third-—WnAT officers to prosecute,] Prosecutions for viola-
tions of this Act may be instituted either by the Attorney General, 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 instituted them, unless they request the aid of other prosecuting
officers.
Approved June. 8, 1909,
county board — duties, supplies.
§ 1. Amends section 26, Act of 1874. § 26. As amended, third item
includes "printing
and postage" for
county officers.
(Senate Bill No. 457. Appkoved June 5, 1909.)
An Act to amend section 26 of an Act entitled, "An Act to revise the
law in relation to counties" approved and in force March SI, 181 '4.
Section 1. Be it enacted by the People of the Slate of Illinois rep-
resented in the General Assembly: That section 26 of an Act entitled,
"An Act to revise the law in relation to counties/' approved and in
force March 31, 1874, be amended to read as follows:
§ 26. It shall be the duty of the county board of each county:
First — To erect or otherwise provide when necessary, and the finances
of the county will justify it, and keep in repair, a suitable court house,
jail and other necessary county buildings, and to provide proper room.^
and offices for the accommodation of the several courts of record of the
county, and for the county board, county clerk, county treasurer, re-
corder, sheriff, and the clerks of said courts, and to provide suitable
COUNTIES. 1(51
furniture therefor. But in counties not under township organization,
no appropriations shall be made for the erection of public buildings,
without first submitting the proposition to a vote of the people of the
county, and said vote shall be submitted in the same manner and under
the same restrictions as provided for in like cases in section 27 of this
Act; and the votes therefor shall be "For taxation," specifying the ob-
ject, and those against shall be "Against taxation," specifying the object.
Second — To provide and keep in repair, when the finances of the
county permit, suitable fire-proof safes or offices for the county clerk,
county treasurer, recorder, sheriff and clerks of said courts.
Third — To provide suitable books, stationery, printing and postage for
the use of the county board, county clerk, county treasurer, recorder,
sheriff, coroner, State's Attorney, superintendent of schools, surveyor,
judges and clerks of courts of record.
Fourth — To cause to be published at the close of each annual, regular or
special meeting of the board, a brief statement of the proceedings thereof
in one or more newspapers published in the county, in which shall be set
forth the name of every individual who shall have had any account
audited and allowed by said board and the amount of said claim as al-
lowed, and the amount claimed, and also their proceedings upon the
equalization of the assessment roll : Provided, that no publication in a
newspaper shall be required unless the same can be done without un-
reasonable expense.
Fifth — To make out at its meeting in September, annually, a full
and accurate statement of the receipts and expenditures of the oreceding
year, which statement shall contain a full and correct description of each
item, from whom and on what account received, to whom paid, and on
what account expended, together with an accurate statement of the
finances of the county at the end of the fiscal year, including all debts
and liabilities of every description, and the assets and other means to
discharge the same; and within thirty days thereafter to cause the same
to be posted up at the court house door, and at two other places in the
county, and published for one week in some newsoaner therein, if there
is one, and the same can be done without unreasonable expense.
Approved June 5, 1909.
-11 L
162
COUNTIES.
POWERS OF COUNTY AND COUNTY BOARD — TUBERCULOSIS
SANITARIUM.
1. Amends sections 24 and 25, Act
of 1874.
§ 25. Amended by adding
ninth provision relat-
ing to a tuberculosis
sanitarium.
§ 24. Amended by adding
fifth provision relat-
ing to a tuberculosis
sanitarium.
(House Bill No. 165. Approved April 26, 1909.)
An Act to amend sections 2J+ and 25 of an Act entitled, "An Act to re-
vise the law in relation to counties," approved and in force March
31, 1874.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That sections 24 and 25 of an Act
entitled, "An Act to revise the law in relation to counties," approved
and in force March 31, 1874, shall be amended so as to read as follows:
§ 24. Each county shall have power —
First — To purchase and hold the real and personal estate necessary
for the uses of the county, and to purchase and hold, for the benefit of
the county, real estate sold by virtue of judicial proceedings in which
the county is plaintiff.
Second — To sell and convey or lease any real or personal estate owned
by the county.
Third — To make all contracts and do all other acts in relation to the
property and concerns of the county necessary to the exercise of its
corporate powers.
Fourth — To take all necessary measures and institute proceedings
to enforce all laws for the prevention of cruelty to animals.
Fifth — To purchase and hold real estate upon which may be erected
and maintained by the county a sanitarium for the care and treatment
of the residents of the county who may be afflicted with tuberculosis;
and to purchase, hold and use all necessary personal property for the
proper care and maintenance of such real estate and sanitarium.
§ 25. The county boards of the several counties shall have power —
First — To take and have the care and custody of all the real and
personal estate owned by the county.
Second — To manage the county funds and county business, except
as otherwise specifically provided.
Third — To examine and settle all accounts against the county, and
all accounts concerning the receipts and expenditures of the county.
Fourth — To cause to be erected, or otherwise provided, a suitable
workhouse, in which persons convicted of' offenses punishable by im-
prisonment in the county jail may be confined and employed, and to
make rules and regulations for the management thereof. They may
contract for the use of the city workhouse when the same can satis-
factorily be done.
Fifth — To cause to be erected, or otherwise provided, suitable build-
ings for, and maintain, a county insane asylum, and provide for the
management of the same.
COUNTIES — COURTS. 163
Sixth — To cause to be annually levied and collected taxes for county
purposes, including all purposes for which money may be raised by
the county by taxation, not exceeding 75 cents on the one hundred dol-
lars' valuation, and in addition thereto an annual tax not exceeding one
hundred cents on the one hundred dollars for the purpose of paying the
interest and principal of indebtedness which existed at the time of the
adoption of the constitution.
Seventh — To authorize the vacation of any town plat when the same
is not within any incorporated town, village or city, on the petition of
two-thirds of the owners thereof.
Eighth — To change the name of any town plat on the petition of a
majority of the legal voters residing therein when the inhabitants thereof
have not become a body corporate.
Ninth — To cause to be erected, or otherwise provided, and maintained
all suitable buildings for a sanitarium for the care and treatment of all
persons suffering from tuberculosis who may be admitted to said san-
itarium by, or under the direction of, said board, and to. provide for
the maintenance and management of the same.
Approved April 26, 1909.
COUETS.
APPELLATE COURTS — TERMS.
§ 1. Amends section 2, Act of 1877. § 2. Fixes terms in the sev-
eral districts — pro-
viso.
(House Bill No. 155. Approved June 5, 1909.)
An Act to amend section two (2) of an Act entitled, "An Act to estab-
lish Appellate Courts'' approved June 2, 1877, in force July 1, 1877,
as amended by an Act approved April 22, 1899, in force July 1, 1899.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section two (2) of an Act en-
titled, (fAn Act to establish Appellate Courts," approved June 2, 1877,
in force July 1, 1877, as amended by an Act approved April 22, 1899,
in force July 1, 1899, be amended so as to read as follows:
§ 2. The terms of said Appellate Courts shall be held in the sev-
eral districts as follows : In the first district, at the city of Chicago, on
the first Tuesdays in March and October of each year; in the second
district at Ottawa, in LaSalle county on the first Tuesdays in April
and October in each year; in the third district at Springfield, on the
third Tuesdays of May and November in each year; in the fourth dis-
trict in Mt. Vernon, on the fourth Tuesdays in March and October in
each year. All cases now or hereafter taken to said Appellate Courts,
and all processes of every nature and kind that would stand for hearing
16-t COURTS.
or be returnable to any of said terms as now fixed by law, shall stand for
hearing and be returnable to the first term of said court in each dis-
trict, respectively, as fixed by this Act.
Approved June 5, 1909.
CIRCUIT COURTS — SHORT HAND REPORTERS.
§ 1. Amends section 2, Act of 1S87.
As amended, fixes com-
pensation at $8 per
day and ten cents
per one • hundred
words.
(House Bill No. 422. Approved June 8, 1909.)
An Act to amend section 2 of an Act entitled, "An Act to authorize the
judges of the circuit courts to appoint short-hand reporters for the
taking and preservation of evidence, and to provide for their compen-
sation;" approved May 31, 1887, in force July 1, 1887.
Section" 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section two of an Act entitled,
"An Act to authorize the judges of the circuit courts to appoint short-
hand reporters for the taking and preservation of evidence, and to pro-
vide for their compensation/' approved May 31, 1887, in force July 1,
1887, be amended to read as follows:
§ 2. The said reporter shall cause full phonographic notes of the
evidence in all trials in the court for which he is so appointed to be taken
down, and one transcript of the same, if desired. by either party of the
suit or by .their attorney or by the judge of the court, to be forthwith
correctly made and furnished to the party desiring it. The compensa-
tion of the rejDorter for taking such phonographic notes, shall be eight
doilars ($8.00) per day for each day court is in session. The presid-
ing judge of the court shall furnish to said reporter at the close of each
term of court a certificate showing the amount per diem due him, and
upon presentation to the county treasurer of such county he shall pay
the same out of "any funds of such county in his hands. Said reporters
shall be allowed to charge not to exceed ten cents per one hundred words
for making transcripts of said short-hand notes, to be paid in the first
instance by the party on whose behalf such transcript is ordered, and
allowed and taxed as costs in the suit, and the transcript when so paid
for by the party ordering it and the charges for the same is taxed as
costs, the same shall be filed and remain with the papers in the case:
Provided, however, that when the judge trying the cause shall, of his
own motion, order a transcript of said short-hand notes as hereinbefore
provided, he may direct the payment of the charges therefor and the
taxation of the same as costs in such manner as to him may seem just:
Provided, always, that the charges for making but one transcript may
be taxed as costs, the party first ordering the transcript shall have the
preference, unless it shall be otherwise ordered by the court.
Approved June 8, 1909.
COURTS. 165
CIRCUIT COURTS — TERMS, JEFFERSON COUNTY.
§ 1. Terms in Jefferson county.
(House Bill No. 712. Approved June 9, 1909.) .
An Act entitled, "An Act to establish terms of circuit court for Jeffer-
son county"
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the circuit court shall, after
the taking effect of this Act, be held in the county of Jefferson as fol-
lows :
On the second Monday of January, the second Monday of April, and the
second Monday of July and the fourth Monday of September in each
year: Provided, there shall be no juries summoned for the July terms
of court in said county unless by special order of a judge of said court,
which order may be made either in term time or in vacation.
Approved June 9, 1909.
CIRCUIT COURTS — TERMS, FOURTH CIRCUIT.
§ 1. Amends section 5, Act of 1879. | § 5. Terms in fourth circuit.
(House Bill No. 642. Approved June 10, 1909.)
Ax Act to amend section 5 of an Act entitled, "An Act to amend 'An
Act concerning circuit courts, and to fix the time for holding the same
in the several counties in the 'judicial circuits of Illinois, exclusive of
the county of Cook/ " approved May 2%, 1879, in force July 1, 1879;
and as amended by an Act of the General Assembly approved June
11, 1897 , and in force July 1, 1897; as amended by an Act of the
General Assembly approved April 7 , 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 5 of an Act entitled,
"An Act to amend *An Act concerning circuit courts, and to fix the
time for holding the same in the several counties in the judicial circuits
of the State of Illinois, exclusive, of the county of Cook/ " and approved
May 24, 1879, in force July 1, 1879 ; and as amended by an Act of the
General Assembly approved June 11, 1897, and in force July 1, 1897;
as amended by an Act of the General Assembly approved April 7,
1905, in force July 1, 1905, be and the same is hereby amended so as to
read as follows:
§ 5. Fourth District — In the county of Marion, on the second Mon-
day of January and the fourth Mondays of April and September: Pro-
vided, that no grand jury shall be summoned for the January term of
Marion county. In the county of Clinton, on the third Monday of
January, on the first Monday of June and on the fourth Monday of
September: Provided, the June term in Clinton county shall have no
grand jury summoned, unless the same is done on the written order of
the judge, made thirty days prior to the first day of the term; in the
county of Clay, on the second Mondays of March and September; in
166 COURTS.
the county of Fayette, on the second Mondays of February and May
and the fourth Monday of August; in the county of Effingham, on the
third Mondays of March and October; in the county of Jasper, on the
second Mondays of April and October; in the county of Montgomery,
on the third Monday of January and the first Mondays of April and
November; in the county of Shelby, on the fourth Monday of March
and the first Monday of June and the second Monday of November;
in the county of Christian, on the second Monday of March and fourth
Mondays of August and November: Provided, in the June term in Shel-
by county shall have no juries summoned, unless the same is clone on the
written order of the judge, made thirty days prior to the first day of
the term : Provided, that all suits, writs and processes of every kind
and nature, either civil or criminal, heretofore commenced or pending
in the circuit court of Clinton county, 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 goes into force and effect.
Approved June 10, 1909.
CIRCUIT COURTS— TERMS, FIFTH CIRCUIT.
§ 1. Amends section 6, Act of 1879. | § 6. Terms in fifth circuit.
(House Bill No. 49S. June 10, 1909.)
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 of holding the
same in the several counties in the judicial circuits of the State of
Illinois, exclusive of the county of Cook," approved May 21f, 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 llf, 1903, in
force July 1, 1903, as amended by Act approved April 22, 1907, in
force July 1, 1907.
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 en-
titled "An Act to amend an Act concerning circuit courts and to fix
the time of 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 approved
June 11, 1897, in force July 1, 1897, as amended by Act approved May
14, 1903, in force July 1, 1903, as amended by Act approved April 22,
1907, in force July 1, 1907, be and the same is hereby amended to read
as follows :
§ 6. [Fifth Circuit.] In the county of Vermilion on the third
Monday of January, the third Monday of May, the first Monday of Octo-
ber; 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 second Monday of March, the second Monday in July and
the second Monday in November; in the county of Cumberland on the
COURTS. 167
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 sum-
moned for the January term of Coles county unless ordered by the court :
Provided, further, that no grand jury or petit jury shall be summoned
for the February term of Edgar county, unless ordered by the judge
assigned to hold such term of court: And, provided, further, that no
grand or petit jury shall be summoned for the July term of Clark county
unless ordered by the judge assigned to hold such term of court, in writ-
ing, at least thirty days prior to the first day of such July term of court.
Approved June 10, 1909.
CIRCUIT COURTS — TERMS, EIGHTH CIRCUIT.
§ 1. Amends section 9, Act of 1879. § 9. Fixes terms in counties
of eighth circuit.
(Senate Bill No.. 502. Approved June 4, 1909.)
An Act. to amend section nine (9) of an Act entitled, "An Act to amend
an Act concerning circuit courts, and to fix the time for holding same
in the several counties in the judicial circuits of the State of Illinois,
exclusive of the county of Cook," approved May 2k, 1879, in force
■ July 1, 1879, approved June 11, 1897, in force July 1, 1897, as
, amended by an Act approved May 11, 1901, in force July 1, 1901.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section nine (9) of an Act en-
titled, "An Act to amend an Act concerning circuit courts and to fix
the time for holding same in the several counties in the judicial cir-
cuits of the State of Illinois, exclusive of the county of Cook/' approved
May 24, 1879, in force July 1, 1879, approved June 11, 1897, in force
July 1, 1897, as amended by an Act approved May 11, 1901, in force
July 1, 1901, be amended so as to read as follows:
§ 9. Eighth Circuit. In the county of Adams, on the third Monday
in January, fourth Monday in March, third Monday in May, third Mon-
day in June, third Monday in September, and fourth Monday in Octo-
ber; in the county of Schuyler, on the fourth Monday in February,
first' Monday in June and second Monday in September : Provided, that
no jury, grand or petit, shall be summoned for said June term; in the
county of Mason, on the third Monday in April, first Monday in August
and second Monday in November: Provided, that no jury, grand or
petit, shall be summoned for said August term; in the county of Cass, on
the second Monday in January, third Monday in March and first Monday
in October : Provided, that no jury, grand or petit, shall be summoned
for said January term; in the county of Brown, on the fourth Monday
in February and the second Monday in September; in the county of
Pike, on the second Monday in April, third Monday in June and second
Monday in November: Provided, that no jury, grand or petit, shall be
summoned for said June term ; in the county of Calhoun, on the second
168 corrrrs.
Monday in May and the second Monday in October; in the county of
Menard, on the first Monday in February, second Monday in June and
fourth Monday in October.
Approved June 4, 1909.
CIRCUIT COURTS— TERMS, 15TH CIRCUIT.
§ 1. Amends section 16, Act of 1879. § 16. Terms in Jo Daviess
county changed.
(Senate Bill No. 250. ■ Approved Mat 7, 1909.)
An Act to amend section 16 of "An Act concerning circuit courts and
to fix the time for holding the same in the several counties in the
judicial circuits of the State of Illinois exclusive of the county of
Cook," approved May 21f, 1819, in force July 1, 1879, approved June
11, 1897, in force July 1, 1897, as amended by an Act approved May
11, 1901, in force July 1, 1901, as amended by an Act approved and in
force April 19, 1907, as amended by an Act approved and in force Jan-
uary 31, 1907, and all Acts amendatory thereof.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section sixteen of "An Act con-
cerning circuit courts and to fix the time for holding the same in the
several counties in the judicial circuits of the State of Illinois, exclu-
sive of the county of Cook," approved May 21, 1879, in force July 1,
1879, approved June 11, 1897, in force July 1, 1897, as amended by an
Act approved May 11, 1901, in force July 1, 1901, as amended by an
Act approved and in force April 19, 1907, as amended by an Act ap-
proved and in force January 31, 1907, and all Acts amendatory thereof,
be and the same is hereby amended to read as follows:
§ 16. Fifteenth Circuit. In the county of JoDaviess, on* the first
Mondays of November and February, and the fourth Monday in May;
in the county of Stephenson, on the first Mondays of September and
December, and the first Monday of March and June; in the county of
Carroll on the first Monday of March, on the third Monday in June,
and the third Monday of November; in the county of Ogle on the first
Monday of October, on the first Monday of January and the fourth
Monday of April ; in the county of Lee, on the first Monday of January,
second Monday of April and the third Monday of September.
Approved Mav 7, 1909.
COTTKTS. 169
CIRCUIT COURTS — TERMS, SIXTEENTH CIRCUIT.
§ 1. Amends section 17, Act of 1879. I § 17. Terms in 16th circuit.
(House Bill, No. 434. Approved June 10, 1909.)
An Act to amend section 17 of an Act entitled, "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 Cool-," approved May 2k, 1879, in force July 1, 1879,
as amended by an Act approved June 11, 1897, in force July 1, 1897.
Section" 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 17 of an Act entitled,
"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 an Act approved June 11, 1897, in force July
1, 1897, be and the same is hereby amended to read as follows:
§ 17. Sixteenth Circuit. In the county of Kane, on the first Mon-
day of February, on the third Monday of May, on the second Monday of
September and on the third Monday of November; in the county of Du-
Page, on the second Monday of Januar}^, on the second Monday of June
and on the first Monday of October; in the county of Kendall, on the
first Monday of April and on the fourth Monday of October; in the
county of DeKalb, on the fourth Monday of February, on the first Mon-
day of June and on the fourth Monday of October.
Approved June 10, 1909.
CIRCUIT COURTS — TERMS, SEVENTEENTH CIRCUIT.
§ 1. Amends section 18, Act of 1879.
§18. As amended, elimin-
ates proviso concern-
ing jury for Decem-
ber term in Lake
county.
(House Bill, No. 66. Approved June 8, 1909.)
An Act to amend section 18 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 21f, 1879, in force
July 1, 1879, approved June 11, 1897, in force July 1, 1897.
Section" 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 18 of an Act entitled,
"An Act to amend an Act concerning circuit courts and to fix the time
for holding the same in the several counties in the judicial circuits of
the State of Illinois, exclusive of the county of Cook," approved May 24,
1879, in force July 1, 1879, approved June 11, 1897, in force July 1,
1897, be and the same is hereby amended so as to read as follows:
§ 18. Seventeenth Circuit. In the county of Winnebago, on the
first Monday of October, second Monday in January and second Monday
ITU COURTS.
in April; in the county of Boone, on the fourth Mondays of January,
April and September ; in the county of McHenry, on the second Monday
of January and the fourth Mondays of May and September; and in
the county of Lake, on the first Monday of March, and first Monday of
October and the first Monday in December.
Approved June 8, 19U9.
CIRCUIT AND SUPERIOR COURTS— ASSIGNMENT OP JUDGES.
§ 1. Written request — assignment — I § 2. Written order — how made, etc.
proviso.
(Senate Bill No. 305. Approved June 5, 1909.)
An Act to provide for judges of circuit courts and judges of the sur
perior court of Cook, county holding court in th& several circuits of
the State and Cook county by order of the Supreme Court or any
judge thereof.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That whenever any two judges of
any judicial circuit in the State of Illinois, exclusive of Cook county,
or a majority of the judges of the circuit court of Cook county, or a
majority of the judges of the superior court of Cook county, shall so re-
quest and state in writing to the Supreme Court of this State or to any
judge thereof in vacation that the number of cases upon the several
dockets of the said several courts of any such judicial circuit or of Cook
county, as the case may be, is such as to require the assistance of a
judge or judges not .residing within such judicial circuit or the county
of Cook, as the case may be, the Supreme Court, or the judge thereof,
to whom such request and statement is made, in vacation, if satisfied
of the correctness of the statements contained in such request, may, by a
written order, asign any judge of the circuit court of the State or any
judge of the superior court of Cook county to hold court in any of the
circuit courts of the State or in the superior court of Cook county, as the
case may be, according to such request: Provided, that no judge of said
circuit or superior courts shall be required to hold court outside of his
circuit or Cook county, as the case may be, at a time when the business
of the courts of such circuit or Cook county, as the case may be, re-
quires his services, nor shall any judge of said circuit or superior courts
by reason of any such assignment to hold court outside of his circuit
or Cook county, as the case may be, be required to hold court in the
aggregate more than eight months in any year from the first day of
June in one year to the first day of June of the succeeding year.
§ 2. The written order provided for by the preceding section shall
state the period of time during which court is to be held by each judge
assigned to hold court under and by such order. When said order is
made by the Supreme Court it shall be entered upon the docket of said
court, and when made by a judge of said court in vacation the same
shall be signed by the judge making the same and forthwith be filed with
COURTS. 171
the clerk of said Supreme Court. It shall be the duty of such clerk,
upon such order being made by said Supreme Court or being filed by
such judge thereof, immediately to transmit a copy thereof to the judge
or judges assigned by such order to hold court as herein provided.
Approved June 5, 1909.
CIRCUIT AND SUPERIOR COURTS — FARM DRAINAGE AND LEVEE
MATTERS.
§ 1. Concurrent jurisdiction with I § 3. Appeals,
county court in all farm drain-
age and levee district matters § 4. Repeal.
— powers and duties.
§ 5. Emergency.
§ 2. Orders, etc., in vacation. '
(Senate Bill No. 77. Approved June 5, 1909.)
An Act to give circuit courts of this State, and the superior courts of
Cook county, in term time, and judges thereof in vacation, concur-
rent jurisdiction with the county courts, in all matters pertaining to
the organization of farm drainage districts, and farm drainage and
lev.ee districts, and the operation thereof, and to [repeaT\ all Acts in
conflict herewith.
Section" 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That circuit courts of this State,
and the superior courts of Cook county, are hereby given concurrent
jurisdiction with county courts in all matters pertaining to the organ-
ization 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 to make all
necessary orders affecting the district or its officers as fully as is now
vested in the county courts; and the clerk of the circuit court shall,
when the proceeding is pending in such 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 of this State, and the superior courts
of Cook county, when the proceeding is pending therein.
§ 2. That the several judges of the circuit courts of this State and
the superior courts of Cook county are hereby given jurisdiction in
vacation to make all necessary orders and hear and determine any and all
matters pertaining to the organization of farm drainage districts and
farm drainage and levee districts, and the operation thereof, the same
as in term time. Any order so made shall be signed by the judge mak-
ing it and filed and entered of record by the clerk of the court in which
the proceeding is had, and from the date of such filing shall have like
force and effect as if made at a regular term of such court.
§ 3. Appeals' may be taken from the final orders, judgments and
decrees from either of the county or circuit courts to the Supreme Court,
172 , COURTS.
§ 4. All Acts or parts of Acts in conflict herewith are hereby re-
pealed.
§ 5. Whereas, An emergency exists, therefore this Act shall take
effect and be in force from and after its passage.
Approved June 5, 1909.
CITY COURTS— SALARIES OF JUDGES.
§ 1. Amends section 23, Act of 1901. § 23. As amended, salaries' of
judges in cities over
5,000 to be paid out
of State treasury.
(House Bill No. 18S. Approved June 10, 1909.)
An Act to amend section 23 of "An Act in relation to courts of record
in cities," approved May 10, 1901, in force July 1, 1901, as amended
by Act approved May S, 1907, in force July 1, 1901.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 23 of "An Act in rela-
tion to courts of record in cities/' - approved May 10, 1901, in force
July 1, 1901, as amended by Act approved May 8, 1907, in force July 1,
1907, be, and the same is hereby amended so as to read as follows:
§ 23. The judges of said court shall be allowed and receive as an an-
nual salary in lieu of all other fees, perquisites or benefits whatsoever
in cities having a population not exceeding five thousand (5,000) inhabi-
tants, the sum of five hundred dollars ($500), 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) inhabitants, the
sum of two thousand dollars ($2,000) ; and in cities having more than
twenty-five thousand (25,000) inhabitants, .the sum of three thousand
dollars ($3,000) to be paid out of the State treasury: Provided, that
wherever an additional judge is elected in any city where a city court
has been established-, said additional judge shall be allowed and receive
as an annual- salary, the sum of three thousand dollars ($3,000) to be
paid out of the State treasury.
Approved June 10, 1909.
COUNTY COURTS — EDGAR COUNTY.
§ 1. Amends section 31, Act of 1874. I § 31. Terms in Edgar county.
(House Bill No. 176. Approved June 8, 1909.)
An Act to amend section 31 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, 181k, in force July 1, 1S14, as amended
by an Act appi'oved May 15, 1S19, in force July 1, 1S19.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 31 of an Act entitled,
COURTS. 173
"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 May 15, 1879, in force July 1, 1879,
be and the same is hereby amended to read as follows:
§ 31. Edgar, in April and October.
Approved June 8, 1909.
COUNTY COURTS— FRANKLIN COUNTY.
§ 1. Amends section 36, Act of 1874. | § 36. Terms in Franklin
county.
(House Bill No. 578. Approved June 9, 1909.)
An Act to amend section 36 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 May 15, 1879, and in force July 1, 1879.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 36 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 May 15, 1879, in force July 1,
1879, be and the same is hereby amended to read as follows :
§ 36. Franklin County. On the second Mondays of January, April,
July and October.
Approved June 9, 1909.
COUNTY COURTS — FULTON COUNTY.
§ 1. Amends section 37, Act of 1874. § 37. Terms in Fulton coun-
ty.
I § 2. Repeal.
(House Bill No. 714. Approved June 10, 1909.)
An Act to amend section 37 of an Act entitled, "An- Act to extend the
jurisdiction of the county courts and to provide for the practice there-
of, to fix the time for holding the same and repeal an Act therein,
named," approved March 26, 1874, in force July 1, 1874; as amended
by an Act entitled, "An Act to amend sections thirty-seven, seventy-
four and one hundred and one 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, approved May 23, 1883,
in force July 1, 1883.
[Section 1.] Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: § 1. That section 37 of an Act
174 COURTS.
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 repeal an Act therein named/' approved March 26, 1874, in force
July 1, 1874 ; as amended by an Act entitled, "An Act to amend sections
thirty-seven, seventy-four and one hundred and one 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," approved May 23,
1883, in force July 1, 1883, shall be amended so as to read as follows :
[§ 37.] Fulton, second Mondays in March and November.
§ 2. All Acts or parts of Acts in conflict herewith are hereby re-
pealed.
Approved June 10, 1909.
COUNTY COURTS— SALINE COUNTY.
§ 1. Amends section 91, Act of 1874. | § 91. Terms in Saline county.
(House Bill No. 721. Approved June 10, 1909.)
An Act to amend section ninety-one (91) 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, 187 If, in force July 1,
1874; as amended by Act approved March 29, 1875, in force July 1,
1875.
Section; 1. Be it enacted oy the People of the State of Illinois rep-
resented in the General Assembly: That section ninety-one (91) of an
Act entitled, "An Act to extend the jurisdiction of county courts, and
to provide for the practice thereof, to fix the time for holding the same,
and to repeal an Act therein named," approved March 26, 1874, in
force July 1, 1874; as amended by Act approved March 29, 1875, in
force Jul}- 1, 1875, be amended to read as follows:
§ 91. The law terms of the county court of Saline county shall com-
mence on the second Mondays in the months of February, May, August
and November.
Approved June 10, 1909.
county and probate courts— clerks and deputies restricted.
§ 1. What unlawful for clerk or dep- j § 2. Penalty,
uty.
(House Bill, No. 100. Approved June 8, 1909.)
An Act to prohibit county and probate clerks and deputy county or
probate clerks from preparing certain documents and, from holding
■ certain positions.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That it shall be unlawful for any
COURTS. 175
county or probate clerk or deputy county or probate clerk to prepare or
draft any document which is to be filed or recorded in the court in
which he is clerk or deputy clerk, except such documents as such clerks
are -by law required, or by some statute authorized to draft or prepare;
and that it shall be unlawful for any such clerk or deputy clerk to act
as an administrator, executor, conservator or guardian, or to act as a
trustee by appointment (of any court of which he is clerk or deputy
clerk) or of the last will and testament of any person.
§ 2. Any person violating section 1 of this Act shall be guilty of
misdemeanor and shall be fined fifty dollars ($50) for the first offense
by any court having jurisdiction, and one hundred dollars ($100) for
the second offense, and if such violation is by a county or probate clerk
then he may also be removed from his office.
Approved June 8, 1909.
COUNTY AND PROBATE COURTS— TESTATE ESTATES.
§ 4. Sales effectual against heirs and
devisees — death of trustee —
successor.
§ 5. Fees of clerks of court.
§ 6. What Act does not repeal.
§ 1. Confers original jurisdiction over
testamentary trusts — chancery
powers of courts.
§ 2. Practice.
§ 3. Sale and distribution of real es-
tate— rules of procedure.
(House Bill No. 39. Approved June 14, 1909.)
An Act to extend the jurisdiction of prodate courts and county courts
having probate jurisdiction so as to include the complete administra-
tion of testate estates.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That original jurisdiction is here-
by conferred upon probate courts and county courts in counties where
no probate courts are now, or may hereafter be established according
to law to supervise and control all testamentary trusts created by orig-
inal wills of deceased persons proved and admitted to probate in such
court. The jurisdiction hereby conferred shall include the appointments
and removals of trustees, the issuing of letters of trusteeship to such
trustees, the fixing and approving of their bonds and the settlement of
their accounts; and in regard thereto said court shall have and exercise
full chancery powers.
§ 2. The practice in such matters of testamentary trusts in probate
or county courts as herein provided shall be as nearly as may be anala-
gous to that now existing in the probate and settlement of testate
estates. The court shall have power in a summary manner to require
the filing of accounts of testamentary trustees and to enforce all orders
in relation thereto by citation or attachment in the same manner as is
now provided by law in case of executors and administrators.
§ 3. The supervision and control of testamentary trusts vested by
this Act in probate courts and county courts in counties where no pro-
bate courts are now, or may hereafter be established according to law,
176 COURTS.
shall extend to and include the power in such courts to order the sale
of the real estate to which any testator had claim or title, or such part
thereof as may be necessary, for the payment of legacies or other
charges made thereon by the testator, and in cases where- the court shall
find it necessary or expedient for the complete execution of the will of
the testator and the equitable distribution of his estate in accordance
therewith, that such real estate or part thereof be sold. In the exercise
of this power such courts shall proceed, as near as may be, in conformity
with the procedure established by law for the sale of real estate to pay
debts in courts having probate jurisdiction.
§ 4. All such sales of real estate shall be made, and conveyances
executed for the same by the executor, administrator with the will
annexed, or testamentary trustee applying for such order, and shall be
valid and effectual against the heirs and devisees of such testator, and
all other persons claiming by, through or under him or them. In case
of the death of the executor, administrator with the will annexed, or
testamentary trustee applying for an order of sale before conveyance is
made, his successor shall proceed in the premises and make conveyance
in the same manner as if he had originally applied for such order,
which conveyance shall be good and valid.
§ 5. The clerks of probate and county courts having probate juris-
diction shall be entitled to take fees as are now, or hereafter may be
authorized by law for like service in the matter of the estates of de-
ceased persons, but no docket fee shall be charged against any estate
so held in trust where the original estate when probated was charged
and paid a docket fee as provided by law.
§ 6. Nothing in the Act contained shall be construed as repealing
any of the provisions of an Act entitled, "An Act concerning land titles,"
approved and in force May 1, 1897, nor any of the provisions of an Act
entitled, "An Act to amend section [s] seven (7) and eighteen (18) of
an Act entitled, "An Act concerning land titles, approved and in force
May 1, 1897," approved May 18, 1903, and in force July 1, 1903.
Approved June 14, 1909.
SUPREME COURT — MARSHAL.
§ 1. Amends section 11, Act of 1874. § 11. As amended, changes
"bailiff" to "mar-
shal."
(House Bill No. 249. Approved June 5, 1909.)
An Act to amend section eleven (11) of an Act entitled, "An Act to
revise the law in relation to the Supreme Court," approved Match
23, 1874, in force July 1, 1874; as amended by an Act approved
May 17, 1907, in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section (11) of an Act en-
titled, "An Act to revise the law in relation to the Supreme Court,"
COURTS — CRIMINAL CODE. 177
approved March 23, 1871, in force July 1, 1871; as amended by an
Act approved May 17, 1907, in force July 1, 1907, be and the same is,
hereby amended so as to read as follows :
§ 11. A marshal for the Supreme Court is hereby created, such mar-
shal to be selected by the Supreme Court, and the duties of such mar-
shal 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 marshal is hereby
fixed in the sum of $1,200 per year, payable 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 Su-
preme Court.
Approved June 5, 1909.
CEIMIXAL CODE.
ELECTRIC APPARATUS.
§ 1. Injury or destruction — penalty.
(Senate Bill No. 243. Approved June 5, 1909.)
An Act entitled, "An Act to punish persons for wilful injury to lines,
poles and other apparatus used in transmitting or carrying electric
current or messages."
Section 1. Be it enacted by the- People of the State of Illinois rep-
resented in the General Assembly: Whoever shall wilfully and mali-
ciously, by the throwing of stones, shooting at, or otherwise break, in-
jure, destroy, or partly break, injure or destroy, any line or lines, pole or
poles, electric insulator or insulators, or any other apparatus (used in
transmitting or carrying electric current or messages), belonging to any
other person or persons, corporation or corporations, or to the State, or
any county, city or municipal corporation, shall be fined not exceeding five
hundred dollars ($500.00), or confined in the county jail not exceeding
one year, or both, for each offense.
Approved June o, 1909.
FALSE PRETENSES — WRITTEN STATEMENTS.
§ 1. Amends section 97, Act of 1874. § 97. As amended, renders
officer of a corpora-
tion liable.
(House Bill No. 581. Approved June 8, 1909.)
An Act to amend section 97 of "An Act to revise the law in relation
to criminal jurisprudence" approved March 27, 187J/., in force July
1, 187^.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the. General. Assembly: That section 97 of an Act entitled,
—12 L
178 CRIMINAL CODE.
"An Act to revise the law in relation to criminal jurisprudence/' ap-
proved March 27, 1874, in force July 1, 1874, be and the same is
hereby amended to read as follows :
§ 97. Whoever, by any false representation in writing, signed by
him, of the respectability, wealth, mercantile correspondence or connec-
tions, or assets or liabilities of himself or of any firm of which he is a
member, or whoever, being an officer of a corporation, by any false rep-
resentation in writing, known by him to be false and signed by him,
of the respectability, wealth, mercantile correspondence or connections,
or the assets or liabilities, or any or all of them, of such corporation,
obtains credit for himself, for such firm or for such corporation, and
thereby defrauds any person of money, goods, chattels or any valuable
thing, or whoever procures another to make a false report in writing,
signed by the person making the same, of the honesty, wealth, mer-
cantile correspondence or connections, or assets or liabilities of him-
self, or of any firm of which he is a member, or whoever, being an
officer of a corporation, procures another to make a false report in
writing, known by him to be false, signed by the person making the
same, of the honesty, wealth, mercantile correspondence or connections,
or assets or liabilities of such corporation, and thus obtains credit for
himself, for such firm or for such corporation, and thereby defrauds
any person of any money, goods, chattels or other valuable thing, shall
be sentenced to return the money or property so fraudulently obtained,
if it can be done, and shall be fined not exceeding $2,000 and con-
fined in the county jail not exceeding one year.
Approved June 8, 1909.
LARCENY AND EMBEZZLEMENT OF FRATERNAL FUNDS, ETC.
§ 1. Who deemed guilty of larceny — § 2. Emergency,
indictment. I
(House Bill No. 37. Approved June 9, 1909.)
An Act concerning larceny and embezzlement of funds and property
of fraternal beneficiary societies, corporations and associations, and
their subordinate lodges, by officers thereof.
Section 1. Be it enacted by the People of the State of Illinois rep^-
resented in the General Assembly: That any person who is a member
and officer of any fraternal beneficiary society, corporation or associa-
tion, or subordinate lodge thereof, and as such member is a beneficial
owner of any part of any funds or property of any such beneficiary
society, corporation, association or subordinate lodge thereof, who shall
embezzle or fraudulently convert to his own use or take and secrete,
with intent so to do, without the consent of the beneficiary, society,
corporation, association or subordinate lodge thereof as the case may be,
any funds or property of such beneficiary society, corporation, associa-
tion or subordinate lodge thereof, which has come to his possession or
CRIMINAL CODE. 179
is under his care by virtue of such office, shall be deemed guilty of
larceny, the same as if he had not been or was not a member of such fra-
ternal beneficiary society, corporation, association or subordinate lodge
thereof, or one of the beneficial owners of such funds or property; and
it shall be sufficient in any indictment for embezzlement of funds or
property of any beneficiary society, corporation, association or subordin-
ate lodge thereof to allege the title to such funds or property to be in
the supreme lodge, grand lodge or subordinate lodge thereof, by the
name by which the same is commonly known; and it shall not be a
defense under such indictment that any officer has a personal interest in
the funds or property.
§ 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 June 9, 1909.
PANDERING — DETENTION OF FEMALES.
§ 1. Detention by debt or otherwise- of females in house of prostitution, etc. —
penalty.
(House Bill No. 632. Approved June 9, 1909.)
An Act to prevent the detention, by debt or otherwise, of female persons
in houses of prostitution or other places ivhere prostitution is prac-
ticed or allowed, and providing for the punishment thereof.
Section 1. Be it enacted by the People of the State of Illinois rep^-
resented in the General Assembly: That whoever shall by any means
keep, hold or detain against her will or restrain, any female person in a
house of prostitution or other place where prostitution is practiced or
allowed, or whoever shall, directly or indirectly, keep, hold, detain or re-
strain, or attempt to keep, hold, detain or restrain, in any house of pros-
titution or other place, where prostitution is practiced or allowed, any
female person, by any means, for the purpose of compelling such female
person, directly or indirectly, to pay, liquidate or cancel any debt, clues
or obligations incurred or said to have been incurred by such female
person, shall, upon conviction, for the first offense under this Act
be punished by imprisonment in the county jail or house of correction
for a period of not less than six months nor more than one year, and by
a fine of not less than three hundred dollars and not to exceed one thou-
sand dollars, and upon conviction for any subsequent offense under this
Act shall be punished by imprisonment in the penitentiary for a period
of not less than" one year nor more than five years.
Approved June 9, 1909.
180 CRIMINAL CODE.
PANDERING — REVISION.
§ i. Amends Act of 1908. I § 3. Evidence.
§ 1. Pandering- defined — pen- I § 4. Marriage.no defense,
alty.
§ 2. "What not a defense.
(House Bill No. 631. Approved June 12, 1909.)
An Act to amend an Act entitled, "An Act in relation to pandering,
to define and prohibit the same, to provide for the punishment there-
of, for the competency of certain evidence at the trial therefor, and
providing what shall be a defense/' approved June 1, 1908, in force
July 1, 1908, and also the title of said Act.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That an Act entitled, "An Act in
relation to pandering: To define and prohibit the same, to provide for
the punishment thereof, for the competency of certain evidence at the
trial therefor, and providing what shall be a defense," approved June
1, 1908, in force July 1, 1908, including the title of said Act, be
amended so as to react as follows :
§ [1.] 2. Any person who shall procure a female inmate for a house
of prostitution or who, by promises, threats, violence or by any device
or scheme, shall cause, induce, persuade or encourage a female person
to become an inmate of a house of prostitution, or shall procure a
place as inmate in a house of prostitution for a female person, or any
person who shall, by promises, threats, violence or by any device or
scheme, cause, induce, persuade or encourage an inmate of a house of
prostitution to remain therein as such inmate, or any person who shall,,
by fraud or artifice, or by duress of person or goods, or by abuse of any
position of confidence or authority, procure any female person to be-
come an inmate of a house of ill fame, or to enter any place in which
prostitution is encouraged or allowed within this State, or to come into
this State or leave this State for the ourpose of prostitution, or who
shall procure any female person who has not previously practiced pros-
titution to become an inmate of a house of ill fame within this State, or
to come into this State or leave this State for the purpose of prostitu-
tion, or who shall receive or give, or agree to receive or give, any money
or thing of value for procuring, or attempting to procure, any female
person to become an inmate of a house of ill fame within this State, or
to come into this State or leave this State for the purpose of prostitu-
tion, shall be guilty of pandering, and upon a first conviction for an of-
fense under this Act shall be punished by imprisonment in the county
jail or house of correction for a period of not less than six months nor
more than one year and by a fine of not less than three hundred dollars
and not to exceed one thousand dollars, and upon conviction for any
subsequent offense under this Act shall be punished by imprisonment in
the penitentiary for a period of not less than one year nor more than
ten years.
CRIMINAL CODE. 181
§ 2. It shall not be a defense to a prosecution for any of the Acts
prohibited in the foregoing section that any part of such Act or Acts
shall have been committed outside this State, and the offense shall in
such case be deemed and alleged to have been committed and the offender
tried and punished in any county in which the prostitution was in-
tended to "be practiced, or in which the offense was consummated, or any
overt acts in furtherance of the offense shall have been committed.
§ 3. Any such female person referred to in the foregoing section
.shall be a competent witness in any prosecution under this Act to testify
for or against the accused as to any transaction or as to any conversation
with the accused or by him with another person or persons in her pres-
ence, notwithstanding her having married the accused before or after
the violation of any of the provisions of this Act, whether called as a
witness during the existence of the marriage or after its dissolution.
§ 4. The act or state of marriage shall not be a defense to any vio-
lation of this Act.
Approved June 12, 1909.
POLICE POWERS OF CONDUCTORS AND CAPTAINS.
i§ 1. Amends section 2, Act of 1877. § 2. As amended, conductor,
I etc., may wear badge.
(House Bill No. 33. Approved June 9, 1909.)
An Act to amend section 2 of an Act entitled, "An Act for the protec-
tion of passengers on railroads and steamboats," approved May llf,
1877, in force July 1, 1877 ; title as amended by Act approved May
29, 1879, in force July 1, 1879.
Section 1. Be it enacted bit the People of the State of Illinois rep-
resented in the General Assembly: That section 2 of an Act entitled,
"An Act for the protection of passengers on railroads and steamboats,"
approved May 14, 1877, in force July 1, 1877 ; title as amended by Act
approved May 29, 1879, in force July 1, 1879, be and the same is here-
by amended so. as to read as follows :
- § 2. That the conductors of all railroad trains and captain or master
-of any steamboat carrying passengers, within the jurisdiction of this
State, shall be vested with police powers while on duty on their respec-
tive trains and boats, and may wear an appropriate badge indicative
of such authority.
Approved June 9, 1909.
182
DRAINAGE.
DEAINAGE.
DRAINS, DITCHES AND LEVEES— REVISION.
§ 1. Amends sections 5, 9, 13, 15, 16,
17, 17%, 18, 26%, 37, 42, 55
and 59 ; repeals sections 19,
20, 21 and 22 ; and adds sec-
tions 5a, 17a and 17b, Act of
1879.
§ 5. Hearing — finding of
court — commission-
ers.
§ 5a. Proceedings since May
20, 1907 declared
valid.
§ 9. Commissioners to ex-
amine land — report.
§ 13. Filing report — hearing
— confirmation.
§ 15. Referring report — ad-
journment.
§ 16. Order of confirmation
— appeals — validity.
§ 17. Right-of-way — commis-
sioners' roll of assess-
ments.
§ 17a. Filing of roll — hearing
before jury.
(Senate Bill No. 338.
§ 17b. Organization of jury —
examination of lands
— verdict = — confirma-
tion.
§ 17%. Assessment for repairs,
§ 18. Assessment of benefits.
§ 26%. Annual amount of bene-
fits— when payable —
borrowing money —
interest.
§ 37. Suits, money used un-
der direction of court
■ — ■ additional assess-
ments.
§ 42. Pay of commissioners
and clerk.
§ 55. Corporate authorities
assessed for benefits
and damages.
§ 59. Constructing additional
ditches^-proceedings.
§ 2. Repeals sections 19, 20, 21, 22
— rights saved.
§ 3. Emergency.
Approved Mat 29, 1909.)
An Act to amend sections five (5), nine (9), thirteen (13), fifteen (15),
sixteen (16), seventeen (17), seventeen and one-half (IT^fe), eighteen
(18), twenty-six and one-half (26y%) > thirty-seven (SI), forty-two
(42), fifty-five (55) and fifty-nine (59), and to repeal sections (19),
twenty ~( 20), twenty-one (21) and twenty-two (22) , and to add three
new sections, to be known as sections five A (5a) , seventeen A (17a)
and seventeen B (17b) respectively, to 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 provide for the organization of drainage
districts" approved and in force May 29, 1879; as amended by an
Act approved June SO, 1885, in force July 1, 1885; as amended by
an Act approved June 4, 1889, in force July 1, 1889; as amended by
an Act approved June 24-, 1895, in force July 1, 1895; as amended
by an Act approved May 10, 1901, in force July 1, 1901; as amended
by an Act approved May 14, 1903, in force July 1, 1903; as amended
' by an Act approved and in force May 20, 1907.
Section 1.. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That sections five (5), nine (9)r
thirteen (13), fifteen (15), sixteen (16), seventeen (17), seventeen
and one-half (17%), eighteen (18), twenty-six and one-half (26%),.
thirty-seven (37), forty-two (42), fifty-five (55) and fifty-nine (59)
DRAINAGE. 183
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 provide for the
organization of drainage districts/' approved and in force May 29, 1879 ;
as amended by an Act 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 an Act approved June 24, 1895, in force July 1, 1895; as
amended by an Act approved May 10, 1901, in force July 1, 1901 ; as
amended by an Act approved May 14, 1903, in force July 1, 1903 ; as
amended by an Act approved and in force May 20, 1907, be and the
same are hereby amended, and by adding thereto three additional sec-
tions, to be known as sections five A (5a), seventeen A (17a) and seven-
teen B (17b) respectively, and which shall read as follows:
§ 5. On the hearing of any petition filed under the provisions of
this chapter, all parties through or upon whose land any of the proposed
work may be constructed, or whose lands may be damaged or benefited
thereby, may appear and contest the necessity or utility of the proposed
work, or any part thereof, and the contestants and petitioners may offer
any competent evidence in regard thereto. It shall be the duty of the
court to hear and determine whether or not the said petition contains
the. signatures of a majority of the owners of lands within said proposed
district who are of lawful age, and who represent one-third in area of
the lands proposed to be affected" by such work, or that the said petition
is signed by one-third (%) of the owners of lands in said proposed dis-
trict who have arrived at lawful age and who represent a major portion
in area of the lands proposed to be reclaimed or benefited, and the affi-
davit of any three (3) or more of the signers of said petition, that
they have examined said petition and are acquainted with the locality of
said district, and that the said petition is signed by a majority of such
owners, who are of lawful age, who represent at least one-third in area of
the lands proposed to be affected by such work, or that said petition is
signed by one-third (%) of the owners of lands in said proposed dis-
trict who have arrived at lawful age and who represent a major portion
in area of the lands proposed to be reclaimed or benefited, may be taken
by the court as prima facie evidence of the facts stated therein; or the
oath or affirmation before said court, or the affidavit of any person, prop-
erly taken and certified by any person or court authorized to take ac-
knowledgments of deeds to real estate, in this State, giving the age of
such party, and his or her ownership of lands, to be named in such
oath, affirmation or affidavit, by proper description, shall be sufficient
evidence to the court of such facts : Provided, that all deeds made for
the purpose of establishing or defeating the prayer of said petition, not
made in good faith and for a valuable consideration, shall be taken and
held to be in fraud of the provisions of this Act, and the holders thereof
shall not be considered as owners thereof. If the court, after hearing
any and all competent evidence, that may be offered before it for and
against the said petition, shall find the same has not been signed as
hereinbefore required, the said petition shall be dismissed at the cost of
£
184 DRAINAGE.
the petitioners; but if the court shall find that the petition has been
signed, as heretofore provided, the court shall so find, and such find-
- ing shall be conclusive upon the land owners of such district that they
have assented to and accepted the provisions of this Act ; and if it shall
further annear to the court that the uroposed drain or drains, ditch or
ditches, levee or other works, is or are necessary or will be useful for
the drainage of the lands proposed to be drained therebv, for agricul-
tural, sanitary or mining purposes, the court- shall so find, and appoint
three (3) competent persons as commissioners, each of whom shall hold
his office until his successor is appointed, as hereinafter provided, to lay
out and construct such proposed work. In case the lands to be drained
or levied shall be situated in different counties, not more than two (2 }
of the commissioners shall be chosen from any one of such counties.
If the court shall find against the petitioners, the petition shall be dis-
missed at the cost of the petitioners.
§ 5a. In any case, or cases, wherein any petition has been filed, or
proceedings been had, for the organization of a drainage and levee dis-
trict since the 20th day of May, A. D., 1907, wherein the petition was
signed by one-third, only, of the owners of lands to be affected, who
had arrived at lawful age, and. who represented a major portion of the
lands to be affected, and the court in which such proceedings were had
so found and proceeded to appoint commissioners, the proceedings so
had and orders thereupon made, if the same be in other respects valid
and sufficient, shall be deemed, held and esteemed to all intents valid
and sufficient as though this Act had been at the time and times, respec-
tively, in full force and effect.
§ 9. Immediately after their appointment the commissioners shall
-examine all the land proposed to be drained or protected and the lands
over or upon which the work is proposed to be constructed, and deter-
mine :
First — If drainage and levee work is proposed in the petition, whether
the starting point, route and terminus of the proposed work and the pro-
posed location thereof is or are in all respects proper and feasible; and
if not, what is or are so.
Second — The probable cost of the work mentioned in the petition,
including all incidental expenses, and the cost of the proceedings there-
for.
Third — The probable annual cost of keeping the same in repair after
the work is completed.
Fourth — What lands will be injured by the proposed work, and the
probable aggregate amount of all damages such lands will sustain by
reason of the laying out and construction of such work.
Fifth — What lands will be benefited by the construction of the pro-
posed work, and whether the aggregate amount of benefits will equal
or exceed the cost of constructing such work, including all incidental
expenses, costs of jDroceedings and damages.
DRAINAGE. 185
Sixth — Whether the proposed district, as set out in the petition filed,
will embrace all the lands that may be damaged or benefited by the pro-
posed work; and if not, to report what additional lands will be so Af-
fected.
Seventh- — In case the prayer of the petition is for the purpose of re-
]3airing and maintaining a levee or levees, ditch or ditches, heretofore
constructed under any law of this State, it shall be the duty of the com-
missioners to examine the said levee or levees, ditch or ditches, and the
lands intended to be reclaimed thereby, and to report to the court —
First — Whether, in their opinion, said levee or levees, ditch or ditches,
can with proper repairs be made sufficient to protect permanently said
lands from overflow from high water, or to drain the same.
Second — The probable annual expense of keeping the same in such
repair.
Third — What lands will be benefited thereby, and the probable ag-
gregate amount of such benefits.
Fourth— Whether the aggregate annual amount of benefits will equal
or exceed the annual costs of such repairs, including all incidental ex-
pense and costs of proceeding; and,
Fifth— Whether the proposed district will embrace- all the lands that
may be benefited by the maintenance of such levee or ditch, or com-
bined system of drainage; and if not, to report what additional lands
will be so affected, giving a description and the names of the owners
thereof, which report shall be filed with the clerk of said court,
§ 13. After the appointment of the commissioners, as provided for
in section nine (9) of this Act, the cause shall be continued by the
court to a day for the filing of their report, and in the event said com-
missioners are not ready to report on the day fixed, they may appear
before the court and obtain a continuance or continuances until said
report, is ready to be filed, but such continuance or continuances shall in
such instance be to a day certain, and all persons interested shall take
notice of any such continuance or continuances. Upon said report be-
ing filed with the clerk of the court annointing such commissioners, the
court shall fix a day not less than ten days nor more than four weeks
from the filing thereof, for the hearing thereon: Provided, that in case
the commissioners shall recommend that additional lands be embraced
in the proposed district, the owner or owners of such lands shall be
given notice by the commissioners, in the manner and for the time pro-
vided by section three (3) of this Act, of the hearing on said report,
At the time of the hearing all persons may appear and contest the con-
firmation of said report 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 there-
of; and the said report of said commissioners shall be prima facie evi-
dence of the facts therein set forth.
§ 15. If the report be referred back to the commissioners for amend-
ment, the court shall fix a clay when the commissioners shall again
present their report, in which case the hearing shall stand adjourned
to that clay, and no further notice shall be required thereof.
186 DRAINAGE.
§ 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, 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 ap-
pointed by this court to examine the lands proposed to be drained or
protected and the lands over which the work is proposed to be con-
structed (if additional lands are recommended by the commissioners to
be brought into the proposed district, insert here the giving of notice
to the owners of such land, as required in section thirteen (13) of this
Act), and said report having been set down for hearing in the manner
required by law, and the court having duly examined said report and
having heard evidence concerning the same, and considered all objec-
tions to the same, it is ordered by the court that the report of said com-
missioners (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 clone will be useful
for agriculture, sanitary or mining purposes to the owners of land with-
in said proposed district; and the court also finds that the persons who
have signed said petition are of lawful, age and are a majority of the
adult land owners, representing one-third in area (or one-third of the
adult 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 the 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
jDerpetual succession, and may adopt and use the corporate seal; and the
commissioners appointed as aforesaid and their successors in office shall,
from the entry of such order of confirmation, constitute the corporate
authorities of such drainage district, and shall exercise the functions
conferred upon them by law.
Said order shall be final, and separate or joint appeals and writs of
error may be taken to the Supreme Court by the parties affected thereby :
Provided, the granting of an appeal or writ of error to one or more
persons, or the reversal of said order upon such appeal or writ of error
by such person or persons separately or jointly shall not impair nor in-
validate said organization as to all other persons not appealing nor suing
out such writs, nor shall such appeal or writ of error delay the work
DRAINAGE. 187
or proceedings so far as it affects the lands of such other persons. Nor
shall it be a valid ground of objection on the part of any land owner
upon said hearing, or upon an appeal from said order, or upon any-
writ of error attacking the said order, that any owner of other land
has not received sufficient notice of the said proceedings, or that the
said order is invalid as to the said owner of other lands; but such other
owners and lands may be thereafter brought into and included in the
said district, and assessed therein imder the provisions of sections fifty-
eight (58), sixty (60) and sixty-one (61) of this Act, when such other
lands should properly be included in said district.
§ 17. After the order provided for in the foregoing section shall
have been signed, the commissioners shall proceed to acquire the right
of way and releases of damages for the construction of the proposed
work, by agreement with the land owners so far as they may be able
to agree with said land owners, and to 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, if benefits are assessed against the same, the amount of benefits
against each tract, and if damages are allowed to, the amount of the
same against each tract; they shall also include therein all railroads,
public highways and municipal corporations to be affected by the pro-
posed work, and the amount of benefits assessed against, and damages,
if any, accruing to the track and right of way of said railways and pub-
lic highways and roads, and the streets and alleys of such municipal
corporations; and they shall also, in cases where- the district is not or-
ganized for a combined system of drainage independent of levees, make
an assessment of the "annual amount" of benefits which each tract will
sustain by keeping said levees, ditches or other work in repair, all of
which shall be known as the "Commissioners' roll of assessments "of
benefits and damages."
§ 17a. Upon the filing of the "Commissioners' roll of assessments
of benefits and damages," with the clerk of the court, the commission-
ers shall give ten days notice in the manner provided by section three
(3) of this Act, of the time and place when and where they will ap-
pear before the same court in which the petition was filed for the pur-
pose of having a jury impaneled in accordance with the provisions of
section six (6) of an Act entitled, "An Act to provide for the exercise
of the right of eminent domain," approved April 10, 1872, in force
July 1, 1872, and for the hearing before said jury, upon all questions
of benefits and damages, to any of the land in said district.
Upon the hearing, the commissioners and all persons interested in the
lands to be affected, shall have the same right of challenge of jurors as in
other civil cases in the county courts of this State. When said jury is
selected they shall be sworn to faithfully and impartially perform the
duties required of them to the best of their understanding and judgment,
and to make their assessments of benefits or of damages, or damages and
188 DRAINAGE.
benefits, as the ease may be, according to law ; and thereupon said com-
missioners, on behalf of said district, shall present and tile as their
claim against the several land owners and tracts of land, the assest*-
ment roll provided for in section seventeen (17) of this Act, which
shall make out a prima facie case for the commissioners, and all par-
ties to said proceedings shall be permitted to present to said jury their
case in person or by counsel, and offer any competent evidence as to
the amount of benefits which any land in said district will receive by
reason of said proposed work, or as to the damages to land taken or
damaged thereby over which the right Of way has not been obtained, and
after such evidence shall be presented and argument of counsel heard,
the court shall instruct them as to the law and form of their verdict.
§ 17b. And thereupon said jury shall proceed to elect a foreman
and a clerk from said jury, and in charge of such foreman shall pro-
ceed to. examine the lands, railroads, streets, alleys and public high-
ways to be affected by the proposed work, and ascertain, to the best of
their ability and judgment, the benefits which will accrue to the lands,
railroads, streets, alleys and public highways, to be affected by the said
proposed work, and the damages to the lands taken or damaged thereby,
over which the right of way for the construction of the said proposed
work had not been obtained, and the "annual amount" of benefits
which each tract will sustain by keeping said levees, ditches or other
work in rejDair (in cases where the district is not organized for a com-
bined system of drainage independent of levees), and said jury shall
make out their verdict in which shall be set down in proper columns
the names of the owners, when known, a description of the premises
to be affected, in words or figures, or both, as shall be most convenient,
the number of acres in each tract and the amount of benefits assessed,
if any, and the amount of damages allowed, if any, against each tract,
railroad, public highway, or municipal corporation ; also, when re-
quired by this Act, the amount of "annual benefits," if any, which each
tract will sustain by keeping said levees, ditches or other work in repair,
and in finding such verdict they shall take into consideration their view
of the premises as evidence and consider it with the other testimony
offered in the case and allowed by the court, which verdict when so com-
pleted, shall produce the total sum of the estimated cost of the pro-
posed work and the proceedings incident to the same, together with the
annual amount of benefits which the lands will sustain by keeping said
levees, ditches or other work in repair, where required by this Act,
and the amount of damages allowed, and said verdict shall then be
signed by the jury and filed in the court, and shall be taken and held
to be the verdict of the jury upon all questions of benefits and dam-
ages, arising in the proceedings; and thereupon the court shall con-
firm said verdict and enter up judgment upon said verdict, and cause
the same to be spread upon the records and such judgment and verdict
shall be a lien upon such lands after said judgment, until paid. Ap-
peals and writs of error shall be allowed therefrom as in cases of. ap-
DRAINAGE. 189
peals or writs of error to county courts in proceedings for the sale of
lands for taxes or special assessments: Provided, that the granting of
an appeal in any one or more cases, of one or more persons shall not
operate to defer the collection of the judgment in other cases, but the
collection in other cases shall proceed as if no appeal had been taken.
When said appeals are decided, if the judgment of said county court
shall be affirmed, or upon said case being remanded for a new trial, if
judgment shall be in favor of said district, the county court shall order
the judgment so rendered to be made a part of said judgment not ap-
pealed from, and the same shall be collected as if no appeal had been
taken.
The court shall continue said cause to a day certain for the report of
the verdict of said jury, and if said jury are not ready to file their
verdict on the day fixed, said cause may be continued from time to
time until they have completed their verdict, and have returned same
to the court, and all persons interested shall take notice of the time of
filing and making said report by the jury.
The court may cause to be prepared and submit to said jury a form
for their said verdict including names of the owners and descriptions of
the tracts to be affected, including the railroads, public highways and
municipal corporations, with blanks for the said jury to fill with the
amounts of benefits and damages as they shall find, and when com-
pleted the same may be placed in form by the court in the presence of
said jury, or the said jury may be recalled at any time after being dis-
charged to correct any errors or omissions therein.
§ 17^/2. 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 : Provided, that should said district erect and maintain one
or more pumping plants, an assessment of annual benefits may be made
as provided in section one (1) of an Act entitled, "An Act to provide
for the erection, maintenance and operation of pumping plants in cer-
tain drainage and levee districts and to legalize and validate former
proceedings, bond issues, indebtedness and expenditures in regard there-
to, on account of, or with a view to the erection, maintenance and opera-
tion of. such pumping plants," approved and -in force May 13, 1905, as
amended by an Act approved May 20, 1907, in force July 1, 1907.
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 of benefits to
repair and keep in repair said levee or ditch the commissioners shall
cause to be made an assessment of benefits which said lands will sustain
by repairing said levee or ditches, and also the "annual amounts" of
benefits which said lands will sustain by keeping said levee or ditch in
repair thereafter; and such assessment of benefits shall be made in the
manner provided by sections seventeen (17), seventeen a (17a), and
190 DRAINAGE.
seventeen b (17b) of this Act; and in such case no other or different
assessment shall be made, 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 assessments of benefits to repair said levees,
ditches or drains heretofore constructed under any law of this State are
insufficient to complete the ditches, 'drains or levees embraced in the
proceedings, the ''annual amount of benefits" assessed to keep said
levee or ditch in repair, making all necessary repairs for any year, may
be applied to complete the ditches, drains or levees, embraced in the
proceedings, and to raising, strengthening 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 inunda-
tion and overflow, and in paying interest on any other notes or bonds
issued under this Act.
§ 18. In making such assessment, the jury shall award and assess
the damages and benefits in favor of and against each tract separately,
in the proportion in which such tract of land will be damaged or bene-
fited, 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 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 jury, and when directed, by the commissioners, or the
court impaneling a jury for making any additional assessment of dam-
ages and benefits, or benefits, or for the purpose of making assessments
in favor of, or against any one or more tracts, as the case may be, in
any district, such jury may consider any prior assessment or assess-
ments, against any lands, which are void and unpaid, by reason of some
omission, clerical error, mistake, or for want of proper notice to the
owner thereof, or on account of other irregularity of proceedings not
affecting the merits of such prior assessments, and may include the
same or any part thereof with such other assessments.
§ 26:(/2. In case where a levee or ditch has been heretofore built un-
der any law of this State, or may hereafter be built under the provisions
of this Act, the annual amount of benefits for keeping the same in re-
pair shall be due and payable on the 1st fay of September annually, and
shall be a lien on the lands upon which said assessments are made, from
and after the confirmation of the report. The court in which such pro-
ceedings are had shall require from said commissioners a report of the
condition of the levee or ditch, at its July term of each year, together
with their estimate of the amount necessary to keep the levee or ditch
in repair, pay all incidental and necessary expenses for the ensuing
year, and the amount necessary to complete the ditches, drains or levees
embraced in the proceedings, and to raise, strengthen or protect said
ditches, drains or levees when completed, and in constructing additional
ditches, drains or levees when required to protect the lands embraced*
DRAINAGE. 191
in the drainage and levee districts organized under this Act, from inun-
dation and overflow; and if the court shall find that a less amount will
be required for such ensuing year than the whole amount of the assess-
ment for that year, then the court shall by an order fix the amount to
be paid for such year, and only that amount shall be collected, and the
excess of such assessment over and above the amount so fixed by said
order for said year shall be remitted by law, and shall not thereafter
be collected: Provided, that the amount to be collected under the order
of said court shall not-, in the aggregate, amount in any one year, to a
sum greater than would be produced by a levy of thirty cents per acre
on all the lands within said district; except as provided by an Act en-
titled, "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 issues, indebtedness and expendi-
tures in regard to, on account of, or with a view to the erection, main-
tenance and operation of such pumping plants," approved and in force
May 13, 1905, as amended by an Act approved May 20, 1907, in force
July 1, 1907 : Provided, further, that in all cases where the ditches,
drains or levees constructed or repaired under this Act. are in clanger of
being impaired, injured, broken or destroyed by overflow or otherwise,
and a part of the annual amount of benefits for protection and keeping
the same in repair for the year in which said ditches, drains or levees
are so threatened has been remitted by order of the court as herein pro-
vided, or when the annual amount of benefits for protecting and keeping
the same in repair for any year is insufficient, the commissioners of
drainage and levee districts, organized under this Act, may borrow
money on the annual amount of benefits becoming due the 'first day of
September, following the time when said ditches, drains or levees are so
threatened, to the extent of two-thirds of said annual amount of benefits
and may secure the same by the notes or bonds of the drainage and
levee districts bearing interest at the rate of six per cent per annum,
and not running beyond one year from the date of issue, which notes
or bonds shall not be held to make the commissioners personally liable
for the money borrowed, but shall constitute a lien upon the annual
amount of benefits falling due thereafter for the repayment of the
principal and interest thereof : Provided, that the report of the com-
missioners as to the condition of the levee or ditch and their estimate
of the amount necessary to keep the levee or ditch in repair, pay all inci-
dental and necessary expenses for the ensuing year, and the amount
necessary to complete the ditches, drains or levees, embraced in the pro-
ceedings, and to raise, strengthen or protect said ditches, drains or levees
when completed, and in constructing additional ditches, drains or levees,
when required to protect the lands embraced in the drainage districts,
when the proceeding is before a justice of the peace, shall be made on
the first Monday in July, in each year. But this section shall not apply
to districts organized for the purpose of establishing a combined sys-
tem of drainage independent of levees.
192 DRAINAGE.
§ 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 this
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:
Provided, that the commissioners shall use such money under the direc-
tion 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 main-
tenance or repair, or when it shall become necessary for the construc-
tion of additional work, or the completion of any work already com-
menced within any drainage district to insure the protection or drain-
age of the lands in said district, under the direction and order of the
court, or to pay obligations incurred for the current expenses of said
district or in the keeping in repair and protection of the work of such
district, on a petition of a majority of the land owners within said dis-
trict 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 expended, 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 three (3) of this Act having been given. Upon
the hearing of such, petition the court may grant the prayer of the
same, and cause the jury to be impaneled to make said assessment 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 addi-
tional assessment or assessments, when made, shall have the same force
and effect and be collected in the same manner as original assessments'.
§ 42. The commissioners shall hold all their meetings for the
transaction of business at any place in the county or counties in which
said district is located, and shall receive for their services the sum of
three dollars per day, and their necessary traveling expenses for each
day they shall be actually engaged in the business of their office : Pro^-
vided, that in districts having an area of more than seventy-five thou-
sand acres the commissioners shall receive four dollars per day for each
day actually engaged in their official duties, together with their neces-
sary traveling expenses. The commissioners shall present an itemized
account, under oath, to the county court, of the amounts due them
respectively, which amounts shall be audited at least once a year by said
DRAINAGE. 193
county court, and certified by said court to their treasurer, to be paid
by him on said certificate. But such itemized account or accounts shall
be subject to the approval of the court as provided by section forty-one
(41) of this Act. The clerk of the county court shall receive for his
services hereunder, such fees as are allowed by law for similar services
in said county court.
§ 55. When a ditch, drain or levee, or other work established or re-
paired, or a combined system of drainage is located by the report of the
commissioners, confirmed by the court or justice of the peace under this
Act, drains or levees or projDOses to drain or levee, either in whole or in
part, any public or corporate road or railroad, or the streets and alleys
of any municipal corporation, so as to benefit any of such roads, so
that the roadbed or traveled tract or other property of such road will
be improved by the construction of such ditch, drain or levee, the com-
missioners shall apportion to the county, State, or free turnpike road,
to the township, if a township road, to the company, if a corporate road
or railroad, or to the municipal corporation in the case of streets and
alleys, such proportion of the cost and expenses thereof as to private
individuals, ■ and shall include such apportionment in said "commis-
sioners' roll of assessments of benefits and damages," and give to the
corporate authorities so benefited, or, in case they are damaged, to the
said corporate authorities so damaged, or benefited and damaged, as
the case may be, the same notice and at the same time as shall be given
to private individuals ; and the matter of the amount of such assessments
of benefits and damages if not agreed upon, shall be submitted to a trial
by the same jury in the same manner as the benefits and damages to
accrue to private individuals; and the said jury shall view and examine
such road, railroad, streets and alleys, and shall proceed to assess the
damages and benefits in like manner as to the lands of individuals, and
no other or different notice shall be required to be given: Provided,
that when the commissioners and the corporate authorities of the
county, State or free turnpike, township road, corporate road, or railroad,
or municipal corporation, or any of them agree as to the amount that they
or any of them should contribute, that the amount so agreed on shall
be reported to the said jury when they meet to correct their assessment
roll, and the amount so agreed upon shall be incorporated into said
assessment roll when amended by said jury or commissioners: And,
provided, further, that the amount so assessed against any railroad com-
pany or private corporation shall, upon the confirmation of the assess-
ment roll by the county court, become a lien upon the real property
of such railroad company or private corporation, and have the same
force and effect as a judgment at law in favor of such district against
such railroad company or private corporation, and execution may issue
thereon as upon judgments in courts of record in other cases, and shall
have a like lien upon personal estate. In case such assessment is made
against any township in this State the commissioners of highways of
—13 L
194: DRAINAGE.
such town shall cause the same to be levied and paid to said district in
the manner provided by sections 13., 11, 15 and 16 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, or in such manner as may now or hereafter
be provided by law: And, provided, further, that the sum assessed
against either of said corporations shall not include the expenses of con-
structing, erecting or repairing any bridge, embankment or grade, cul-
vert or Other work of the roads of such corporations, crossing any ditch
or drain, constructed on the line of any natural depression, channel or
watercourse; but the corporate authorities of such road or railroad
are hereby required, at their own expense, to construct such bridge,
culvert or other work, or to replace any bridge or culvert temporarily
removed by the commissioners in doing the work of such district. Full
power and authority is hereby given the drainage commissioners to re-
move such bridges or culverts for the purposes aforesaid, if they, in
their judgment. find it necessary.
§ 59. If, after an assessment of lands throughout the district has
been made, for the purpose of constructing drains, or ditches, or enlarg-
ing or repairing the main drains or ditches of said district, according
to the profiles, plats and specifications of the commissioners, as re-
ported and confirmed, there remain lands in particular localities in
said district, which are in need of more minute and complete drainage,
and it shall appear to the commissioners, on application of some owner
or owners of land in the district, that in their judgment additional
ditches, drains, outlets or other work are needed, in order to afford more
complete drainage, and in all cases where upon written application to
the commissioners, signed by a majority in number of the adult land
owners in such locality owning in the aggregate more than one-third
of the land affected, or by the adult land owners of a major part of
the land in such locality who constitute one-third or more of the owners
of the land affected, it shall appear that additional ditches, drains,
outlets or other work are necessary in order to afford more complete
drainage to such locality, it shall be the duty of such commissioners to
examine such lands, and lay off and make plans, profiles and specifica-
tions of such additional work, and an estimate of the costs of the same
and make a special report thereof, which special report shall describe
all of the lands which will be either benefited or damaged by such addi-
tional work, together with the names of the owners, when known ; such
report being filed with the clerk of the county court, the commissioners
shall give to all persons Avhose lands will be either benefited or dam-
aged, whether they signed an application for additional work or not.
three weeks notice of the filing and hearing of such report in the man-
ner required by section three (3) of this Act; said notice shall state that
the commissioners will appear before the county court at a day men-
tioned in said notice, and ask said court for a confirmation of such
DRAINAGE. 195
special report; and upon said hearing the court shall pass upon the
sufficiency of the application, together with all other matters contained
in said report, • and upon confirmation thereof by the court, a special
assessment of benefits and damages shall be made upon all of the lands
benefited or damaged by the proposed work, in the manner provided for
the making of original assessments of benefits and damages by this
Act; and like proceedings shall be had therein as in other cases of assess-
ment of benefits and damages, provided by this Act.
The affidavit of any of the commissioners, or any other creditable
person, of the posting and mailing thereof affixed to a copy of said
notice shall be sufficient evidence of the posting and mailing of said
notices, and the certificate of the publisher of the newspaper in which
the said notice was published, shall be sufficient evidence of the publica-
tion of such notice.
Upon confirmation of said special report by the court, it shall be the
duty of the court to declare all the lands found to be affected by the
work proposed by said special report, to be organized into a sub-district,
and all assessments received and collected in such sub-district, for the
work of such sub-district, shall be kept as a separate fund belonging to
such sub-district, and said commissioners shall have the power if neces-
sary to issue bonds against any assessment or assessments in said sub-
district in the same manner as bonds are issued in original districts.
Any lands lying outside of any sub-district as organized, the owner
or owners of which shall thereafter make connection with any ditch or
drain within any sub-district, or whose lands are or will be benefited
by the work of such sub-district, shall be deemed to have made volun-
tary application to be included in such sub-district, and thereupon the
commissioners shall make complaint as provided in section fifty-eight
(58) of this Act as to lands lying outside of a drainage district as or-
ganized, and like proceedings shall be had thereon as in cases of com-
plaints made under said section fifty-eight (58).
§ 2. And be it further enacted that sections nineteen (19), twenty
(20), twenty-one (21), and twenty-two (22), of the said Act of which
this is an amendment, be and the same are hereby repealed; saving
and reserving, however, any rights that may have heretofore accrued
thereunder.
§•3. Whereas., Owing to the uncertain and unsettled condition of
the laws of this State, on the subject of assessing benefits and damages,
either by jury or b}^ the commissioners, an emergency exists, therefore
this Act shall be in force from and after its passage.
Approved May 29, 1909.
196 DRAINAGE.
SANITARY DISTRICTS — LIMITATION OF INDEBTEDNESS.
§ 1. Amends section 9, Act of 18S9. I §, 9. Aggregate indebtedness
limited to three per
cent.
(House Bill No. 600. Approved June 14, 1909.)
An Act to amend section 9 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, as amended by an Act approved
May 25, 1907, in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 9 of an Act entitled,.
"An Act to create sanitary districts and 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 aporoved May 10, 1901, in force July 1,
1901, as amended by an Act approved Mav 11, 1905, in force July 1,
1905, as amended by an Act approved May 25, 1907, in force July 1,
1907, be amended so as to read as hereinafter set forth:
§ 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 three (3)
per centum of the valuation of taxable property therein, to be ascertained
by the last assessment for State and county taxes previous to incurring
of such indebtedness.
Approved June 14, 1909.
SANITARY DISTRICTS IN CERTAIN LOCALITIES— ELECTIONS LEGALIZED.
§ 1. Organization of certain districts § 3. Emergency.
legalized. !
§ 2. Election of certain trustees legal-
ized.
(House Bill No. 215. Approved Mat 7, 1909.)
An Act to legalize the organization of sanitary districts, and the elec-
tion of trustees held within and for the same, where such districts have
been organized in pursuance of "AfL Act to cr-eate sanitary districts in
certain localities and to drain and protect the same from overflow for
sanitary purposes" approved May 17, 1907, in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That whenever in any territory an
election has been held to organize and incorporate such territory as a
sanitary district under and by virtue of an Act of the General Assembly
of the State of Illinois entitled, "An Act to create sanitary districts
in certain localities and to drain and protect the same from overflow
for sanitary purposes," approved May 17, 1907, in force July 1, 1907,.
DRAINAGE. 197
and where a part of the territory comprising said proposed district at
the time of said election was situated within the corporate limits of a
city, village or incorporated town in this State which ' had theretof ore
adopted the provisions of an Act of the General Assembly of the State
of Illinois entitled, "An Act to amend an Act entitled, 'An Act regulat-
ing the holding of elections and declaring the result thereof in cities,
villages and incorporated towns in this State/ approved 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 31, 1899,
in force July 1, 1899, known as the "City Election Law;" and when the
proceedings and election for the organization of such sanitary district
have been held under the direction, supervision and orders of the county
judge of the county wherein such city, village or incorporated town is
located and commissioners appointed by such county judge in compli-
ance with sections 1, 2 and 3 of said first above mentioned Act; and
where said election was not held under and in pursuance of "An Act
to provide for the printing and distribution of ballots at public expense,
and for the nomination of candidates for public offices, to regulate the
manner of holding elections, and to enforce the secrecy of the ballot,"
approved June 22, 1891, in force July 1, 1891, known as the "Australian
Ballot Law;" and where said election within that part of said sanitary
district lying within any such city, village or incorporated town that had
theretofore adopted the provisions of the said Act known as the "City
Election Law" hereinabove mentioned, was not held in compliance with
said Act known as the "City Election Law" nor under the direction and
supervision of the election commissioners of said city, village or incor-
porated town; then, and in such case said elections are hereby declared
to have been duly and legally held and all such sanitary districts so or-
ganized are hereby held and declared to be duly and legally organized.
And all the acts of any such sanitary districts, if otherwise legal, are
hereby made and declared to be legal, binding and of full force and effect.
§ 2. That whenever any such sanitary district has held an election
■for its first board of trustees, a part of which said district at the time
of the election of said trustees was situated within the corporate limits
of a citv, village or incorporated town which had theretofore adopted the
provisions of said Act known as the "Citv Election Law," and said
election of such first board of trustees has been held under the or-
der, direction and supervision of the county judge in compliance with
•section [s] 4 and 5 of said first above mentioned Act, approved May 17,
1907, in force July 1, 1907, and where such election was not held under
and in pursuance of said Act known as the "Australian Ballot Law;"
and where such election within that .part of said sanitary district lying
within any such city, village or incorporated town that had theretofore
adopted the provisions of said Act known as the "City Election Law"
was not held in compliance with the said Act known as the "City Elec-
tion Law" nor under the direction and supervision of the election com-
missioners of said city, village or incorporated town; then, and in such
•case said elections are hereby held and declared to have been duly and
198 DRAINAGE — ELECTIONS.
legally held, and all trustees elected at such elections are hereby declared
to have been duly and legally elected. And all the acts and proceed-
ings of such trustees, if otherwise legal, are hereby made and declared
to be legal, binding and of full force and effect.
§ 3. Whereas., An emergency exists, therefore this Act shall be in
full force and effect from and after its passage and approval.
Approved May 7, 1909.
ELECTIONS.
CITY ELECTIONS — SALARIES OF ELECTION COMMISSIONERS AND CLERKS.
§ 1. Amends section 1, Act of 1SS5. j § 1. As amended, increases
salaries of election
commissi oners and
clerks.
(House Bill No. 607. Approved June 10, 1909.)
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 17, 1S95, in force July 1, 1895, as amended by an Act approved
June 9, 1897, in force July 1, 1897 , 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
May 25, 1907, in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 1 of article VII of an
Act entitled, "An Act regulating the holding of elections and declaring
the result thereof in cities, villages and incorporated towns in this
State," approved June 19, 1885, in force July 1, 1885, as amended by
an Act approved June 17; 1895, in force July 1, 1895, as amended by an
Act approved June 9, 1897, in force July 1, 1897, 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 May 25, 1907, in force July 1, 1907, be and the same is hereby
amended so as to read as follows :
§ 1. Such election commissioners and the chief clerk and the as-
sistant chief clerk of the board of election commissioners shall be paid
by the county, and for the purpose of fixing their fees and compensation,
the several counties of this State are divided into three f^ 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 hun-
dred dollars ($500), and said chief clerk a salary of four hundred dol-
lars ($400) per annum. In counties of the second class said election
commissioners shall receive a salarv of one thousand dollars ($1,000.00)
per annum and such chief clerk shall receive a salary of not less than
ELECTIONS — EMPLOYMENT. 199
one thousand five hundred dollars ($1,500.00), nor more than two
thousand four hundred dollars ($2,400.00) per annum, and also in coun-
ties of the second class there may be employed one assistant chief clerk
who shall receive a salary of not less than one thousand dollars ($1,-
000.00), nor more than one thousand five hundred dollars ($1,500.00)
per annum. It shall be the duty of the board of election commissioners
in counties of the second class to fix the salary of the chief clerk and
assistant chief clerk at the time of appointment of said clerks, not to
exceed the amounts herein mentioned. In counties of the third class,
to-wit: In Cook county, such election commissioners shall receive a
salary of four thousand dollars ($1,000), and such chief clerk, a salary
of five thousand dollars ($5,000) per annum, and also in counties of the
third class, to-wit: Cook county, there may be employed one assistant
chief clerk, who shall receive a salary of three thousand • dollars, ($3,-
000.00) per annum. All expenses incurred by such board of election
commissioners shall be paid by such city. Such salaries and expendi-
tures are to be audited by the county judges, and such salaries shall be
paid by the county treasurer, upon the warrant of such county judge,-
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 other-
wise 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 and expenditures, as the case may be.
Approved June 10, 1909.
EMPLOYMENT.
BUREAU OF LABOR STATISTICS — REVISION.
§ 1. Board of commissioners of labor I § 3. Compensation.
— appointment — organization |
— secretary. § 4. Repeal.
§ 2. Duties. I
(Senate Bill No. 456. Approved June 10, 1909.)
An Act to create a bureau of labor statistics and statistical details of
manufacturing industries and commerce of the State, and to provide
for a board of commissioners and secretary, and repealing certain Acts
therein named.
Section 1. 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
Governor, with the advice of the Senate, to appoint a board of commis-
sioners of labor, to consist of five members, who shall hold office for two
years, three of whom shall be manual laborers, the remaining members
of the commission shall be manufacturers or employers of labor in some
productive industry, and they shall meet annually on the first Monday
in September, at the State Capitol, when they shall organize by elect-
200 EMPLOYMENT.
ing a president from themselves and appointing a secretary, who shall
hold office for a term of two years or until his successor is appointed;
the said secretary to have no voice in the deliberations of said board nor
to be selected from said commissioners.
§ 2. The duties of such board shall be to collect, assort, systemize
and present in biennial report to the General Assembly statistical de-
tails relating to all departments of labor in the State, especially in its
relation to the commercial, industrial, social, educational and sanitary
conditions of the laboring classes and to the permanent prosperity of
the mechanical, manufacturing and productive industries of the State;
and also statistical details of the manufacturing industries and commerce
of the State, setting forth such details as the local character of the in-
dustry, capital, total output, number of people employed and. such other
details as will give a total presentation of the industrial and commer-
cial condition and progress of the State : Provided, that in no case
shall the statistics thus published be so arranged as to reveal the affairs
of any single industrial or commercial concern.
It shall be the duty of every employer of labor in this State to afford
to the State Commissioners of Labor, or their representatives, every
facility for procuring statistics of the wages and conditions of their em-
ployes for the purpose of compiling and publishing statistics of labor
and of social and industrial conditions and statistical details of manu-
facturing industries and commerce within the State as required by law.
Any person who shall hinder or obstruct the investigations of the agents
of the commissioners or shall neglect or refuse, for a period of ten days,
to furnish the information called for by the schedules of the commis-
sioners as provided above, shall be adjudged guilty of a misdemeanor
and be subjected to a fine of one hundred dollars ($100).
§ 3. The compensation of said commissioners shall be five dollars
per day for thirty (30 days of each annual session, and the compensa-
tion of said secretary shall be twenty- five hundred dollars ($2,5.00) per
annum. The amount accruing to said commissioners to be paid to them
at the expiration of their said annual session of thirty days, and the
Auditor of Public Accounts being hereby authorized to issue his warrant
on the treasury in their favor for the amount specified in this section,
and the secretary shall be paid quarterly in the same manner. The
Auditor is further directed and authorized to draw his warrant for
the actual traveling, incidental and office expenses of said commissioners
and their secretary, on their vouchers sworn to by them and approved
by the president of the board and the Governor.
§ 4. All Acts or parts of Acts inconsistent herewith are hereby re-
pealed.
Approved June 10, 1909.
EMPLOYMENT. 201
FREE EMPLOYMENT OFFICES AND AGENCIES.
•§ 1. Amends section 12, Act of 1903. I § 12. Custodian of fee and
fund — -bond — vouch-
I ers, etc.
(House Bill No. 162. Approved June 5, 1909.)
An Act to amend section 12 of "An Act relating to employment offices
and agencies" approved and in force May 11, 1903.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 12 of "An Act re-
lating to employment offices and agencies/' approved and in force May
11, 1903, be and the same is hereby amended so as to read as follows:
§ 12. All money or moneys received from fees and fines shall be held
by the said commissioners of labor, and shall constitute a fund for the
purpose of enforcing the provisions of this Act; the secretary of the
Commissioners of Labor shall act as custodian of the fee and fine fund
and shall execute a bond to the People of the State of Illinois with good
and sufficient securities, in a sum to be fixed by the Commissioners of
Labor conditioned upon the faithful performance of his duties. The
bond shall be approved by the Governor and then filed with the Secretary
of State. All expenditures from the fee fund or any other fund under
the control of the commissioners of labor shall be paid on itemized
vouchers certified to by the president of the commissioners of labor and
approved by the Governor of the State of Illinois, and the said commis-
sioners shall, at the end of each fiscal year, make an account of said
fund and pay into the State treasury whatever balance shall remain
after paying the necessary disbursements for the purpose of enforcing
the provisions of this Act.
Approved June 5, 1909.
202
EMPLOYMENT.
§ 1.
HAZARDOUS MACHINERY, ETC. — SAFEGUARDS.
§ 16. Stairways — how constructed
§ 17
What enclosed, fenced o
guarded — use or repair of de
fective mechanism.
Removing
guards.
and replacing safe-
§ 4.
§ 6.
§ S.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 11.
§ 15.
Disconnecting power.
Hoistways, elevator wells and
wheel holes — safety devices.
Unsafe conditions — notice — to
remedy.
Tampering
pliance.
Traversing
ited.
with machine or ap-
carriage — space lim-
Food prohibited in certain
rooms, etc.
Seats for female employes.
Equable temperature. .
Air space — temperature — ventil-
ation— terms interpreted.
Ventilating
vices.
and exhaust de-
Disposition of refuse, etc., drain-
age.
Means of egress.
Doors — how constructed.
(Senate Bill No. 385.
§ IS.
§ 19.
§ 20.
§ 21.
§ 2 4.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
Lights — where and when neces-
sary.
Overloaded floor space, etc.
Passageways..
Water closets — number — loca-
tion— ventilation.
Washing facilities — dress rooms.
Duties of proprietor, owner, etc.
Alterations and additions — no-
tice by State Factory Inspec-
tor.
Report of accidents
juries.
and in-
Duties of factory inspector.
Penalties.
Municipal inspection.
Establishments operated by fed-
eral government exempted.
Terms defined.
Printed copies of Act.
Notice covering
of Act.
salient features
§ 32. In force January 1, 1910.
Approved June 4, 1909.)
An Act to provide for the health, safety and comfort of employes in
factories, mercantile establishments, mills and workshops in this
State, and to provide for the enforcement thereof.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That all power driven machinery,
including all saws, planers, wood shapers, jointers, sand paper machines,
iron mangles, emery wheels, ovens, furnaces, forges and rollers of metal;
all projecting set screws on moving parts; all drums, cogs, gearing,
belting, shafting, tables, fly wheels, flying shuttles and hydro-extractors;
all laundry machinery, mill gearing and machinery of every descrip-
tion; all systems of electrical wiring or transmission; all dynamos and
other electrical apparatus and appliances; all vats or pans, and all
receptacles containing molten metal or hot or corrosive fluids in any
factory, mercantile establishment, mill or workshop, shall be so located
wherever possible, as not to be dangerous to employes or shall be prop-
erly enclosed, fenced or otherwise protected. All dangerous places in
or about mercantile establishments, factories, mills or workshops, near
to which any employe is obliged to pass, or to be employed shall, where
practicable, be property enclosed, fenced or otherwise guarded. ]NTo
machine in any factory, mercantile establishment, mill or workshop,
EMPLOYMENT. 203
shall be used when the same is known to be dangerously defective., and no
repairs shall be made to the active mechanism or operative part of any
machine when* the machine is in motion.
§ 2. ISTo person shall remove or make ineffective any safeguard re-
quired by this Act, during the active use or operation of the guarded
machine or device, except for the purpose of immediately making re-
pairs thereto, and all such safeguards so removed shall be promptly re-
placed.
§ 3. In every factory, mercantile establishment, mill or workshop,
effective means shall be provided for immediately disconnecting the
power, so that in case of need or accident, any particular machine, group
of machines, room or department, can be promptly and effectively shut
down.
a. Where machines require to be started and stopped frequently,
they shall, wherever practicable, be provided with tight and loose pul-
leys, clutch or other effective disengaging device. When provided with
tight and loose pulleys, the shifting of the belt shall be accomplished
by the use of a belt shifter, placed within easy reach of the operator.
When a clutch,, or other disengaging device is used, an effective means
for throwing such device into or out of engagement shall be provided,
and shall be placed within easy reach of the operator.
b. Where machines are direct connected with the prime . mover,
(electric motor, steam, gas or gasoline engine, or other source of power),
a switch, throttle, or other power controlling device shall be furnished
and shall be placed within easy reach of the operator, or his co-worker.
c. Where machines are arranged in groups, rooms or departments,
and power is supplied by a prime mover, located within the confines of
such group, room or department, a switch, throttle, or other power
controlling device shall be furnished, and shall be placed within easy
reach of the operators affected, so that all shafting, transmitting
machinery and machines of such group, room or department, can be
simultaneously shut down.
d. Where machines are arranged in groups, rooms or departments,
and are supplied by power through the use of main or line shafts, re-
ceiving power from some prime mover, located without the group, room
or department, the power receiving wheel of such main or line shaft,
shall, wherever possible, be provided with a friction clutch, or other
effective power disengaging device, with suitable means for operating
the clutch, or power disengaging device, and these means shall be placed
within the confines of such group, room or department, and within easy
reach of the employes or operatives affected, so that all machines, shaft-
ing and other transmission machinery within such group, room or de-
partment, can be simultaneous^ shut down. In addition to such safe-
guard, communication, consisting of speaking tubes, electric bells, elec-
tric colored lights, or other approved and effective means, shall be pro-
vided in all cases covered by this paragraph between each such group,
room or department, and the room in which the engineer, or prime-
204 EMPLOYMENT.
mover, is located, so that in case of need or accident, the motive power
of such group, room or department can be promptly stopped or con-
trolled.
§ 4. All hoist ways, hatch ways, elevator wells and wheel holes in
factories, mercantile establishments, mills or workshops, shall be securely
fenced, inclosed or otherwise safely protected, and due diligence shall
be used to keep all such means of protection closed, except when it is
necessary to have the same open, in order that the said hatch ways, ele-
vators or hoisting apparatus may be used. All elevator cabs or cars,
whether used for freight or passengers, shall be provided with some de-
vice, whereby the car or cab may be held in the event of accident to the
shipper rope or hoisting machinery or controlling apparatus.
§ 5. If any elevator, machine, electrical apparatus or system of wir-
ing, or any part or parts thereof, in any factory, mercantile establish-
ment, mill or workshop, are in an unsafe condition, or are not properly
guarded, where reasonable to guard the same, the owner or lessee, or
his agent, superintendent or other person in charge thereof, shall, upon
notice from the Chief State Factory Inspector, or the Assistant Chief
State Factory Inspector, remedy such unsafe condition within a reason-
able time after receiving such notice.
§ 6. No employe of any factory, mercantile establishment, mill or
workshop, shall operate or tamper with any machine or appliance with
which such employe is not familiar and which is in no way connected
Tvith the regular and reasonable necessary duties of his employment,
unless it be by and with the direct or reasonably implied command, re-
quest, or direction of the master or representative or agent.
§ 7. The traversing carriage of any self-acting machine must not
be allowed to run out within a distance of eighteen (18) inches from
any fixed structure, not being part of the machine, if the space over
which it runs out is a space through which any employe is liable to pass, •
whether in the course of his employment or otherwise.
§ 8. No employe shall take or be allowed to take food into any room
or apartment in any factory, mercantile establishment, mill or work-
shop, where white lead, arsenic or other poisonous substances or in-
jurious or noxious fumes, dusts or gases under harmful conditions are
present, as the result of the business conducted by such factories, mer-
cantile establishments, mills or workshops, and notice to this effect shall
be posted in each room or apartment. Employes shall not remain in
any such room or apartment during the time allowed for meals, and
suitable provision shall be made and maintained by the employer, when
practicable, for enabling the employes to take their meals elsewhere in
such establishment: Provided, however, that this section shall not
apply to such employes whose presence during meal hours may be neces-
sary for the proper conduct of such business.
§ 9. That every person, firm or corporation employing females in
any factory, mercantile establishment, mill or workshop in this State,
shall provide a reasonable number of suitable seats for the use of such
EMPLOYMENT. .. 205
female employe [s], and shall permit the use of such seats by them when
they are not necessarily engaged in the active duties for which they are-
employed, and shall permit the use of such seats at all times when such
use would not actually and necessarily interfere with the proper dis-
charge of the duties of such employes, and where practicable, such
seats shall be made a permanent fixture and may be so constructed or
adjusted that when said seats are not in use, they will not obstruct such
female employe, when engaged in the performance of her duties.
§ 10. In every factory, mercantile establishment, mill or workshop,-
where one or more persons are employed, adequate measures shall be
taken for securing and maintaining a reasonable, and as far as possible,
equable temperature, consistent with the reasonable requirements of the
manufacturing process. No unnecessary humidity which would jeop-
ardize the health of employes shall be permitted.
§ 11. In every room or apartment of any factory, mercantile estab-
dishment, mill or workshop, where one or more persons are employed,
at least 500 cubic feet of air space shall be provided for each and every
person employed therein, and fresh air, to the amount specified in this
Act, shall be supplied in such a manner as not to create injurious drafts,,
nor cause the temperature of any such room or apartment to fall ma-
terially below the average temperature maintained : Provided, where
lights are used which do not consume oxygen, 250 cubic feet of air
space shall be deemed sufficient. All rooms or apartments of any fac-
tory, mercantile establishment, mill or workshop, having at least 2,000
cubic feet of air space for each and every person employed in each room
or apartment, and having outside windows and doors whose area is at
least one-eighth of the total floor area, shall not be required to have
artificial means of ventilation; but all such rooms or apartments shall
be properly aired before beginning work for the day and during the
meal hours. All such rooms, or apartments, having less than 2,000
cubic feet of air space, but more than 500 cubic feet of air space, for
each and every person employed therein, and which have outside win-
dows, and doors whose area is at least one-eighth of the -floor area, shall
be provided with artificial means of ventilation, which shall be in opera-
tion Avhen the outside temperature requires the windows to be kept
closed, and which shall supply during each working hour at least 1,500
cubic feet of fresh air for each and every person employed therein. All
such rooms or apartments, having less than 500 cubic feet of air space
for each and every person employed therein, all rooms or apartments
having no outside windows or doors, and all rooms or apartments hav-
ing less than 2,000 cubic feet of air space for each and every person
employed therein, and in which the outside window and door area is less
than one-eighth of the floor area, shall be provided with artificial means
of ventilation, which will supply during each working hour throughout
the year, at least 1,800 cubic feet of fresh air for each and every person
employed therein: Provided, that the provisions of the preceding por-
tions of this section shall not apply to storage rooms or vaults : And,
20G EMPLOYMENT.
provided, further, that the preceding portions of this section shall not
apply to those rooms or apartments in which manufacturing processes
are carried on which from their peculiar nature would be materially in-
terfered with by the provisions of this section. No part of the fresh
air supply required by this section shall be taken from any cellar or
basement.
The following terms of this section shall be interpreted to mean:
The air space available for each person is the total interior volume of a
room, expressed in cubic feet, without any deductions for machinery
contained therein, divided by the average number of persons employed
therein.
Outside windows and doors are those connecting directly with the
outside air; the window and door area is the total area of the windows
and doors of all outside openings ; and the floor area is the total floor area
of each room.
§ 12. All factories, mercantile establishments, mills or workshops*
shall be kept free from gas or effluvia arising from any sewer, drain,
privy or other nuisance on the premises. All poisonous or noxious fumes
or gases arising from any 'process, and all dust of a character injurious
to the health of the persons employed, which is created in the course
of a manufacturing process, within such factory7, mill or workshop, shall
be 'removed,, as far as practicable, by either ventilating or exhaust de-
vices.
§ 13. All decomposed, fetid or putrescent matter, and all refuse,
waste and sweepings of any factory, mercantile establishment, mill or
workshop, shall be removed and disposed of, at least once each day,
and in such a manner as not to cause a nuisance; and all cleaning shall
be done, as far as possible, outside of working hours ; but if done during
working hours, shall be done in such a manner as to avoid the unnecessary
raising of dust or noxious odors. In every factory, mill or workshop,
in which any process is carried on which makes the floors wet, the floor
shall be constructed and maintained with due regard to the health of
employes, and gratings or dry standing rooms shall be provided if prac-
ticable, at points where employes are regularly stationed, and adequate
means shall be provided for drainage, and for preventing seepage or
leakage to the floors below.
§ 14. In all factories, mercantile establishments, mills or workshops,
sufficient and reasonable means of escape in case of fire shall be pro-
vided, by more than one means of egress, and such means of escape shall
at all times be kept free from any obstruction and shall be kept in good
repair and ready for use, and shall be plainly marked as such.
§ 15. All doors used by employes as entrances to or exits from any
factory, mercantile establishment, mill or workshop, of a height of tw.o
stories or over, shall open outward, slide or roll, and shall be so con-
structed as to be easily and immediately opened from within in case of
fire or other emergency.
EMPLOYMENT. 20"
§ 16. Proper and substantial hand rails shall be provided on all
stairways in factories, mercantile establishment, mills or workshops, and
the treads on all stairways shall be so constructed as to furnish a firm
and safe foothold.
§ 17. In all factories, mercantile establishments, mills or workshops,
a proper light shall be kept burning by the owner or lessee in all main
passageways, main hallways, at all main stairs, main stair landings and
shafts, and in front of all passenger or freight elevators, upon the en-
trance floors and upon the other floors, on every work day of the year,
from the time that the building is opened for use until the time when it
is closed, except at times when the influx of natural light shall make
artificial light unnecessary: Provided, that when two or more tenants
occupy different floors in one building, such elevator shafts need be lighted
only on the floors occupied and used by employes.
§ 18. No floor space or any work room in any factory, mercantile
establishment, mill or workshop, shall be so overloaded with machinery
or other material as thereby to cause serious risk to or endanger the life
or limb of any employe, nor shall there be permitted in any such estab-
lishment a load in excess of the safe sustaining power of the floors and
walls thereof.
§ 19. In all factories, mercantile establishments, mills or workshops,
machines must not be placed so closely together as to be a serious menace
to those that have to pass between them. Passageways must be of ample
with [width] and head room and must be kept well lighted and free
from obstructions.
§ 20. Every factory, mercantile establishment, mill or workshop
shall be provided with a sufficient number of water closets, earth closets
or privies, within reasonable access of the persons employed therein,
and such water closets, earth closets or privies shall be supplied in the
proportion of at least one (1) to every thirty (30) male persons and one
(1) to every, twenty-five (25) female persons; and whenever both male
and female persons are employed, said water closets and privies shall be
provided separate and apart for the use of each sex, and plainly marked
by which sex they are to be used; and no person or persons shall be
allowed to use the closets or privies assigned to the opposite sex; and
such water closets or privies shall be constructed in an approved manner
and properly enclosed, and at all times kent in a clean and sanitary con-
dition. The closets or privies, where practicable, shall be located so that
they shall have direct ventilation with the outside air; where it is im-
practicable to locate the closet; [s] or privies so as to have direct ventila-
tion with the outside air, they shall be placed in an enclosure, and every
such closet or privy, shall be properly and effectively disinfected and sep-
arately ventilated, and shall be properly lighted by artificial light, except
when the influx of natural light makes artificial light unnecessary : Pro-
vided, that nothing in this section shall be construed to prevent any
208 EMPLOYMENT.
city, town or village, by appropriate ordinance or regulation, from pro-
hibiting the construction, nse or maintenance in such city, town or vil-
lage, of any kind of earth closets, or privies, which may be considered
a nuisance or detrimental to the public health.
§ 21. In all factories, mercantile establishments, mills or workshops,
adequate washing facilities shall be provided for the employes, where
necessary, and in such case in all factories, mills and workshops not less
than one spigot, basin or receptacle shall be provided for each thirty
(30) employes, and in mercantile establishments, not less than one
S]3igot, basin or receptacle shall be provided for each fifty (50) em-
ployes. Where the labor performed by the employe is of such a char-
acter as to make customary or necessary a change of clothing by the
employes, there shall be provided sanitary and suitable dressing room
or rooms, and both such dressing rooms and washing facilities shall be
separately maintained for each sex; provided, that nothing in this Act
shall be construed as abrogating or repealing any provision of section 5
of an Act entitled, "An Act to provide for the licensing of plumbers,
and to supervise and inspect plumbing," approved June 10, 1897, and
in force July 1, 1897, or the provisions of any local ordinance or regu-
lation of any city, town or village, requiring approved and sufficient
methods of sanitation, light, heat, drainage or ventilation of an equal
or superior standard to that required in this Act.
§ 22. It shall be the duty of every person, firm or corporation to
which the provisions of this Act may apply, to carry out the same,
and make all the changes and additions necessary therefor, and in
every way to comply with all the provisions of this Act, and it shall
be the duty of the owner of the building in which is located any such fac-
tory, mercantile establishment, mill or workshop, to permit any altera-
tions or additions to such building as may be necessary to comply with
the provisions of this Act.
§ 23. Ywienever, by the provisions of this Act, it is made the duty of
any person, firm or corporation within this State, to make or install
any alterations, additions or changes, the same shall be made and in-
stalled in conformity with the provisions of this Act, and completed
within a reasonable time after notification by the Chief State Factory
Inspector or his deputy.
§ 24. It shall be the duty of the owner or lessee, or superintendent
or person in charge of any factory, mercantile establishment, mill or
workshop in this State, to send to the Chief State Factory Inspector,
in writing, an immediate report of all accidents or injuries resulting
in death. It shall also be the duty of the person in charge of such fac-
tory, mercantile establishment, mill or workshop, to report between the
loth and 25th of each month, all accidents or injuries occurring during
the previous calendar month, which entailed a loss to the person in-
jured of fifteen (15) consecutive clavs' time or more. All reports shall
state the cause and character of the injury, -character of employment
and the age and sex of the person injured. No statement contained
EMPLOYMENT. , 209
in any such report shall be admissible in evidence in any action arising
out of the death or accident therein reported : Provided, that any sucli
employer who shall make the reports of accidents, required bv this Act,
shall not be required to make such reports to any other State officer,
board or commission.
§ 25. It shall be the duty of the Chief State Factorv Inspector,
and of the assistant Chief State Factory Inspector, and deuuty factory
inspectors, under the direction and supervision of the Chief State- Fac-
tory Inspector, to enforce the provisions of this Act, and to prosecute
all violations of the same before anv magistrate or any court of compe-
tent jurisdiction in this State, and for that purpose they and each of
them are hereby empowered to visit and inspect, at all reasonable times,
all such factories, mercantile establishments, mills and workshops in
this State : Provided,, that whenever any secret process is used in any
factory, mercantile establishment, mill or workshop, the owner shall,
whenever asked by the Chief State Factory Inspector or the Assistant
Chief State Factory Inspector, file with him an affidavit that the owner
has in all respects complied with the provisions of this Act* and such
affidavit shall be accepted in lieu of inspection of any room or apart-
ment in which such secret -process is carried on.
In the enforcement of the provisions of this Act, the Chief State
Factory Inspector, and the assistant Chief State Factory Inspector, and
the d^uty factory inspectors, under the direction and supervision of thi
Chief State Factory Inspector, shall give proper notice in regard to
any violation of- this Act to the persons owning, operating or managing
any such factory, mercantile establishment, mill or workshop. Such
notice shall be written or printed and signed officially by the Chief State
Factory Inspector, or the assistant Chief State Factory Inspector, and
said notice may be served by delivering the same to the person upon
whom service is to be had, or by leaving at his usual place of abode,
or business, an exact copy thereof, or by sending a copy thereof to such
person by mail.
When general changes relative to the location and spacing of ma-
chinery or to ventilation have been made and such changes comply with
the provisions of this Act, such arrangements, conditions remaining the
same, shall not be disturbed by any requirement of the Chief State Fac-
tory Inspector or his deputies within the period of twelve (12) months.
§ 26. Any person, firm or corporation who shall, or any agenf,
manager or superintendent of any person, firm or corporation, who, for
himself or for such person, firm or corporation, shall violate any of the
provisions of this Act, or who omits or fails to comply with any of the
foregoing requirements of this Act, or who disregards any notice of the
Chief State Factory Inspector, or of the assistant Chief State Factory
Inspector, when said notice is given in accordance with the provisions
of this Act; or who obstructs or interferes with any examination or in-
vestigation being made by a State Factory Inspector, under this Act,
or any employe in any such factor}^ mercantile establishment, mill or
—14 L
210 EMPLOYMENT.
workshop who shall remove or interfere with any guard or protective
or sanitary device, required by the provisions of this Act, except as
hereinbefore provided, or who shall violate any of the other provisions
of this Act, shall be deemed guilty of a misdemeanor, and on conviction
thereof, shall be punished for the first offense by a fine of not less than
ten dollars ($10.00) nor more than fifty [dollars] ($50.00) ; and upon
conviction of the second or subsequent offense, shall be fined not less
than twenty-five [dollars] ($25.00) nor more than two hundred dol-
lars ($200.00) ; and in each case shall stand committed until such fine
and costs are paid unless, otherwise discharged by due process of law.
§ 27. Whenever any inspection of machinery, ways, means, instru-
ments or appliances in, on, about or connected with any factory, mill,
mercantile establishment or workshop is required to be made by the
ordinances of any city, town or village of a standard equal to that of
this Act and the inspection required by such ordinances has been made,
then and in every such case such inspection shall be accepted by the
Chief State Factory Inspector, the assistant Chief State Factory In-
spector and. the deputy factory inspectors as a compliance in that re-
spect with the provisions of this Act; and it shall be the duty of the
person for whom such inspection has been made to furnish the Chief
State Factory Inspector, or his assistant or deputies, with a copy of
the report of inspection made under such ordinances.
§ 28. The provisions of this Act relating to sanitation and ventila-
tion shall not be held to apply to such rooms or apartments of any fac-
tory, mercantile establishment, mill or workshop, which are being oper-
ated under the supervision of the federal government, by virtue of an
Act of Congress entitled, "An Act making appropriations for the De-
partment of Agriculture for the fiscal year ending June thirtieth, nine-
teen hundred and seven," approved June 30, 1906, or any amendment
thereof; nor shall any other of the provisions of this Act so apply re-
specting matters and conditions over which the federal government now
exercises or shall hereafter exercise jurisdiction.
§ 29. The following terms used in this Act shall have the follow-
ing meaning: The term "factory" means any premises wherein elec-
tricity, steam, water or other mechanical power is used to move or
work any machinery employed in preparing, manufacturing or finish-
ing, or any process incident to the manufacturing of any article or part
of any article; or the altering, repairing, ornamenting or the adapting
for sale of any article. The term "mill or workshop" shall include any
premises, room or apartment not being a factory as above defined, where-
in any labor is exercised by way of trade or for the purpose of gain in
or incidental to any process of making, altering, preparing, cleaning,
repairing, ornamenting, finishing or adapting for sale any article or
part of any article, and to which or over which building, premises,
room or apartment, the employer of the person employed or working
therein has the right of access or control: Provided, however, that a
private house or private room in which manual or other labor is per-
formed by a family dwelling therein, or by any of them for the exclusive
EMPLOYMENT. 211
use of the members of such family is not a factory, mill or workshop,
within this definition. The term "mercantile establishment" shall in-
clude all concerns or places where goods, ware [s] or merchandise are
purchased or sold, either at wholesale or retail.
§ 30. Copies of this Act shall be printed in English and such other
languages as may be necessary to disseminate a general knowledge of
the provisions herein set forth and shall be supplied by the Chief State
Factory Inspector on application.
§ 31. For the purpose of disseminating a general knowledge of the
provisions of this Act among employes, the Chief State Factory In-
spector shall have prepared a notice covering the salient features of this
Act, which may be in the following form :
Notice to Owners and Employes op Mercantile Establishments,
Factories, Mills and Workshops.
This notice must be posted in a conspicuous place, in every office and
work room of this establishment. The object of this notice is to pro-
mote the health, comfort and safety of employes, and requires their at-
tention and cooperation.
1. All machinery when in operation is dangerous, and should be
considered so by the operator. It should be so protected as to offer
the least possible chance for injury to those who operate it.
2. All machinery must be daily inspected by the operator, and upon
discovery of any defects, notice of the same shall be given at once to
any one in authority, and the machine not used until repaired.
3. All set screws or other dangerous projections on revolving ma-
chinery shall be countersunk or otherwise guarded when possible.
4.. Means shall be provided and placed within convenient reach for
promptly stopping any machine, group of machines, shafting or other
power transmitting machinery.
5. Machines must not be placed so closely together as to be a serious
menace to those who have to pass between them. Passageways must be
of ample width and head room, and must be kept well lighted and free
from obstructions.
6. All hatchways, elevator wells or other openings in floors shall be
properly enclosed or guarded.
7. The premises must be kept in a clean and sanitary condition.
8. Ample and separate toilet facilities for each sex shall be provided,
and toilet rooms must be kept clean, well ventilated and well lighted.
9. Food must not be taken into any work room where white lead,
arsenic or other poisonous substances or gases are present under harm-
ful conditions.
10. Proper and sufficient means of escape, in case of fire, shall be
provided, and shall be kept free from obstructions.
11. Poisonous and noxious fumes or gases, and dust injurious to
health, arising from any process, shall be removed, as far as practicable.
12. All employes are strictly prohibited from attempting to operate,
experiment or tamper with machines or appliances with which they are
212 EMPLOYMENT.
not familiar and which are in no way connected with their regular
duties. (A11 employes are prohibited from jumping on or off moving
cars, elevators, machines or appliances not under their immediate charge
or control. All employes are prohibited from carrying to their place
of work acids, chemicals or explosives of any kind which are liable to
endanger life or property.
13. Eeports must be sent to the office of the State Factory Inspector,
as provided by law, and immediate notice of the death of any employe
resulting from accident or injuries must be sent to the same office.
The notice shall be printed on card board of suitable character, and
the type used shall be such as to make it easily legible. In addition to
English, this notice shall be printed in such other languages as may
be necessary to make' it intelligible to employes. Copies shall be sup-
plied by the Chief State Factory Inspector on application, and must
be posted in a conspicuous place in every office and work room of every
establishment covered by the provisions of this Act.
§ 32. This Act shall take effect and be in force on and after Janu-
ary 1, 1910.
Appeoved June 4, 1909.
HOURS OP FEMALES.
§ 1. Ten hours a day's work. i § 3. Enforcement.
§ 2. Violations — penalty. . | § 4. Repeal.
(Senate Bill No. 497. Approved June 15, 1909.)
An Act to regulate, and limit the hours of employment of females in
any mechanical establishment or factory or laundry in order to safe-
guard the health of such employes; to provide for its enforcement and
a penalty for its violation.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That no female shall be employed
in any mechanical establishment or factory or laundry in this State,
more than ten hours during any one day. The hours of work may be
so arranged as to permit the employment of females at any time so
that they shall not work more than ten hours during the twenty-four
hours of any day.
§ 2. Any employer who shall require any female to work in any
of the places mentioned in section 1 of this Act, more than the number
of hours provided for in this Act, during any day of twenty-four hours,
or who shall fail, neglect or refuse so to arrange the work of females in
his employ that they shall not work more than the number of hours
provided for in this Act, during any one day, or who shall permit or
suffer any overseer, superintendent or other agent of any such employer
to violate any of the provisions of this Act, shall be guilty of a mis-
demeanor and upon conviction thereof, shall be fined for each offense
in a sum of not less than $25.00 or more than $100.00.
EMPLOYMENT. 213
§ 3. The State Department of Factory Inspection shall be charged
with the duty of enforcing the provisions of this Act and prosecuting
all violations thereof.
§ 4. All Acts and parts of Acts in conflict herewith are hereby re-
pealed.
Approved June 15, 1909.
PRIVATE EMPLOYMENT
AGENCIES.
§
1.
License — fee — application —
publication.
§
7.
Definitions.
§
2.
Bond.
§
S.
Enforcement.
§
3.
Register — references — agents.
§
9.
Power.
§
4.
Fees — receipts.
s
10.
Salaries.
§
5.
Employment contract.
§
11.
Constructions.
§ 6. Character of employment —
fraud. § 12. Repeal.
(Senate Bill No. 364. Approved June 15, 1909.)
An Act relating to private employment agencies and to repeal parts of
a certain Act relating thereto.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That no person shall open, keep or
carry on any employment agency in the State of Illinois unless every
such person shall procure a license therefor from the State Board of
Commissioners of Labor. Any person who shall open or conduct any
such agency without first procuring such license shall be guilty of a mis-
demeanor and shall be punishable by a fine of not less than fifty dollars
($50) and not exceeding two hundred and fifty dollars ($250), or on
failure to pay such fine, by imprisonment for a period not exceeding
six months, or both, at the discretion of the court. Such license shall
be granted upon the payment to said State Board of Commissioners of
Labor, annually, of a fee of fifty dollars ($50) in cities of fifty thou-
sand (50,000) population and over, and a fee of twenty-five dollars
($25) annually, in all cities containing less than fifty thousand (50,000)
population.
Every license shall contain the name of the person licensed, a desig-
nation of -the city, street and number of the house in which the person
licensed is authorized to carry on the said employment agency, and the
number and date of such license. Such license shall not be valid to pro-
tect any place other than that designated in the license unless consent
is first obtained from the State Board of Commissioners of Labor, or
.the chief inspector of employment agencies and until the written con-
sent of the surety or sureties on the bond required to be filed by section
2 of this Act to such transfer, be filed with the original bond. ■ No such
agency shall be located on premises where intoxicating liquors are sold,
excepting cafes and restaurants in office buildings. The application
for such license shall be filed with the State Board of Commissioners
214 EMPLOYMENT.
of Labor not less than one week prior to the granting of said license and
the State Board of Labor Commissioners shall act upon such applica-
tion within thirty (30) days from the time of application. Such ap-
plication shall be accompanied by the affidavits of two persons who have
known the applicant or the chief officer thereof, if a corporation, for
two years, stating that the said applicant is a person of good moral char-
acter. The license shall ran for one year from the date thereof and no
longer, unless sooner revoked by the State Board of Commissioners of
Labor. Such application shall be posted in the office of the State Board
of Commissioners of Labor or in the office of the Chief Inspector of
Private Employment Agencies, from the date of filing thereof, and until
such application is acted upon; and before any license shall be granted,
notice of such application shall be published on three (3) distinct days
by the State Board of Labor Commissioners in some daily newspaper
of general circulation throughout the county within which the applicant
desires to locate such agency.
§ 2. Bond,] The State Board of Commissioners of Labor shall re-
quire such person to file with his application for a license a bond in due
form to the People of the State of Illinois, for the penal sum of five
hundred dollars ($500), with one or more sureties, to be approved by
the said State Board of Commissioners of Labor, and conditioned that
the obligor -will conform to and not violate any of the duties, terms,
conditions, provisions or requirements of this Act. If any person shall
be aggrieved by the misconduct of any such licensed person, such person
may maintain an action in his own name upon the bond of said employ-
ment agency, in any court having jurisdiction of the amount claimed.
All such claims shall be assignable, and the assignee thereof .shall be
entitled to the same remedies upon the bond of such licensed person,
or otherwise, as the person aggrieved would have been entitled to, if such
claim had not been assigned. Any claim or claims so assigned may be
enforced in the name of such assignee. Any remedies given by this sec-
tion shall not be exclusive of any other remedy which would otherwise
exist.
§ 3. Eegister — references — agents.] It shall be the duty of
every such licensed person to keep a register, in which shall be entered
in the English language the date of every accepted application for em-
ployment, name and address of the applicant to whom employment is
offered or promised, written name and address of the person to whom
applicant is sent for employment and amount of the fee received. Such
licensed person shall also enter, in a separate register, in the English
language, the name and address of every accepted applicant for help,
the date of such application, the kind of help requested, the names of
the persons sent, with the designation of the one employed, the amount
of the fee received and the rates of wages agreed upon. The aforesaid
register of applicants for employment and for help shall be open during
office hours to inspection by the State Board of Commissioners of
Labor, their duly qualified agents, and the officers created by this Act.
EMPLOYMENT. 215
No such licensed person, or his employes, shall knowingly make any
false entries in such register. It shall be the duty of such licensed per-
sons who employ agents or solicitors to provide each of the said employes
with a suitable badge, containing said licensed person's name, and ad-
dress of such agency and numbers of such license, and shall file with the
State Board of Commissioners of Labor the name of each such em-
ploye.
§ 4. Fees — receipts.] A registration fee not to exceed two dol-
lars ($2.00) may be charged by such licensed agency when such agency
shall be at actual expense in advertising such individual applicant, or
in looking up the references of said applicant. In all such cases a
complete record of such references shall be kept on file, which record
shall, during all business hours, be open for the inspection of the said
State Board of Commissioners of Labor, the chief inspector of employ-
ment agencies or his assistants. For such registration fee a receipt shall
be given to said applicant for help or employment, giving name of such
applicant, date of payment and character of position or help applied
for. Said registration fee. shall be returned to said applicants on de-
mand, after thirty (30) days and within sixty (60) days from date
of the receipt, less the amount that has been actually expended by said
licensed agency for said applicant, and an itemized account of such ex-
penditures shall be presented to said applicant on request at the time of
returning the unused portion of such registration fee, provided no posi-
tion has been furnished by said licensed agency to said applicant.
No licensed person or persons shall, as a condition to registering or
obtaining employment for such applicant, require such applicant to sub-
scribe to any publication or exact any other fees, compensation or re-
ward, other than the registration fee aforesaid, and a further fee, the
amount of which shall be agreed upon between such applicant and such
licensed person, to be payable at such time as may be agreed upon in
writing, but the further fee aforesaid shall not be received by such
licensed person before the applicant has been tendered a position by said
licensed person. In the event the position so tendered is not accepted
by or given such applicant, said licensed person shall refund all fees
requested by said applicant, other than the registration fees aforesaid
within three (3) days after demand is made therefor. No such licensed
person shall send out any applicant for employment without having ob-
tained a bona fide order therefor, and if it shall appear that no em-
ployment of the kind applied for existed at the place where said ap-
plicant was directed, said licensed party shall refund to such applicant
within five (5) days after demand, any sum paid by said applicant for
transportation in going to and returning from said place and all fees
paid by said applicant.
In addition to the receipt herein provided to be given for registration
fees, it shall be the duty of such licensed person to give, to every appli-
cant for employment from whom other fee or fees shall be received,
an additional receipt, in which shall be stated the name of such appli-
cant, the date and amount of such other fees; and to every applicant
216 EMPLOYMENT.
for help from whom other fee or fees shall be received, an additional
receipt, stating the name and address of said applicant, the date and
amount of such other fee or fees, and the kind of help to be provided.
All receipts shall have printed on the- back thereof, in the English
language, the name and address of the State Board of Commissioners
of Labor and the Chief Inspector of Employment Agencies.
Every such licensed person shall give to every applicant for employ-
ment, a card or printed paper containing the name of the applicant,
the name and address of such employment agency, and the written name
and address of the. person to whom the applicant is sent for employment.
If an employe furnished fails to remain one week in a situation, through
no fault of the employer, a new employe shall be furnished to the ap-
plicant for help, if he so elects, or three-fifths (3-5) of all fees paid
returned within four (4) days after demand: Provided, said appli-
cant for help notifies said licensed person within three (3) days of the
failure of the applicant to accept the position or the applicant's dis-
charge for cause. If the employe is discharged within one week with-
out said employe's fault, another position shall be furnished, or three-
fifths (3-5) of all fees paid returned to the applicant for employment.
Every such person shall post in a conspicuous place in each room of
•such agency, sections three (3), four (4) and five (5) of this Act,
which shall be printed in languages which persons commonly doing
business with such agency can understand. Such printed matter shall
Also contain the name and address of the State Board of Labor Commis-
sioners and the Chief Inspector of Employment Agencies, and shall be
furnished by the State Board of Labor Commissioners.
§ 5. Employment contract.] No such licensed person shall
solicit or receive any fees, compensation or reward from any employer,
in payment for such person's refusal to register or obtain employment
for any applicant for employment. Whenever such licensed person,
or any other acting for him, agrees to send one or more persons to work
as contract or railroad laborers, in any place outside the city in which
such agency is located, the said licensed person shall give each of such
laborers, in a language with which such laborers are familiar, a state-
ment containing the following items : Name and address of the em-
ployer, name and nature of the work to be performed, wages offered,
destination of the person employed, terms of transportation and prob-
able duration of employment; and a duplicate of such statement shall
be kept on file in the office of the licensed person sending out such
laborers.
§ 6. Character of employment — fraud.] No such licensed per-
son shall send, or cause to be sent, any female help or servants, or in-
mate or performer, to enter any questionable place or place of bad re-
pute, house of ill fame, or assignation house, or to any house or place
of amusement kept for immoral purposes, or place resorted to for the
purpose of prostitution, or gambling house, the character of which such
licensed person knows, either actually or by reputation.
EMPLOYMENT. .217
No such licensed person shall knowingly permit questionable charac-
ters, prostitutes, gamblers, intoxicated persons, or procurers to fre-
quent such agency. No such licensed person shall accept any applica-
tion for employment made by or on behalf of any child, or shall place
or assist in placing any such child in any employment whatever, in
violation of the child labor law, approved May 15, 1903, and in force
July 1, 1903, and an Act to regulate the employment of children, ap-
proved June 9, 1897, and in force July 1, 1897. For the violation
of any of the provisions Of this section, the penalty shall be a fine of not
less than fifty dollars ($50) and not mcfre than two hundred dollars
($200), or imprisonment in the county jail or house of correction for
a period of not more than one year, or both, at the discretion of the
court, in addition to the revocation of such person's license. No such
licensed person shall publish or cause to be published any fraudulent
notice or advertisements of such employment agencies by means of cards,
circulars or signs, and in newspapers and other publications; and all of
its letter heads, receipts and blanks shall contain the name and ad-
dress of such employment agency, and shall state in all such notices the
fact that such licensed person is or conducts an employment agency.
No agency shall print, publish or paint on any sign, window, or insert
in any newspaper or publication a name similar to that of the Illinois
Free Employment Office. All written communications sent out by such
licensed person, directly or indirectly, to any person in regard to help
or employment, shall have contained therein definite information, that
such person is an employment agent; and no such licensed person shall
knowingly ■ give any false information or make any false promise con-
cerning employment to any applicant who shall register for employment
or help. No such licensed agent shall divide fees with or pay a commis-
sion to any person to whom applicants are sent for employment or help.
§ 7. Definitions.] Any person, firm or corporation, who for hire
or with a view to profit, shall undertake to secure employment or help,
or through the medium of card, circular, pamphlet or any medium what-
soever, or through the display of a sign or bulletin, offer to secure em-
ployment or help, or give information as to where employment or help
may be secured, shall be deemed a private employment agency and be
subject to the provisions of this Act, provided that charitable insti-
tutions are not included. The term fee, as used in this Act, means
money or a promise to pay money. The term fee also means and in-
cludes the excess of money received by any such licensed person over
what he has paid for transportation, transfer of baggage, or lodging for
any applicant for employment. The term fee, as used in this Act, also
means and includes the difference between the amount of money re-
ceived by any person who furnishes employes or performers for any en-
tertainment, exhibition or performance, and the amount paid by the
said person to the employes or performers whom he hires to give such
entertainments, exhibition or performance. The term privilege, as used
218 EMPLOYMENT.
in this Act, means and includes the furnishing of food, supplies, tools
or shelter to contract laborers, commonly known as commissary priv-
ileges.
••§ 8. Enforcement.] The enforcement of this Act shall be en-
trusted to the State Board of Commissioners of Labor, and an officer
to be known as the Chief Inspector of Private Employment Agencies,
which officer shall be recommended by the State Board of Commis-
sioners of Labor and appointed by the Governor of the State and whose
term of office shall be for the period of the incumbency of the Governor
appointing him, or until his 'successor is appointed. He may appoint
by and with the approval of the Governor one (1) inspector for every
fifty (50) licensed agencies or major fraction tbereof, who shall make at
least bi-monthly visits to every such agency. Said inspectors shall
have a suitable badge which they shall' exhibit on. demand of any person
with whom they may have official business. Such inspectors shall see
that all the provisions of this Act are complied with, and shall have no
other occupation or business. Complaints against any such licensed
person may be made orally or in writing to the State Board of Labor
Commissioners or to the Chief Inspector of Private Employment Agen-
cies, and reasonable notice thereof, not less than one (1) day, shall be
given in writing to said licensed person by serving upon him concise
statement of the facts constituting the complaint, and the hearing shall
be had before the State Board of Labor Commissioners or the Chief
Inspector of Private Employment Agencies as the State board afore-
said shall designate, within one week from the date of the filing of the
complaint and no adjournment shall be taken for a period longer than
one (1) week. Reasonable notice of the place' of hearing of any com-
plaint shall be given to such licensed person complained against. A
calendar of all hearings shall be kept by the State Board of Labor
Commissioners of the complaints they are to hear, and by the chief
inspector of those he is to hear, and shall be posted in a conspicuous
place in its or his public office for at least one (1) day before the date
of such hearing. The result of such hearings shall be rendered within
eight (8) days from the time the matter is finally submitted. The said
State Board of Commissioners of Labor may refuse to issue and may
revoke any license for any good cause shown within the meaning and
purpose of this Act, and when it is shown to the satisfaction of the said
Board of Commissioners of Labor that any person is guilty of any im-
moral, fraudulent or illegal conduct in connection with the conduct of
said business, it shall be the duty of said State Board of Commissioners
of Labor to revoke the license Of such person, but notice of such charges
shall be presented and reasonable opportunity shall be given said
licensed person to defend himself in the manner and form heretofore
provided in this section of the Act. Whenever said Board of Commis-
sioners of Labor shall refuse to issue or shall revoke the license of any
such employment agency, said determination shall be subject to review
EMPLOYMENT. 219
on writ of certiorari. Whenever for any cause such license is revoked
said revocation shall not take effect until seven (7) days after such
revocation is officially announced, and such revocation shall be consid-
ered good cause for refusing to issue another license to said person or
his representative, or to any person with whom he is to be associated
in the business of furnishing employment or help. The violation of any
provision of this Act except as provided in section one (1) and six (6),
shall be punishable by a fine not to exceed twenty-five dollars ($25), and
any city magistrate, judge of a municipal court, police justice, justice of
the peace or any inferior magistrate having original jurisdiction in
criminal cases, shall have power to impose said fine, and in default of
payment thereof to commit to the county jail or house of correction the
person so offending for a period not exceeding thirty (30) days. The
said State Board of Labor Commissioners or the Chief Inspector of
Employment Agencies or any of the inspectors created by this Act,
may institute criminal proceedings for its enforcement before any court
of competent jurisdiction. The State Board of Commissioners of Labor
shall employ legal advice or services whenever in its opinion such ad-
vice or services are necessary in or to the enforcement of this Act,
§ 9. Power.] The Chief Inspector of Private Employment Agen-
cies and all the inspectors created by this Act shall have full power
to execute and serve all warrants and process [es] of law issued by any
justice of the peace or police magistrate, or by any court having juris-
diction under the law relating to employment agencies in the same
manner as any constable or police officer, may serve and execute such
processes, or may arrest on view and without warrant, any unlicensed
person detected by them actually violating any of the provisions of this
Act and may take such person so offending before any court having
jurisdiction of the offense, and make proper complaint before such court
which shall proceed with the case in the manner and form provided by
law.
§ 10. Salaries.] Such Chief Inspector of Private Employment
Agencies shall receive a salary of three thousand and six hundred dol-
lars ($3,600) per annum, such salary to be paid monthly, from the
license fees or fines collected under the provisions of this Act, upon
voucher therefor filed with the Auditor of Public Accounts and ap-
proved by the Governor. Said chief inspector shall furnish a bond pay-
able to the State of Illinois, in the sum of five thousand dollars ($5,000)
said bond to be approved by the Governor and filed with the Secretary of
the State. He shall also be allowed the necessary printing, stationery and
postage, and shall also be furnished a suitable room or rooms and neces-
sary office furniture, and assistants such as a clerk and stenographer,
as the office requires, the same to be paid from the said fund • collected
under this Act. The other inspectors provided for in this Act shall
receive a salary of fifteen hundred dollars ($1,500) per annum, pay-
able monthly, such salary to be audited and paid from the said license
fee fund, and upon the certificates of the Chief Inspector of Private
220 EMPLOYMENT — FEES AND SALARIES.
Employment Agencies that such services have been actually rendered
under his direction : Provided, that should the license fee fund become
exhausted during the year, the State Board of Commissioners of Labor
shall have the power and authority with the approval of the Governor,
to suspend any number or all of such inspectors until such fund is again
replenished. Any expense incurred in obtaining legal advice or services
as provided in section 8 of this Act, shall be paid from the said license
fee fund collected as herein provided. The said State Board of Com-
missioners of Labor shall at the end of each fiscal year, make an account
of said license fee fund and pay into the State treasury whatever balance
shall remain after having paid the necessary disbursements for the pur-
pose of enforcing the provisions of this Act.
§ 11. Constructions.] Should one or more of the provisions of
this Act be held invalid, such invalidity shall in no manner affect any
of the valid provisions hereof.
§ 12. Sections 9, 10 and 11 of an Act relating to employment of-
fices and agencies approved May 11, 1903, and all Acts and parts of
Acts inconsistent herewith are hereby repealed.
Approved June 15, 1909.
FEES AND SALARIES.
CLERKS OF COURTS IN COUNTIES OF FIRST AND SECOND CLASS — PER
DIEM.
§ 1. Fixes per diem for attendance j § 2. Repeal,
upon court.
(House Bill, No. 579. Approved June 9, 1909.)
An Act to allow a per diem fee to clerks of the circuit, county and pro-
bate courts in counties of the first and second class and to repeal cer-
tain Acts therein named.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the clerks of the circuit court
in counties of the first and second class shall receive and be allowed at
[as] a per diem fee for attendance upon said courts the sum of six dol-
lars per day, and the clerks of the probate courts in counties of the sec-
ond class shall be allowed the same per diem fee for attendance upou
their respective courts as are now allowed to clerks of the county court
and sheriffs in counties of the second class for such service.
§ 2. That section 1 of an Act entitled, "An Act to allow a per diem
fee to clerks of the circuit and probate courts in counties of the second
class," approved June 15, 1893, in force July 1, 1893, as amended by
an Act approved June 7, 1895, in force July 1, 1895, as amended by
an Act approved May 10, 1901, in force July 1, 1901, as amended by
an Act approved May 13. 1907, in force July 1, 1907. be and the
same is hereby repealed.
Approved June 9, 1909.
FEES AND SALARIES. 221
COOK COUNTY— SALARIES OF COUNTY OFFICERS.
3 1. Amends section 31, Act of 1872. § 31. Fixes salaries of coun-
ty officers of Cook
county.
(House Bill No. 657. Approved June 14, 1909.)
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 amenda-
tory thereto; title as amended by Act approved March 28, 1811+, in
force July 1, 1811+ ; as amended by Act approved May 11, 1907, in
force July 1907.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 31 of an Act entitled
"An Act concerning fees and salaries, and to classify the several coun-
ties 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; as amended by Act approved May 11,
1907, in force July 1, 1907, be and the same is hereby amended to read
as follows :
§ 31. The clerks of all courts of record of Cook county, the treas-
urer, sheriff, coroner, county clerk and recorder of deeds of Cook county
hereafter elected, shall be paid by the said Cook county as their only
compensation for their services the following named salaries, to- wit:
The clerk of the circuit court the sum of nine thousand dollars per
annum.
The clerk of the superior court the sum of nine thousand dollars per
annum.
The county clerk of Cook county, as the only compensation for ser-
vices rendered in the capacity of county clerk, clerk of the county court,
or in any other capacity, the sum of nine thousand dollars per annum.
The clerk of the criminal court the sum of nine thousand dollars per
annum.
The clerk of the probate court of Cook county the sum of nine thou-
sand dollars per annum.
The county treasurer the sum of four thousand dollars per annum.
The sheriff the sum of nine thousand nine hundred and sixty dollars
per annum.
The coroner the sum of nine thousand dollars per annum.
The recorder of deeds of Cook county, as the only compensation for
services rendered in the capacity of recorder or in any other capacity,
the sum of nine thousand dollars per annum.
Approved June 14, 1909.
222 FEES AND SALARIES.
FEES OF CLERKS OF PROBATE COURTS IN CERTAIN COUNTIES.
§ 1. Fixes fees of probate clerks in § 2. Payment in advance,
counties of second class over
70,000. I § 3. Repeal.
(House Bill No. 31. ■ Approved June 16, 1909.)
An Act to provide for fees of clerks of probate courts in counties of the
second class having a population of seventy thousand or more.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the clerks of the probate courts
in counties of the second class having a population of seventy thousand
or more shall be entitled to receive the fees herein specified for the
services mentioned, and such other fees as may be provided by law for
other services not herein designated.
For taking proof of last will and testament, or codicil, when proved
separately, and endorsing certificate of probate thereon, and for enter-
ing order admitting to probate last will and testament, or codicil, and
granting letters testamentary, $5.00.
For issuing and mailing each copy of petition for probate of any
will, 75 cents.
For granting letters of administration, guardianship or conservator-
ship, $3.00.
For filing for any purpose, .05 cents.
For taking and approving bond of executor or administrator, guar-
dian, conservator, or any other bond required by law to be taken, 75
cents.
For certified copy of letters testamentary, of administration, of guar-
dianship, or of conservatorship, 75 cents.
And in addition thereto, 10 cents for each one hundred words con-
tained in said will or codicil.
For issuing warrant to appraisers, $1.00.
For taking and filing renunciation of executor or of right to ad-
minister, 25 cents.
For filing and docketing each claim against estates, and for entering
order allowing or dismissing same, 50 cents.
For entering order reinstating or refiling or redocketing each claim,
75 cents.
For filing and docketing proof of notice for adjustment of claims, 55
cents.
For filing and docketing assignment of claims or judgment, 25 cents.
On petition for sale of real estate by executor, administrator, guardian
or conservator, docketing and filing the same, a docket fee of $5.00.
For each cause tried by a jury, a jury fee of $3.00, to be prepaid by the
party calling for the jury; and in case of an application for appoint-
ment of a conservator, when a conservator is appointed, to be taxed
against the estate of the person for whom the conservator is appointed;
and in case of a claim, the cost to be taxed against the unsuccessful
party, and collected as other taxed costs.
FEES AND SALARIES. 223
For entering order, docketing, filing and issuing citation, $1.00.
For issuing and filing subpoena, 25 cents.
For issuing dedimus potestatum, $1.00.
For issuing, docketing and filing executions, $1.00.
For proof of heirship, $1.00.
For writ of attachment, for contempt of court, $1.00.
For every certificate under seal of court issued by clerk, except as
herein otherwise provided, 25 cents.
For discharge of executor, administrators, guardians or conservators,
or any sureties on their bonds, $1.00.
For entering any order not herein otherwise provided for, 50 cents.
For issuing summons and filing same, 50 cents.
For administering each oath, 25 cents.
For recording all papers, instruments, documents and writings re-
quired by law or order of court to be recorded, for each one hundred
words, 10 cents.
For copies or exemplifications of copies and papers for every one
hundred words, 10 cents.
On application for the grant of letters testamentary, of administra-
tion, guardianship, or conservatorship, and on the grant of letters tes-
tamentary, administration, guardianship or conservatorship, there shall
be paid to said probate court from the proper estate and charged as
costs a docket fee of $5.00.
In all cases where any deceased person shall leave him or her sur-
viving a widow or children, resident of this State, who are entitled out
of said estate to a widow's or children's award, and the entire estate, real
and personal, of such deceased person shall not exceed the sum of $1,000
and in the case of any minor whose real and personal estate does not
exceed the sum of $500.00 and whose father is dead, and in all cases of
any idiot, insane person, lunatic or distracted person, drunkard or
spendthrift, when such person has a wife or infant child dependent on
such person for support, and the entire estate of such person shall not
exceed the sum of $1,000.00 the probate judge (by order of court) shall
remit and release to such estate all of the costs herein provided for.
§ 2. The clerk of probate courts shall be entitled in all cases to
demand and receive the payment of all fees for services in advance so
far as the same can be ascertained.
§ 3. All Acts or parts of Acts in conflict herewith are hereby re-
pealed.
Approved June 16, 1909.
224 FEES AND SALARIES.
FEES OF CONSTABLES IN COUNTIES OF FIRST AND SECOND CLASS.
§ 1. Amends section 41, Act of 1872- § 41. As amended, increases
fee for attendance in
circuit court.
(House Bill No. 104. Approved June 8, 1909.)
An Act to amend secton 1+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, in force July 1, 1872;
title as amended by an Act approved March, 28, 1871/., in force July lx
187 Ji, as amended by an Act approved and in force May 17, 1877, be
and is hereby amended so as to read as follows:
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 41 of an Act entitled,
"An Act concerning fees and salaries, and to classify the several coun-
ties of this State with reference thereto," approved March 29, 1872, in
force July 1, 1872; title as amended by Act approved March 28, 1874,
in force July 1, 1874;" as amended by an Act approved and in force
May 17, 1877, be and is hereby amended so as to read as follows:
§ 41. The fees of constables in counties of the first and second class
for any sendee to be rendered by them, shall be as follows :
For advertising property for sale fifty cents.
For attending trial and waiting on a jury, fifty cents.
For each day's attendance in the circuit court when required, to be
paid out of the county treasury, three dollars.
For taking and approving replevin bond, fifty cents.
For taking and approving forthcoming bond, or special bail, fifty
cents.
Commissions on sales, not exceeding ten dollars, ten per cent; and on
the excess of that amount, five per cent; and in cases when an execu-
tion in the hands of any constable shall be settled by the parties or paid,
or when the property levied on shall not be sold, by reason of such set-
tlement or payment, the constable shall be allowed five per cent on the
first ten dollars and two and one-half per cent on the excess. ■
Constables shall be allowed reasonable charges, to be fixed by the
justice, for removing and taking care of property levied on by them,
which in no case shall exceed the actual expense incurred.
For mileage when serving a warrant, summons, subpoena .or other
process, five cents per each mile, each way, for actual distance traveled
by him in making such service, the distance to be computed from the
office of the justice to the residence of each person served.
For mileage in taking a person to jail, from the office of the justice,
ten cents per mile, and all actual and necessary expenses incurred, to be'
paid out of the county treasury.
For serving and returning a summons, thirty- five cents; warrant for
each person served, fifty cents.
For serving and returning a writ of replevin or attachment, for each
person served, fifty cents. x
PEES AND SALARIES. 225
For serving a subpoena, for each person served, twenty-five cents.
For serving venire, fifty cents.
For serving a writ of restitution, in cases of forcible entry and de-
tainer, one dollar, and necessary expenses of assistants, to be determined
by the justice.
For serving and returning each execution, fifty cents.
For serving mittimus, fifty cents.
For serving a warrant on appraisers in cases of estrays, twenty-five
cents.
Approved June 8, 1909.
FEES OF COUNTY CLERKS.
§ 1. Amends section 18, Act of 1872. I [§ 18.] Fixes fees of the
county clerk.
(House Bill No. 297. Approved June 14, 1909.)
An Act to amend section 18 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, 1812, in force July 1, 1872,
title as amended by Act approved March 28, 187 4, in force July 1,
187k-
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 18 of an Act entitled,
"An Act concerning fees and salaries and to classify the several coun-
ties of this State with reference thereto/' approved March 29, 1872,
in force July 1, 1872, be and the same is hereby amended to read as
follows :
§ 18. That the fees of the clerk of the county court (county clerk)
shall be — •
For issuing letters testamentary, of administration, of guardianship
or of. conservatorship and for the issuance, entering and filing and re-
cording any and all process, files, reports, papers or other instruments
pertaining to the execution or administration of the estate of any de-
ceased person, or of the guardianship of any minor, or the conservator-
ship of any defective person in each case, nine dollars in counties of
the first class, and ten dollars in counties of the second class and an
additional sum of six dollars where it becomes necessary to sell or mort-
gage the real estate of any executor, administrator, guardian, or con-
servator of the estate.
For recording each will, fifty cents, and ten cents for each additional
one hundred words, when the instrument contains more than five hun-
dred words, in counties of the first and second class.
In all actions at law, suits or proceedings, either civil or criminal,
in which the county court has concurrent jurisdiction with the circuit
court, and for which services the fees of the circuit clerk are fixed at a
sum total, the fee of the clerk of the county clerk [court] shall be the
same as those fixed for the circuit clerk and as classified therein. ■
-A 5 L
226 FEES AOT3 SALARIES.
For each official copy of any process, file, record or other instrument
of and pertaining to his office, ten cents for each one hundred words
.and twenty-five cents additional for certifying and sealing tne same, in
counties of the first and second class.
For officially certifying and sealing each copy of any process, file, rec-'
ord or other instrument of and pertaining to his office, thirty-five cents,
in counties of the first and second class.
For swearing any person to an affidavit, when the same has no rela-
tion to any matter pending in the county court, twenty-five cents, in
counties of the first and second class.
For issuing each license in all matters except where the fee for the
issuance thereof is otherwise fixed, one dollar, in counties of the first
and second class.
For issuing each marriage license, the certificate thereof and re-
cording the same, one dollar in counties of the first and second class.
For taking and certifying depositions, ten cents for each one hun-
dred words, in counties of the first and second class.
For taking and certifying acknowledgments to any instrument, twen-
ty-five cents, in counties of the first and second class.
For taking proof in cases of estrays and granting certificates of the
same, twenty-five cents, in counties of the first and second class.
For registering each certificate transmitted to him by a justice of the
peace, in cases of estrays, ten cents, in counties of the first and second
class.
For advertisement in such cases, including a cop}r for newspaper pub-
lication, fifty cents, in counties of the first and second class.
For trying and sealing weights and measures by county standard,
fifty cents, in counties of the first and second class.
For cancelling tax sale, and issuing and sealing certificate of redemp-
tion, twenty-five cents, in counties of the first and second class.
For making transcript of taxable property for the assessors, one cent
in counties of the first class, and two cents in counties of the second
class; for each tract of land or town lot, and for extending taxes, one
cent in counties of the first class, and two cents in counties of the second
class; for extending each tax on each tract or lot, and each person's
personal tax, to be paid by the authority for whose benefit the transcript
is made and taxes extended, and it shall be the duty of the county clerk
to certify to the county collector the amount due from each authority
and the collector, in his settlement with such authority, shall reserve
such amount from the amount due and payable to him to such author-
ity. The following fees shall be audited and allowed by the county board -
and paid from the county treasury, and computing and extending State
and county tax therein, for each tract of land, each fown lot and each per-
son's personal property, five cents.
FEES AND SALARIES. 227
For computing and extending school tax, and each other tax or spe-
cial assessment, on each tract or town lot or valuation of personal prop-
erty, for each extension, one cent.
For examining and correcting the assessor's return; for making ab-
stracts of same for the board of supervisors and State Auditor; for
making abstracts of taxes levied on collector's books; and* for auditor's
office, and for computing the accounts of the county treasurer with the
county, and making settlement with such treasurer, the county board
shall allow such reasonable compensation as may be just and right for
such services.
For entering the list of lands and town lots returned by the State
Auditor, on the tract book, for each tract or town lot, two cents. For
attending the sessions of the county board, or county court, ■ six dollars
per day. For recording proceedings of the county board in county
business, for every one hundred words, ten cents. For recording mis-
cellaneous instruments and papers, required by law to be recorded on
the county records, for every one hundred words, ten cents. For issu-
ing each certificate of appointment or commission, the fee for which is
not otherwise fixed by law, twenty-five cents.
ISTo fees shall be allowed to county clerks for making election re-
turns, abstracts of elections, or for other county business not otherwise
provided for in this Act; but the county board shall allow for such ser-
vice an ex officio fee, not in excess of one hundred dollars per annum.
The following fees shall be allowed for services attending the sale
of land for taxes, and shall be charged as costs against the delinquent
property and be collected with the taxes thereon.
For making lists of delinquent lands and town lots for judgment, for
each tract and town lot, three cents.
For making lists of delinquent lands and town lots on precept and
sale and redemption records, for each tract and town lot, three cents,
including service thereon.
For services in attending the tax sale and issuing certificates of sale
and sealing the same, for each tract or town lot sold, twenty-five cents.
For making list of delinquent lands and town lots sold, to be filed with
the State Auditor, three cents.
Approved June 14, 1909.
228 FEES AND SALAEIES.
FEES OF SHERIFFS IN COUNTIES OUTSIDE COOK COUNTY.
§ 1. Amends section 19, Act of 1S72. -I § 19. As amended, increases
fee for attending
court.
(House Bill No. 462. Approved June 14, 1909.)
An Act to amend section 19 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, 1812, in force July 1,
1872; title as amended by an Act approved March 28, 1871^, and in
force July 1, 187J+.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section nineteen (19) of "An
Act concerning fees and salaries, and to classify the several counties of
this State with reference thereto," approved March 29, 1872, and in
force July 1, 18-72, as amended by an Act approved March 28, 1874,
and in force July 1, 1874, be amended so as to read as follows :
§ 19. In COUNTIES OF FIRST, SECOND AND THIRD CLASS. j The fees
of sheriffs in counties of the first and second class shall be as follows :
For serving a writ or summons on each defendant, in counties of the
first class, seventy-five cents; in counties of the second class, sixty-five
cents.
For serving chancery summons and copy, or writ of injunction and
copy, in counties of first class, one dollar ; second class, seventy-five cents.
Tor taking special bail, twenty-five cents in each county.
Tor serving a subpoena on each witness in counties of the first class,
fifty cents ; second class, thirty-five cents.
Tor advertising property for sale, seventy-five cents.
Tor returning each writ or other process, ten cents. Mileage for each
mile of necessary travel to serve any such writ or process as aforesaid,
calculating from the place of holding the court to the place of residence
of the defendant or Avitness, five cents each way.
Tor summoning each juror, in counties of first class, fifty cents ; second
class, thirty cents, with five cents mileage each way in all counties.
Tor serving notice of executions, or levying an execution or serving
an attachment, in counties of first class, seventy-five cents; in second
class, sixty-five cents and mileage five cents each way in all counties.
Tor taking possession of and removing property levied" on, the officer
shall be allowed to tax the actual costs of such possession or removal.
Tor serving and returning a scire facias to revive a judgment, fore-
close a mortgage, or against bail, in counties of first class, seventy-five
cents; in second class, sixty-five cents.
Tor committing each prisoner to jail, in counties of first class, fifty
cents; second class, fifty cents.
Tor discharging each prisoner from jail, in counties of first and
second class, fifty cents.
EEES AND SALARIES. 229
For dieting each prisoner, such compensation to cover the actual costs
as may be fixed by the county board, but such compensation shall not be
considered a part of the fees of the office.
For attending before a judge with prisoner, on a writ of habeas
corpus, in counties of first and second class, two dollars and fifty cents
per day.
For each mile of necessary travel in taking such prisoner before the
judge as aforesaid, five cents each way.
For serving a writ of possession, with the aid of posse comitatus, two
dollars.
For serving same, without such aid, one dollar; mileage in either
case for each mile of necessary travel, five cents each way.
For executing a writ of ad quod damnum, attending the inquest and
returning the writ with the verdict of the jury, two dollars.
For attending the circuit ^and county courts, and for attending the
county court sitting for probate business at request of the judge, the
time to be certified to by the judge, not more than four dollars per day,
to be allowed and paid out of the county treasury.
For executing and acknowledging a deed on sale of real estate, in
counties of first class, one dollar and fifty cents; second' class, one dollar
and twenty-five cents.
For making certificate of sale, and making and filing duplicate, in
counties of first class, for each, sixty cents ; second class, fifty cents.
For making certificate of redemption, seventy-five cents.
For certificate of levy and filing, fifty cents, and the fee for record-
ing shall be advanced by plaintiff in execution and charged up as costs.
For taking all bonds on legal process, in counties of first class, seventy
cents ; second class, sixty-five cents.
For executing • capias in criminal cause, where the offense is infamous,
"three dollars, and mileage for each mile of necessary travel, five cents
each way.
For executing capias where offense is not infamous, in counties of
first class, seventy- five cents; second class, sixty-five cents. Mileage for
each mile of necessary travel, five cents each way.
For executing requisitions from other states, the same compensation
as in executing capias in criminal causes, when the offense is infamous.
For conveying each prisoner from his own count}*- to the jail of- a for-
eign county per mile, for going only, twenty-five cents.
For committing each prisoner to jail under the laws of the United
States, to be paid by the marshal or other person requiring his con-
finement, fifty cents in all counties.
For dieting such prisoner, per day, in counties of first class, sevent}7-
five cents; in second class, sixty-five cents, to be paid by the marshal
or other person requiring his confinement.
For discharging such prisoner, in counties of first and second class,
fifty cents.
For carrying convicts to the penitentiary or reform school, from any
county, the following fees, payable out of the State treasury, viz. :
230 FEES AND SALAEIES.
Where only one convict is conveyed at and after the rate of twenty-
five cents for each and every mile necessarily traveled in going to the
penitentiary or the reform school from the place of conviction. Where
two convicts are conveyed by the said sheriff at the same time, he shall
receive at and after the rate of twenty-five cents per mile for first, and
fifteen cents per mile for the second convict. Where more than two are
conveyed at the same time to the penitentiary or reform school as afore-
said, he shall be allowed twenty-five cents per mile for the first, fifteen
cents per mile for the second, and ten cents per mile for each of the
residue.
For conveying any person to or from any of the charitable institu-
tions of the State, when properly committed by some competent au-
thority, twenty-five cents per mile.
For conveying a convict from the penitentiary to the county jail when
required by law, thirty cents per mile.
For attending Supreme Court, three dollars per day.
In addition to the above fees, there shall be allowed to the sheriffs
in counties of the first and second class, a commission of 3 per centum
on all sales of real and personal estate, which shall be made by virtue
of any execution or any decree of a court of chancery, where the money
arising from such sales shall not exceed two hundred dollars ; but in all
cases where the amount of such sale shall exceed that sum, then one
and one-half per cent commission on the excess only shall be allowed :
Provided, that in all cases where the execution shall be settled by the
parties, replevied, stopped by injunction or paid, or where the property
levied upon shall not be actually sold, the sheriff shall be allowed his
fee for levying and mileage, together with half the commission on all
money collected by him which he would be entitled to if the same was
made by sale or execution ; except the necessary expenses for keeping
personal property, to be ascertained and allowed by the court out of
which the same shall be issued. In all criminal cases where the defend-
ant shall be acquitted or otherwise legallv discharged, without payment
of cost, the sheriff shall be paid such fees from the county treasury:
Provided, that no such fees shall be paid to the sheriff from the
county treasury when the fees collected by him during such year shall
equal the compensation or salary allowed him by the county board : And,
provided, further, that no more of such fees shall in any case be paid
from the county treasury than shall be sufficient, with the fees collected,
to make the salary or compensation of said sheriff. In all cases where
any of the sheriffs of this State shall be required by law to execute anv
sentence or punishment other than imprisonment, for which no fee is al-
lowed bv this Act, it shall be the duty of the county board of the proper
county to allow a reasonable compensation for the same, to be paid out
of the county treasury, not exceeding one hundred dollars. It shall
he the duty of each sheriff entitled to mileage under this Act, to endorse
on each writ, summons, subpoena or other process that he may execute
the distance he may travel to execute the same, ascertaining the distance
FEES AND SALARIES. 231
and the charge properly allowable therefor, in conformity with the
foregoing regulations. (As amended by Act approved May 16, 1905.
In force July.l, 1905. L. 1905, p. 266; Legal News Ed. p. 212.)
Approved June 14, 1909.
FEES OF STATE'S ATTORNEYS.
§ 1. Amends section 8, Act of 1872. | § 8. As amended, adds pro-
viso to paragraphs
three and ten.
(Senate Bill No. 44. Approved June 5, 1909.
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, 1812, in force July 1, 1872,
as amended by Act approved June If, 1889, in force July 1, 1899, title
as amended oy Act approved March 28, 1871/-, in force July 1, 187 If,
as amended by Act approved June If, 1907, in force Jidy 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section eight (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 Act approved June 4, 1889,
in force July 1, 1889, title as amended by Act approved March 28, 1874,
in force July 1, 1874, as amended by Act approved June 4, 1907, in
force July 1, 1907, be and the same is hereby amended so as to read as
follows :
§ 8. State's attorneys shall also be entitled to the following fees:
For each conviction in prosecutions on indictments for murder, man-
slaughter, rape, kidnapping, arson and forgery, $30. All other cases
punishable by imprisonment in the penitentiary, $30.
For each conviction in other cases in courts of record, including cases
brought to such courts by appeal from justices of the peace and police
magistrates, $15 : Provided, however, that no such fees shall be allowed in
any such case tried in the municipal court of Chicago, unless the same be
tried by jury or unless the trial thereof shall occupy more than one full
day, and then only in case the court shall expressly order such fees to
be allowed.
For each conviction in cases before police magistrates and justices of
the peace for offenses which it is made by law the duty of the States'
attorneys to prosecute before such officers, and for each conviction before
justices of the peace and police magistrates on any charge made crim-
inal by the laws of this State prosecuted by them, $5.00.
For preliminary examinations for each defendant held to bail or
recognized [recognizance] $5.00.
For each examination of a party bound over to keep the peace, $5.00.
For each defendant held by a justice of the peace or police magistrate
to answer in a county court on a charge of bastardy, $5.00.
232 FEES AND SALARIES.
For each trial in a court of record on a charge of bastardy, $15.00.
For each case of appeal or writ of error taken from his county or from
the county to which a change of venue is taken to his county to the
Supreme or Appellate Court when prosecuted or defended by him, $50.
For each day actually employed in the trial of a case in a court of
record, $10 ; in which case the judge before whom the case is tried shall
make an order specifying the number of days for which a per diem
shall be allowed : Provided, however, no such per diem shall be al-
lowed in any case tried in the municipal court of Chicago, unless the
trial be by jury.
For each day actually employed in the trial of cases of felony arising
in their respective counties and taken by change of venue to another
county, $10; and the judge before whom the case is tried shall make
an order specifying the number of days for which said per diem shall
be allowed; and it is hereby made the duty of each State's attorney to
prepare and try each case of felony arising when so taken by change
of venue.
For assisting in a trial of each case on an indictment for felony
brought by change of venue to their respective counties, the same fees
they would be entitled to if such indictment had been found for an of-
fense committed in his county, and it shall be the duty of the State's
attorney of the county to which such cause is taken by change of venue
to assist in the trial thereof.
For each case of forfeited recognizance, where the forfeiture is set
aside at the instance of the defense, in addition to the ordinary costs,
$10 for each defendant.
For each proceeding in a court of record to inquire into the alleged
insanity or distraction of any person alleged to be insane or distracted,
$5 for each defendant.
For each proceeding in a court of record to inquire into the alleged
dependency or delinquency of any child, $10.
For each day actually employed in the hearing of a case of habeas
corpus in which the people are interested, $20.
All the foregoing fees shall be taxed as costs to be collected from
the defendant, if possible, upon conviction. But in cases of inquiry
into the sanity or insanity of any person alleged to be insane, in cases
on a charge of bastardy and in cases of appeal or writ of error in the
Supreme or Appellate Court, where judgment is in favor of the ac-
cused, the fees allowed the State's attorney therein shall be retained
out of the fines and forfeitures collected by them in other cases.
Ten per cent of all moneys except revenue, collected by them and
paid oyer to the authorities entitled thereto, which per cent, together
with the fees provided- for herein that are not collected from the parties
tried or examined, shall be paid out of any fines and forfeited recogniz-
ances collected by them.
State's attorneys shall have a lien for their fees on all judgments
for fines or forfeitures procured by them and on moneys except revenue
received by them until such fees and earnings are fully paid.
FEES AND SALARIES. 233
No fees shall be charged on more than ten counts in any one indict-
ment or information on trial and conviction; nor on more than ten
counts against any one defendant on pleas of guilty at the same term
of court.
Approved June 5, 1909.
SALARIES OF COUNTY SUPERINTENDENTS OF SCHOOLS.
§ 1. Amends section 27, Act of 1872. | § 27. Salaries classified.
(House Bill No. 6S8. Approved June 14, 1909.)
An Act to amend section 27 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 Act approved March 28, 1871f, in force
July 1^187 'k, as amended by an Act approved May 16, 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 27 of an Act entitled,
"An Act concerning fees and salaries, and to classify the counties of
this State with reference thereto/' approved March 29, 1872, in force
July 1, 1872; title as amended by Act approved March 28, 1874, in
force July 1, 1874, and as amended by Act approved May 16, 1905, in
force July 1, 1905, be and the same is hereby amended so as to read as
follows :
■ § 27. County superintendents elected hereafter shall receive in full
for their services in counties which, according to the census of 1900,
contained a population not exceeding 12,000, $1,250 per annum; in
counties which, according to the census of 1900, contained a population
of more than 12,000 and not exceeding 20,000, $1,500 per annum; in
counties which, according to the census of 1900, contained a population
of more than 20,000 and not exceeding 28,000, $1,800 per annum; in
counties which according to the census of 1900, contained a population
of more. than 28,000 and not exceeding 36,000, $2,000 per annum; in
counties which, according to the census of 1900, contained a population
of more than 36,000 and not exceeding 50,000, $2,250 per annum; in
counties which, according to the census of 1900, contained' a popula-
tion of more than 50,000 and not exceeding 75,000, $2,500 per an-
num; in counties which, according to the census of 1900, contained a
population of more than 75,000, and not exceeding 100,000, $2,750 per
annum; and in counties which, according to the census of 1900, con-
tained a population of more than 100,000, $7,500 per annum, payable
quarterly from the State school fund : Provided, however, that the
board of supervisors or board of county commissioners may allow ad-
ditional compensation for such services, payable quarterly from tht
county treasury. The Auditor, in making his warrant to any county
for the amount due it from the State school fund, shall deduct from it
231 FIRE ESCAPES — EISH AND GAME.
the several amounts for which warrants have been issued to the county
superintendent of said county since the preceding apportionment of the
State school fund.
Approved June 14, 1909.
FIEE ESCAPES.
EXEMPTION OF CERTAIN MUNICIPALITIES.
§ 1. Adds section 6a to Act of 1899. I § 6a. To what municipalities
Act of 1899 does not
I apply.
(House Bill No. 596. Filed June 16, 1909.)
Ax Act to amend an Act entitled, "An Act relating to- fire escapes''
approved and in force April 21, 1899.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That an Act entitled, "An Act re-
lating to fire escapes," approved and in force April 21, 1899, be and
the same is hereby amended by adding thereto a new section, to be known
as section 6a, which shall read as follows :
[§ 6aA The provisions of this Act shall not be applicable to cities,
villages and towns within the State of Illinois that have, or may by their
proper legislative authority pass or adopt, ordinances, by-laws or resol-
utions governing the kind, number, location, material and construction
of fire escapes to be required on buildings within the corporate limits
of such cities, villages and towns.
Filed June 16, 1909.
The Governor having failed to return this bill to the General Assembly during
its session, and having failed to file it In my office, with his objections, within ten
days after the adjournment of the General Assembly, it has thereby become a law.
Witness my hand this 16th day of June, A. D. 1909.
James A. Rose,
Secretary of State.
FISH AND GAME.
FISHING IN JAKE MICHIGAN.
§ 1. Adds section 8a to Act of 1907. § Sb. License for boat for
fishing — fee.
§ 8a. License for dip net —
fee. I
(House Bill No. 117. June 15, 1909.)
An Act to amend an Act entitled, "An Act to regulate the catching
of whitefish, trout, herring, chubs, longjaws, blackfins, perch and other
rough fish in the waters of Lake Michigan under the jurisdiction of
the Sta+e of Illinois," approved May 17, 1907, in force July 1, 1907,
by adding thereto two new sections to be known as section 8a and
section Sb.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That an Act entitled, "An Act to
FISH AND GAME. 235
regulate the catching of whitefish, trout, herring, chubs, longjaws, black-
fins, perch and other rough fish in the waters of Lake Michigan under
the jurisdiction of the State of Illinois," approved May 17, 1907, in force
July. 1, 1907, be and the same is hereby amended by adding thereto
a new section, to be known as section 8a, to read as follows:
§ 8a. No person shall be permitted to fish with dip net in the waters
mentioned in the first section of this Act without first obtaining a
license so to do from the city clerk- or county clerk of any city or county
bordering upon such waters, which clerks are hereby authorized to issue
such license. For each license for dip net the fee of fifty cents shall be
charged and collected. And each city of [or] county clerk issuing such
license shall be entitled to a fee of ten cents for each license so issued
by him, in addition to the fee above provided for, to be paid by the
party applying for such license. Which payment so made shall license
the person making the same to fish with such dip net at such time as
may be prescribed in this i\.ct. At the time the said payment is made,
the person making the same shall receive from the city or county clerk
a metal tag, which shall be of uniform style and pattern, to be pre-
scribed and furnished by the fish commissioners, and shall attach such
metal tag to said dip net in such manner as to be at all times exposed
to public view. The license fee above provided for shall be paid by said
clerk to the State Treasurer at the end of each. month, and shall be
placed to the credit of the State fish protection fund, and shall be dis-
bursed by the State Treasurer on warrants signed by the State Fish
Commissioners, approved by the Governor and filed with the Auditor
of Public Accounts, who shall draw his warrant therefor on the State
Treasurer. And said license shall exj^ire on the first day of June fol-
lowing its issuance.
§ 8b. No person shall be permitted to use or operate a steam, gaso-
line, sailboat or rowboat for fishing in or upon the waters mentioned
in the first section of this Act without first obtaining a license so to do
from the city clerk or county clerk of any city or county bordering upon
such waters, which clerks are hereby authorized to issue such licenses.
The fee for such licenses to be paid to such clerk in advance shall be
as follows: For each steam tug, $25.00; for each gasoline launch,
$15.00 ; for each sailboat, $10.00 ; for each rowboat, $10.00. And each
city or county clerk issuing any license shall be entitled to a fee of 25
cents for each license so issued by him, in addition to the fee above pro-
vided for, to be paid by the party applying for such license. Which
payment so made shall entitled [entitle] the person making the same to
use and operate such steam tug, gasoline launch, sailboat or row boat,
at such time as prescribed by this Act. The license fee above provided
for shall be paid by the said clerk to the State Treasurer at the end of
each month, and shall be placed to the credit of a fund to be known as
the State fish protection fund, and shall be distributed by the State
Treasurer on warrants signed by the State Fish Commisisoners, ap-
proved by the Governor and filed with the Auditor of Public Accounts,
who shall draw his warrant therefor on the State Treasurer. And said
236
FISH AND GAME.
license [shall] expire on the 1st clay of June following its issue : Pro-
vided, that nothing herein contained shall be construed as limiting or
restraining the right of any person to fish at any time with a hook and
line without any license.
Approved June 15, 1909.
PROTECTION OF GAME.
§ 1. Amends sections 1, 2, 3, 6, 8, 9,
10, 16, 17, 18, 25, 27, 28, and
29 and repeals section 31, Act
of 1903.
§ J. When, where and what
game may be killed —
penalty.
§ 2. When unlawful to bring
or have in possession
— penalty.
§ 3. What birds not to be
killed — penalty — pro-
tection of fruit —
game birds.
§ 6. Selling, etc., after five
days — ■ penalty — pro-
viso.
§ 8. Prosecutions — ■ disposi-
tion of fines.
§ 9. When prosecutions to
be commenced.
§ 10. What not to be killed
for ten years — -excep-
tion.
(House Bill No. 658.
16. State Game Commis-
sioner — game war-
dens.
§ 17.
§ 18.
Powers and duties of
game wardens and
deputies.
Compensation of Game
Commissioner — sal-
aries and expenses of
game wardens — game
protection fund —
propagating farm.
License to hunt— fee —
how obtained — ag-
gregate number taken
or killed — penalty.
§ 27.
Prosecutions
brought.
Hunting on
another.
how
grounds of
§ 29. Penalty for violating
section 28.
§ 29iA. Repeals section 31.
Approved June 15, 1909.)
An Act entitled "An Act to amend sections one (1), two (2) , three
(3), six (6), eight (8), nine (9), ten (10), sixteen (16), seventeen
(17), eighteen (IS), twenty-jive (25), twenty-seven (27), twenty-
eight (28), twenty-nine (29), and to repeal section 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
IS, 1905, in force July 1, 1905, as further amended by an Act ap-
proved May 28, 1907 , in force July 1, 1907.
Section 1. 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), six (6), eight (8), nine (9), ten (10), sixteen (16), seven-
teen (17), eighteen (18), twenty-five (25), twenty-seven (27), twenty-
eight (28), twenty-nine (29), of an Act entitled, "An Act for the pro-
tection of game, wild fowl and birds, and to repeal certain Acts relat-
ing thereto," approved April 28, 1903, in force July 1, 1903, as amended
by an Act of May 18, 1905, in force July 1, 1905, as further amended
by an Act approved May 28, 1907, in force July 1, 1907, be and the
same is herebv amended to read as follows :
FISH AND GAME.
§ 1. It is hereby declared to be unlawful to hunt, kill, net, entrap,
ensnare, destroy or attempt to hunt, kill, net, entrap, ensnare or destroy,
or have in possession any Bobwhite quail from the 10th day of Decem-
ber to the 10th day of November (both inclusive) of each succeeding
year; nor more than twelve by one person in one day; or any ruffed
grouse (partridge), pinnated grouse (prairie chicken), Mexican Blue
quail, California Mountain quail, California Valley quail, Hungarian
partridge, Capercalzie or Heath grouse (Black grouse), for the period
of four years from and after July 1, 1907 ; or any Wood cock or Mourn-
ing dove from the 30th day of November to the first day of August
(both inclusive) of each succeeding year; or any Gray, Red fox or
Black squirrel from the 15th day of November to the first day of June
of each succeeding year; or any of the order of the Limicola? or shore
birds, commonly known as the Jack snipe, Wilson's snipe, Sand snipe,
or any kind of snipe, or any Golden plover, Upland plover, or any kind
of plover, from the first day of May to the first day of September (both
inclusive) of any year, nor more than fifteen by one person in one day.
And it shall be unlawful to kill, hunt, ensnare, entrap, or attempt to
kill, hunt,' ensnare, entrap or otherwise destroy any wild goose, duck,
brant, coot (mud hen), rail or other water fowl at any time from the
15th day of April to the 1st day of September (both inclusive) of each
year. And it shall be unlawful to hunt, kill, entrap, ensnare, or at-
tempt to hunt, kill, entrap, ensnare, or otherwise destroy any wild
goose, duck, brant, coot, rail or other waterfowl between the sunset of
any day and the sunrise of the next succeeding day at any period of the
year. And it shall further be unlawful at any time to hunt, kill, entrap,
ensnare or attempt to hunt, kill, entrap or ensnare or otherwise destroy
any wild goose, brant, duck, coot, rail or other water fowl from any fixed
or artificial ambush beyond the lines of natural covering of reeds, canes,
willows, flags, crooked brush, wild rice, or other vegetation above the
water of any lake, river, bay or inlet or other water course wholly within
the State; or with the aid or use of any device commonly called sneak
boat, sink box or other device for the purpose of concealment in the
open waters of this State.
And it shall be unlawful to bait or feed or attempt to bait or feed
any wild goose, brant, duck, coot, rail or other water fowl with any kind
of grain or seeds for the purpose of killing, ensnaring or entrapping, or
attempting to kill, ensnare or entrap said fowl within the jurisdiction
of this State.
And it shall further be unlawful to shoot, kill or destroy, or attempt
to shoot, kill or destroy, any wild goose, duck, brant, coot, rail or other
water fowl with a swivel gun or from any sail boat, gasoline or electric
launch or steam boat at any time in any part of the water of any lake,
river, bay or inlet or other water course wholly within this State : Pro-
vided, that it shall be unlawful to kill, entrap, ensnare, or otherwise de-
stroy any of the duck, geese, brant, coot, rail or other water fowl, or any
of the order of the Limicolge or shore birds commonly known as Jack
238 FISH AND GAME.
snipe, Wilson's snipe, Sand snipe, or any kind of snipe, or any Golden
plover, Upland plover or any kind of plover mentioned in this section, at
any time for market or other commercial purposes, nor more than
fifteen duck, ten geese, ten brant, twenty coots, twenty rails or other
water fowl, by one person in one day.
Any person or persons so offending shall for each and every offense
be deemed guilty of a misdemeanor and on conviction shall be fined in
any sum not less than fifteen nor more than fifty dollars and costs of
suit, and shall stand committed to the county jail until such fine and
costs are paid : Provided, that such imprisonment shall not exceed ten
days, and the killing of each bird or animal herein specified shall be
deemed a separate offense: Provided, that nothing in this section shall
be construed to prevent the State Game Commissioner or his wardens
or deputies from hunting, ensnaring or entrapping any of the game
birds or animals in this section mentioned and transmitting them to
other sections of the State where a scarcity of these game birds or
animals exists, for the purpose of propagating and restocking said sec-
tions of the State : And, provided, further, that before hunting, ensnar-
ing or entrapping, said State Game Commissioner, bis wardens or dep-
uties, must first obtain the consent in writing of the tenant or land-
owners from whose premises said game birds and animals are taken.
§ 2. It shall be unlawful for any person to buy, sell, or have in his
or her possession any of the animals, wild fowl or birds mentioned in
section 1 of this Act at any time when the killing, trapping, netting and
ensnaring of such animals, wild fowl or birds shall be unlawful. And
it shall further be unlawful for any person or persons at any time to
buy, sell or expose for sale, or to have in his or their possession for the
purpose of selling, any wild duck, goose, brant, shore bird, Bobwhite
quail, Mexican blue quail, California mountain quail, California valley
quail, Hungarian partridge, Capercalzie, Heath grouse (Black grouse),
Buffed grouse or partridge, gray, red fox or black squirrel or wild
turkey, except that they shall have been imported from other states as
hereinafter provided for, and then only between the first day of October
and the first day of February of the following 3^ear. And it shall fur-
ther be unlawful for any person, corporation or carrier to receive for
transportation, to transport, carry or convey any of the aforesaid quail,
pinnated grouse or prairie chickens, ruffed grouse or partridge, squir-
rel, duck, goose, brant, shore bird, Hungarian partridge, Capercalzie
Heath grouse or wild turkey that shall have been caught, ensnared, en-
trapped or killed within the limits of this State; and it shall be prima
facie evidence that the having in possession of the aforesaid game birds
or animals that the same were caught, ensnared, entrapped or killed
within the limits of this State; or to transport, carry or convey the
same to any place where it is to be sold or offered for sale, or to any
place outside of this State for any purpose except such person have a
license from this State so to do. And any person guilty of violating any
of the provisions of this section shall be guilty of a misdemeanor and on
FISH AND GAME. 239
conviction thereof shall be fined not less than twentj^-five dollars nor
more than one hundred dollars for each and every offense, and shall
stand committed to the county jail not exceeding ten . days, or until
such fine and costs are paid: Provided, that the buying, selling or ex-
posing for sale, having in possession for sale, transporting or carrying
and conveying contrary to the provisions of this section of each and
every animal or bird forbidden herein shall be deemed a separate offense.
§ 3. Any person who shall, within the State, kill or catch, or have
in his or her possession, living or dead, any wild bird, or part of Bird,
other than a game bird, English sparrow, crow, crow blackbird, chicken
hawk or other hawks, blue jay, or who shall purchase, offer or expose
for sale, any such wild bird, or part of bird, after it has been killed or
caught, shall for each offense, be subject to a fine of five dollars for
each bird killed or caught or had in his or her possession, living or dead,
and shall stand committed to the county jail until such fine and costs
are paid : Provided, that such imprisonment shall not exceed ten days :
Provided, further, that nothing in this section shall be construed to pre-
vent the owner or occupant of lands from destroying any such birds or
animals when deemed necessary by him for the protection of fruits and
property. For the purpose of this Act the following, only, shall be con-
sidered game birds : The Anatidae, commonly known as swan, geese,
brant, river and sea ducks; the Ballidse, commonly known as rail, and
the Gallinules and Limicolse, commonly known as shore birds, plover,
surf birds, snipe, wood cock and pipers, tattlers and curlews; the Cali-
nane, commonly known as wild turkey, grouse, prairie chicken, pheas-
ant, partridges, quail and mourning dove.
§ 6. No person or persons shall buy, sell or expose for sale, or have
in his or their possession for the purpose of selling or exposing for sale,
any of the animals, wild fowl or birds mentioned in section 1 of this
Act, after the expiration of five days next succeeding the first day of
the period in which it shall be unlawful to kill, entrap or ensnare such
animals, wild fowl or birds; nor shall any of such animals, wild fowl or
birds be sold or offered for sale during the first two days of the open
season. Any person so offending shall, on conviction, be fined and dealt
with as specified in section 1 of this Act, and the buying, selling or
exposing for sale or having same in possession for the purpose of selling
or exposing for sale any of the animals or birds mentioned in this sec-
tion after the expiration of the time mentioned in this section, shall be
prima facie evidence of the violation of this Act: Provided, that the
provisions of this section shall not apply to the killing of birds by or for
the use of taxidermists for preservation, either in public or private
collections, if so preserved : Provided, further, that nothing contained
in this section shall be construed as modifying or being in conflict with
Section 2 of this Act, or authorizing or legalizing the sale or exposing
for sale, transportation or receiving for transportation, any of the ani-
mals, birds or game as therein prohibited : And, provided, also, that
the inhabitants of this State may receive game from other States legally
240 FISH AND GAME.
killed., entrapped or ensnared and expose and sell the same on the mar-
ket between the first day of October and the first day of February of
each year.
§ 8. All prosecutions under the provisions of this Act, except as
otherwise herein provided, shall be brought by any person in the name
of the People of the State of Illinois against any person or persons
violating any of the provisions of this Act, before any justice of the
peace of any county, (and said justice may, on proper evidence of guilt,
bind said violator over to the grand jury), or before any court of compe-
tent jurisdiction; and it is hereby made the duty of the State's at-
torneys to see that the provisions of this Act are enforced in their re-
spective counties; and they shall prosecute all offenders on receiving
information of the violation of any of the provisions of this Act; and
it is made the duty of the sheriff, constable and police officers to in-
form against all persons whom there is a probable cause to believe are
guilty of violating any of the provisions of this Act; one-half of the
amount recovered in any penal action under the provisions of this
Act shall be paid to the person filing the complaint in such action, and the
remaining one-half to the Game Protection Fund.
§ 9. All prosecutions under this Act shall be commenced within
one year from the time such offense was committed, and not afterward.
§ 10. That- it shall be unlawful for any person in the State of Illi-
nois, for and during the period of ten years from the passage of this
Act, to injure, take, kill, expose or offer for sale, or have in possession,
except for breeding purposes, any wild buck, doe or fawn: Provided,
that any person who breeds and raises deer for market where the same
has been bred and raised within an enclosure, may kill and sell the
same from October 1st to February 1st; and for six years from and after
the first day of July, 1907, any wild turkey, English ring neck pheasant,
Chinese ring neck pheasant, Green Japanese pheasant, Copper pheasant,
Soemmering pheasant, Tropagon pheasant, Silver pheasant, Golden
pheasant, Beeves pheasant, Elliott pheasant, Hungarian pheasant, Swin-
hoe pheasant, Amherst pheasant, Melanote pheasant, Impeyan pheasant,
Argus pheasant; or any Cacabis and Chucker partridge, or any Sand
grouse and Black Indian partridge : Provided, that cock pheasants
may be killed and sold from the 1st day of November to the 1st day of
February of each and every year, by the breeders thereof, upon a permit
issued to them by the State Game Commissioner. Any person violating
the provisions of this section shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine of not less than fifty
dollars nor more than one hundred dollars, and in default of the pay-
ment of the fine imposed shall be imprisoned in the county jail at the
rate of one day for each dollar of. the fine imposed. The one-half of all
the fines imposed and collected under this Act shall be paid to the in-
former and the balance shall be paid to the State Game Protection
Fund.
§ 16. In order that the provisions of this Act may be more fully
carried out the Governor of the State shall appoint one State Game Com-
»
FISH AND GAME. 241
missioned whose term of office shall be for the period of incumbency
of the Governor appointing him, or until his successor is appointed,
whose duty it shall be to secure the enforcement of all the statutes of
the State for the preservation of game and birds, or bring or cause to be
brought, actions and proceedings in the name of the People of the State
of Illinois to recover any and all tines and penalties provided for in such
laws relating to game and birds and to prosecute all violators of said
statute. The Game Commissioner is empowered to appoint by and with
the approval of the Governor sixteen game wardens who shall have no
other employment or business. They shall devote their entire time to
the work of game protection and shall travel over the State in all seasons
for this purpose under the direction of the State Game Commissioner.
Such appointment shall be for efficient service only and regardless of
political influence. The State Game Commissioner is also authorized
to appoint two deputy game wardens for each county of the State and
as many special deputy game wardens as in his opinion is necessary for the
proper enforcement of the law. They shall have authority with the
State Game Commissioner in the enforcement of the game laws of the
State, relative' to game and birds throughout the State, and shall be
immediately responsible to the State Game Commissioner, and shall
report to and receive their instructions from him. Such game wardens
and deputy game wardens shall be subject to removal by the State Game
Commissioner at any time.
§ 17. Such State Game Commissioner, game wardens and their
deputies shall have full power to execute and serve all warrants and pro-
cesses of law issued by any justice of the peace or police magistrate, or
by any court having jurisdiction under the law relating to the game
in the same manner as any constable may serve and execute such pro-
cesses of law issued by any justice of the peace or police magistrate, or
by them actually violating any of the provisions of the laws of the State
relating, to game and birds, and may take such person so offending be-
fore any court having jurisdiction of the offense and make proper com-
plaint before such court which shall proceed with the case in the manner
and form provided by the law for misdemeanors. It shall further be the
duty of such State Game Commissioner, game wardens or their deputies,
upon receiving any information that any law relative to game and birds
has been violated, to immediately cause a thorough examination of such
complaint to be made, and to cause proceedings to be instituted if the
proof at hand warrants; and all sheriffs, deputy sheriffs, coroners and
police officers of the State shall, each and every one of them, assist the
State Game Commissioner, game wardens and their deputies in the
enforcement of the State Game Law, the same as it is their duty to as-
sist in the enforcement of other laws and such State Game -Commis-
sioner, game wardens and deputy game wardens shall seize on sight,
without process, any game found in the possession of any person or cor-
poration which is so in possession contrary to law.
— 1G L
242 FISH AND GAME.
§ 18. Such State Game Commissioner shall receive a salary of
twenty-five hundred dollars per year and his actual expenses and dis-
bursements while traveling in the line of his duties, and together there-
with the compensation hereinafter provided to be paid him for person-
ally superintending the State Game Farm.
He shall also be allowed such printing, stationery, postage, office rent,
office furniture and supplies, clerical and other assistance, not to ex-
ceed ten employes, as is necessary to enable him to properly perform the
duties of State Game Commissioner and carry out the provisions of this
Act.
The game wardens provided for in this Act shall receive nine hundred
dollars per annum, payable monthly. In addition to the salary per
annum provided for, such game wardens shall receive their actual and
necessary expenses incurred while working under the direction of the
State Game Commissioner.
The deputy game wardens appointed for any county shall receive a
per diem, when actually employed, not exceeding two dollars per day and
necessary traveling expenses, to be fixed by the State Game Commis-
sioner. Special game wardens appointed under this Act shall serve
without pay, except that they shall receive one-half of all fines recovered
for violations of this Act in cases where they have filed the complaint ; the
remaining one-half of the fine to be paid into the State Game Protection
Fund, and in cases where the violator does not pay a fine but is com-
mitted to jail, said deputy and special game wardens shall be reimbursed
for their actual exj)enses ; but such expenses shall not be paid in any case
other than game cases or cases relating to license.
Should the State Game Protection Fund become exhausted during any
year the State Game Commissioner shall have the power and authority
to suspend any number or all game wardens or deputies until such fund
is again replenished.
Should the State Game Protection Fund become exhausted during any
Fund, over and above the amount necessary for the operating expenses
of the department, the State Game Commissioner shall have the power
and authority to use such surplus for the maintenance of a propagating
farm for all species of game birds and animals. He is hereby author-
ized to lease the necessary land for the purpose of propagation, to bs
known as the State Game Farm, and to raise the necessary food for the
game; also to erect and build the necessary fences, buildings, pens and
coops for the above mentioned purposes, and as superintendent of
the farm he shall be paid one hundred dollars ($100) per month and
living expenses, provided he personally performs the duties. He shall
have the authority to engage game keepers and assistants not to exceed
one person for every five hundred game birds and animals reared. He
is further empowered to purchase foreign and domestic game birds and
animals for the purpose of restocking sections of the State where there
exists a scarcity of the above mentioned game.
All money used for the payment of salaries, expenses and other dis-
bursements mentioned in this section, including the salary of the State
FISH AND GAME. 2-A3
Game Commissioner, shall be taken from and charged to the State Game
Protection Fund, and the Auditor of Public Accounts is hereby author-
ized and directed to draw warrants for the same upon the presentation
of proper vouchers certified to by the State Game Commissioner and ap-
proved by th,e Governor, and the State Treasurer shall pay the same out
of the State Game Protection Fund.
§ 25. For the purpose of increasing the State Game Protection Fund
and preventing unauthorized persons from killing game and birds, no
person or persons shall at any time hunt, pusue or kill with gun, rab-
bits or any of the wild animals, fowl or birds that are protected during
any part of the year without first having procured a license so to do,
and then only during the respective periods of the year when it shall be
lawful. . Said license shall be procured from any county, city or village
clerk in the following manner, to-wit : The applicant shall fill out a
blank application to be furnished by the State Game Commissioner to
the clerk of each county, city or village stating name, age, occupation
and place of residence of applicant; said application shall be subscribed
and sworn to by the applicant before said county, city or village clerk,
and it is hereby expressly provided that if said county, city or village
clerk fails to administer the oath as herein provided, or antedates any
license, he shall be subject to a fine herein provided for each and every
offense, the same to be recovered in any court of competent jurisdiction.
And said applicant, if a non-resident of the State of Illinois, shall pay
to the county clerk the sum of twenty-five dollars as a license fee,_ to-
gether with the sum of fifty cents as the fee of said county clerk for ad-
ministering the oath to the applicant and issuing said license; and if
a resident of the State of Illinois, shall pay to the county, city or vil-
lage clerk, the sum of seventy-five cents as a license fee, together with
the sum of twenty-five cents as the fee of said county, city or village
clerk for administering the oath to the applicant and issuing said license.
Said license shall bear the signature of the State Game Commissioner
and the seal of the county, city or village in which the same is issued
and be countersigned by the said clerk. And such licensee, if a non-
resident, is hereby authorized to take .from the State not to exceed in
the aggregate, fifty birds of all kinds killed by himself or herself which
shall be carried openly for inspection, together with his or her license.
The number of game birds or animals that may be killed in any one
day by one person is hereby limited to fifteen ducks, ten geese, ten
brant, twenty coots, twenty rails, or other water fowl. The number of
the Limicolae or shore birds that may be killed by one person in one
day is hereby limited to fifteen, and fifteen game birds of any other one
kind, except Bobwhite quail, ruffed grouse (partridge), pinnated grouse
(prairie chicken), Mexican Blue quail, California A^alley quail, Cali-
fornia Mountain quail, wild turkey, English King neck pheasants,
Chinese Eing neck pheasants, Green Japanese pheasants, Copper pheas-
ants, Soemmering pheasants, Tropagon pheasants, Silver pheasants.
Golden pheasants, Reeves pheasants, Elliott pheasants, Hungarian
214 FISH AND GAME.
pheasants, Swinhoe pheasants, Amherst pheasants, Melanote pheasants,
Impeyan pheasants and Argus pheasants. The number of Mourning
doves and squirrels that may be killed in any one day by one person is
hereby limited to fifteen.
The license fees above provided for shall be paid by the' eaid clerks to
the State Treasurer at the end of each month and shall be placed to
the credit of a fund to be known as the State Game Protection Fund,
and shall be disbursed by the State Treasurer on vouchers certified to
by the State Game Commissioner and approved by the Governor and
filed with the Auditor of Public Accounts who shall draw his warrant
therefor on the State Treasurer.
Every license issued shall be signed by the licensee in ink, and as
aforesaid, shall entitle the person to whom issued to hunt, pursue and
kill game within the State at any time when it shall be lawful to hunt,
pursue and kill such game, and no person to whom a license has been is-
sued shall be entitled to hunt, pursue or kill game or rabbits in this
State without at the time of such hunting, pursuing and killing of
game he or she shall have such license in his or her name and upon his
or her person ready to exhibit the same for inspection, and such license
shall be void after the 1st day of June next succeeding its issuance : Pro-
vided, that the owner or owners of farm lands, their children (if resi-
dents of the State), or tenants shall have the right to hunt and kill
game on the farm lands "of which he or they are the bona fide owners
or tenants during the season when it is lawful to kill game without pro-
curing such resident license.
Any person found guilty of violating any of the provisions of this
section shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in any sum not less than twenty-five dollars nor
more than fifty dollars for each and every offense and shall stand com-
mitted to the county jail until such fine and costs are paid, but such
imprisonment shall not exceed thirty days for each offense ; or such
person may be proceeded against in an action of debt in the name of
the People of the State of Illinois for the recovery of the penalty herein
prescribed.
§ 27. All prosecutions for the violation of the provisions of the Act
relating to license shall be brought by any person in the name of the
People of the State of Illinois against any person or persons violating
any of the provisions of this Act so far as it relates to licenses, before
any court of competent jurisdiction; and it is hereby made the duty of
all State's Attorneys to see that the provisions of this Act are enforced
in their respective counties, and they shall prosecute all offenders on re-
ceiving information of the violation of any of the provisions of this
Act; and it is made the duty of all sheriffs, deputy sheriffs, constables
and police officers to inform against all persons whom there is a reason-
able cause to believe are guilty of violating any of the provisions of this
Act; one-half of the amount recovered in [any] penal action under this
Act in so far as it relates to license, shall be paid to the person filing
the complaint in such action, and the remaining one-half to the State
FISH AND GAME FORESTRY. 215
Game Protection Fund; the moneys for such fund shall be by the magis-
trate or court before whom the case is tried at once transmitted to the
State Treasurer and placed by him to the credit of said fund.
§ 28. It shall be unlawful for any persons to hunt, with gun or dog,
or allow their dogs to hunt, within or unon the grounds or lands of
another without first obtaining from the owner, agent or occupant of
such lands or grounds his, her or their permission so to do.
§ 29. Any person or persons violating section 28 of this Act shall
be deemed guilty of a misdemeanor and shall, upon conviction, forfeit
his license and may be prosecuted in the name of the People of the State
of Illinois before any justice of the peace or by indictment or informa-
tion in any court in any county:. Provided, that in all such prosecu-
tions the owner or owners or persons in possession of said grounds or
lands shall not be required to prove title to the grounds or lands in con-
troversy.
§ 29y2. Section 31 of an Act entitled, "An Act for the protection
of game, wild fowl and birds, and to repeal certain Acts relating there-
to," approved April 28, 1903, in force July 1, 1903, as amended by an
Act of May 18, 1905, in force July 1, 1905, as further amended by
an Act approved May 28, 1907, in force July 1, 1907, be and the same
is hereby repealed.
Approved June 15, 1909.
FORESTRY.
FOREST PRESERVE DISTRICTS.
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ S
Incorporation.
Board of commissioners.
Power — officers and employes —
salaries.
Record — report.
Ordinances, orders and resolu-
tions.
Pleasure driveways — traffic
roadway — speed.
Acquisition of land — tax levy —
bonds — limitation of indebt-
edness.
§ 9. Annexing territory.
§ 10. Duties of president — when
"yeas" and "nays" required.
§ 11. Civil service.
§ 12. Acquiring- easements, etc. — dis-
posal of land.
§ 13. Public building's — flora and
fauna.
§ 14. Repeals Act of 1905.
§ 15. Submission to vote — form of.
ballot.
Qualification of members.
(Senate Bill No. 358. Approved June 16, 1909.)
An Act to provide for the creation and management of Forest Preserve
Districts and repealing a certain Act therein named.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That whenever any area of contigu-
246 FORESTRY.
ous territory contains within its boundaries one or more cities, towns or
villages and lies wholly within one county, such territory may be in-
corporated as a forest preserve district in the following manner, to-wit :
Any one thousand legal voters residing within the limits of such pro-
posed district may petition the county judge of the county in which
such proposed district lies to cause the question to be submitted to the
legal voters of such proposed district whether or not it shall be or-
ganized as a forest preserve district under this Act. Such petition shall
be addressed to the county judge of the county in which such proposed
forest preserve district is situated and shall contain a definite descrip-
tion of the territory intended to be embraced in such district and the
name of such district. Upon the filing of such petition in the office,
of the clerk of the county court of the county in which such territory
is situated, it shall be the duty of such county judge to fix a day and
hour for the public consideration thereof, which shall not be less than fif-
teen days after the filing of such petition and in the event two or more
petitions are filed under the provisions of this Act, the public hearing
of all said petitions shall be set for the same day and hour. Said county
judge shall cause a notice of the time and place of such public consid-
eration to be published three successive days in some newspaper hav-
ing a general circulation in the territory proposed to be placed in such
district, the date of the last publication of such notice shall not be less
than five clays prior to the time set for such public hearing. At the
time and place fixed for such public hearing, said county judge shall
sit and hear any person owning property in such proposed district who
desires to be heard and shall at such period determine and fix the boun-
daries of such proposed district as shall to him seem to be for the best
interests of all parties concerned. - Should two or more petitions be
filed under this Act and come on for hearing at the same time said
county judge may include part or all of the territory described in each
of said petitions in one district and shall fix such name for said district
so defined as to him shall seem' appropriate : Provided, however, that
only one forest preserve district may be created in any county. Upon
the determination by said county judge of the territory to be embraced
in such district and the name to be given thereto, such county judge
shall cause to be entered upon the records of the county court of such
county an order fixing and defining the boundaries and the name of such
proposed district and thereupon he shall order to be submitted to the
legal voters of such proposed district at any special or general election
held therein the question of the creation of such proposed district. In
ordering such election such county judge shall proceed in the same man-
ner as is provided in the Act governing the organization of cities and
villages in unincorporated territory. The returns of such election shall
be made to the county judge of such county and shall be canvassed by
such county judge, who shall cause a statement of the result of such
election to be entered upon the records of the county court of such coun-
FORESTRY. 24.7
ty and if a majority of the votes cast upon such question is found to
"be in favor of a creation of such forest preserve district, such forest
preserve district shall thenceforth be deemed an organized forest pre-
serve district under this Act.
§ 2. All courts shall take judicial notice of all forest preserve dis-
tricts organized under this Act. The affairs of such district shall be
managed by a board of commissioners consisting of a president and four
commissioners, all of whom shall be appointed by the president of the
board of county commissioners or the chairman of the board of super-
visors of the county in which such proposed forest preserve district is
situated, by and with the advice and consent of the members of such
board. The first appointment shall be made within sixty days after
such forest preserve district has been created as provided herein. Each
member of such board shall be a legal voter in such district. At the
time of the making of the first appointments, the president shall be ap-
pointed for a term of four years, two members for a term of two years
each and two members for a term of four years each and until their
successors pre appointed and qualified and at the expiration of the term
of the president or any member, his successor shall in like manner be ap-
pointed for a term of four years and until his successor is appointed and
qualified : Provided, that no more than three members of such board
shall be of the same political party. Each member of the board before
entering upon the duties of his office shall take the oath prescribed by
the constitution.
From the time of the appointment of the first board of commissioners,,
such forest preserve district shall be construed in law and equity a body
corporate and politic by the name and style determined by the county
judge as aforesaid and by such name may sue and be sued, contract and
be contracted with, acquire and hold real and person [al] estate necessary
for its corporate purposes and adopt a seal and alter the same at its-
pleasure.
§ 3. The board of commissioners appointed in pursuance of the pro-
visions of this Act shall be the corporate authority of such forest preserve
district and shall have power to pass and enforce all necessary ordi-
nances, rules and regulations for the management and conduct of the
business and property of such district. Such board shall have power
to appoint a secretary and treasurer and such other officers and such em-
ployes as may be necessary, all of whom, except the treasurer, shall be
under civil service rules and regulations, as provided for hy section 11
of this Act.
The president shall receive a salary not to exceed the sum of twenty-
five hundred dollars per annum and the salary of other members of the
board shall not exceed fifteen hundred dollars per annum. Salaries of
the commissioners, officers and employes shall be fixed by ordinance.
§ 4. The board of commissioners shall keep a record of all ordi-
nances and other proceedings which shall be open to the inspection of any
person residing in such district at all reasonable and proper times. The
248 FORESTRY.
board of commissioners shall report annually to the board of county
commissioners or the board of supervisors of the county in which such
district is located, the revenues received, expenditures made, land ac-
quired, with the progress of construction work, the condition of the
property and such other matters as may have been acted upon by the
board during the previous year.
§ 5. All ordinances imposing any fine or penalty or making any
appropriation of money, shall within ten days after their passage, be pub-
lished at least once in some newspaper published in such district or
having a general circulation therein to be designated by the board of
commissioners and no such ordinance shall take effect until ten clays after
it is so published. All other ordinances and all orders or resolutions shall
take effect from and after their passage unless otherwise provided therein.
All ordinances, orders and resolutions and the date of publication thereof
may be proven by the certificate of the secretary of such district under
the seal of the corporation and when printed in book or pamphlet form
and published by authority of such board of commissioners, such book
or pamphlet shall be received as evidence of the passage and publication
of such ordinances, orders and resolutions as of the date mentioned in
such book or pamphlet in all courts and places without further proof.
§ 6. The board of commissioners of any such forest preserve district
shall have power to designate by ordinance the whole or any part of any
streets, roads, boulevards or other highways within the limits of such
district as public driveways to be used for pleasure driving and to im-
prove and maintain the same ; also to lay out, establish, open, alter,
widen, extend, grade, pave or otherwise improve and maintain such
pleasure driveways : Provided, that in all cases where traffic teams are
excluded from such pleasure driveways there shall be a separate road-
way for the use of traffic, teams and vehicles along or parallel to such
pleasure driveway, to be kept and maintained at the expense of such
district: And, provided, further, no such pleasure driveway shall fall
within the territory embraced within any public park district of any
city, village or incorporated town organized under any law of this
State without the consent of the corporate authorities of such park dis-
trict, city, village or incorporated town. The board of commissioners
of such forest preserve district may by ordinance regulate and control
the speed of travel on such pleasure driveways and shall prohibit the
use of such driveways for racing or speeding purposes and may exclude
therefrom traffic teams and vehicles and may, by ordinance, prescribe
such fines and penalties for the violation of their ordinances as cities
and villages are allowed to prescribe for the violation of their ordinances.
The board of commissioners may lay out, extend, maintain and improve
pleasure driveways under the provisions of any law authorizing local
improvements by cities or villages now or hereafter in force.
FORESTRY. 249
§ T. The board of commissioners of every such district shall have
power to acquire by gift, grant, devise or purchase or by condemnation
any and all grounds and lands necessary for constructing, building,
laying out and maintaining such pleasure driveways and forest preserves
as it may deem proper or desirable : Provided, no lands thereby acquired
shall lie within the limits of any public park district, except upon the
consent of the corporate authorities of such park district. The board
of commissioners shall have power to raise money by general taxation
for the purpose of acquiring, improving and maintaining pleasure drive-
ways and forest preserves and power to borrow money upon the faith
and credit of such district and to issue bonds therefor : Provided, how-
ever, such districts shall not become indebted in any manner or for
any purpose, to an amount including existing indebtedness in the ag-
gregate exceeding one per centum of the value of the taxable property
therein, as ascertained by the last equalized assessment for State and
county purposes. Before or at the time of issuing any bonds, the board
of commissioners shall provide, by ordinance, for the collection of an
annual tax sufficient to pay the interest on such bonds as it falls due,
and to pay such bonds as they mature. All bonds issued by any forest
preserve district shall be divided into series, the first of which shall
mature not later than five years after the date of issue, and the last of
-which shall mature not later than 20 years after the date of issue.
All general taxes levied by the board of commissioners of any forest
preserve district, shall be levied at the same time and in the same
manner as taxes are levied for city and village purposes : Provided,
that the aggregate amount of taxes levied for any one year, exclusive of
the amount levied for the payment of interest on and principal of
"bonded indebtedness, shall not exceed the rate of one mill on each dol-
lar. All moneys collected under the provisions of this Act shall be
paid to the treasurer of such district.
§ 8. Whenever any person holding the office of president or com-
missioner of any such district shall, from any cause, cease to be a legal
voter within such district, his office shall thereupon become vacant,
■and a successor shall be appointed for the remainder of his term as
other members of the board of commissioners are appointed.
§ 9. Any territory adjoining any forest preserve district organized
hereunder, may become a part of such district in the following manner :
Upon the filing with the county judge, of the county in which such dis-
trict is located, of a petition signed by not less than ten per cent of the
legal voters residing within the territory proposed to be annexed, such
county judge shall submit at the next general election held in the terri-
tory so proposed to be annexed, the question of such annexation,
.and if a majority of the votes cast upon such question shall be in favor
250 FORESTRY.
of such annexation, when such votes are canvassed in the manner pro- .
vided for the canvass of the votes upon the creation of a forest preserve
district, such territory so proposed to be annexed shall become and be
a part of such forest preserve district.
§ 10. The president of the board of commissioners of any district
organized hereunder, shall preside at all meetings of the board and be the
executive officer of such district ; he shall sign all ordinances, resolu-
tions and other papers necessary to be. signed and shall execute all con-
tracts entered into by such district and perform such other duties as may
be prescribed by ordinance; he shall have the right to veto any ordi-
nance : Provided, that such veto shall be filed with the secretary of such
board within five days after the passage of such ordinance and when so
vetoed such ordinance shall not be effective unless the same be again
passed by the unanimous vote of all the members of such board. The
president shall be entitled to vote only in case of a tie ; in the temporary
absence or inability of the president, the commissioners may elect from
their own number a president pro tern.
The "yeas" and "nays" shall be taken upon the passage of all ordi-
nances and all proposals to create any liability or for the expenditure
or appropriation of money and in all other cases at the request of any
member of the board and shall be entered on the journal of the board's
proceedings, and the concurrence of a majority of all the members ap-
pointed to the board shall be necessary to the passage of any such ordi-
nance or provision.
§ 11. Whenever the county in which any such forest preserve dis-
trict is located shall be governed by any law regulating its civil service
and the method of selecting its employes, in every such case all em-
ployes of such forest preserve district except the treasurer shall be se-
lected in the manner provided by the law regulating the civil service in
such county and all such employes shall be subject at all times to the
provisions of such Act.
§ 12. The board of commissioners shall have power to acquire title
to any land abutting on or in the vicinity of such forest preserve district
or pleasure driveway, or such easements and rights in or over any such
land as may be necessary or appropriate to control the surroundings of
such district or pleasure driveways and for such purpose the board of
commissioners of such forest preserve district may, by gift, devise, dedi-
cation, purchase or condemnation, acquire any lands or easements. In
all cases where any such district acquires any land or easements by
condemnation, the title thereto shall be in fee simple absolute and such
title [shall] not terminate or be defeated by cessation or abandonment
of the use for which it was acquired. The board of commissioners of
any such forest preserve district may, by ordinance passed by the affirm-
ative vote of all the members of such board, sell and dispose of any lands
acquired by such board: Provided, however, that no such sale or dis-
FORESTRY. 251
posal shall be elfective until it is approved by the board of county com-
missioners or the board of supervisors of the county in which such dis-
trict is located.
§ 13. The board of commissioners of any forest preserve district
organized hereunder, shall have power to acquire and hold lands for the
erection and maintenance thereon of public buildings for the use of the
general public for recreation and assembly purposes of a general and
not of a religious character, and to acquire and hold lands surrounding-
such buildings, or connected therewith, and to manage, control, improve,
maintain and beautify such lands and buildings. Any forest preserve
district organized under this Act shall have power to acquire and hold
land for the purpose of protecting and preserving the flora and fauna
and scenic beauties of trie State; to protect ana preserve such lands
as nearly as may be, in their natural condition for the purpose of the
education, pleasure and recreation of the public; to provide and main-
tain all necessary, convenient and appropriate pleasure driveways, paths,
and other means of access to such district.
§ 14. An Act to provide for the creation of forest preserve districts,
approved May 18, 1905, in force July 1, 1905, is hereby repealed.
§ 15. This Act shall be submitted to a vote of the legal voters of
any of the aforesaid districts at any general or special election. The
ballots to be used at said election in voting upon this Act shall be in
substantially the following form:
For the adoption of an Act to provide for the creation and
management of forest preserve districts and repealing
a certain Act therein named.
Against the adoption of an Act to provide for the creation
and management of forest preserve districts and repeal-
ing a certain Act therein named.
If a majority of the legal voters of said districts voting on the ques-
tion at such election shall vote in favor of consenting to this Act, the
same shall thereupon take effect and become operative at once.
Approved June 16, 1909.
252 GENERAL ASSEMBLY INN-KEEPERS.
GENERAL ASSEMBLY.
COMPENSATION OF MEMBERS.
§ 2. Emergency.
§ 1. Amends section 1, Act of 1907.
. § 1. Salary of $2,000 payable
during first regular
session — 10 cents per
mile and $50 per ses-
sion for incidentals.
(Senate Bill No. 12. Approved February S, 1909.)
An Act to amend section one (1) of ''An Act to provide for and fix the
compensation of the members of the General Assembly of the State
of Illinois/' approved December 6, 1907, in force July 1, 1908.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 1 of an Act entitled
"An Act to provide for and fix the compensation of the members of the
General Assembly of the State of Illinois," approved December 6, 1907,
in force July 1, 1908, be and the same is hereby amended so as to read
as follows :
§ 1. That the members of the General Assembly elected in the year
1908 and hereafter elected shall receive for the period for which members
of the House of Representatives of the General Assemblv are elected, the
sum of two thousand dollars ($2,000) payable. during the first regular ses-
sion of the General Assembly held after the general election for mem-
bers of the House of Representatives and ten cents per mile for each
mile necessarily traveled in going to and returning from the seat of
government at each session, to be computed by the Auditor of Public
Accounts, and also fifty dollars ($50) per session for each member,
which shall be in full for stationery, newspapers, postage and all other
incidental expenses.
§ 2. Whereas, An emergency exists, therefore this Act shall take
effect and be in force from and after its passage.
Approved February 8, 1909.
INN-KEEPERS.
PROTECTION of inn-keepers.
§ 1. Repositorv for valuables — notices
— liability — special contracts.
§ 2. Lien upon baggage — auction-
notice — deposit of proceeds
etc.
Duties of guest — liability of pro-
prietor— unusual values.
s 4. Baggage left by guest.
§ 5. Repeals Act of 1861.
(House Bill No. 318. Approved June 9, 1909.)
An Act for the protection of innkeepers.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That whenever the proprietor of any
iisnsr-KEEPEKS. 253
hotel in this State shall provide in a convenient place in such hotel a
safe or other repository, constructed for the purpose of safe keeping
money, jewelry and other valuables of his guests, and. shall inform his
guests by posting notices in not less than ten conspicuous places in such
hotel that he will receive from his guests their money, jewelry and other
valuables for deposit in such safe or repository for safe keeping, when
requested by them so to do, and such guests shall neglect or fail to
deliver and turn over to said proprietor, or to his clerk in charge of such
safe or repository such 'money or jewelry or other valuables for safe
keeping, such hotel proprietor shall not be liable for the loss of, nor
injury to such money, or jewelry or other valuables, unless such loss or
injury shall occur through the fault or negligence -of said hotel proprie-
tor, or by his servants or employes in said hotel, and said hotel pro-
prietor shall in no event be liable for the loss of, nor injury to such
money or jewelry, or other valuables so delivered to him or to his
clerk in charge of said safe or repository, in an amount exceeding the
sum of $250.00, except by special contract in writing between said
hotel- proprietor and guest, unless such loss or injury shall occur through
the fault or negligence of the said hotel proprietor or through his ser-
vants or employes in said hotel.
§ 2. Every hotel proprietor shall have a lien upon all the baggage
and effects brought into said hotel by his guests for any and all proper
charges clue him from such guests for hotel accommodations, and said
hotel proprietor shall have the right to detain such baggage and effects
until the amount of such charges shall have been fully paid, and unless
such charges shall have been paid within sixty days from the time when
the same accrued, said hotel proprietor shall have the right to sell such
baggage and effects at public auction after, giving ten clays' notice of
the time and place of such sale, by publication of such notice in a
newspaper of general circulation in the county in which said hotel is
situated, and also by mailing, ten days before such sale, a copy of such
notice addressed to such guest at his postoffice address, if known to said
hotel proprietor, and if not known, then to his place of residence regis-
tered by said guest in the register of such hotel; and after satisfying
such, lien out of the proceeds of such sale, together with any costs that
may have been incurred in enforcing said lien, the residue of said pro-
ceeds of sale, if any, shall, within six months after such sale, on de-
mand, be paid by said hotel proprietor to such guest; and if not de-
manded within six months from the date of such sale, such residue or
remainder shall be deposited by such hotel proprietor with the county
treasurer of the county in which such hotel is situated, together with a
statement of such hotel proprietor's claim, the amount of costs incurred
in enforcing the same, a copy of the published notice, and the amount
received from the sale of said property so sold at said sale; and said
residue shall, by said county treasurer, be accredited to the general
revenue fund of said county, subject to the right of said guest or his
!54 INN-KEEPERS.
representatives to reclaim the same at any time within three years from
and after the date of such deposit with said county treasurer, arjd sncri
sale shall be a perpetual bar to any action against said hotel proprietor
for the recovery of such baggage or property, or of the value • thereof ,
or for any damages growing out of the failure of such guest to receive
such baggage or property.
§ 3. It shall be the duty of a guest of any hotel in this State, upon
delivering to the proprietor of such hotel, or to his servants, any bag-
gage or other article of property of such guest for' safe keeping, else-
where than to the room assigned to such guest, to demand, and of such
hotel proprietor to give, a check or receipt therefor, to evidence the fact
of such delivery ; and no hotel proprietor shall be liable for the loss of,
or injury to, such baggage or other article of property of his guest, un-
less the same shall have been actually delivered by such guest to such
hotel proprietor or to his servants for safe keeping, and a check or
receipt demanded therefor to evidence such delivery; and in the event
any such baggage so checked shall be lost or injured, said hotel proprie-
tor shall not be liable for such loss or injury in excess of the following
amounts respectively :
Trunks and contents $150 00
Valises and traveling cases and contents 50 00
Boxes, parcels and packages and contents 10 00
All other miscellaneous effects, including wearing apparel and
personal belongings 50 00
unless such loss or injury shall have occurred through the negligence
of such hotel proprietor, or by his servants or employes in such hotel:
Provided, that before such guest shall deliver to such hotel proprietor,
or his employes, any trunk, valise, traveling case, or other receptacle
containing property or effects of special or unusual value for safe keep-
ing or for any purpose, he shall notify such hotel proprietor to that
effect, and acquaint such hotel proprietor with the approximate value
thereof, and upon his failure so to do, such hotel proprietor shall not
be liable to such guest for . the loss of or damage to, such contents of
such trunk, valise, traveling case or receptacle.
§ 4. Whenever any person shall suffer his baggage or property to
remain in any hotel after leaving such hotel as a guest, and after the
relation of inn-keeper and guest between such guests and the proprietor
of such hotel has ceased, or shall forward the same to such hotel before
becoming a guest thereof, and the same shall be received into such hotel,
such hotel proprietor, after the lapse of ten days, may, at his option,
hold such baggage or property at the risk of such owner, or he shall
have the right to deposit such baggage or property in a storage ware-
house, in which event he shall take from the proprietor of such storage
warehouse a receipt for the same, in the name of the owner thereof,
and hold the same for such owner; and such hotel proprietor, after he
shall have so deposited such baggage or property in such storage ware-
INN-KEEPERS INSURANCE.
house, shall not be responsible for the loss thereof to such owner, pro-
vided he shall deliver to the owner of. such baggage or property said
storage warehouse receipt upon demand.
§ 5. That an Act entitled, "An Act for the protection of inn-
keepers," approved February 22, 1861, and in force April 21, 1861, be
and the same is hereby repealed.
Approved June 9, 1909.
INSURANCE.
ACCIDENT INSURANCE)— DISABILITY AND FUNERAL BENEFITS.
§ 1. Authority — filing and approval of I § 2. Fees,
declaration — certificate rec-
orded. § 3. When in force.
(Senate Bill No. 332. Approved June 4, 1909.)
An Act to authorize corporations organized to do the business of acci-
dent insurance on the assessment plan to amend their certificates
of incorporation so as to include among their corporate power's the
authority to insure against disability resulting from sickness or dis-
ease and to provide a funeral benefit for their members.
Section 1. Be it enacted by the People of the State. of Illinois, rep-
resented'in the General Assembly: That any corporation now existing
or hereafter organized for the purpose of" transacting the business of
accident insurance on the assessment plan may amend its articles of
incorporation so as to include among its corporate powers the authority
to insure against disability resulting from sickness or disease, and to
pay to the beneficiaries of its deceased members a funeral benefit which
shall not exceed one hundred dollars ($100) in event of death of any
member, by filing with the Insurance Superintendent a declaration of
its desire to so amend its articles of incorporation, setting forth the
proposed change or amendment, signed and duly acknowledged by a
majority of its trustees, directors or managers, whereupon the Insur-
ance Superintendent, if said change or amendment be approved by him,
shall file the same, together with his certificate of approval, with the
Secretary of State, who shall then issue to said corporation a certificate
of such change or amendment under the seal of the State of Illinois,
and attach thereto copies of all papers so filed with him by the Insur-
ance Superintendent, and the same shall be recorded in the recorder's
office of the county where the original certificate of incorporation was
recorded, and such certificate of incorporation shall thereupon be deemed
so changed and amended, and such corporation shall thereby be em-
powered to insure against disability resulting from sickness or disease
and to provide such funeral benefit.
256 INSURANCE.
§ 2. Each corporation riling the declaration of desire to so amend
its articles of incorporation as above shall accompany the same with a
fee of ten dollars ($10.00) to be paid to the Insurance Superintendent,
and a fee of'four dollars ($4.00) to be paid to the Secretary of State.
§ 3. This Act shall take effect and be in force from and after its
passage.
Approved June 4, 1909.
FIRE_ INSURANCE — COUNTY COMPANIES, ADDITIONAL, TERRITORY.
§ 1. Amends section 10, Act of 1877. 'I § 10. As amended, adds pro-
viso.
(House Bill No. 10S. Approved June 8, 1909.)
An Act to amend section ten (10) of an Act entitled, "An Act to or-
ganize and regulate county fire insurance companies" approved June
2, 1811, in force July 1, 1811.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly : That section ten (10) of an Act
entitled, "An Act to organize and regulate county fire insurance com-
panies/' approved June 2, 1877, in force July 1, 1877, be and the same
is hereby amended to read as follows :
§ 10. No such company shall insure any property beyond the limits
of the county comprised in the formation of the company, nor shall such
company insure any. property within the limits of any city containing
over twelve thousand (12,000) inhabitants at the time of the organiza-
tion of such company: Provided, however, that any such company may,
by the vote of the majority of its members add to the territory covered by
such company and in which it may do business, any number of political
or congressional townships contiguous thereto, not exceeding ten, and
such company may amend its charter as provided by law showing such
increase, of territory.
Approved June 8, 1909.
FIRE INSURANCE— COUNTY COMPANIES, OFFICERS.
§ 1. Amends section 4, Act of 1877. | § 4. Election of officers.
(House Bill No. 36. Approved June 10, 1909.)
An Act to amend section four of an Act entitled, "An Act to organize
and regulate county fire insurance, companies," approved June 2,
1811, and in force July 1, 1811 , so as to allow persons other than
members to be appointed treasurer. ■
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section four of an Act en-
titled, "An Act to organize and regulate county fire insurance com-
panies," approved June 2, 1877, and in force July 1, 1877, be amended
so as to read as follows:
INSURANCE. 257
§ 4. The directors shall elect from their number a president and
shall also elect a secretary and treasurer who may or may not be a mem-
ber of the company, all of whom shall hold their office for one year,
and until their successors are elected and qualified.
Approved June 10, 1909.
FIRE INSURANCE — INVESTMENTS, LOANS AND RESTRICTIONS.
§ 1. Amends section S, Act of 1869. § 2. Repeal.
§ 8. Purchase and sale of ap-
proved bonds, stocks
and securities — loans
— restrictions.
(Senate Bill No. 120. Approved June 12, 1909.)
An Act to amend section 8 of an Act entitled, "An Act to incorporate
and to govern fire, marine and inland navigation insurance companies
doing business in the State of Illinois" approved and in force March
11, 1869, as amended by Act approved June 19, 1891, in force July
1, 1891.
Section 1. 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 incorporate and to govern fire, marine and inland navigation
insurance companies doing business in the State of Illinois," approved
and in force March 11, 1869, as amended by Act approved June 19,
1891, in force July 1, 1891, be and the same is hereby amended to read
as follows:
§ 8. That on and after July 1, 1909, any fire insurance Company or-
ganized under this Act or incorporated under any law of this State,
for the purpose of investing its capital, surplus and other funds, or any
part thereof may purchase and hold as collateral security or otherwise,
and sell and convey any bonds or public stock issued or created by the
United States or by this State, or by any of the other states of the
United States, or the District of Columbia, or any or either of them, or
by any of the incorporated cities, counties, townships or other municipal
corporations thereof, or bonds authorized to be issued by any commis-
sion appointed by the Supreme Court of this State, or invest its said
capital and surplus and other funds, or any part thereof, in bonds or
notes secured by mortgages or trust deed on unincumbered real estate
located within said states, or the District of Columbia, or either of them,
worth at least double the sum invested or loaned; or lend on or purchase
mortgage bonds of railroad companies organized under the laws of said
states, or the District of Columbia, or either of them, or operated there-
in; or the capital stock, bonds, securities or evidences of indebtedness
created by any corporation or corporations organized under the laws
of the United States, or of this or of any state, except the stock of min-
ing companies ancl^ the stock of manufacturing companies, commonly
known as "industrials:" Provided, that no loan- shall be made or re-
—17 L
258 INSURANCE.
tained on any of the above mentioned securities except the bonds or
stocks issued or created by the United States, or of this State, exceeding
90 per centum of the market value thereof : And, provided, further,
that no loans shall be made by any company on its own stock.
No investment or loan shall be made by any such insurance company
unless the same shall first have been authorized by the board of direc-
tors, or by a committee thereof, charged with the duty of supervising
such loan. No such company shall subscribe to or participate in any un-
derwriting of the purchases or sale of securities or property, or enter into
any transaction for such purchase or sale on account of said company
jointly with any other person, firm or corporation, nor shall any such
company enter into any agreement to withhold from sale any of its
propert}', but the disposition of its property shall be at all times within the
control of the board of directors. This Act shall apply to all invest-
ments of the funds of domestic fire insurance companies of every kind
and character.
§ 2. Section 8 of the amended Act of 1869, as the same now exists,
is hereby specifically repealed.
Approved June 12, 1909.
FIRE INSURANCE — TOWNSHIP COMPANIES.
§ 1. Amends section S, Act of 1874. § S. As amended, amount of
any one risk limited
to $6,000.
(Senate Bill No. 49. Approved Mat 15, 1909.)
An Act to amend section, eight of an Act entitled, "An Act to revise
the law in relation to township insurance companies/' approved March
2J+, 1S74, and in force July 1, 1871/., as amended by 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 eight of an Act en-
titled, "An Act to revise the law in relation to township insurance com-
panies," approved March 24, 1874, and in force July 1, 1874, as
amended by Act approved May 13, 1905, in force July 1, 1905, be
amended so as to read as follows :
§ 8. Such companies may issue policies only on detached dwellings,
barns, (except livery, boarding and hotel barns) and other farm build-
ings, school houses and churches, and such property as may be properly
contained therein, also other property on the premises and owned by the
insured, also live stock (hay and grain in the stack) on the premises
of the insured and anywhere in the territory of the company, for any
time not exceeding five years and not to extend beyond the limited dur-
ation of the charter, and for an amount not to exceed six thousand dol-
lars on any one risk. Said policies may cover loss oi or damage to live
stock, harness, vehicles temporarily taken from the territory of the
company: Provided, said live stock, harness and vehicles be not re-
moved to exceed twenty-five miles from the territory of the company.
INSURANCE. * 259
All persons so insured shall give their obligations to the company bind-
ing themselves, their heirs and assigns, to pay their pro rata share to
the company of the necessary expenses, and of all losses by fire or light-
ning, which may be sustained by any member thereof during the time for
which their respective policies are written, and they shall also, at the
time of effecting the insurance, pay such percentage in cash, and such
other charge as may be required by the rules and by-laws of the com-
pany.
Approved May 15, 1909.
FRATERNAL INSURANCE— HOSPITALS, ETC.
§ 1. Authorizes creation and main- | § 2. Emergency,
tenance of hospitals, etc., —
limitation of tax — proviso.
(Senate Bill No. 307. Approved Mat 10, 1909.)
An Act authorizing and empowering fraternal beneficiary societies now
organized and existing, or hereafter organized, under and by virtue
of the laws of the State of Illinois, or any such society organized and
existing under and by virtue of the laws of any other state, province
or territory, and now or hereafter admitted to do business within this
State, to create, maintain and operate for the benefit of its sick, dis-
abled or distressed members and their families and dependents, hos-
pitals, asylums and sanatoriums.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly : That it shall be lawful for any fra-
ternal beneficiary society now organized and existing or hereafter or-
ganized under and by virtue of the laws of the State of Illinois, or any
such society organized and existing under and by virtue of the laws of any
other state, province or territory, and now or hereafter admitted to do
business within this State, to create, maintain and operate, for the bene-
fit of its sick, disabled or distressed members and their families and de-
pendents, out of its general or expense fund, and from any voluntary
contributions it may receive therefor, hospitals, asylums or sanatoriums,
and for such purpose any such society may own, hold or lease personal
property and real property located within or without this State, with
necessary buildings thereon : Provided, that the amount of the general
and expense fund to be expended, as herein provided, shall not exceed
such amounts as shall have been or shall be, from time to time, author-
ized by the legislative or supreme governing body of such society, and
in no event to exceed a sum equal to twenty cents (20 cents) per year
per member in good standing in any such society, on January 1st of such
year: Provided, further, that maintenance, treatment and proper at-
tendance in any such hospital, asylum or sanatorium may be furnished
free, or a reasonable charge may be made therefor, but no such hospital,
asylum or sanatorium shall be operated for profit : Provided, further,
that no part of the cost or expense of creatines, maintains- or operating;
any such hospital, • asylum or sanatorium shall be defrayed or paid out
260 " INSURANCE.
of the mortuary, sick, disability or benefit funds of any such society:
And, provided, further, that any fraternal beneficiary society which shall
maintain and operate any such hospitals, asylums or sanatoriums under
the. provisions of this Act shall not be subject to, or in any way restricted
by, the provisions of an Act entitled, "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 fam-
ilies,, free medical, home, sanatorium and hospital service and treatment,,
and other material aid and assistance, and to create, maintain and dis-
burse for such purposes, a trust fund to be raised by and from voluntary
contributions, and declaring such departments to be charitable insti-
tutions, and competent as such to be named, and to take, as beneficiary
by its members in certain cases," approved May 20, 1907, in force July
1, 1907.
§ 2. Whereas, An emergency exists, therefore this Act shall take'
effect from and after its passage.
Approved May 10, 1909.
FRATERNAL, INSURANCE — REPEAL OF "DELEGATE ACT."
§ 1. Repeals Act of 1907.
(House Bill No. 57. Approved June 9, 1909.)
An Act to repeal an Act entitled, "An Act defining who may become
delegates or who shall have any voice in the management of, or legis-
late for, any fraternal insurance society doing business in the State of
Illinois." Approved on May 23, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the Act entitled, "An Act de-
fining 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/' approved May 23, 1907, be, and the
same is hereby repealed.
Approved June 9, 1909.
INSURANCE. 261
FRATERNAL INSURANCE— VISITATION AND INSPECTION.
4 1. Amends section 12, Act of 1893. § 12. Visitation — inquiries —
annual report — ar-
rears in claims — in-
junction — notice —
penalty.
(Senate Bill No. 230. Approved June 4, 1909.)
An Act to amend section twelve (12) of an Act entitled, "An Act to pro-
vide for the organization and management of fraternal beneficiary socie-
ties, for the purpose of furnishing life indemnity or pecuniary bene-
fits to beneficiaries 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 pro-
viding and fixing the punishment for violation of the provisions there-
of, and to repeal all laws now existing which conflict herewith" ap-
proved and in force June 22, 1893; as amended by Act approved
May 16, 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 [twelve] (12) of an
Act entitled, "An Act to provide for the organization and management
■of fraternal beneficiary societies, for the purpose of furnishing life in-
demnity or pecuniary benefits to beneficiaries of deceased members or
accident or permanent indemnity disability to members thereof; and
io 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 con-
flict herewith," approved and in force June 22, 1893; as amended by
Act approved May 16, 1905, in force July 1, 1905, be and the same is
hereby amended to read as follows:
§ 12. All corporations to which this Act is applicable, with their
hooks, papers and vouchers, shall be subject to visitation and inspection,
hy the Insurance Superintendent, or such person as he may designate.
The Insurance Superintendent may address any inquiries lo any such
■corporation in relation to its doings or condition or any other matter
connected with its transactions relative to the business contemplated
hy this Act.
All officers of such corporation shall promptly reply in writing to all
such inquiries, under the oath of its president, secretary or other offi-
•cers if required.
Any society refusing or neglecting to make the annual report, as pro-
vided in this Act, shall be excluded from doing business within this
State.
Said Insurance Superintendent must, within sixty days after failure to
make the annual report required by law, or in case any such society shall
exceed its powers or shall conduct its business fraudulently, or shall be
three months in arrears in the payment of death or disability claims
after the same have been allowed by the board of directors or other
person or persons whose duty it is to pass upon such claims ; or after
262 INSURANCE.
one year's existence, shall have a membership of less than three hun-
dred; or shall fail to comply with any of the provisions of this Act, im-
mediately commence or cause to be commenced an action against such
society to enjoin the same from carrying on any business; and an in-
junction may be granted, upon proper showing by the Insurance Super-
intendent, in any court of competent jurisdiction in this State : Pro-
vided, however, that no injunction against any society within this State,
or application for or appointment of a receiver, or action to prevent any
sueh society from carrying on business in this State shall be made or
granted by any court, except on the application of the Insurance Super-
intendent or of a judgment creditor, and after written notice duly made
and served upon the chief executive officer of such society within this
State, or if incorporated .under the laws of another state then such notice
may be served by sending the same to the president or secretary of the
society by registered mail at the home office of the society, and a full
hearing before such court, whether the party seeking such relief be the
State, member of such society or any other person whatsoever.
No society so enjoined shall have authority to continue business until
such rejjort shall be made or every act or violation complained of shall
have been corrected, nor until the cost of such action shall be paid by it :
Provided, the court shall find that such society was in default as charged,
whereupon the Insurance Superintendent shall reinstate such society,
and not until then shall such society be allowed to again do business in
this State. Any officer, agent .or person acting for any society or sub-
ordinate body thereof within this State and who shall transact any busi-
ness for such society contrary to the provisions of such injunction or
prohibition while such society shall be so enjoined or prohibited from
doing business pursuant to this Act, shall be deemed guilty of a misde-
meanor and, on conviction thereof, shall be punished by a fine of not less
than $25.00 nor more than $500.00, or by imprisonment in the county
jail for not less than thirty clays nor more than one year, or by both
fine and imprisonment, in the discretion of the court, the provisions
hereof to be in effect on and after July 1, 1910.
Approved June 4, 1909.
INSURANCE SUPERINTENDENT— SALARY.
§ 1. Amends section 2, Act of 1893. § 2. As amended, fixes salary
at $5,000 per annum.
(Senate Bill No. 42. Approved April 26, 1909.)
An Act to amend' section two of an Act entitled, "An Act to provide
for the establishment of an insurance department, and the appoint-
ment of an insurance superintendent," approved June 20, 1893, in
force July 1, 1893.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section two (2) of an Act
entitled, "An Act to provide for the establishment of an insurance de-
INSURANCE. 263
partment, and the appointment of an insurance superintendent/' ap-
proved June 20, 1893, in force July 1, 1893, be, and the same is hereby
amended to read as follows :
§ 2. The Insurance Superintendent shall be appointed as follows:
Within twenty (20) days after this Act shall take effect the Governor
shall appoint a person experienced in matter of insurance as such In-
surance Superintendent. He shall hold office until May 1, 1897. Dur-
ing the meeting of the General Assembly in 1897, and every four years
thereafter, the Governor, by and with the advice and consent of the
Senate, shall appoint a person experienced in matter of insurance an
Insurance Superintendent, who shall hold office for a term of four years
from the first clay of May in the year of his appointment and until his
successor is appointed and qualified. Before entering upon the
discharge of his duties such Insurance Superintendent shall
take and subscribe to an oath of office, to be filed with
the Secretary of. State, and shall give a bond to the State of Illi-
nois in the penal sum of $50,000, with sufficient sureties, conditioned
for the faithful discharge of his duties and to deliver up all papers,
books, records and other property appertaining to his office, whole
and safe to his successor in office, and that he will give additional bonds,
with sufficient sureties, when legally required, which bond when., ap-
proved by the Governor of the State, shall be filed with the Secretary
of State and he shall receive, in full compensation for his service, an
annual salary of five thousand dollars ($5,000), payable quarterly. '
Approved April 26, 1909.
LIFE INSURANCE— CONSOLIDATION AND REINSURANCE
§ 1. Limitation.
§ 2. Terms defined.
§ 5. Certificate of adoption — submis-
sion to Insurance Superintend-
ent— refusal.
§ G. Exempts fraternal beneficiary so-
cieties.
§ 3. Submission of proposition.
§ 4. Manner of voting — articles of
consolidation- — -requisites.
(Senate Bill No. 53. Approved Mat 29, 1909.)
An Act in relation to consolidation and reinsurance by life insurance
companies.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That hereafter no life insurance
company organized under the laws of this State shall reinsure its risks
in any company not authorized to transact business in this State, nor
shall anjr life insurance company organized under the laws of this State
consolidate with any other company so organized, or reinsure its risks
in a company authorized to transact business in this State, except as
hereinafter provided; but nothing herein contained shall prevent any
company from reinsuring a fractional part of any single risk in any
company.
264 INSURANCE.
§ 2. The word "company" when used in this Act shall include any
corporation or association authorized to do the business of life insur-
ance on the stock, mutual, stock and mutual, or assessment plan; and
the word "member" shall mean the insured under a policy or certificate
issued by any company other than a purely stock company.
§ 3. Whenever any life insurance company shall propose to con-
solidate with or reinsure its risks in any other company the board of
directors or trustees may submit the question of such consolidation or
reinsurance to the stockholders or members or both (as the case may be)
of such company at the regular annual meeting thereof, or may call a
special meeting for either of such purposes. Such special meeting shall
be called by a majority of said directors or trustees by delivering per-
sonally or depositing in the post office at least thirty days before the
time fixed for such meeting a notice addressed to each stockholder or
member at his last post office address appearing on the records of the
company, stating the time, place and object of such meeting.
§ 4.. At any such meeting the stockholders or members or both (as
the case may be) may vote in person or by proxy, each stockholder to be
entitled to one vote for each share of stock held by him, and each mem-
ber to one vote for each one thousand dollars of insurance held by him :
Provided, however, that any member holding less than one thousand
dollars of insurance shall be entitled to one vote; and votes representing
two-thirds of all the stock in the case of purely stock companies, or of
two-thirds of all the stock, if any, and of two-thirds of all the votes cast
by members represented at the meeting in person or by proxy in the case
of other companies, shall be necessary for the adoption of such proposed
articles of consolidation or contract of reinsurance. Articles of con-
solidation shall comprise a copy of the charter of the proposed con-
solidated corporation setting forth its corporate name; the place where
its principal office is to be located; the manner in which its corporate
powers are to be exercised; the manner of electing trustees or directors
and officers, a majority of whom shall be citizens of this State at the
time of such election; the manner of filling vacancies; the amount of
capital stock, if any; and such other particulars as may be necessary to
explain and make manifest the objects and purposes of the consolidated
company and the manner in which it is to be conducted.
§ 5. Upon the adoption of a contract of reinsurance or articles of
consolidation at a meeting held in accordance with the provisions of this
Act, said contract of reinsurance or articles of consolidation shall be
duly executed by the president and attested by the secretary under the
corporate seal of each of the contracting or consolidating companies, and
thereupon a certificate of the adoption and execution of such contract
of reinsurance or articles of consolidation, verified by the affidavit of
the president and under the seal of each of said companies, shall be sub-
mitted to the Insurance Superintendent. If the Insurance Superin-
tendent, upon examination of such contract of reinsurance or articles
INSURANCE. 265
of consolidation, finds the same to be in accordance with the provisions
of this Act and not inconsistent with the laws and the constitution of
this State and of the United States and that no reasonable objection
exists thereto, he shall cause such contract of reinsurance or articles of
consolidation to be recorded in a book kept for the purpose, and there-
upon such contract of reinsurance or consolidation shall be and is here-
by'declared to be effected and in force. If the Insurance Superintend-
ent shall refuse to cause such contract of reinsurance or articles of con-
solidation to be so recorded, he shall, within fifteen days from the date
of submission of the same, notify each of said companies in writing of
such refusal, assigning his reasons therefor.
§ 6. The provisions of this Act shall not affect or be construed to
apply to fraternal beneficiary societies or associations.
Approved May 29, 1909.
LIFE INSURANCE— POLICY PROVISIONS.
§ 1. Amends section 6, Act of 1907. § 6. As amended, adds pro-
viso concerning con-
tracts for both in-
surance and annul-
I ties.
(Senate Bill No. 508. Approved June 10, 1909.)
An Act to amend section 6 of an Act entitled, "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 in\-
surance companies, organized under the laws of this State, or doing
business herein," approved May 20, 1907, in force January 1, 1908.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 6 of an Act entitled,
"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 business herein," approved May 20, 1907, in force
January 1, 1908, be amended to read as follows:
§ 6. This Act shall not apply to annuities, industrial policies, or
to corporations or associations operating on the assessment or fraternal
plan: Provided, that in every case where a contract provides for both
insurance and annuities this Act shall apply to that part of the contract
only which provides for insurance, but every such contract providing
for a deferred annuity on the life of the insured only shall (unless paid
for by a single premium) provide that in the event of the non-payment
of any premium after three full years' premiums shall have been paid,
the annuity shall automatically become converted into a paid-up annuity
for such proportion of the original annuity as the number of completed
years' premiums paid bears to the total number of premiums required
under the contract.
Approved June 10, 1909.
266
INSURANCE.
STATE FIRE MARSHAL.
§ 1
§ 3
§ 4
§ 6
§ S
State Fire Marshal-
— duties — bond.
-appointment
Deputies — chief assistant.
Vacancy.
Additional deputies and office as-
sistants.
Inspectors.
Investigation and record of fires.
Testimony on oath . — arrest —
prosecution.
Powers of Fire Marshall, depu-
ties, etc. — witnesses — records
— complaints, etc.
Right to enter buildings and
premises ■ — ■ unsafe conditions
■ — remedy — local regulations.
§ 10.
Penalty
officer.
for violation by any
§ 11. Compensation.
§ 12. Tax on fire insurance companies
— disposition of tax fund.
§ 13. Penalty for violation by com-
pany or agent — revocation of
license.
§ 14. Fire Marshal not to engage in
other business.
§ 15. Annual report to Insurance Su-
perintendent.
§ 16. Fees for reporting fires — mile-
age.
(Senate Bill No. 57. Approved June 15, 1909.)
An Act creating the office of State Fire Marshal, prescribing his duties
and providing for his compensation and for the maintenance of his
office.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That the Governor is hereby author-
ized and empowered to appoint within sixty days after this Act shall
take effect, and every four years thereafter, between the 15th day of
January and the first day of February, by and with the advice and con-
sent of the Senate, and also within thirty days after the occurrence of a
vacancy in the office, a suitable person who shall be a citizen of this
State, as State Fire Marshal, who shall give bond in the penal sum of
five thousand dollars, with not less than two sureties conditioned for the
faithful performance of the duties of his office, to be approved by the
Insurance Superintendent, who shall devote his whole .time to the duties
of his office, and who shall hold office until his successor is appointed
and qualified, the title of which office shall be State Fire Marshal. Such
officer shall keep his office at the capitol in the city of Springfield, and
may be removed for cause at any time by the Governor.
§ 2. The State Fire Marshal is hereby empowered and required
to appoint two deputy fire marshals to be designated as first and sec-
ond deputies, and one chief assistant. The duties of said deputies and
chief assistant shall be to assist the State Fire Marshal, and such ap-
pointees may be removed for cause by the said Fire Marshal.
§ 3. In the event of a vacancy in the office of Fire Marshal, or dur-
ing the absence or disability of that officer, the first deputy marshal shall
perform the duties of the office. .
§ 4. The State Fire Marshal is hereby empowered to appoint such
additional deputy fire marshals and such office assistants as may be
necessary for the proper and efficient conduct of his office.
INSURANCE. 26 7
§ 5. The State Fire Marshal may, in addition to the provisions of
section 4, appoint any person as inspector who may be known to him to
be competent and skilled in the business of fire insurance and in the
inspection of buildings and their contents. Such person shall have all
the powers of other deputies to enter and inspect buildings, including
their contents and occupancies, as provided under section 9, and it
shall be the duty of such inspectors to report to the Fire Marshal any
faulty or dangerous conditions found. . Such deputy inspectors to be
duly commissioned and serve without compensation.
§ 6. The State Fire Marshal and the chief of the fire department
of every city or village in which a fire department is established, and
the mayor of every incorporated village or town in which no fire de-
partment exists, and the township clerk of every organized township
without the limits of any organized village or city, shall investigate the
cause, origin and circumstances of every fire occurring in such city,
village, town or township by which property has been destroyed or dam-
aged, and shall especially make investigation as to whether such fire
was the result of carelessness or design. Such investigation shall be
begun within two days, not including Sunday, of the occurrence of such
fire, and the Fire Marshal shall have the right, to supervise and
direct such investigation whenever he deems it expedient or necessary.
The officer making investigation of fires occurring in cities, villages,
towns or townships shall forthwith notify said Fire Marshal and shall
within one week of the occurrence of the fire, furnish to the said Fire
Marshal a written statement of all facts relating to the cause and origin
of the fire, and such other information as may be called for by the
blanks provided by said Marshal. The State -Fire Marshal shall keep
in his office a record of all fire [fires] occurring in the State, together
with all facts, statistics and circumstances, including the origin of the
fires, which may be determined by the investigations provided by this
Act; such record shall at all times be open to the public inspection, and
such portions of it as the Insurance Superintendent may deem neces-
sary shall be transcribed and forwarded to him within fifteen days from
the first of January of each year.
§ 7. The State Fire Marshal shall, when in his opinion further in-
vestigation is necessary, take or cause to be taken the testimony on oath
of all persons supposed to be cognizant of any facts or to have means
of knowledge in relation to the matter as to which an examination is
herein required to be made, and shall cause the same to be reduced to
writing ; and if he shall be of the opinion that there is evidence sufficient
to charge any person with the crime of arson, or with the attempt to
commit the crime of arson, or of conspiracy to defraud, or criminal
conduct in connection with such fire, he shall cause such person to be
arrested and charged with such offense or either of them, and shall
furnish to the proper prosecuting attorney all such evidence, together
with the names of witnesses and all of the information obtained by him,
including a copy of all pertinent and material testimony taken in the
268 INSURANCE.
case, and shall report to the Insurance Superintendent as often as such
superintendent shall require, his proceedings and the progress made in
all prosecutions under this Act, and the result of all cases which are
finally disposed of.
§ 8. The State Fire Marshal, deputy State fire marshals and chief
assistant fire marshal, shall each have power in any county in the State
of Illinois to summon and compel the attendance of witnesses before
them, or either of them to testify in relation to any matter which is by
the provisions of this Act a subject of inquiry, and investigation, and
may require the production of any book, paper or document deemed
pertinent thereto by them or either of them. Said State Fire Marshal,
deputy State fire marshals and chief assistant fire marshal are each
hereby authorized and empowered to administer oaths and affirmations
to any persons appearing as witnesses before them, and false swearing
in any matter or proceeding aforesaid shall be deemed perjury and shall
be punished as such. Any witness who refuses to be sworn, or who
refuses to testify, or who disobeys any lawful order of said
State Fire Marshal, deputy State fire marshals or assistant
fire marshal, or who fails or refuses to produce any book,
paper or document touching any matter under examination,
or who is guilty of any contemptuous conduct after being summoned
by them, or either of them, to appear before them, or either of them,
to give testimony in relation to any matter or subject under investiga-
tion as aforesaid, shall be deemed guilty of a misdemeanor and it shall
be the duty of the State Fire Marshal, deputy State fire marshal or chief
assistant fire marshal, or either of them, to make complaint against said
person or persons so refusing to comply with the summons or order
of said State Fire Marshal, deputy State fire marshals or chief assist-
ant fire marshal, before any justice of the peace, police magistrate, or
in any court of record in the county in which said investigation is be-
ing had, and upon the filing of such complaint, such cause shall proceed
in the same manner as other criminal cases, and upon conviction any
such person guilty of a violation of the provisions of this Act shall be
fined in a sum not exceeding twenty-five dollars ($25.00) and impris-
oned until such fine is paid : Provided, however, that any person so con-
victed shall have the right of appeal. Said State Fire Marshal and his
subordinates, or either of them, shall have the authority at all times of
day or night, in the performance of the duties imposed by the provisions
of this Act, to enter upon and examine any building or premises where
any fire has occurred, and other buildings and premises adjoining or
near the same. All investigations held by or under the direction of
said State Fire Marshal may, in his discretion, be private, and persons
other than those required to be present by the provisions of this Act,
may be excluded from the place where such investigation is held, and
witnesses may be kept separate and apart from each other and not al-
lowed to communicate with each other until they have been examined.
INSURANCE. 269
§ 9. The State Fire Marshal, his deputies and assistants, the chief
of the fire department of all villages and cities where a fire department
is established, and the mayor of cities or villages where no fire depart-
ment exists, and the clerks of each township in the territory without
the limits of an organized city or village, upon complaint of any person
having an interest in any building or property adjacent, and without
any complaint, shall have a right at all reasonable hours, for the purpose
of examination, to enter into and upon all buildings and premises within
their jurisdiction. Whenever any said officers shall find any building,
or other structure which, for want of proper repair, or by reason of age
and dilapidated condition, or for any cause, is especially liable to fire,
and which is so situated as to endanger other buildings or property, or
so occupied that fire would endanger persons or property therein, and
whenever any such officers shall find in an}'' building, or upon any prem-
ises combustible or explosive material, or inflammable conditions, dan-
gerous to the safety of said buildings or premises, they shall order the
same to be removed or remedied, and such order shall be forthwith com-
plied with by the owner or occupant of said buildings or premises : Pro-
vided, however, that if the said occupant or owner shall deem himself
aggrieved by such order, he may, within ten days, appeal to the State
Fire Marshal and the cause of complaint shall be at once investigated
by the direction of the latter, and unless by his authority the order ia
revoked, such order shall remain in force and be forthwith complied
with by said owner or occupant. Any owner or occupant of buildings
or premises failing to comply with the orders of the authorities above
specified shall be punished by a fine of not less than ten dollars ($10.00)
or more than fifty dollars ($50.00) for each day's neglect; such penalty
to be sued for in the name of the People of the State of Illinois, upon
the complaint of the fire marshal, assistant fire marshal, or the State's
attorney, or of any officer named herein, in the county in which such
building or buildings shall be situated, before any justice of the peace
or in any court of record, with right of appeal, and such penalty when
recovered shall be paid into the county treasury of the county wherein
such recovery is had : Provided, however, that in municipalities having
building inspection and fire limits ordinances, nothing herein shall be
construed to effect such local regulations, but the jurisdiction of the
State Fire Marshal shall in such cases be concurrent with that of the
municipal authorities.
§ 10. Any officer referred to in section six herein who neglects to com-
ply with any of the requirements of this Act, shall be punished by a
fine of not less than twenty-five [dollars] ($25.00) nor more than two
hundred dollars ($200.00), to be recovered as provided in section nine of
this Act.
§ 11. The State Fire Marshal shall receive an annual salary of
$3,000, the assistant fire marshal, $1,800; first and second deputy
fire marshals, $1,500 each. Said fire marshal shall employ additional
deputies, clerks and assistants and incur such other expense as may
270 INSURANCE.
be necessary in the performance of the duties of the office, not to exceed, '
including salaries, such sum as may be paid to the Insurance Superin-
tendent in the manner hereinafter provided.
§ 12. For the purpose of maintaining the office of the State Fire
Marshal and paying the expenses incident thereto, every fire insurance
company, whether upon the stock or mutual plan, and all individuals,
firms, corporations, associations or aggregations of underwriters doing
business in the State of Illinois, shall pay to the Insurance Superintend-
ent of the State of Illinois in the month [of j February annually, in addi-
tion to the taxes now required by law to be paid by such companies, as-
sociations, partnerships, firms or individuals, not exceeding one-fourth
of one per cent of the gross premium receipts of all such companies,
firms, individuals, associations or partnerships on all business done in
the State of Illinois during the year preceding or such portion of the
year as this law may have been in effect as shown by their annual state-
ment under oath to the Insurance Department, in case such company,
association, firm, partnership or aggregation of underwriters is now re-
quired by law to make such annual report or does make such report, but
it is expressly provided that from and after the taking effect of this law
every such company, firm, partnership, association, or body of individ-
uals acting as underwriters or insuring each other, no matter how or
under what form the business of fire insurance is done, shall annually
report to the Insurance Superintendent the gross premiums received for
the year or portion of year preceding, and shall, during the said month
of February of each year, pay to the Insurance Superintendent such
amount as may be "assessed, not exceeding one-fourth of one per cent of
such gross premium receipts, as hereinbefore provided. The Superin-
tendent of Insurance shall cover the money so received into the State
Treasury as a special fund for the maintenance of said office of fire
marshal and the expense incident thereto. Any portion of said special
fund remaining unexpended at the end of any fiscal year not needed
for the maintenance and expenses of the Department of Fire Marshal
shall be carried forward to the next fiscal year and the next assessment
correspondingly reduced. The said fire marshal shall keep on file in
his office an itemized statement of all expenses incurred by his depart-
ment and shall approve all vouchers issued therefor before the same are
submitted to the Auditor of State for payment, which said vouchers
shall be allowed and paid in the same manner as other claims against-
the State.
§ 13. Every compan}^ firm, co-partnership, association or aggrega-
tion of individuals, or body of persons insuring each other, or their
agents, representatives, or attorneys in fact, who shall refuse or neglect
to comply with the requirements of section 12 of this Act, shall be sub-
ject to a penalty of not less than one hundred dollars ($100.00) nor
exceeding five hundred dollars ($500.00), recoverable in an action of
debt at the suit of the Attorney General, Insurance Superintendent or
State's attorney of the county in which the principal office of the firm,
INSURANCE LANDLORD AND TENANT. 271
association, corporation, individual or co-partnership is situated, and
if such violation is by a company, association, co-partnership or aggre-
gation of individuals licensed to do business in the State of Illinois,
such license may be revoked by the Insurance Superintendent and pen-
alties recovered under the provisions of this Act shall be paid into the
county treasury of the county in which such recovery is had.
§ 14. The State Fire Marshal shall not engage in any other business,
and he, or one of his deputies, shall at all times be at the office of the
fire marshal ready for such duties as are required by this Act.
§ 15. The fire marshal shall submit annually, as early as consist-
ent with full and accurate preparation, and not later than the first day
of February in each year, a detailed report of his official actions to the
Insurance Superintendent, and there shall be included in the annual
report of such Insurance Superintendent such portion of the report of
the said fire marshal as shall be deemed desirable by such Insurance
Superintendent.
§ 16. There shall be paid to the chiefs of fire departments, and to
majors of incorporated villages, who do not receive compensation for
their services as such chiefs and mayors, and to the township clerk of
every organized township, _ who are by this Act required to report fires
to the State Fire Marshal, the sum of fifty cents for each fire so reported
to the satisfaction of the State Fire Marshal, and in addition thereto
mileage at the rate of fifteen cents per mile for each mile traveled to
the place of fire. Said allowance shall be paid by said State Fire Mar-
shal at the close of each fiscal year out of any funds appropriated for
the use of the office of said State Fire Marshal.
Approved June 15, 1909.
LANDLORD AND TENANT.
DEMAND OF RENT — SUIT FOR POSSESSION.
§ 1. Amends section 8, Act of 1873. | § 8. As amended, claim for
rent may be joined
in complaint.
(Senate Bill No. 436. Approved June 5, 1909.)
An Act to amend section 8 of "An Act to revise the law in relation to
landlord and tenant/' approved May 1, 1873, in force July 1, 1873.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 8 of "An Act to revise
the law in relation to landlord and tenant," approved May 1, 1873, in
force July 1, 1873, be and the same is hereby amended to read as fol-
lows:
§ 8. That a landlord or his agent may, any time after rent is due,
demand payment thereof and notify the tenant, in writing, that unless
272 LANDLORD AND TENANT.
payment is made within a time mentioned in such notice, not less than
live days after service thereof, the lease will be terminated. If the
tenant shall not within the time mentioned in such notice, pay the rent
due, the landlord may consider the lease ended, and sue for the posses-
sion under the statute in relation of [to] forcible entry and detainer,
or maintain ejectment without further notice or demand. And a claim
for rent may be joined in the complaint, and judgment obtained for the
amount of rent found due, in any action or proceeding brought, in an
action of forcible entry and detainer for the possession of the demised
premises, under this section.
Approved June 5, 1909.
LEASING OF DWELLING HOUSES, ETC.
§ 1. Provision prohibiting children un- I § 3. Repeal.
lawful.
§ 2. Penalty.
(House Bill No. 401. Filed June 16, 1909.)
An Act regarding the leasing of dwelling houses, flats and apartments,
and defining certain offences in connection therewith and providing a
penalty for the violation thereof.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: It shall hereafter be deemed unlaw-
ful and opposed to public policy upon the part of any owner or agent of
any- dwelling house, flat or apartment, desiring to rent, lease or let the
same, to require as a condition precedent to the leasing of any dwelling
house, fiat 'or apartment, that the person or persons desiring so to lease
such dwelling house, flat or apartment shall have at the time such ap-
plication is made for the leasing or renting of such dwelling house, flat
or apartment no children under the age of 14 years residing in their
families, and it shall be deemed unlawful and opposed to public policy to
insert in any lease or agreement for the letting or renting of any dwelling
house, flat or apartment, a condition terminating said lease if there are
or shall be any such children in the family of any person holding such
lease and occupying such dwelling house, flat or apartment, and any
such contract or lease containing such provision shall be deemed op-
posed to public policy and entirely void as to such provision.
§ 2. Any person, company, corporation or association violating any
of the provisions of section^one of this law shall be deemed guilty of a
misdemeanor and upon conviction shall be adjudged to pay a fine of
not less than $50.00 nor more than $100.00 for each and every of-
fense.
LIBRAEIES. 273
§ 3. Any and all Acts and parts of Acts in conflict herewith are
hereby repealed.
Filed June 16, 1909.
The Governor having failed to return this bill to the General Assembly during
its session, and having failed to file it in my office, with his objections, within ten
days after the adjournment of the General Assembly, it has thereby become a law.
Witness my hand this 16th day of June, A. D. 1909.
James A. RosEj
Secretary of State.
LIBEAEIES.
FREE PUBLIC LIBRARIES— BOARD OP DIRECTORS.
§ 1. Amends section 5, Act of 1872. § 5. Organization of board of
directors — powers —
funds.
(Senate Bill No. 419. Approved June 3, 1909.)
An Act to amend section 5 of an Act entitled '''An Act to authorize
cities, incorporated towns and townships to establish and maintain
free public libraries and reading rooms," approved and in force
March 7, 1812.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 5 of "An Act to au-
thorize cities, incorporated towns and townships to establish and main-
tain free public libraries and reading rooms," approved and in force
March 7, 1872, be and the same is hereby amended to read as follows:
§ 5. Said directors shall, immediately after appointment, meet and
organize by the election of one of their number president, and by the
election of such other officers as they may deem necessary. They shall
make and adopt such by-laws, rules and regulations for their own guid-
ance and for the government of the library and reading room as may be
expedient, not inconsistent with this Act. They shall have the exclu-
sive control of the expenditure of all moneys collected to the credit of
the library fund, and of the construction of any library building, and of
the supervision, care and custody of the grounds, rooms or buildings con-
structed, leased or set apart for that purpose : Provided, that all moneys
received for such library shall be deposited in the treasury of said city
to the credit of the library fund, and shall be kept separate and apart
from other moneys of such city, and drawn upon by the proper officers
of said library, upon the properly authenticated vouchers of the library
board. Said board shall have power to purchase or lease grounds, to
occupy, lease or erect an appropriate building or buildings for the use
of said library; shall have power to appoint a suitable librarian and
necessary assistants, and fix their compensation, and shall also have
power to remove such appointees; and shall, in general, carry out the
spirit and intent of this Act, in establishing and maintaining a public
library and reading room.
Approved June 3, 1909.
—18 L
274 LIBRARIES.
FREE PUBLIC LIBRARIES— TAX LEVY BY CITIES.
1. Amends section 1, Act of 1872. § 1- Council .may establish
library — rate of li-
brary tax limited —
library tax excluded
from aggregate
amount as fixed by
section 1, article 8
of city and village
Act.
(House Bill No. 75. Approved June 14, 1909.)
An Act to amend section 1 of an Act entitled, "An Act to authorize
cities, incorporated towns and townships to establish and maintain
free public libraries and reading rooms," approved and in force
March 7, 1872, and as amended.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 1 of an Act entitled
"An Act to authorize cities, incorporated towns and townships to estab-
lish and maintain free public libraries and reading rooms," approved
and in force March 7, 1872, and as amended, be and the same hereby
[is] amended so as to read as follows :
§ 1. That the city council of each incorporated city, whether or-
ganized under general law or special charter shall have power to estab-
lish and maintain a public library and reading room for 'the use and
benefit of the inhabitants of such city, and may levy a tax of not to ex-
ceed one and two-tenths mills on the dollar annually on all the taxable
property in the city : Provided, that in cities of over one hundred thou-
sand inhabitants, after the year 1896, such tax shall not exceed six cents
on one hundred dollars annually, such tax to be levied and collected
in like manner with the general taxes of said city, and to be known as
a library fund: Provided, that said annual library tax in cities of over
two thousand inhabitants shall not be included in the aggregate amount
of taxes as limited by section one (1) of article eight (8) of "An Act
for the incorporation of cities and villages," approved April 10, 1872,
and the amendatory Acts thereto, or by any provision of any special
charter under which any city in this State is now organized.
Approved June 14, 1909.
STATE LIBRARY— LIBRARY EXTENSION COMMISSION.
§ 1. Adds sections 10, 11 and 12 to I § 11. Duties — library organi-
Act of 1S74. zer.
§ 10. Library extension com- § 12. Traveling libraries — •
mission — appointment | clearing house,
—expenses. I
(Senate Bill No. 375. Approved June 14, 1909.)
An Act to amend an Act entitled, "An Act to revise the law in rela-
tion to the State library," approved February 25, 1871+, in force July
1, 1874, by adding three new sections to be known as sections 10,
11 and 12.
Section 1. 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
LIBRARIES. * 275
relation to the State library/' approved February 25, 1874, in force
July l; 1874, be amended by adding the following sections to be known
as sections 10, 11 and 12.
§ 10. That the commissioners of the State library be and they are
hereby authorized and empoAvered to appoint two persons who, together
with the State Librarian, shall constitute a board to be known as the
"Illinois Library Extension Commission" of which the State Librarian
shall be ex officio chairman.
The length of the term of office o'f the appointive members of such
commission shall be for two years and until their successors are appoint-
ed and qualified, the first term beginning on the first day of July, 1909 ;
but of the two appointed in the first instance one shall be appointed for
one year, and one for two years, and thereafter one member shall be
appointed each year. No member of such commission shall ' be com-
pensated for his services, but the traveling expenses of the members
in attending meetings of the commission or establishing libraries, and
other incidental and necessary expenses connected with the work of the
commission shall be paid.
§ 11. The Library Extension Commission shall give advice and in-
formation to the librarian or trustees of any existing public library, or
to any person or community interested in starting a new public library,
concerning the organization, maintenance, or administration of said
library and it shall appoint a library organizer, one of whose duties
shall be to furnish such advice and information. Such library organizer
shall keep informed of the condition, scope and methods of work of the
various public libraries of the State, visiting the same as occasion may
require, shall assist as far as practicable in promoting and starting new
libraries, and at the end of each fiscal year shall make a report of the
general library conditions in the State to the Library Extension Com-
mission.
§ 12. The commission shall operate traveling libraries specially given
or bought for such purpose, and loan such libraries to any library in the
State, or to any community or organization not yet having an estab-
lished library, under such conditions and regulations as it shall pre-
scribe. And said commission shall, from time to time, so send out and
distribute such books throughout the State, and at suitable intervals
change such distributions, in such a manner as to secure to the greatest
practicable degree the use and enjoyment of such books to the people of
the entire State. The commission may also conduct a clearing house for
periodicals for free gift to local libraries, and perform such other public
service as may seem to it for the best interests of the State. Said Library
Extension Commission shall receive the advice and counsel of the State
Library Commission, and shall be under its control.
Approved June 14, 1909.
276 ' MARRIAGES.
MARRIAGES.
CELEBRATION OF MARRIAGES.
§ 1. Amends section 4, Act of 1874. § 2. Repeal.
§ 4. As amended, any min-
ister in regular stand-
ing may perform cer-
emony, although not
ordained.
(House Bill No. 184. Approved June 5, 1909.)
An Act entitled, "An Act to amend section four (1+) of an Act entitled,
'An Act to revise the law in relation to marriages' " approved Feb-
ruary 27, 1874, in force July 1, 187k, as amended by an Act ap-
proved May 30, 1881, in force July 1, 1881, 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 four (4) of an Act
entitled, "An Act to revise the law in relation to marriages," approved
February 27, 187.4, in force July 1, 1874, as amended by an Act ap-
proved May 30, 1881, in force July 1, 1881, as amended by an Act ap-
proved May 13, 1905, in force July 1, 1905, be and the same is hereby
amended so as to read as follows :
§ 4. Marriages may be celebrated either by a minister of the gospel
in regular standing in the church or society to which he belongs, by a
judge of any court of record, by a justice of the peace, by any super-
intendent of any public institution for the education of the deaf and
dumb in this State, or if the parties or either of them, are members of
the religious society known as Friends or Quakers, they may lawfully
be married by making know [known] their intentions to marry to a
standing committee of any official meeting at least one week before
such marriage is consummated, and by appearing in a public meeting
or private gathering before official witnesses of said body, with a certi-
ficate duly setting forth the names and residence of each contracting
party, and of the parents of each, if living, which said certificate shall
be signed by the contracting parties and the official witnesses and shall
be publicly read by one of the witnessing parties, and afterwards duly
recorded upon the records of an organized meeting of said society : Pro-
vided, however, that all marriages commonly known as "common law
marriages" hereafter entered into shall be and the same are hereby
declared null and void unless after the contracting and entering into
of any such common law marriage a license to marry be first obtained
by such -parties who have entered into such common law marriage and
a marriage be solemnized as provided by this Act in the same manner
as is provided for persons who have obtained a license to .be joined
in marriage and are about to be joined in any such marriage. And any
children born to parties who have entered into such common law mar-
MARRIAGES MEDICINE AND SUEGERT. 277
riage shall be and are deemed legitimate upon the parents having ob-
tained a license to marry and are married in the manner provided in
this Act.
§ 2. All Acts .and parts of Acts in conflict with this Act are hereby
repealed.
Approved June 5, 1909.
MEDICINE AND SURGERY.
DENTAL SURGERY AND DENTISTRY— REVISION
1. Board of examiners.
2. Organization of board.
-§ 3. Who may practice — license — fee
■ — eligibility — examination.
§ 4. Standard of educational re-
quirements.
§ 5. What regarded as practice.
§ 6. Registration of license — fee.
§ 7. Refusal or revocation of license.
§ S. Failure to register license.
§ 9. Examination fee — license fee —
compensation of members —
report.
§ 10. Filing license or diploma of an-
other.
§11. License issued upon certificate
of foreign board — proviso.
§ 12. Removal to another state, etc.
§ 13. Fees for license and certificate.
§ 14. Biennial registration — certifi-
cate— fee.
§ 15. Exemption from jury service.
§ 1G. Penalty for unlawful practice.
§ 17. Licenses, how signed and at-
tested.
§ 18. Practice under name of com-
pany; etc.
§ 19. Repeal — proviso.
(Senate Bill No. 145. Approved June 11, 1909.)
An Act to regulate the practice of dental surgery and dentistry in the
State of Illinois, and to repeal certain Acts therein named.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That a board of examiners, to con-
sist of five practicing dentists, to be known as the Illinois State Board
of Dental Examiners, is hereby created, whose duty it shall be to carry
out the purposes and enforce the provisions of this Act, as hereinafter
specified. The members of said board shall be appointed by the Gov-
ernor, and at the time of their appointment upon said board, must be
actual residents of the State and must have been, for a period of five
years, or more, legally licensed to practice dentistry or dental surgery
in this State : Provided, however, that no person shall be eligible to ap-
pointment to said board who is in any way connected with or inter-
ested in any dental college or dental department of any institution of
learning. The term for which the members of said board shall hold
office shall be five years: Provided, that the members of the dental
board, in office at the time of the passage of this Act, shall be permitted
278 . MEDICINE AND SURGERY.
to serve out their respective terms of office for which they were ap-
pointed, and until their successors shall be duly appointed. In case
of a vacancy occurring on said board, such vacancy shall be filled by
the Governor, as herein provided.
§ 2. Said board shall choose one of its members president and one
secretary thereof, and it shall meet at least once in each year, and
oftener if necessary, in the discretion of the board, and at such times
and places as it may deem proper. A majority of the members of said
board shall, at all times, constitute a quorum, for the transaction of
the business of the board, and the proceedings thereof shall, at all rea-
sonable times, be open to public inspection.
§ 3. No person, unless previously registered or licensed to practice
dentistry in this State at the time this Act shall become operative, shall
begin the practice of dentistry or dental surgery, or any branches there-
of, without first applying for and obtaining a license for such purpose
from the Illinois State Board of Dental Examiners. Application shall
be made to said board in writing, and shall, in every instance, be ac-
companied by the examination fee of twenty dollars ($20), together with
satisfactory proof that the applicant is of good moral character and
twenty-one years of age or over at the time of making the application.
Application from a candidate who desires to secure a license from said
board to ^practice dentistry or dental surgery in this State shall be ac-
companied by satisfactory proof that the applicant so applying for a
license has been engaged in the actual, legal and lawful practice of
dentistry or dental surgery in some other state or country for five con-
secutive years just prior to application; or is a graduate of and has a
diploma from the faculty of a reputable dental college, school or dental
department of a reputable university; or is a graduate of and has a
diploma from the faculty of a reputable medical college or medical de-
partment of a reputable university, and possesses the necessary qualifi-
cations prescribed by the board. When such application and the ac-
companying proof are found satisfactory, the board shall notify the ap-
plicant to appear before it for examination at a time and place to be
fixed by the board. Examination may be made in whole or in part,
orally or in writing at the discretion of the board, and shall be of a
character as to test the qualification of the applicant to practice dentis-
try or dental surgery. All examinations provided for in this Act shall
be conducted by the board, which shall provide for a fair and wholly im-
partial method.
8 4. Said Board of Dental Examiners shall make rules or re°;ula-
tions to establish a uniform and reasonable standard of educational re-
quirements to be observed by dental schools, colleges or dental depart-
ment of universities, and said board may determine the reputability of
those by reference to their compliance with said rules or regulations.
§ 5. Any person shall be regarded as practicing dentistry or dental
surgery within the meaning of this Act, who shall treat, or profess to
treat any of the diseases or lesions of human teeth or jaws, or extract
MEDICINE AXD SURGEKY. 279
teeth, or shall prepare and fill cavities in human teeth, or correct the
malposition of teeth, or supply artificial teeth as substitutes for natural
teeth : Provided, that nothing in this -Act shall be so contrued as to pre-
vent regularly licensed physicians or surgeons from extracting teeth:
Further, this Act shall not prevent students from performing dental
operations under the supervision of competent instructors within a
dental school, college or dental department of a university recognized
as reputable by the Illinois State Board of Dental Examiners.
§ 6. Any person licensed to practice dentistry or dental surgery in
this State by the Illinois State Board of Dental Examiners, as herein-
before provided, shall personally and within ninety days from date of
issue, cause such license to be registered with the county clerks of such
county or counties in which such person desires to engage in the prac-
tice of dentistry or dental surgery, and the county clerks of the several
counties of this State shall charge for registering such license a fee of
twenty-five cents (25c) for each registration: And it is hereby provided
further, that every person who engages in the practice of dentistry or
dental surgery in this State shall cause his or her license to be registered
with the county clerk before beginning the practice of dentistry in said
county, and to be, at all times, displayed in a conspicuous place, in his
or her office wherein he or she shall practice such profession, and shall
further, whenever requested, exhibit such license to any of the members
of the said board or its authorized agent.
§ 7. The board may refuse to issue the license provided for in this
Act, or may revoke any license now in force or that shall be herea'fter
given, if issued to individuals who have, by false or fraudulent repre-
sentations, obtained or sought to obtain practice or by false or fraud-
ulent representations obtained or sought to obtain money or any other
thing of value, or have practiced under names other than their own, or
for any other dishonorable conduct. The board, when written charges
have been filed with its secretary, and seem sustained by proof, shall
fix a time and place for the examination of a person so charged and
shall give written notice to the said person of the time and place and
furnish him with a copy of the charges, at least twenty days prior to
the date fixed for the examination.
§ 8. Any failure, neglect or refusal on the part of any person ob-
taining a license to practice dentistry or dental surgery from the said
board, to register such license with the county clerk of some county in
this State, as above directed, within ninety days from the date of issue
of the same, shall work a forfeiture of such license, and no license when
once forfeited, shall be restored, except upon payment to the said board
of the sum of fifteen dollars ($15), for such neglect, failure or refusal
to register such license' and the surrender of forfeited license.
§ 9. In order to provide the means for carrying out and enforcing
the provisions of this Act, the said board shall charge each person ap-
plying to it for examination for a license to practice dentistry or dental
surgery in this State, an examination fee of twenty dollars ($20), and in
280 MEDICINE AND SURGERY.
addition thereto, a license fee of five dollars ($5), for every license or
duplicate license issued by said board, and out of the funds coming into
the possession of the board under the provisions of this Act, the mem-
bers of the said board shall each receive as compensation the sum of
ten dollars ($10), for each clay actually engaged in the duties of the
office and all legitimate and necessary expense incurred in attending the
meetings of the said board: Provided, that the secretary of the board,
for the purpose of enforcing the provisions of this Act shall receive a
salary to be fixed by the board, instead of the per diem of ten dollars
($10). All expenses shall be paid from the fees, fines and penalties
received and recovered by the board under the provisions of this Act:
Provided, that no part of. said expense shall be paid out of the State
treasury. All moneys received in excess of said per diem allowance and
other expenses herein provided shall be held by the secretary of the .said
board as a special fund for meeting expenses of said board, and said
board shall make an annual report of its proceedings to the Governor
•by the 15th day of December of each year, together with an account of
all moneys received and disbursed by them pursuant to this Act.
§ 10. Any person filing or attempting to file as his own the diploma
or license of another, or a forged affidavit of identification, or qualifica-
tion, shall be deemed guilty of a felony, and upon conviction thereof, shall
be subject to such fine and imprisonment as is made and provided by the
statutes of this State for the crime of forgery.
§ 11. The State Board of Dental Examiners may, in its discretion,
issue a license to practice dentistry or dental surgery without examina-
tion to a legal practitioner of dentistry or dental surgery, who removes
to Illinois from another state or territory of the United States, or from
a foreign country, in which he or she conducted a legal practice of den-
tistry or dental surgery for at least five years immediately preceding
his or her removal : Provided, such applicant present a certificate from
the Board of Dental Examiners, or a like- board, of the state, territory
or country from which he or she removes, certifying that he or she is a
competent dentist or dental surgeon, and of good moral character :
And, provided, further, that such certificate is presented to the Illinois
Board of Dental Examiners not more than six months after its date of
issue, and that the board of such other state, territory or country shall
in like manner, recognize certificates issued by the Board of Dental. Ex-
aminers of the State of Illinois, presented to such other board by legal
practitioner of dentistry or dental surgery from this State, who may
wish to remove to or practice in such other state, territory or country.
§ 12. Any one who is a legal and competent practitioner of dentis-
try or dental surgery in the State of Illinois, and of good moral char-
acter and known to the Board of Dental Examiners of this State as such,
who desires to change his or her residence to another state, territory, or
foreign country, shall upon application to the Board of Dental Exam-
iners, receive a certificate over the signature of the president and secre-
MEDICINE AND SURGERY. 281
tary of said board, and bearing its seal, which shall attest the facts
-above mentioned and giving the date upon which he or she was registered
and licensed.
§ 13. The fee for issuing a license to a legal practitioner from an-
other state, territory, or foreign country to practice dentistry or dental
surgery in this State under section 11 of this Act shall be twenty-five
dollars ($25), and the fee for issuing a certificate to a legal practitioner
of this State, under section 12 of this Act, shall be five dollars ($5),
and in each case the fee shall be paid in cash before the license or cer-
tificate, respectively, shall be issued.
§ 14. For the purpose of correcting and revising the register of legal
practitioners of dentistry, as kept by the State Board of Dental Exam-
iners, it shall be the duty of each person registered, or licensed, by the
board to practice dentistry in this State to procure from the secretary
of the board, on or before November 1, 1909, and on or before Novem-
ber 1st biennially thereafter, a certificate of registration. Such certi-
ficate shall be issued by the secretary upon payment of a fee to.be fixed
by the board, not exceeding the sum of one dollar. All certificates so
issued shall be prima facie evidence of the right of the holder to practice
-dentistry in this State during the time for which they are' issued, and
the same shall be exposed to public view in the operating room of the
holder. Any certificate or license heretofore granted, or that may be
hereafter granted, by the board, shall be cancelled if the holder thereof
fails to secure the renewal certificate herein provided for within a period
■of six months after November 1, 1909, and biennially thereafter: Pro-
vided, that the license or certificate thus cancelled may be restored
by the board upon the payment of a fee of twenty dollars without fur-
ther examination of the holder as to his competency and ability to prac-
tice. It shall be the duty of the secretary of the board to mail to each
person whose name appears upon the register of said board on or before
October 1, 1909, and at -the same time biennially thereafter, a printed
blank form, to be filled out by the holder of such license or certificate,
which shall be returned by such holder to the secretary of the board,
properly filled out, together with the fee established by said board for
this purpose. The board shall cause a notice to be inserted in not less
i han three newspapers in the city of Chicago, and two newspapers in the
city of Springfield, informing the dentists of this State that such regis-
tration will be required. Such notice shall be printed in such newspapers
in one of each three successive weeks between the first day of October
and the first day of November, 1909, and during the same period bi-
ennially thereafter.
§ 15. That all dentists or dental surgeons now legal practitioners of
dentistry or dental surgery in this State, or those who may hereafter
become such, shall be exempt from service as jurors in any of the courts
of this State.
§ 16. Any person who shall practice dentistry in this State without
heing registered or without a license for that purpose, or violates any
282 MEDICINE AND SURGERY.
of the provisions of this Act, shall be subject to prosecution before any
court of competent jurisdiction upon complaint, information or indict-
ment, and shall, upon conviction, be fined for each offense in any sum
not less than fifty dollars ($50) nor more than two hundred dollars
($200). All fines imposed and collected under this Act shall be paid
to the Illinois State Board of Dental Examiners for its use.
§ 17. All licenses issued by the said board shall be signed by all of
the members thereof, and be attested by its president and secretary.
§ 18. Any association or company of persons, whether incorporated
or not, who shall engage in the practice of dentistry under the name of
company, association or any other title, shall cause to be displayed and
kept in a conspicuous place at the entrance of its place of business, the
name of each and every person employed in said company or association
in the practice of dentistry, and any one so employed by said company
or association whose name shall not be so displayed as above provided,
and the said association or company, if incorporated, or the persons
comprising the same, if not incorporated, shall, for the failure to dis-
play the aforesaid names, be deemed guilty of a misdemeanor, and upon
conviction thereof, each shall be punished as provided in this Act.
Any manager, proprietor, partnership, association or incorporation
owning, running, operating or controlling any room or rooms, office or
dental parlors, where dental work is done, provided or contracted for,
who shall employ, keep or retain any unlicensed person or dentist as an
operator; or,
Who shall fail, within ten days after demand made by the secretary
of the Illinois State Board of Dental Examiners, in writing sent by
registered mail, addressed to any such manager, proprietor, partnership,
association or incorporation at said room, office or dental parlor, to fur-
nish to said secretary the names and addresses of all persons practicing
or assisting in the practice of dentistry in his place of business or under
his control, together with a sworn statement showing by what license
or authority said persons are practicing dentistry, shall be guilty of a
misdemeanor and subject to the penalties provided for in this Act:
Provided, however, that such sworn statement shall not be used as evi-
dence in any subsequent court proceeding.
§ 19. "An Act to insure the better education of practitioners of
dental surgery, and to regulate the practice of dentistry in the State of
Illinois," approved May 30, 1881, and in force July 1, 1881, and 'An
Act to regulate the practice of dental surgery and dentistry in the State
of Illinois, and to repeal an Act therein named," approved May 18, 1905,
and in force July 1, 1905, and all other Acts and parts of Acts amenda-
tory of either of said Acts, are hereby repealed: Provided, however,
that such repeal shall in no wise affect any suit, prosecution, or court
proceeding pending at the date of the passage of this Act, or the right
of the State Board of Dental Examiners created under either of said
Acts or the board created by this Act, to claim or receive any moneys
paid in by way of fine or license fee, and the board created by this
MEDICINE AND SURGERY. 283
Act shall have the power and authority to use any funds received by it
in discharging any obligation of the board or boards existing under the
Acts above repealed.
Approved June 11, 1909.
VETERINARY MEDICINE AND SURGERY — FEES AND EXPENSES OF
EXAMINERS.
§ 1. Amends section 6, Act of 1899. § 6. As amended, provides
for approval of
vouchers by Gover-
nor.
(House Bill No. 157. Approved June 8, 1909.)
An Act to amend section 6 of "An Act to regulate the practice of vet-
erinary medicine and surgery in the State of Illinois," approved April
H, 1899, in force July 1, 1899.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 6 of "An Act to regu-
late the practice of veterinary medicine and surgery in the State of
Illinois/' approved April 24, 1899, in force July 1, 1899, be and the
same is hereby amended so as to read as follows :
§ 6. Each member of the Board of Veterinary Examiners shall be
entitled to receive five dollars ($5.00) per day and necessary traveling
and incidental expenses incurred while actually engaged in the discharge
of his official duties under the direction of the State Board of Live Stock
Commissioners. Said compensation and all expenses involved in carry--
ing out the provisions of this Act shall be paid out of the fees and
penalties received under the provisions of this Act, and no part thereof
shall be paid from the State treasury. The State Board of Live Stock
Commissioners shall designate a custodian to receive all fees and penal-
ties paid under the provisions of this Act, who shall execute a bond to
said board in such sums as shall be prescribed from time to time by
said board and subject to the approval of said board, to faithfully dis-
charge the duties of custodian, and shall pay out such sums only on
vouchers certified by a majority of said board and approved by the
G-overnor of the State of Illinois.
Approved June 8,- 19-09.
281 MINES.
MINES.
COAL MINES — MINERS' EXAMINING BOARDS.
§ 1. Revises Act of 190S.
§ 1. Miner's certificate of
competency — exemp-
tions.
§ 2. Miners' examining board
— appointment — or-
ganization — compen-
sation.
§ 3. Meeting place — notice —
book of registration.
§ 4. Examination fee — report
— funds.
§ 5. Time of meeting — exam-
inations — record of
proceedings, etc.
§ 6. Violations — penalties.
§ 7. Complaints — - investiga-
tions— prosecutions.
§ 8. Administration of oath.
(Senate Bill No. 251. Approved June 5, 1909.)
An Act to amend an Act entitled, "An Act to provide for the safety
of persons employed in and about coal mines, and to provide for the
examination of persons seeking employment as coal miners, and to
prevent the employment of incompetent persons as miners, and pro-
viding penalties for the violation of the same," approved June 1,
1908, in force July 1, 1908.
Section 1. Be it enacted by the People of the Stale of Illinois rep-
resented in the General Assembly : That an Act entitled "An Act to pro-
vide for the safety of persons emptied in and about coal mines, and to
provide for the examination of persons seeking employment as coal
miners, and to prevent the employment of incompetent persons as miners,
and provide [providing] penalties for the violation of the same," ap-
proved June 1, 1908, and in force July 1, 1908, be and the same is. here-
by amended to read as follows:
§ 1. That hereafter no person whosoever shall be employed or en-
gaged as a miner in any coal mine in this State without having first ob-
tained a certificate of competency and qualification so to do from a
"Miners Examining Board" of some county in this State : Provided,
that any miner actually employed in this State when this Act becomes
effective, who has been employed as a miner at least two years in coal
mines, shall be entitled to a certificate permitting him to work in the
mines of this State as a practical miner: And, provided, further, that
any such certificated miner may have one uncertificated person working
with him and under his direction for the purpose of learning said busi-
ness of mining and becoming qualified to obtain a certificate in con-
formity with the provisions of this Act.
§ 2. In each county of this State where the business of coal mining
is carried on, there shall be created a board to be styled "The Miners'
Examining Board," to consist of three practical, experienced and skilful
miners of at least five years' continuous experience, who are then actually
engaged in mining coal in the county for which they are appointed.
Such appointments shall be made by the county judges in their respec-
tive counties immediatelv after this Act shall lie in effect, and on or
MINES. 285
before the 10th day of January in each year thereafter, and all vacancies
in said board shall be at once filled by the county judge of the county
in which such vacancy occurs.
Each of said boards shall organize by electing one of the members
president, and one member secretary; and every member of said board
shall, within ten days after his appointment, take and subscribe an oath
or affirmation before a properly qualified officer of the county in which
he resides, that he will honestly and impartially discharge his official
duties; each of said boards shall provide itself with an impression seal,
having engraved thereon the name of said board and the county for
which it is appointed.
Members of said board shall receive, as compensation for their ser-
vices, three and fifty-one-hundredths dollars ($3.50) per day for each
day actually engaged in their official duties, and all legitimate and neces-
sary expenses incurred in attending the meetings of said board, under
the provisions of this Act, and no part of the salary of the members of
said board, or the expenses thereof, shall be paid out of the State treas-
ury except as herein provided.
§ 3. Each of said examining boards shall designate some convenient
meeting place in their respective counties, of which due notice shall be
given by advertisement in two or more newspapers of the proper county.
At such meeting a book of registration shall be open in which shall be
registered the name and address of each and every person to whom said
board shall issue a certificate of competency under this Act.
§ 4. Each applicant for examination for the certificate herein pro-
vided, shall pay a fee of one dollar, and the amount derived from this
source shall be held by said boards respectively and applied to the ex-
pense and salaries herein provided, and such . as may arise under the
provisions of this Act. The said boards shall report in writing quarterly
to the court appointing them, all moneys received and disbursed under
the provisions of this Act, together with the number of miners examined
under this Act and the number failing to pass the required examination.
All moneys over and above the amount required to pay the salaries of
the members of said board in their respective counties, and their neces-
sary actual expenses while in the performance of their duty as such
board shall be paid to the' State Treasurer on the second Wednesday of
each and every month, and the same shall be paid out by said State
Treasurer only upon warrants issued by the county judge of the county
for which such board was appointed.
Said warrants shall show on their face that they are for the payment
of the salary and necessary actual expenses of the members of said board
in such county.
§ 5. It shall be the duty of said boards respectively to meet on the
first Wednesday of each month and to remain in session for a period of
two days and no longer, and said meeting shall be public. The said
board shall examine under oath all persons residing in the county in
which said board resides who apply for certificates as provided in thi9
Act, and said board shall grant such certificates of competency or quali-
286 MINES.
fications to such applicants as are qualified, which certificates shall en-
title the holders thereof to be employed as, and to do the work of miners
in any county in this State, without other or further examination.
No certificate of competency shall issue or be given to any person
under this Act unless he shall produce evidence of having had not less
than two years of practical experience as a miner or with a miner, and
in no case shall an applicant be deemed competent unless he appear in
person before the said board and orally answer intelligently and cor-
rectly at least twelve practical questions propounded to him by the board
pertaining to the requirements and qualifications of a practical miner.
The said board shall keep an accurate record of the proceedings of their
meetings and in said record shall show a correct detailed account of the
examination of each applicant with questions asked and their answers
and at each of these meetings the board shall keep said record open for
public inspection. Any miner's certificate granted under the provisions
of this Act shall not be transferable and any transfer of the same shall
be deemed a violation of this Act, Such certificates shall be issued only
at meetings of said boards, and said certificates shall not be legal unless
then and there signed by at least two members of said board, and sealed
with the seal of the board issuing the certificates.
§ 6. That no person shall hereafter engage as a miner in any coal
mine without having obtained such certificate as aforesaid. AncT no
person shall employ any person as a miner who does not hold such cer-
tificate as aforesaid, and no mine foreman or superintendent shall per-
mit or suffer any person to be employed under him, or in the mines
under his charge and supervision as a miner except as herein provided,
who does not hold such certificate. Any person or persons who shall
violate or fail to comply with the provisions of this Act shall be guilty
of a misdemeanor, and on conviction thereof shall be sentenced to pay
a fine of not less than one hundred dollars and not more than five hun-
dred dollars, or shall undergo imprisonment in the county jail for a
term of not less than thirty days and not to exceed six months, or both,
at the discretion of the court.
§ 7. It shall be the duty of the several miners' examining boards
to investigate all complaints or charges of non-compliance or violation
of the provisions of this Act, and to prosecute all persons so offending;
and it shall be the duty of the prosecuting attorney of the county where-
in the complaints or charges are made to investigate the same and prose-
cute all persons so offending, and it shall at all times be the duty of such
prosecuting attorney to prosecute such members of the miners' examin-
ing board as have failed to perform their dutv under the provisions of
this Act. Upon conviction of any member of the miners' examining
board for any violation of this Act, in addition to the penalties herein
provided, his office shall be declared vacant, and he shall be deemed in-
eligible to act as a member of the said board.
§ 8. For the purpose of this Act, the members of the said miners'
examining board shall have the power to administer oaths.
Approved June 5, 1909.
NEGOTIABLE INSTRUMENTS. 287
NEGOTIABLE INSTRUMENTS.
LEGAL HOLIDAYS — "COLUMBUS DAY."
§ 1. Amends section 17, Act of 1874. I § 17. As amended, October
12th, "Columbus
Day," declared a le-
gal holiday.
(Senate Bill No. 9. Approved Mat 10, 1909.)
An Act to amend section seventeen (11 ) of an Act entitled, "An Act
to revise the law in relation to promissory notes, bonds, due bills, and
other instruments in writing/' approved March 18, 1871/-, in force
July 1, 1874.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section seventeen (17) of an
Act entitled, "An Act to revise the law in relation to promissory notes,
bonds, due bills and other instruments in writing," approved March 18,
1874, in force July 1, 1874, be amended to read as follows :
§ 17. The following days, to-wit: The first day of January, com-
monly called New Year's Day, the twenty-second day of February, the
thirtieth day of May, the fourth day of July, the twelfth day of October,
commonly called Columbus day, the twenty-fifth day of December, com-
monly called Christmas day, the first Monday in September, to be known
as Labor day, the twelfth day of February, any day appointed or recom-
mended by the Governor of this State or by the President of the United
States as a day of fast or thanksgiving, and in cities of 200,000 inhabi-
tants or more from 12 :00 o'clock noon to 12 :00 o'clock midnight of the
last day of the week, commonly called Saturday, are hereby declared to
be lagal holidays and half holidays, the term half holiday including
the period from noon to midnight of each Saturday which is not a holi-
day, and shall, for all purposes whatsoever, as regards the presenting
for payment or acceptance, the maturity and protesting and giving notice
of the dishonor of bills of exchange, bank checks and promissory notes
and other negotiable or commercial paper or instruments, be treated
and is considered as is the first day of the week, commonly called Sun-
day. When any such holidays fall on Sunday, the Monday next follow-
ing shall be held and considered such holiday. All notes, bills, drafts,
checks, or other evidence of indebtedness, falling due or maturing on
either of said days, shall be deemed as due or maturing upon the day
following, and when two (2) or more of these days come together, or
immediately succeeding each other, then such instruments, paper or in-
debtedness shall be deemed as due or having matured on the day fol-
lowing the last of such days.
Approved May 10, 1909.
!88 NOTICES — PAEKS.
NOTICES.
PUBLICATION OF LEGAL NOTICES.
§ 1. Term "newspaper" defined.
(House Bill No. 587. Approved June 8, 1909.)
An Act concerning the publication- of legal notices.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That whenever it is required by law
that any legal notice or publication shall be published in a newspaper
in this State, it shall be held to mean a newspaper that has been regu-
larly published for at least six months prior to the first publication of
said notice.
Approved June 8, 1909.
PAEKS.
ADDITIONAL TAX UNDER ACT OP 1873.
§ 1. Amends section 1, Act of 1S73. § 1. One and one-half mill
tax authorized.
(House Bill No. 76. Approved June 14, 1909.)
An Act to amend section 1 of an Act entitled, "An Act in regard to the
completion, improvement and management of public paries and boule-
vards, and to provide a more efficient remedy for the collection of de-
linquent assessments," approved May 2, 1878, in force July 1, 1873,-
and as amended. .
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 1 of an Act entitled,.
"An Act in regard to the completion, improvement and management
of public parks and boulevards, and to provide a more efficient remedy
for the collection of delinquent assessments," approved May 2, 1873,.
in force July 1, 1873, and as amended, be and the same hereby is
amended so as to read as follows :
§ 1. That persons who have been or may be appointed or otherwise
selected as commissioners or officers and constituted a board of public
park commissioners for any town, and in pursuance of any Act or Acts
of the General Assembly of this State which has or may be submitted
to the legal voters of any town and by them adopted, for the purpose of
locating, establishing, inclosing, improving or maintaining any public
parks, boulevards, driveways, highways or other public work or improve-
ment, shall, in addition to the amount of money now authorized to be
raised by any such board of park commissioners by taxation on the prop-
erty embraced in such park district in such town, be annually allowed
a sum not exceeding one and a [one] -half mills on the dollar on the
PARKS. 289
taxable property in said town and embraced within such park district
according to the valuation of the same as made for the purposes of State
and county taxation, to be used and expended by such board of park
commissioners in governing and maintaining and improving such parks
and boulevards or pleasure ways and paying other necessary and inci-
dental expenses incurred in and about the management of such parks
and boulevards.
Approved June 14, 1909.
ADDITIONAL TAX UJVDER ACT OF 1893.
§ 1. Amends section 1, Act of 1893. I § 1. One and two-tenths
mills tax authorized
— -how collected and
disbursed.
(House. Bill No. 77. Approved June 14, 1909.)
An Act to amend section 1 of an Act entitled, "An Act to enable- park
commissioners to maintain and govern parks and boulevards under
their control" approved June 17, 1898, in force July 1, 1893, and as
amended May 18, 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 1 of an Act entitled,
"An Act to enable park commissioners to maintain and govern parks
and boulevards under their control," approved June 17, 1893, in force
July 1, 1893, as amended May 18, 1905, in force July 1, 1905, be and
the same hereby is amended so as to read as follows :
§ 1. That persons who have been or may be appointed or otherwise
selected as commissioners or officers and constituted a board of park
commissioners for any town, and in pursuance of any Act or Acts of the
General Assembly of this State which has or may be submitted to the
legal voters of such town and by them adopted, for. the purpose of locat-
ing, establishing, enclosing, improving or maintaining any public parks,
boulevards, driveways, highways or other public work or improvement,
shall in addition to the amount of money now authorized to be raised
by any such board of park commissioners by taxation on the property
embraced in such park district in such town, be annually allowed a sum
not exceeding one and two-tenths mills on the dollar of the taxable
property embraced within such park district, according to the valuation
of the same, as made for the purposes of State and county taxation, and
such additional one and two-tenths mills on the dollar of the taxable
property in such town and park district shall be used and expended
by such board of park commissioners in governing and maintaining any
parks, boulevards or pleasureways under the jurisdiction, management
or control of any such board of park commissioners and for paying any
other necessary and incidental expenses incurred In and about the
management of any such parks and boulevards ; and the county clerk of
the county in which such park district is located, or such other officer
or officers as are authorized by law to spread or assess taxes for park
— 19 L
290 PARKS.
purposes or other purposes, shall, on receiving a certificate from such
board or park commissioners, on or before the 1st day of August in each
year, that the amount mentioned in such certificate, not exceeding the
amount aforesaid, is necessary for the purpose of governing and main-
taining such parks and boulevards and for paying the necessary and in-
cidental expenses incurred in and about the management of the same,
spread and assess such amount upon the taxable property embraced in
such park district, the same as other park taxes are by law spread and
assessed; and the same shall be collected and paid over in the same
manner as other park taxes are now required by law to be collected and
paid.
Approved June 14, 1909.
ADVERTISING STRUCTURES.
§ 1. Advertising structures restricted. | § 2. Penalty.
(House Bill No. 411. Piled June 16, 1909.)
An Act restricting the erection of structures for advertising purposes
near parks and boulevards, and providing a penalty therefor.
Section 1. 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, firm or corporation, to erect, or cause to be erected,, a structure
of any kind or character within five hundred (500) feet of any public
park or boulevard within the limits of any city in this State having a
population of one hundred thousand (100,000) or more, for the pur-
pose of placing advertisements of any kind or character thereon ; and that
all bill boards and advertising signs of whatever kind or character that
are occupying space contrary to the provisions of this Act shall be re-
moved within one year after the passage of this Act.
§ 2. Any person, firm or corporation violating the provisions of this
Act upon conviction thereof shall be subject to a fine of not less than
fifty dollars ($50.00) nor more than five hundred dollars ($500.00.)
Filed June 16, 1909.
The Governor having failed to return this bill to the General Assembly during its
session, and having failed to file it in my office, with his objections, within ten days
after the adjournment of the General Assembly, it has thereby become a law.
- Witness my hand this 16th day of June, A. D. -1909.
James A. Rose,
Secretary of State.
PAKKS. 291
BONDS FOR ADDITIONAL SMALL PARKS.
§ 3. Proceeds — how used.
§ 4. Emergency.
§ 5. Repeal.
§ 1. Authorizes bond issue of one
million dollars — proviso — elec-
tion— annual tax.
§ 2. Issue and sale of bonds.
(House Bill No. 593. Approved June 10, 1909.)
An Act to enable park commissioners to- issue bonds to raise funds for
the acquisition and improvement of additional small paries and pleas*-
ure grounds, and to provide a tax for the payment of the same.
Section 1. Be it enacted by the People of the State of Illinois, rep^-
resented in the General Assembly: That every board of public park
commissioners in this State, appointed or otherwise selected as such
commissioners under and in pursuance of any Act or Acts of the Gen-
eral Assembly of this State, which has or have been or may be sub-
mitted to the legal voters of the municipality in which such board of
park commissioners shall exist, and by them adopted, establishing, en-
closing, improving and maintaining any public park, boulevard, drive-
way, highway or other public work or improvement, having selected, or
which may hereafter select, any additional land or lands as sites for small
parks or pleasure grounds, pursuant to the provisions of an Act of the
General Assembly of the State of Illinois entitled, "An Aet to enable
park commissioners to acquire, improve and maintain additional small
parks or pleasure grounds," approved and in force May 10, 1901, and
which said land or lands said board of park commissioners is or shall
be unable to pay for or improve out of its general revenues shall be and is .
hereby authorized and empowered in its discretion to issue and sell in ad-
dition to the bonds now authorized by law to be issued and sold by such
board, interest bearing coupon bonds to an amount not exceeding in the
aggregate the principal sum of one million dollars ($1,000,000) for the
purpose of raising funds for the acquisition, improvement and completion
of such additional small parks, or pleasure ground : Provided, no such
bonds shall be issued under this Act in contravention of the provisions
of section twelve (12) of article nine (9) of the constitution of this
State: And, provided, further, that the proposition to issue such bonds
shall be submitted to a vote of the legal voters of such park district at
any general or special election and receive a majority of the votes cast
upon such proposition. And power and authority are hereby expressly
granted to such board of park commissioners issuing such bonds to levy
and collect a direct annual tax upon all the taxable property within the
park district under its jurisdiction, in addition to the amount of any tax
now authorized by law to be levied and collected by it, sufficient to pay
the interest on such bonds as the same shall mature and become due, and
also to pay and discharge the principal thereof within twenty (20)
years from the date of issuing such bonds; and the county clerk of the
county in which such park district is located, or such officer or officers
as are by law authorized to spread or assess taxes for park purposes oi
other purposes, shall, on receiving a certificate from such board of park
commissioners, that the amount mentioned in such certificate is neces-
sary to pay tbe interest on such bonds and also to pay and discharge the
292
PARKS.
principal thereof as the same shall mature and become due, spread and
assess such amount upon the taxable property embraced in such park dis-
trict in the same manner as other park taxes or general taxes are by law
spread and assessed; and the same shall be collected and paid over the
same as other park taxes are required by law to be collected and paid.
§ 2. Said bonds may be issued in such form as such board of park
commissioners may determine and in the name of such board of park
commissioners and shall be signed by the president, attested by the secre-
tary under the corporate seal and countersigned by the treasurer of such
board of park commissioners: And they may be of the denomination
of twenty-five dollars ($25.00) and any multiple thereof and shall bear
interest at a rate not exceeding five (5) per centum per annum, payable
semi-annually and evidenced by interest coupons attached thereto. The
principal of said bonds shall be payable at such place and at. such time
not exceeding twenty (20) years from the date of the issue of such bonds
as such board of park commissioners may determine. Bond [s] issued
under this Act may be sold by such board of park commissioners at such
prices as it shall deem expedient, but not, however, for less than the par
value thereof and the accrued interest thereon at the date of sale and the
proceeds arising from the sale of said bonds shall be used by such board
of park commissioners exclusively for the uses and purposes therein set
forth.
§ 3. The proceeds of the bonds herein authorized shall be used ex-
clusively for the purchase and improvement of the lots, Blocks or parcels
of land which may be selected for such additional small parks and
pleasure grounds.
§ 4. Whereas, An emergency exists, therefore this Act shall take
effect and be in force from and after the date of its passage and ap-
proval.
§ 5. Any and all laws in conflict with this Act are hereby repealed.
Approved June 10,. 1909.
ANNEXATION OF TERRITORY.
§ 1. Amends section 38, Act of 1895.
§ 38.
As amended, provides
for joint petition
when legal voters are
less than one hun-
dred.
(Senate Bill No. 519. Approved June 9, 1909.)
An Act to amend section 38 of an Act entitled, "An Act to provide for
the organization of park districts and the transfer of submerged lands
to those bordering on navigable bodies of water" approved June 21/.,
1895, in force July 1, 1895, as amended by an Act approved April
22, 1899, in force July 1, 1899.
Section 1. Be it enacted by the People of the State of Illinois rep-
•resented in the General Assembly: That section 38 of an Act entitled,
"An Act to provide for the organization of park districts and the trans-
fer of submerged lands to those bordering on navigable bodies of water,"
PAKKS. 293
approved. June 24, 1895, in force July 1, 1895, as amended by Act ap-
proved April 22, 1899, in force July 1, 1899, be and the same is hereby
amended so as to read as follows :
§ 38. How pkopertt mat be annexed — election, etc.] Terri-
tory adjoining and in the same county with any park district organized
under this Act may be annexed to and become a part of such district
in the manner following: Any one hundred legal voters, residents with-
in the territory proposed to be annexed, may petition the county judge
of the county wherein land proposed to be annexed lies, to cause the
question to be submitted to the legal voters of such park district and of
the territory proposed to be annexed, whether such territory shall be
annexed and become a part of the adjoining park district, and the
petition shall set forth the name of the park district and define the
limits of the territory proposed to be annexed thereto : Provided, lioic-
ever, if the legal voters, residents within the territory proposed to be
annexed are fewer than one hundred (100) in number, a majority of
such legal voters, together with a majority of the owners of lands within
the territory proposed to be annexed, who shall have arrived at lawful
age, and who represent a major portion in area of the land within such
territory, may petition in like manner as above provided. Upon the
riling of the petition in the office of the county clerk of the county in
which such territory is situated, it shall be the duty of the county judge
of said county to order an election to be held in the territory proposed
to be annexed, and also in said park district, and in such order said
judge shall fix the time and place or places when and where such special
election may be held, to determine the question of annexation, and shall
name the persons to act as judges of such election, and shall give at
least twenty days' notice thereof by causing notice to be posted in five
public places within the territory proposed to be annexed, and also in
five public places within such park district. The ballot to be used
at such election shall be in the following form:
"For annexation."
"Against annexation."
The judges at such election shall make return thereof to the county
judge, who shall canvass such returns and cause a statement of the result
of such election to be entered upon the records of the county court, a
certified copy of which record shall be [by] said commissioners spread
upon the records of paid park district. If a majority of the votes cast
upon that question at such election in the territory proposed to be an-
nexed shall be for annexation ; and also if a majority of the votes cast
upon that question in the park district shall [be] for annexation, then
said adjoining territory shall thenceforth become and be a part of such
district, the same as though originally included therein.
Approved June 9, 1909.
29-4 PARKS.
DRIVES TO PUBLIC PARKS— CONTROL AND IMPROVEMENT.
§ 1. Amends section 2, Act of 1879. § 2. As amended, provides
for ten annual in-
stallments of special
tax or assessments.
(Senate Bill No. 275. Approved Mat 25, 1909.)
An Act to amend section 2 of an Act entitled, "An Act to enable park
commissioners or corporate authorities to take, regulate, control and
improve public streets leading to public parks; to pay for the improve-
ment thereof, and in that behalf to make and collect a special assess-
ment, or special tax on contiguous property,'" approved and in force
April 9, 1819 ; as amended by an Act approved June 16, 1887, in
force July 1, 1887.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 2 of an Act entitled,
"An Act to enable park commissioners or corporate authorities to take,
regulate, control and improve public streets leading to public parks;
to pay for the improvement thereof, and in that behalf to make and
collect a special assessment, or special tax on contiguous property," ap-
proved and in force April 9, 1879, as amended by an Act approved June
16, 1887, in force July 1, 1887, be, and the same is hereby amended to
read as follows:
§ 2. That such park commissioners, or such corporate authorities
as are by law authorized to levy taxes or assessments for the mainten-
ance of such parks, shall have power to improve, maintain and repair
such street or streets in such manner as they may deem best, and for
that purpose they are hereby authorized to pay for the improvement
thereof, and from time to time to levy, or cause to be levied and collected
a special tax or assessment on contiguous property abutting upon such
street so improved for a sum of money not exceeding the estimated cost
of such first improvement or improvements, as shall be ordered and
estimated by such board of park commissioners, but not for any subse-
quent care, maintenance or repair thereof; and to that end such board
or corporate authorities shall have all the power and authority now or
hereafter granted to them respectively, relative to the levy, assessment
and collection of taxes, or assessment for corporate purposes; and such
special tax or assessments as are hereby authorized may be divided into
not exceeding ten annual installments, bearing interest at the rate of
six per cent per annum from the date of confirmation until paid, and
the assessment or installments thereof shall be collected and enforced
in the same manner as is provided by law for the collection and enforce-
ment of other taxes or assessments for, or on account of such corporate
bodies or boards, as aforesaid, so far as the same are applicable.
Approved May 25, 1909.
PAKKS. 295
HIGHWAYS ADJOINING PUBLIC PARKS— IMPROVEMENT AND REPAIRS.
§ 1." Amends section 1, Act of 1907,
and adds sections 2, 3 and 4
thereto.
§ 1. Agreements authorized.
§ 2. Powers — bond issue —
limitation — tax levy.
§ 3. Remainder of cost — how
raised.
§ 4. Payment to city, town
or village — limitation.
[§ 2.] § 5. Emergency.
(Senate Bill No. 232. Approved Mat 25, 1909.)
An Act to amend section one of an Act entitled, "An Act to provide
for making improvements and repairs upon highways adjoining pub-
lic parks and pleasure grounds'' approved and in force April 22,
1907, and to add thereto three new sections, to be known as sections
2, 3 and Jf.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section one of the Act entitled,
"An Act to provide for making improvements and repairs upon high-
ways adjoining public parks and pleasure grounds," approved and in
force April 22, 1907, be amended so as to read as follows, and to add to
said Act three new sections to be known as sections 2, 3 and 4.
§ 1. That whenever any public street, avenue or alley, under the
control of any city, town or village, adjoins any public park or pleasure
ground under the control of any public park commissioners and is in
need of improvements or repairs, it shall be competent for said park
commissioners and said city, town or village, from time to time, to en-
ter into an agreement for the payment to such city, town or village by
said park commissioners of such portion of the cost of said improve-
ments or repairs as may, in the judgment of said commissioners, be of
benefit to said park or pleasure ground, or to enter into an agreement
for the making of such portion of said improvements or repairs by said
commissioners.
§ 2. In case such an agreement shall have been entered into, the com-
missioners having the control of such park or pleasure ground or the
corporate authorities of the town within which such park or pleasure
ground may be situated, shall have the power to pay for such portion
of the cost of such improvements or repairs out of the general revenues
of such board of park commissioners or corporate authorities controlling
any such park or pleasure ground or by the issue and sale from time to
time of interest bearing bonds: Provided, no bonds shall be issued un-
der this Act contrary to the provisions of section 12 of article IX of
the constitution of this State : And, provided, further, that the total
amount of said bonds to be so issued shall not exceed the sum of five
hundred thousand dollars ($500,000.00), and authority is hereby ex-
pressly granted to the park commissioners or corporate authorities is-
suing such bonds to levy and collect a direct annual tax upon the prop-
erty within the jurisdiction of such park commissioners or corporate
authorities, in addition to any tax now authorized by law to be levied
and collected by them, sufficient to pay the interest on said bonds as it
296 PARKS.
falls due, and also to pay and discharge the principal thereof within
twenty (20) years from the date of issuing said bonds; and the county
clerk of the county in which such park district or town is located, or
such other officer or officers as are by law authorized to spread or assess
taxes for park purposes, on receiving a certificate from such park com-
missioners or corporate authorities that the amount mentioned in such
certificate is necessary to pay the interest on said 'bonds, and also to pay
and discharge the principal thereof, within twenty (20) years from "the
date of issuing said bonds, shall spread and assess such amount upon
the taxable property embraced in said park district or town, the same
as other park taxes are by law spread and assessed, and the same shall
be collected and paid over as other park taxes are required by law to be
collected and paid.
§ 3. The remainder of the cost of making such improvements or re-
pairs shall be raised by said city, town or village by general taxation
or special assessment, or partly by general taxation and partly by special
assessment, as said city, town or village may determine.
§ 4. Park commissioners having the control .of any public park or
pleasure ground adjoining any street, avenue or alley under the control
of any city, town or village, shall have the power under this Act to pay
to such city, town or village such sum or sums of money, out of the
proceeds of the sale of said bonds, not to exceed, however, a total amount
of one hundred thousand dollars ($100,000), as may be necessary for
the purpose of discharging any valid existing indebtedness of such park
commissioners arising from any agreement or agreements made by such
commissioners with such city, town or village prior to the adoption of
this Act, for the improvement and repair of any such- public street, ave-
nue or alley.
§ 5. Whereas, An emergency exists, this Act shall take effect and
be in force from and after its passage.
Approved May 25, 1909.
LEGALIZING CERTAIN ELECTIONS.
§ 1. Certain elections under Act 1895 § 2. Emergency,
legalized.
(House Bill No. 154. Approved April 22, 1909.)
An Act to legalize certain elections held under and by virtue of "An
Act to provide for the organization of park districts and the transfer
of submerged lands to those bordering on navigable bodies of water,"
approved June 21/., 1895, in force July 1, 1895.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That whenever any park district
organized under and by virtue of an Act of the General' Assembly of the
State of Illinois entitled, "An Act to provide for the organization of
park districts and the transfer of submerged lands to those bordering
on navigable bodies of water," approved June 24, 1895, in force July 1,
PARKS. 297
1895, a part of which said district, at the time of its said organization,
was situated within the corporate limits of a city, village or incorpor-
ated town in this State, which had therefore adopted the provisions
of an Act of the General Assembly of the State of Illinois entitled,
"An Act to amend an Act entitled fAn Act regulating the holding of
elections and declaring the result thereof in cities, villages and incor-
porated towns in this State/ " approved June 19, 1885, in force July
1, 1885; as amended by an Act approved June 18, 1891, in force July
1, 1891 ; as amended by Act approved April 24, 1899, in force July 1,
1899, known as "The City Election Law/' and the election for the or-
ganization of said park district and the election of the first board of
commissioners thereof, has been held under the order, direction and su-
pervision of the county judge, or judges, as provided by sections 2, 3,
4 and 5 of said first above mentioned Act, and where said election with-
in that part of said park district lying within any city, village or in-
corporated town that had adopted the provisions of the said city elec-
tion law, herein above mentioned, was not held under the direction and
supervision of the election commissioners of said city, village or incor-
porated town as provided in said city election law then, and in such
ease said elections are hereby held and declared to be duly and legally
held, and all park districts organized under and by virtue of said elec-
tions, if otherwise legally organized, are hereby held and declared to be
duly and legally organized, and all park commissioners elected in any
such district or districts at such elections are hereby declared to have*
been duly and legally elected, and all the acts of such park district or
districts and of the commissioners thereof, if otherwise legal, are hereby
made and declared to be legal, binding and of full force and effect.
.§ 2. Whereas, An emergency exists, therefore, this Act shall be in
full force and effect from and after its passage and approval.
Approved April 22, 1909.
PUBLIC STREETS— CONTROL, AND IMPROVEMENT.
§ 1. Amends section 2, Act of 1895. § 2. As amended, provides
for ten annual in-
stallments of special
tax or assessments.
(Senate Bill No. 274. Approved Mat 25, 1909.)
An Act to amend section 2 of an Act entitled, "An Act to enable park
commissioners or park authorities to take, regulate, control and im-
prove public streets and to pay for the improvement thereof." ap-
proved June 21, 1895, in force July 1, 1895.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 2 of an Act entitled,
"An Act to enable park commissioners or park authorities to take, reg-
ulate, control and improve public streets and to pay for the improve-
ment thereof/' approved June 21, 1895, in force July 1, 1895, be, and
the same is, hereby amended to read as follows:
298 PARKS.
§ 2. That such board of park commissioners or park authorities
shall have power to improve such street or streets, or parts thereof, in
such manner as they may deem best and as they have or may hereafter
have power to improve other streets under their control, and for that
purpose they are hereby authorized to pay for the improvement thereof
by levying, assessing and collecting a special tax on contiguous prop-
erty abutting on said street or streets or parts thereof so improved, or a
special assessment on property benefited, in the manner in which said
board of park commissioners or park authorities are now or may be
hereafter empowered by law to levy, assess and collect special taxes on
contiguous property or special assessments for benefits in other cases,
or to- pay therefor by general taxation, or both, but no such special tax
or special assessment shall be levied for the maintenance and repair of
such improved street, but the same shall be maintained -and repaired by
said park boards or park authorities as in other cases. And such special
taxes or special assessments as are hereby authorized may be divided into
not exceeding ten annual installments, bearing six per cent per annum
interest from the date of confirmation thereof by the court until paid,
and the same shall be collected and enforced in the same manner as is or
may hereafter be provided by law for the collection and enforcement of
other special taxes or special assessments for or on account of said
park commissioners or park authorities, so far as the same is applicable.
Approved May 25, 1909.
TAX BY CERTAIN CITIES FOR PARK PURPOSES — MUSIC. .
§ 1. Amends section 1, Act of 1893. I § 1. As amended, provides
for music in summer.
(House Bill No. 448. Approved June 14, 1909.)
An Act to amend "An Act to provide for the assessment and collection
of a general tax by cities, for parks and boulevard purposes/'' ap-
proved, June 17, 1893, in force June 17, 1893, as amended by an Act
approved and in force January 31, 1895.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That "An Act to provide for the as-
sessment and collection of a general tax by cities for parks and boulevard
purposes," approved June 17, 1893, in force June 17, 1893, as amended
by an Act approved and in force January 31, 1895.
§ 1. That the city council in cities having a population of not less
than five thousand nor more than one hundred thousand inhabitants, to
be ascertained by the last United States census, whether incorporated
under the general law or special charter, shall have the power, by ordi-
nance, to provide annually by taxation a special fund not to exceed
eighteen (18) cents on each one hundred dollars' valuation of the tax-
able property within the corporate limits of said cities, to be assessed
and collected in the same manner as the other general taxes for said
PARKS — PAUPEKS. 299
cities are assessed and collected, to be used only for the purpose of pur-
chasing land for parks and boulevards in and around such cities, and
for opening, improving and maintaining the same : Provided, that the
said annual park and boulevard tax shall not be included in the aggre-
gate'amount of taxes as limited by section one (1) of article eight (8)
of "An Act for the incorporation of cities and villages/' approved April
10, 1872, and the amendatory Acts thereto, or by any provision of any
special charter under which any city in this State is now organized:
And, provided, further, that an amount not to exceed twenty per cent
of such special fund may be expended for the purpose of providing
music in such parks during the months of May, June, July, August
and September in each year.
Approved June 14, 1909.
PAUPEKS.
RECOVERY FROM RELATIVES.
§ 1. Amends sections 2, 23 and 24, I §§ 2, 23 and 24. As amended,
Act of 1874. provide for recovery
from relatives for
aid.
(House Bill No. 555. Approved June 10, 1909.)
An Act to amend section [s] two (2), twenty-three (23) and twenty-four
(24-) of an Act entitled, "An Act to revise the law in relation to
paupers," approved March 23, 1814, in force July 1, 1874; as amended
by an Act approved May 24, 1877, in force July 1, 1877 ; as amended
by an Act approved June 1, 1889; in force July 1, 1889; as amended
by an Act approved May 13 1905, in force July 1, 1905; as amended
by an Act approved May 24, 1907, in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That sections two (2), twenty- three
(23) and twenty-four (24) of an Act entitled "An Act to revise the
law in relation to paupers," approved March 23, 1874, in force July 1,
1874; as amended by an Act approved May 24, 1877, in force July 1,
1877; as amended by an Act approved June 1, 1889, in force July 1,
1889 ; as amended by an Act approved May 13, 1905, in force July 1,
1905; as amended by an Act approved May 24, 1907, in force July 1,
1907, be and the same are hereby amended to read as follows:
§ 2. The children shall first be called on to support their parents,
if there be children of sufficient ability; and if there be none of suffi-
cient ability, the parents of such poor person shall next be called on if
they be of sufficient ability; and if there be no parents or children of
sufficient ability, the brothers and sisters of such poor person shall next
be called on, if they be of sufficient ability ; and if there be no brothers
or sisters of sufficient ability, the grand children of such poor person
300 PAUPERS PAWNBROKERS.
shall next be called on, if they be of sufficient ability, and next the
grandparents, if they be of sufficient ability : Provided, married females,
while their husbands live, shall not be liable to contribute for the sup-
port of their poor relatives, except when they have separate property,
or property in their own right, out of which such contributions can be
made : Provided, further, that when the county in the first instance shall
furnish support to such persons as are mentioned in section 1 of this
Act, that the county can sue the relatives mentioned in this section, in
the manner provided in this Act, for any sum or sums paid by the county
for the support of such person [s] mentioned in section 1 of this Act.
§ 23. When any poor or indigent person does not require to be sup-
ported wholly by the county, the overseer of the poor may, subject to
such limitations as may be prescribed by the county board, render him
temporary relief without his being committed to the care of any such
person, or being sent to the county poor house : Provided, that when
the county shall furnish such poor or indigent person temporary relief,
that the county shall recover from the relatives of such poor or indigent
persons in an appropriate action as provided by this Act.
§ 24. When any non-resident, or any person not coming within the
definition of a pauper, of any county or town, shall fall sick or die, not
having money or property to pay his board, nursing and medical aid or
burial expenses, the overseer or overseers of the poor of the town or pre-
cinct in which he may be shall give, or cause to be given to him such
assistance as they may deem necessary and proper, or cause him to be
conveyed to his home, and if he shall die, cause him to be decently
buried ; and the county shall pay the reasonable expense thereof, which
expenses of board, nursing, medical aid and burial expenses, may be
recovered from the relatives of the said pauper, or from the county of
which he is a resident, in an appropriate action.
Approved June 10, 1909.
PAWNBEOKEES.
§ i
REGULATION OF PAWNBROKERS — REVISION.
§ S. Property from minor.
Pawnbroker defined.
Rate of percentage allowed.
Notice in English language.
Signed memorandum.
Record in ink.
Inspection.'
Daily report.
§ 9. Property from intoxicated per-
son or thief — return of stolen
property.
§ 10. Sale of property.
§ 11. Penalty.
§ 12. Repeals Act of 1879.
(Senate Bill No. 281. Approved June 9, 1909.)
An Act for the regulation of pawnbrokers, and repealing a certain Act
therein named.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That every person or company en-
PAWNBROKERS. 301
gaged in the business of receiving property in pledge, or as security for
money or other thing advanced to the pawner or pledger, shall be held
and is hereby declared and defined to be a pawnbroker.
§ 2. It shall be unlawful for any pawnbroker, as herein provided,
to charge or collect a greater benefit or percentage upon money advanced,
and for the use and forbearance thereof, than the rate of three per cent
per month : Provided, that nothing herein shall be construed so as to
conflict with the law pertaining to usury;, and the person receiving
money so advanced shall not be held to pay any storage, insurance or
other charges, other than such interest as herein provided.
§ 3. Every pawnbroker shall at all times have and keep section 2
of this Act printed in the English language and framed and posted in
a prominent and conspicuous position in his place of business, so that
the same shall be plainly legible and visible to all persons depositing or
pledging property with such pawnbroker.
§ 4. Every pawnbroker shall, at the time of making any advance-
ment or loan, deliver to the person pawning or pledging any property
a memorandum or note signed by him containing an' accurate account
and description, in the English language, of all the goods, articles or
other things pawned or pledged, the amount of money, value of thing
loaned thereon, the time of pledging the same, the rate of interest to
be paid on such loan and the name and residence of the person making
such pawn or pledge.
§ 5. Every pawn and loan broker shall keep a book in which shall
be written in ink, at the time of each and every loan or taking of a
pledge, an accurate account and description, in the English language,
of all the goods, articles and other things pawned or pledged, the amount
of money, value or thing loaned thereon, the time of pledging the same,
the rate of interest to be paid on such loan, and the name and residence
of the person making such pawn or pledge. No entry in such book shall
be erased, mutilated or changed.
§ 6. The said book, as well as every article or other thing of value
so pawned or pledged, shall at all times be open to the inspection of the
sheriff of the county, his deputies or any members of the police force
of any city in the county in which such pawnbroker does business.
§»7. It shall be the duty of every pawnbroker to make out and de-
liver to the sheriff of the county in which such pawnbroker does business,
on each day before the hour of 12 :00 o'clock noon, a legible and correcf
copy from said book, as required in section 5 of this Act, of all personal
property and other valuable things received on deposit or purchased
during the preceding day, together with the exact time when received
or purchased, and a description of the person or persons by whom
left in pledge, or from whom the same were purchased : Provided, that
in cities or towns having twenty-five thousand or more inhabitants, a
copy of the said report shall at the same time also be delivered to the
superintendent of police or the chief police officer of such city or town.
302 PAWNBROKERS.
§ 8. No pawnbroker shall take or receive any pawn or pledge for
any advancement or loan, any property of any kind from any minor,
or the ownership of which is in, or which is claimed by, any minor, or
which may be in the possession or under the control of any minor.
§ 9. No pawnbroker shall take any article in pawn or pledge from
any person appearing to be intoxicated, nor, from any person known to
be a thief or to have been convicted of larceny; and when any person
is found to be the owner of stolen property which has been pawned, such
property shall be returned to the owner thereof without the payment of
the money advanced by the pawnbroker thereon or any costs or charges
of any kind which the pawnbroker may have placed upon the same.
§ 10. No personal property received on deposit or pledge, or pur-
chased by any such pawnbroker, shall be sold or be permitted to be re-
deemed or removed from the place of business of such pawnbroker for
the space of twenty-four hours after the delivery of the copy and state-
ment required by section 7 of this Act required to be delivered to the
officer or officers named therein; and no personal property pawned or
pledged shall be sold or disposed of by any such pawnbroker within one
year from the time when the pawner or pledger shall make default in
the payment of the interest on the money so advanced by such pawn-
broker, unless by the written consent of such pawner or pledger.
§ 11. Every pawnbroker who shall be found guilty of a violation
of the provisions of this Act, shall, for the first offense, be fined a sum
not less than twenty dollars, nor more than one hundred dollars, and
for each subsequent offense not less than fifty dollars, nor more than
two hundred dollars, or imprisonment in the county jail not exceeding
thirty days, or either or both, in the discretion of the court : Provided,
that this Act shall not be construed as to, in any wise, impair the power
of cities or villages in this State to license, tax, regulate, suppress and
prohibit pawnbrokers as now provided by law.
§ 12. An Act for the regulation of pawnbrokers,- approved June 4,
1879, in force July 1, 1879 ; as amended by an Act approved May 14,
1903, in force July 1, 1903, is hereby repealed.
Approved June 9, 1909.
PENITENTIARIES. 303
PENITENTIARIES.
CONVICT LABOR — RIVER IMPROVEMENTS.
§ 1. Amends section 11, Act of 1903. | § 11. As amended, adds pro-
viso concerning im-
provement of rivers.
(House Bill No. 737. Filed June 16, 1909.)
An Act to amend section 11 of an Act entitled, "An Act to regulate the
employment of convicts and prisoners in the penal and reformatory
institutions of the State of Illinois and providing for the disposition
of the products of their skill and industry'' approved May 11, 1903,
in force July 1, 1903, and as amended by Act approved May 18, 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 11 of an Act entitled,
"An Act to regulate the employment of convicts and prisoners in the
penal and reformatory institutions of the State of Illinois and provid-
ing for the disposition of the products of their skill and industry/' ap-
proved May 11, 1903, in force July 1, 1903, as amended May 18, 1905,
in force July 1, 1905, be and the same is hereby amended so as to read
as follows;
§( 11. The labor of convicts in penitentiaries and reformatories in
this State after the necessary labor for the manufacture of all needed
supplies for said institutions shall be primarily devoted to the State
and the public institutions and buildings thereof, and the manufacture
of supplies for the State and public institutions thereof, and secondly
to the school and road districts of the State and the public institutions
thereof: But, provided, that if the demands of the State, the State
institutions and the school and road districts thereof, as herein provided,
shall not be sufficient to furnish employment to all the prisoners of
the penal and reformatory institutions of the State, then the Board
of Prison Industries may and are hereby authorized to dispose of the
surplus products of such labor to the best advantage of the State : But,
provided, further, that not more than forty per cent (40 per cent) of
said prisoners in the penal and reformatory institutions shall be em-
ployed in the manufacture of products of industries heretofore estab-
lished, which may be disposed of other than to the State, State institu-
tions and school and road districts of this State : And, provided, further,
that the said Board of Prison Industries under the direction of the Gov-
ernor is hereby authorized to employ not more than forty per cent (40
per cent) of said prisoners in the penal and reformatory institutions for
the improvement of the channels of the Okaw, Cache, Little Wabash,
Big Muddy, Saline and Sangamon rivers.
Filed June 16, 1909.
The Governor having failed to return this hill to the General Assembly during its
session, and having failed to file it in my office, with his objections, within ten days
after the adjournment of the General Assembly, it has thereby become a law. •
Witness my hand this 16th day of June, A. D. 1909.
James A. Rose,
Secretary of State.
504 PRACTICE.
PEACTICE.
PRACTICE AND PROCEDURE IN COURTS OP RECORD — APPEALS.
§ 122. Supreme court to re-
examine cases as to
questions of law only.
Repeals section 119, Act of 1907.
§ 1. Amends sections 121 and 122,
Act of 1907.
§ 121. Judgments and de-
crees of appellate
court final — excep-
tions— provisos.
(Senate Bill No. 11. Approved June 4, 1909.)
An Act to amend sections 121 and 122 of an Act entitled, "An Act in
relation to practice and procedure in courts of record/' approved June
3, 1907, in force July 1, 1907, and to repeal section 119 thereof.
Section 1. Be it enacted by the People of the State of Illinois, rep--
resented in the General Assembly: That sections 121 and 122 of an
Act entitled, "An Act in relation to practice and procedure in courts
of record/' approved June 3, 1907, in force July 1, 1907, be and the
same are hereby amended to read as follows :
§ 121. In all cases in which their jurisdiction is invoked pursuant
to law, except those wherein appeals and writs of error are specifically
required by the constitution of the State to be allowed from the appel-
late courts to the Supreme Court, the judgments or decrees of the Ap-
pellate Courts shall be final, subject, however, to the following excep-
tions: (1) In case a majority of the judges of the Appellate Court or
of any branch thereof shall be of opinion that a case (regardless of the
amount involved) decided by them involves a question of such import-
ance, either on account of principal or collateral interests, as that it
should be passed upon by the Supreme Court, they may in such cases
grant appeals to the Supreme Court on petition of parties to the cause,
in which case the said Appellate Court shall certify to the Supreme
Court the grounds of granting said appeal. (2) In any such case
as is hereinbefore made final in the said Appellate Courts it shall be
competent for the Supreme Court to require, by certiorari or otherwise,
any such case to be certified to the Supreme Court for its review and
determination with the same power and authority in the case, and with
like effect, as if it had been carried by appeal or writ of error to the
Supreme Court: Provided, however, that in actions ex contractu (ex-
clusive of actions involving a penalty) and in all cases sounding in dam-
ages the judgment, exclusive of costs shall be more than one thousand
dollars ($1,000) : And, provided, also, that application under this Act
to the Supreme Court to cause it to require a case to be certified to it for
its review and determination shall be made on or before twenty (20)
days before the first day of the suceeding term of said Supreme Court:
Provided, fifty (50) days shall have intervened between the day on
which a rehearing in the Appellate Court shall have been denied or the
day upon which the leave to apply for a rehearing shall have expired
without any such application having been made, and the first day of
PRACTICE. 305
such succeeding term of said court. But if less than fifty (50) days
shall have intervened as aforesaid, then such application shall be made
on or before twenty (20) days before the first day of the second term
of the Supreme Court succeeding the day on which a rehearing in the
Appellate Court shall have been denied or the day upon which the leave
to apply for a rehearing shall have expired without any such applica-
tion having been made, otherwise said power of the Supreme Court to
review the judgment and decree of the Appellate Court shall cease to
exist.
Whenever judgment has been rendered in any of the said Appellate
Courts, the Appellate Court so rendering judgment shall have power to
stay the issuing of any mandate until the time for filing a petition in
the Supreme Court for a writ of certiorari shall have expired without
any such petition having been filed, or if such petition for said writ
shall have been filed within the proper, time, the Appelate Court so
rendering judgment shall have -power to stay the issuing of any man-
date until said writ of certiorari shall have been granted or refused.
Whenever said writ of certiorari shall have been granted, the issuing
or enforcement of any mandate of the Appellate faourt pursuant to its
judgment, or of any judgment entered in any court or standing affirmed
in any court pursuant to the mandate of the Appellate Court, shall be
stayed without further order by the Supreme Court, until the final
disposition of the case by the Supreme Court.
§ 122. The Supreme Court shall re-examine cases brought to it by
appeal or writ of certiorari as provided in this Act, from the Appellate
Courts, as to questions of law only; and in the cases aforesaid, no assign-
ment of error shall be allowed calling in question the determination
of the inferior or appellate courts upon controverted questions of fact
therein.
§ 2. Section 119 of "An Act in relation to practice and procedure
in courts of record/' approved June 3, 1907, in force July 1, 1907, be
and the same is hereby repealed.
Approved June 4, 1909.
-20 L
306 RAILROADS.
RAILKOADS.
CABOOSE CARS.
§ 1. Size and equipment of caboose I § 3. Enforcement.
. cars.
§ 4. Temporary use — permit.
§ 2. Penalty.
(Senate Bill No. 62. Approved June 15, 1909.)
An Act to regulate the size and manner of construction of all caboose
cars used by any person, receiver or corporation operating a line of
railroad situated wholly or in part within the State and providing
a penalty in the event of failure.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That it shall he unlawful for any per-
son, receiver or corporation, operating a line of railroad situated in
whole or in part in the State of Illinois, to require or to permit the use
of any caboose cars unless said caboose cars shall be at least twenty-
four feet in length, exclusive of platforms, and shall be provided with a
door in each end thereof, and with cupolas and with platforms, not less
than thirty inches wide across each end thereof, and that said platforms
shall be equipped with guard rails, grab irons and steps for the safety
of persons in alighting or getting on said caboose cars, and said caboose
cars shall be equipped with at least two four-wheel trucks.
§ 2. Any person, receiver or corporation, operating a line of rail-
road situated in whole or in part in this State, violating any of the
provisions of section 1 of this Act, shall be deemed guilty of a misde-
meanor and upon conviction thereof, shall be fined not less than one
hundred dollars ($100) nor more than five hundred dollars ($500) for
each offense.
§ 3. It shall be the duty of the Board of Railroad and Warehouse
Commissioners to have this law enforced.
§ 4. The provisions of this Act shall not apply to the use of caboose
cars in yard and in transfer service, nor to the use of caboose cars now
owned by any railroad or railway company operating in this State; and
it is further provided that in case of unusual and unforseen demands
of traffic, caboose cars not of standard construction may be used tem-
porarily : Provided, that the railway company or companies desiring to
use the same shall apply to and obtain an order of the Railroad and
Warehouse Commission granting the privilege to temporarily use the
same.
Approved June 15, 1909.
RAILROADS. 307
SIDE TRACKS AND CONNECTIONS.
§ 1. Switch connection with railroad I § 2. Complaints — investigation — de-
track of shipper — cars. cision by Railroad and Ware-
I house Commission.
(House Bill No. 706. Approved June 14, 1909.)
An Act requiring common carriers of freight to provide and maintain
sidetrack? r%d connections for shippers and receivers of freight.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: Any railroad being a common car-
rier of freight, upon application of any shipper tendering or receiving
freight or merchandise in carload lots, shall construct, maintain and
operate, upon reasonable terms upon its own right of way at any regu-
lar station, a switch connection with any such shippers railroad, track
which may be constructed to connect with its railroad upon its right
of way, where such connection is reasonably practicable and can be put
in with safety and will furnish sufficient revenue business to such rail-
road company to justify the construction and maintenance of the same,
and shall furnish ^cars for the movement of such traffic upon* such switch
upon its own rails to the best of its ability without discrimination in
favor of or against any such shipper.
§ 2. If any such common carrier shall fail to install and operate
any such switch and connection as aforesaid, on application therefor in
writing by any such shipper, he may make complaint to the Eailroad
and Warehouse Commission, and the Commission shall hear and in-
vestigate the same and shall determine as to the safety and practicability
thereof and justification and reasonable compensation therefor, and the
commission may make an order, directing the common carrier to comply
with the provisions of this Act in accordance with such order; such
order shall be enforced as other orders of the commission may be en-
forced, and said commission, if it shall decide that such sidetrack and
connection shall be provided by such common carrier, may begin pro-
ceedings in any circuit court having jurisdiction over such railroad com-
pany to compel such railroad company to provide such sidetrack and
connection.
Approved June 14, 1909.
308 REVENUE.
KEVENUE.
ASSESSED VALUATION OF PROPERTY.
§ 1. Amends sections 17 and 18, Act j § IS. As amended, "assessed
of 1898. | value" one-third.
i
§ 17. As amended, "assessed . I
value"' one-third.
"(House Bill No. 293. Approved June 12, 1909.)
An Act to amend sections 11 and 18 of an Act entitled, "An Act for the
assessment of property and providing the means therefor, and to re-
peal a certain Act therein named/' approved February 25, 1898, in
force July 1, 1898.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That sections 17 and 18 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, 189S, be and the same hereby are
amended to read as follows :
§ 17. The assessor shall furnish to each person required to list per-
sonal property a printed blank schedule, forms to be furnished by the
Auditor of Public Accounts, upon which shall be printed a notice sub-
stantially as follows:
"This schedule must be filled out, sworn to and returned to me in
person or by mail at _ (address)
on or before You are to give a full, fair
cash value of the articles mentioned as well as the amount of money re-
quired to be returned. Only one-third of the several amounts will be
taken and assessed for the purpose of taxation.
(Signature)
Assessor.
There shall also be printed upon such blank the schedule now required
by law, and the following," which is a part of this section:
And every person required to list personal property or money shall fill
out, subscribe and swear to, aud return to the assessor, in person or by
mail, at the time required, such schedule in accordance with law, giv-
ing the numbers, amounts, quantity and quality of all the articles enu-
merated in said schedule by him possessed, or under his control, re-
quired to be listed by him for taxation. The assessor shall determine
and fix the fair cash value of all items of personal property, including
all grain on hand on the first day of April, and set down the same, as
well as the amounts of notes, accounts, bonds, and moneys, in a col-
umn headed, "full value," and ascertain and assess the same at one-
third part thereof, and set down said one-third part thereof in a col-
umn headed "assessed value," which last amount shall be the assessed
REVENUE. ■ 309"
value thereof for all purposes of taxation. The assessor, or some person
authorized by law to administer an oath, shall administer the oath
required in this section.
§ 18. Personal property shall be valued at its fair cash value, less
such deductions as may be allowed by law to be made from credits, which
value shall be set down in one column, to be headed "full value," and
one-third part thereof shall be ascertained and set down in another col-
umn which shall be headed "assessed value."
Eeal property shall be valued at -its fair cash value, estimated at the
price it would bring at a fair voluntary sale in the course of trade, which
shall be set clown in one column to be headed "full value/' and one-
third part thereof shall be set down in another column, which shall be
headed "assessed value."
The State Board of Equalization in valuing property assessed by them
shall ascertain and determine respectively the fair cash value of such
property, which fair cash value shall be set down in one column to be
headed "full value," and one-third part thereof shall be ascertained and
set down in another column, which shall be headed "assessed value."
The one-third value of all property so ascertained and set down shall
be the assessed value for all purposes of taxation, limitation of taxa-
tion and limitation of indebtedness prescribed in the constitution or any
statute.
Approved June 12. 1909.
EXEMPTIONS FROM TAXATION.
§ 1. Amends section 2, Act of 1872. | § 2. Exemptions.
(House Bill No. 670. Approved June 16, 1909.)
An Act amending 'section 2 of an Act entitled, "An Act for the assess-
ment of property and for the levy and collection of taxes/' approved
March 30, 1872', in force July 1, 1872, as amended by Act approved
May 18, 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 2 of an Act entitled,
"An Act for the, assessment of property and for the levy and collection
of taxes," approved March 30, 1872, in force July 1, 1872, as amended
by Act approved May 18, 1905, in force July 1, 1905, be, and the same
is hereby amended to read as follows :
§ 2. All property described in this section, to the extent herein lim-
ited, shall be exempt from taxation, that is to say:
First — All lands donated by the United States for school purposes, not
sold or leased; all property of schools, including the real estate on
which the schools are located, not leased by such schools or otherwise
used with a view to profit.
310 REVENUE.
Second — All property used exclusively for religious purposes, or used
exclusively for school and religious purposes and not leased or otherwise
used with a view to profit.
Third — All lands used exclusively as grave yards or grounds for
burying the dead.
Fourth — All unentered government lands; all public buildings or
structures of whatsoever kind, and the contents thereof, and the land
on which the same are located belonging to the United States.
Fifth- — All property of every kind belonging to the State of Illinois.
Sixth— All property belonging to any county, town, village or city,
used exclusively for the maintenance of the poor ; all swamp or overflowed
lands belonging to any county, so long as the same remain unsold of [by]
such county; all public buildings belonging to any county, township,
city or incorporated town, with the ground on which such buildings are
erected, not exceeding in any case ten acres.
Seventh — All property of institutions of public charity, when actually
and exclusively used for such charitable purposes, not leased or other-
wise used with a view to profit; and all free public libraries.
Eighth — All fire engines or other implements used for the
extinguishment of fires, with the buildings used exclusively for the safe
keeping thereof, and the lot of reasonable size on which the building
is located, when belonging to any city, village or town.
Ninth — All market houses, public squares or other public grounds used
exclusively for public purposes; all works, machinery and fixtures be-
longing exclusively to any town, village or city, used exclusively for con-
veying water to such town, village or city.
Tenth — All property which may be used exclusively by societies for
agricultural, horticultural, mechanical and philosophical purposes, and
not for pecuniary profit.
Approved June 16, 1909.
GENERAL, LEVY FOR STATE PURPOSES.
§ 1. "Revenue fund," $5,100,000 per I § 2. Computation and certification of
annum ; "State school fund," t;ix rate
$1,000,000 per annum in lieu
of two mill tax.
(House Bill No. 740. Approved June 9, 1909.)
An Act to provide for the necessary revenue for State purposes.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That there shall be raised, by levying
a tax by valuation upon the assessed taxable ]:>roperty of the State, the
following sums for the purposes hereinafter set forth :
For general State purposes, to be designated "revenue fund," the
sum of five million one hundred thousand dollars ($5,100,000) upon the
assessed value of the property for the year A. D. 1909 ; five million one
hundred thousand dollars ($5,100,000) upon the assessed value of prop-
erty for the year A. D. 1910; and for State school purposes, to be
REVENUE.
311
designated "State school fund," the sum of one million dollars ($1,000,-
000) upon the assessed taxable property for the year A. D. 1909, and the
sum of one million dollars ($1,000,000) upon the assessed taxable prop-
erty for the year A. D. 1910, in lieu of the two mill tax.
§ 2. The Governor, the Auditor and Treasurer shall annually com-
pute the several rates per cent required to produce not less than the
above amounts, anything in any other Act providing a different man-
ner of ascertaining the amount of revenue required to be levied for
State purposes to the contrary notwithstanding; and when so ascer-
tained, the Auditor shall certify to the county clerk the proper rates
per cent therefor, and also such definite rates for other purposes as are
now or may hereafter be provided by law, to be levied and collected as
State taxes, and all other laws and parts of laws in conflict with this
Act are hereby repealed.
Approved June 9, 1909.
GIFTS, LEGACIES AND INHERITANCES.
§ 1. What property is subject to this
Act. Rates of taxation pre-
scribed Exemptions.
§ 2. Appraisement of life interest.
Accrued tax a lien on entire
property. Bond for deferred
payment.
§ 3. Interest on deferred payment of
cax cisfssed. Bond of exe-
- cutors and others.
§ 4. Duties of executors and admin-
istrators.
5. Liability
others.
of executors and
§ 6. Payment of tax — how made by
executor and others. Receipt
f of State Treasurer.
§ 7. Executor and others to give in-
formation to county treasurer.
§ 8. Refunding tax retained by exec-
utor and others.
§ 9. Foreign executor transferring
stocks. Notice to Treasurer
and Attorney General. Liabil-
ity of custodians.
10. Refunding excess
■ State Treasurer.
of tax by
§ 11.
§ 12.
Appraisement of property-
made.
-how
Fees of county clerks. Inherit-
ance tax attorney — appoint-
ment authorized — salary. Fees
generally.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§"22.
§ 23.
§ 24.
§ 25.
Appraiser — penalty for receiv-
ing fee or reward.
Jurisdiction of county court
over property of new resi-
dent decedent.
Proceedings
Failure to pay tax.
in county court.
State's attorney to enforce pay-
ment. Fees allowed.
County judge and county clerk
— quarterly' statements to
county treasurer.
Allowance of expenses by State
Treasurer.
State Treasurer shall furnish
book to county judge.
Payment by county to State
Treasurer — receipt — -report to
Auditor semi-annually.
Fees of county treasurer.
Receipt from county treasurer —
sealing and recording same.
Liability to taxation — how de-
termined— appeal to supreme
court.
Continuation of lien — limitation.
Highest rate in certain cases — ■
return of tax wrongfully im-
posed— other provisions.
312
REVENUE.
GIFTS, LEGACIES AND INHERITANCES- Concluded.
§ 2G. Compounding' of claims — powers
of State Treasurer and Attor-
ney General.
§ 27. Guardian for infant.
§ 28. Bequests to hospitals, churches
and other organizations ex-
empted.
§ 29. Transfer defined.
§ 30. Certified copies of papers to be
furnished — fees for same.
§31. Repeal.
(Senate Bill, No. 498. Approved June 14, 1909.)
An Act to tax gifts, legacies, inheritances, transfers, appointments and
interests in certain cases, and to provide for the collection of the same,
and repealing certain Acts therein named.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: A tax shall be and is hereby imposed
upon the transfer of any property, real, personal or mixed, or of any
interest therein or income therefrom, in trust or otherwise, to persons,
institutions or corporations, not hereinafter exempted, in the following
cases :
1. When the transfer is by will or by the intestate laws of this State,
from any person dying, seized or possessed of the property while a resi-
dent of the State.
2. When the transfer is by will or intestate laws of property within
the State and the decedent was a non-resident of the State at the time
of his death.
3. When the transfer is of property made by a resident, or by a
non-resident when such non-resident's property is within this State,
by deed, grant, bargain, sale or gift, made in contemplation of the death
of the grantor, vendor or donor, or intended to take effect in possession
or enjoyment at or after such death. When any such person, institution
or corporation becomes beneficially entitled in possession or expectancy
to any property or the income therefrom, by any such transfer, whether
made before or after the passage of this Act.
4. Whenever any person, institution or corporation shall exercise
a power of appointment derived from any disposition of property made
either before or after the passage of this Act, such appointment, when
made, shall be deemed a taxable transfer under the provisions of this
Act, in the same manner as though the property to which such appoint-
ment relates belonged absolutely to the donee of such power and had been
bequeathed or devised by such donee by will; and whenever any person
or corporation possessing such a power of appointment so derived shall
omit or fail to exercise the same within the time provided therefor, in
whole or in part, a transfer taxable under the provisions of this Act
shall be deemed to take place to the extent of such omission or failure,
in the same manner as though the persons or corporations thereby be-'
coming entitled to the possession or enjoyment of the property to
which such power related had succeeded thereto by a will of the donee
of the power failing to exercise such power, taking effect at the time
of such omission or failure.
REVENUE. 313
"When the beneficial interests to any property or income therefrom
shall pass to or for the use of any father, mother, husband, wife, child,
brother, sister, wife or widow of the son, or the husband of the daughter,
or any child or children adopted as such in conformity with the laws
of the State of Illinois, or to any person to whom the deceased, for not
less than ten years prior to death, stood in the acknowledged relation of
a parent: Provided, however, such relationship began at or before said
person's fifteenth birthday and was continuous for said ten years there-
after: And, provided, also, that the parents of such person so standing
in such relation shall be deceased when such relationship commenced,
or to any lineal descendant of such decedent born in lawful wedlock.
In every such case the rate of tax shall be two dollars on every one hun-
dred dollars of the clear market value of such property received by each
person, when the amount so received exceeds in amount the sum of one
hundred thousand dollars, and one dollar on each one hundred dollars
of the clear market value of such property received by each person when
the amount so received is one hundred thousand dollars or less; and at
and after the same rates, respectively, for every less amount: Provided,
that any gift, legacy, inheritance, transfer, appointment or interest
which may be valued -at a less sum than twenty thousand dollars shall
not be subject to any such duty or taxes, and the tax is to be levied in the
above cases only upon the excess of twenty thousand dollars received
by each person. When the beneficial interest to any property or in-
come therefrom shall pass to or for the use of any uncle, aunt, niece or
nephew or any lineal descendant of the same, in any such case the rate
of such tax shall be four dollars on every one hundred dollars of the
clear market value of such property received by each person on the
excess of two thousand dollars so received by each person when the
amount so received exceeds the sum of twenty thousand dollars ; and two
dollars on every one hundred dollars of the clear market value of such
property received by each person on the excess of two thousand dollars
so received by each person when the amount so received is twenty thou-
sand dollars or less. In all other cases the rate shall be as follows : On
each and every one hundred dollars of the clear market value of all
property and at the same rate for any less amount; on all transfers
of ten thousand dollars and less, three dollars; on all transfers over ten
thousand dollars and not exceeding twenty thousand dollars, four dol-
lars ; on all transfers over twenty thousand dollars and not exceeding fifty
thousand dollars, five dollars; on all transfers over fifty thousand dol-
lars and not exceeding one hundred thousand dollars, six dollars ; and on
all transfers over one hundred thousand dollars, ten dollars: Provided.
that any gift, legacy, inheritance, transfer, appointment or interest which
may be valued at a less sum than five hundred dollars shall not be sub-
ject to any duty or tax.
§ 2. When any property or interest therein or income therefrom
shall pass or be limited for the life of another, or for a term of years,
or to terminate on the expiration of a certain period the property of the
314 - REVENUE.
decedent so passing shall be appraised immediately after the death of
the decedent, and the value of the said life estate, term of years or period
of limitation shall be fixed upon mortality tables, using the interest
rate or income rate of five per cent; and the value of the remainder in
said property so limited shall be ascertained by deducting the value of
the life estate, term of years or period of limitation from the fair mar-
ket value of the property so limited, and the tax on the several estate
or estates, remainder or remainders, or interests shall be immediately
due and payable to the treasurer of the proper county, together with
interest thereon, and said tax shall accrue as provided in section three (3)
of this Act, and remain a lien upon the entire property limited until
paid : Provided, that the person or persons, body politic or corporate,,
beneficially interested in property chargeable with said tax, elect not to
pay the same until they shall come into actual possession or enjoyment,
of such property, then in that case said person or persons, or body poli-
tic or corporate, shall give bond to the People of the State of Illinois in
a penal sum three times the amount of the tax arising from such prop-
erty, limited with such sureties as the county judge may approve, con-
ditioned for the payment of the said tax and interest thereon at such
time or period as they or their representatives may come into the actual
possession or enjoyment of said property; which bond shall be filed in
the office of the county clerk of the proper county: Provided, further,
that such person or persons, body politic or corporate, shall make a full
verified return of said property to said county judge and file the same
in his office within one year from the death of the decedent, with the
bond and sureties as above provided ; and, further, said person or persons,,
body politic or corporate shall renew said bond every five years after the
date of the death of decedent.
§ 3. All taxes imposed by this Act, unless otherwise herein provided
for, shall be due and payable, at the death of the decedent, and interest
at the rate of six per cent per annum shall be charged and collected
thereon for such time as said taxes are not paid : Provided, that if said
tax is paid within six months from the accruing thereof, interest shall
not be charged or collected thereon, but a discount of five per cent shall
be allowed and deducted from said tax;, and in all cases where the
executors, administrators or trustees do not pa}' such tax within one
year from the death of the decedent, they shall be required to give a
bond in the form and to the effect prescribed in section 2 of this Act,
for the payment of said tax, together with interest.
§ i. Any administrator, executor or trustee having any charge or
trust in legacies or property for distribution subject to the said tax shall
deduct the tax therefrom, or if the legacy or property be not money he
shall collect a tax thereon upon the appraised value thereof from the
legatee or person entitled to such property, and he shall not deliver or
be compelled to deliver any specific legacy or property subject to tax to
any person until he shall have collected the tax thereon ; and whenever any
such legacy shall be charged upon or payable out of real estate the heir
REVENUE. 315
or devisee before the paying the same, shall deduct said tax therefrom, and
pay the same to the executor;, administrator or trustee, and the same
shall remain a charge on such real estate until paid, and the payment
thereof shall be enforced by the executor, administrator or trustee in
the same manner that the said payment of said legacies might be en-
forced, if, however, such legacy be given in money to any person for a
limited period, he shall retain the tax upon the whole amount, but if it
be not in money he shall make application to the court having juris-
diction of his accounts, to make an apportionment if the case requires
it of the sum to be paid into his hands by such legatees, and for such
further order relative thereof as the case may require.
§ 5. All executors, administrators and trustees shall be personally
liable for the payment of taxes and interest, and where proceedings for
collection of taxes assessed be had, said executors, administrators and
trustees shall be personally liable for the expenses, costs and fees of col-
lection. They shall have full power to sell so much of the property of the
decedent as will enable them to pay said tax, in the same manner as they
may be enabled to do .by law, for the payment of duties of their testators
and intestates, and the amount of said tax shall be paid as hereinafter
directed.
§ 6. Every sum of money retained by any executor, administrator or
trustee, or paid into his hands for any tax on any property, shall be
paid by him within thirty days thereafter to the treasurer of the proper
county, and the said treasurer or treasurers shall give, and every exec-
utor, administrator or trustee shall take duplicate receipts from him of
said payments, one of which receipts he shall immediately send to the
State Treasurer, whose duty it shall be to charge the treasurer so receiv-
ing the tax with the amount thereof, and shall seal said receipt with the
seal of his office and countersign the same and return it to the executor,
administrator or trustee, whereupon it shall be a proper voucher in the
settlement of his accounts; but the executor, administrator or trustee
shall not be entitled to credit in his accounts or be discharged from lia-
bility for such tax unless he shall purchase a receipt so sealed and coun-
tersigned by the treasurer and a copy thereof certified by him.
§ 7. Whenever any of the real estate of which any decedent may die
seized shall pass to any body politic or corporate, or to any person or
persons, or in trust for them, it shall be the duty of the executor, admin-
istrator or trustee of such decedent to give information thereof in writ-
ing to the treasurer of the county where said real estate is situated, with-
in six months after they undertake the execution of their expected duties,
or if the fact be not known to them within that period, then within one
month after the same shall have come to their knowledge.
§ 8. Whenever debts shall be proved against the estate of the de-
cedent after distribution of legacies from which the inheritance tax has
been deducted in compliance with this Act, and the legatee is required
to refund any portion of the legacy, a proportion of the said tax shall be
316 REVENUE.
repaid to him by the executor or administrator if the said tax has not
been paid into the State or county treasury, or by the county treasurer
if it has been so paid.
§ 9. If a foreign executor, administrator or trustee shall assign or
transfer any stock or obligations in this State standing in the name of a
decedent or in trust for a decedent, liable to any such tax, the tax shall
be paid to the treasurer of the proper county on the transfer thereof.
jSTo safe deposit company, trust company, corporation, bank or other
institution, person or persons having in possession or under control se-
curities, deposits, or other assets belonging to or standing in the name
of a decedent who was a resident or non-resident or belonging to, or
standing in the joint names of such a decedent and one or more persons,
including the shares of the capital stock of, or other interests in, the safe
deposit company, trust company, corporation, bank or other institution
making the delivery or transfer herein provided, shall deliver or transfer
the same to the executors, administrators or legal representatives of said
decedent, or to the survivor or survivors when held in the joint names of a
decedent and one or more persons, or upon their order .or request, unless
notice of the time and place of such intended delivery or transfer be
served upon the State Treasurer and Attorney General at least ten days
prior to said delivery or transfer; nor shall any such safe deposit com-
pany, trust company, corporation, bank or other institution, person or
persons deliver or transfer any securities, deposits or other assets belong-
ing to or standing in the name of a decedent, or belonging to, or standing
in the joint names of a decedent and one or more persons, including the
shares of the capital stock of, or other interests in, the safe deposit com-
pany, trust company, corporation, bank or other institution making the
delivery or transfer, without retaining a sufficient portion or amount
thereof to pay any tax or interest which may thereafter be assessed on
account of the delivery or transfer of such securities, deposits or other
assets, including the shares of the capital stock of, or other interests in,
the safe deposit company, trust company, corporation, bank or other
institution making the delivery or transfer, under the provisions of this
article, unless the State Treasurer and Attorney General consent thereto
in writing. And it shall be lawful for the State Treasurer, together
with the Attorney General, personally or by representatives, to examine
said securities, deposits or assets at the time of such delivery or transfer.
Failure to serve such notice or failure to allow such examination, or
failure to retain a sufficient portion or amount to pay such tax and in-
terest as herein provided shall render said safe deposit company, trust
company, corporation, bank or other institution, person or persons liable
to the payment of the amount of the tax and interest due or thereafter
to become due upon said securities, deposits or other assets, including
the shares of the capital stock of, or other interests in, the safe deposit
company, trust company, corporation, bank or other institution making
the delivery or transfer, and in addition thereto, a penalty of one thou-
REVENUE. 317
sand dollars; and the payment of such tax and interest thereon, or of
the penalty above prescribed, or both, may be enforced in an action
brought by the State Treasurer in any court of competent jurisdiction.
§ 10. When any amount of said tax shall have been paid erroneously
to the State treasury, it shall be lawful for him on satisfactory proof
rendered to him by said county treasurer of said erroneous payments to
refund and pay to the executor, administrator or trustee, person or per-
sons who have paid any such tax in error the amount of such tax so paid :
Provided, that all applications for the repayment of said tax shall be
made within two years from the date of said payment.
§ 11. In order to fix the value of property of persons whose estate
shall be subject to the payment of said tax, the county judge, on appli-
cation of any interested party, or upon his own motion shall appoint
some competent person as appraiser as often as or whenever occasion
may require, whose duty it shall be forthwith to give such notice by
mail, to all persons known to have or claim an interest in such property,
and to such persons as the county judge may, by order direct, of the
time and place he will appraise such property, and at such time and
place to appraise the same at a fair market value, and for that purpose
the appraiser is authorized, by leave of the county judge, to use sub-
poenas for and to compel the attendance of witnesses before him, and to
take the evidence of such witnesses under oath concerning such prop-
erty and the value thereof, and he shall make a report thereof and. of
such value in writing, to said county judge, with the depositions of the
witnesses examined and such other facts in relation thereto and to said
matters as said county judge may, by order, require to be filed in the
office of the clerk of said county court, and from this report the said
county judge shall forthwith assess and fix the then cash value of all
estates, annuities and life estates or terms of years growing out of said
estate, and the tax to which the same is liable, and shall immediately
give notice by mail to' all parties known to be interested therein. Any
person or persons dissatisfied with the appraisement or assessment may
appeal therefrom to the county court of the proper county within sixty
days after the making and filing of such appraisement- or assessment on
paying . or giving security satisfactory to the county judge to pay all
costs, together with whatever taxes shall be fixed by said court. The
said appraiser shall be paid by the county treasurer out of any funds
he may have in his hands on account of the inheritance tax collected
in said appraisement, as by law provided, on the certificate of the county
judge, such compensation as such judge may deem just for said ap-
praiser's services as such appraiser, not to exceed ten dollars per day
for each day actually and necessarily employed in said appraisement,
together with his actual and necessary traveling expenses and disburse-
ments, including such witness fees paid by him.
§ 12. The fees of the clerk of the countv court in inheritance tax
matters in the respective counties of this State, as classified in the Act
concerning fees and salaries, shall be as follows :
In counties of the first and second class, for services in all proceed-
ings in each estate before the county judge the clerk shall receive a fee
318 REVENUE.
of five dollars. In all such proceedings in counties of the third class,
the clerk shall receive a fee of ten dollars. Such fees shall be paid by
the county treasurer, on the certificate of the county judge, out of any
money in his hands, on account of said tax. In counties of the third
class, the Attorney General of the State may appoint an attorney, who
shall be known as the "inheritance tax attorney/' and whose salary shall
be not to exceed three thousand dollars per year, payable monthly out
of the State treasury upon warrants drawn by the Auditor of Public
Accounts, on vouchers approved by the Attorney General. In counties
of the third class, the clerk of the county court may appoint a- clerk
in the office of the clerk of said court, to be known as the "inheritance
tax clerk/' whose compensation shall be fixed by the county judge, not to
exceed fifteen hundred dollars per year, and not to exceed the fee earned
in said office in inheritance tax matters, the surplus of such fees over said
compensation so fixed to be turned into the county treasury. In addi-
tion to the above, the clerk of the county court shall be entitled, in all
suits brought for the collection of delinquent inheritance tax, and all
contested inheritance tax cases appealed from the county judge to the
county court, and in all appeals from the county court to the Supreme
Court, the same fees as are now, or which may hereafter be, allowed
by law in suits at law, or in the matter of appeals at law, to or from the
county court, which fees shall be taxed as costs and paid as in other cases
at law ; and in all cases arising under this Act, including certified copies
of documents or records in his office, for which no specific fees are pro-
vided, the clerk of the county court shall charge against and collect from
the person applying for, or entitled to such services, or certified copies,
the same fees as are now, or which may hereafter be, allowed for similar
services or certified copies in said court, and for recording inheritance
tax receipts required to be recorded in his office, he shall receive the
same fees which now are or hereafter may be allowed by law to the re-
corder of deeds for recording similar instruments.
§ 13. Any appraiser appointed by this Act, who shall take any fee
or reward from any executor, administrator, trustee, legatee, next of
kin or heir of any decedent, or from any other person liable to pay
said tax or any portion thereof, shall be guilty of a misdemeanor, and
upon conviction in any court having jurisdiction of misdemeanors, he
shall be fined not less than two hundred and fifty dollars nor more than
five hundred dollars and imprisoned not exceeding ninety clays; and in
addition thereto the county judge shall dismiss him from such service.
§ 14. The county court in the county in which the property is situ-
ated of the decedent, who was not a resident of the State or in the
county of which the deceased was a resident at the time of his death,
shall have jurisdiction to hear and determine all questions in relation
to the tax arising under the provisions of this Act, and the county court
first acquiring jurisdiction hereunder shall retain the same to the ex-
clusion of every other.
§ 15. If it shall appear to the county court that any tax accruing
under this Act has not been paid according to law, it shall issue a sum-
REVENUE. 319
mons summoning the persons interested in the property liable to the tax
to appear before the court on a day certain, not more than three months
after the date of such summons, to show cause why said tax should not
•be paid. The process, practice and pleadings, and the hearing and de-
termination thereof, and the judgment in said court in such cases shall
be the same as those now provided, or which may hereafter be provided
in probate cases in the county courts in this State, and the fees and costs
in such cases shall be the same as in probate cases in the county courts
of this State:
§16. Whenever it appears that any tax is due and unpaid under
this Act, and the persons, institutions or corporations liable for said tax
have refused or neglected to pay the same, it shall be the duty of the
State's attorney, in counties of the first and second class, and the inheri-
tance tax attorney, in counties of the third class, if he has proper cause
to believe a tax is due and unpaid, to prosecute the collection of same in
the county court in the proper county, in the manner provided in section
fifteen of this Act, for the enforcement and collection of such tax; and
in every such case said court shall allow as costs in said case, such fees
to said attorney as the court may deem reasonable.
§ 17. The county judge and county clerk of each county shall, every
three months, make a statement in writing to the county treasurer of
the county of the property from which or the party from whom he has
reason to believe a tax under this Act is due and unpaid.
§ 18. Whenever the county judge of any county shall certify that
there was probable cause for issuing a summons and taking the proceed-
ings specified in sections 15 and 16 of this Act, the State Treasurer shall
pay or allow to the treasury of any county all expenses incurred for ser-
vice of summons and his other lawful disbursements that has not other-
wise been paid.
§ 19. The Treasurer of the State shall furnish to each county judge
a book, in which he shall enter the returns made by appraisers, the cash
value of annuities, life estates and terms of years and other property
fixed by him, and the tax assessed thereon and the amounts of any re-
ceipts for payments thereof filed with him, which books shall be kept
in the office of the county judge as a public record.
§ 20. The treasurer of each county shall collect and pay to the State
Treasurer all taxes that may be due and payable under this Act, who
shall give him a receipt therefor, of which collection and payment he
shall make a report under oath to the Auditor of Public Accounts, on
the first Monday in March and September of each year, stating for what
estate paid, and in such form and containing 'such particulars as the
Auditor may prescribe; and for all said taxes collected bv him and not
paid to the State Treasurer by the first day of October and April of each
year, he shall pay interest at the rate of ten r>er cent per annum.
§ 21. The treasurer of each county shall be allowed to retain two
per cent on all taxes paid and accounted for by him under this Act in
full for his services in collecting and paying the same, in addition to
his salary or fees now allowed by law.
320 REVENUE.
§ 22. Any person or body politic or corporate shall, upon the pay-
ment of the sum of fifty cents, be entitled to a receipt from the county
treasurer of any county or the copy of the receipt at his option that may
have been given by said treasurer for the payment of any tax under this
Act, to be sealed with the seal of his office, which receipt shall designate
on what real property, if any, of which any deceased may have died
seized, said tax has been paid and by whom paid, and whether or not it is
in full of said tax; and said receipt may be recorded in the clerk's office
of said county in which the property may be situated, in a book to
be kept by said clerk for such purpose.
§ 23. When any person interested in any property in this State,
which shall have been transferred within the meaning of this Act shall
deem the same not subject to any tax under this Act, he may file his
petition in the county court of the proper county to determine whether
said property is subject to the tax herein provided, in which petition
the county treasurer and all persons known to have or claim any interest
in said property shall be made parties. The county court may hear the
said cause upon the relation of the parties and the testimony of wit-
nesses, and evidence produced in open court, and, if the court shall find
said property is not subject to any tax, as herein provided, the court
shall, by order, so determine; but if it shall appear that said property,
or any part thereof, is subject to any such tax, the same shall be ap-
praised and taxed as in other cases. An adjudication by the county
court, as herein provided, shall be conclusive as to the lien of the tax
herein provided upon said property, subject to appeal to the Supreme
Court of the State by the county treasurer, or Attorney General of the
State, in behalf of the people, or by any party having an interest in said
property. The fees and costs in all cases arising under this section shall
be the same as are now or may hereafter be' allowed by law in cases at
law in the county court.
§ 24. The lien of the collateral inheritance tax shall continue until
the said tax is settled and satisfied : Provided, that said lien shall be
limited to the property chargeable therewith: And, provided, further,
that all inheritance taxes shall be sued for within five years after they
are due and legally clemandable, otherwise they shall be presumed to be
paid and cease to be a lien as against any purchaser of real estate.
§ 25. When property is transferred or limited in trust or otherwise,
and the rights, interest or estates of the transferees or beneficiaries are
dependent upon contingencies or conditions whereby they may be wholly
or in part created, defeated, extended or abridged, a tax shall be im-
posed upon said transfer at the highest rate which, on the happening
of any of the said contingencies or conditions, would be possible under
the provisions of this article, and such tax so imposed shall be due and
payable forthwith by the executors or trustees out of the property trans-
ferred : Provided, however, that on the happening of any contingency
whereby the said property, or any part thereof is transferred to a person,
corporation or institution exempt from taxation under the provisions of
the inheritance tax laws of this State, or to any person, corporation or
institution taxable at a rate less than the rate imposed and paid, such
EEVENUE. 321
person, corporation or institution shall be entitled to a return of so much
of the tax imposed and paid as is the difference between the amount paid
and the amount which said person, corporation or institution should
pay under the inheritance tax laws, with interest thereon at the rate of
three per centum per annum from the time of payment. Such return
of over-payment shall be made in the manner provided for refunds un-
der section eight.
Estates or interests in expectancy which are contingent or defeasible
and in which proceedings for the determination of the tax have not been
taken or where the taxation thereof has been held in abeyance, shall be
appraised at their full, undiminished value when the persons entitled
thereto shall come into the beneficial enjoyment or possession thereof,
without diminution for or on account of any valuation theretofore made
of the particular estates for the purposes of taxation, upon which said
estates or interests in expectancy may have been limited.
Where an estate for life or for years can he divested by the act or
omission of the legatee or devisee it shall be taxed as if there were no
possibility of such divesting.
§ 26. The State Treasurer, by and with the consent of the Attorney
General expressed in writing, is hereby empowered and authorized to
enter into an agreement with the trustees of any estate in which re-
mainders or expectant estates have been of such a nature, or so disposed
and circumstanced that the taxes therein were held not presently pay-
able, or where the interests of the legatees or devises were not ascertain-
able under an Act to tax gifts, legacies, and inheritances, etc., in force
July 1, 1885, and amendments thereto ; and to compound such taxes upon
such terms as may be deemed equitable and expedient ; and to grant dis-
charge to said trustees upon the payment of the taxes provided for in
such composition : Provided, however, that no such composition shall
be conclusive, in favor of said trustees as against the interests of such
cestuis que trust as may possess either present rights of enjoyment, or
fixed, absolute or indefeasible rights of future enjoyment, or of such as
would possess such rights in the event of the immediate termination of
particular estates, unless they consent thereto, either personally, when
competent, or by guardian. Composition or settlement made or effected
under the provisions of this section shall be executed in triplicate, and
one copy filed in the office of the State Treasurer, one copy in the office
of the clerk of the county court wherein the appraisement was had or the
tax was paid, and one copy delivered to the executors, administrators
or trustees who shall be parties thereto.
§ 27. If it appears at any stage of an inheritance tax proceeding
that any person known to be interested therein is an infant or person
under disability, the county judge may appoint a special guardian of
such infant or person under disability.
§ 28. When the beneficial interests of any property or income there-
from shall pass to or for the use of any hosuital, religious, educational,
bible, missionary, tract, scientific, benevolent or charitable purpose, or
—21 L
322 REVENUE.
to any trustee, bishop or minister of any church or religious denomina-
tion, held and used exclusively for the religious, educational or char-
itable uses and purposes of such church or religious denomination, in-
stitution or corporation, by grant, gift, bequest or otherwise, the same
shall not be subject to any such duty or tax, but this provision shall not
apply to any corporation which has the right to make dividends or dis-
tribute profits or assets among its members.
§ 29. When property, or any interest therein or income therefrom,
shall pass to or for the use of any person, institution or corporation by
the death of another, by deed, instrument or memoranda, such passing
shall be deemed a transfer within the meaning of this Act, and taxable
at the same rates, and be appraised in the same manner and subjected
to the same duties and liabilities as any other form of transfer provided
in this Act.
§ 30. On the written request of the county treasurer or county judge,
in the county wherein an appraisement has been initiated, the clerk of
the county court and in counties having a probate court, the clerk of the
probate court and the recorder of deeds shall furnish certified copies of
all papers within their care or custody, or records material in the par-
ticular appraisement, and the said clerk and recorder shall receive the
same fee or compensation for such certified copies as they would be en-
titled by law in other cases, which shall be paid to them by the county
treasurer of the proper county, out of moneys in his hands on account
of inheritance tax collections, on the presentation of itemized bills there-
for, approved by the county judge of the proper county.
§ 31. That "An Act to tax gifts, legacies and inheritances in cer-
tain cases,, and to provide for the collection of the same," approved June
15, 1895, in force July 1, 1895, as amended by Act approved May 10,
1901, in force July 1, 1901, and all laws or parts of laws inconsistent
herewith be and the same are hereby repealed : Provided, however, that
such repeal shall in no wise affect any suit, prosecution or court proceed-
ing pending at the time this Act shall take effect, or any right which the
State of Illinois may have at the time of the taking effect of this Act,
to claim a tax upon any property under the provisions of the Act or
Acts hereby repealed, for which no proceeding has been commenced;
and all appeals and rights of appeal in all suits pending, or appeals
from assessments of tax made by appraisers' reports, orders fixing tax
or otherwise existing in this State at the time of the taking effect of this
Act.
Approved June 14, 1909.
REVENUE. 333
LEVY AND EXTENSION OF TAXES — LIMITATION.
§ 1. Amends section 2, Act of 1901. S 2. County clerk to ascer-
tain rate — aggregate
not to exceed three
per cent — reductions.
(House Bill No. 294. Approved June 14, 1909.)
An Act to amend section 2 of an Act entitled, "An Act concerning the
levy and extension of taxes," approved May 9, 1901, in force July 1,
1901, as amended by an Act approved March 29, 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 2 of an Act entitled,
"An Act concerning the levy and extension of taxes/' approved May 9,
1901, in force July 1, 1901, as amended by an Act approved March 29,
1905, in force July 1, 1905, be and the same is hereby amended to read
as follows :
§ 2. The county clerk in each county shall ascertain the rates per
cent required to be extended upon the assessed valuation of the taxable
property in the respective towns, townships, districts, incorporated cities
and villages in his county, as equalized by the State Board of Equaliza-
tion for the current year, to produce the several amounts certified ' for
extension by the taxing authorities in said county (as the same shall
have been reduced as hereinbefore provided in all cases where the orig-
inal amounts exceed the amount authorized by law) : Provided, how-
ever, that if the aggregate of all the taxes (exclusive of State taxes,
village taxes, levee taxes, school building taxes, high school taxes, road
and bridge taxes, and also bonded indebtedness taxes in cities whose
bonded indebtedness exceeds six per cent of the assessed valuation of
the property therein upon which under existing laws, taxes are required
to be extended, and taxes levied pursuant to the mandate or judgment of
any court of record on any bonded indebtedness), certified to be ex-
tended against any property in any part of any taxing district or
municipality, shall exceed three per cent of the assessed valuation there-
of upon which the taxes are required to be extended, the rate per cent
of the tax levy of such taxing district or municipality shall be reduced
as follows : The county clerk shall reduce the rate per cent of the tax
levy of such taxing district or municipality in the same proportion in
which it would be necessary to reduce the highest aggregate per cent of
all the tax levies (exclusive of State taxes, village taxes, levee taxes,
school building taxes, high school taxes, road and bridsre taxes, and also
bonded indebtedness taxes, in cities whose bonded indebtedness exceeds
six per cent of the assessed valuation of the property therein upon which,
under existing laws, taxes are required to be extended, and taxes levied
pursuant to the mandate or judgment of any court of record on any
bonded indebtedness), certified for extension upon any of the taxable
property in said taxing district or municipality, to bring the same down
to three per cent of the assessed value of said taxable property upon
which said taxes are required by law to be extended: Provided, further,
that in reducing tax levies hereunder the rate per cent of the tax levy
324 REVENUE.
for county purposes in counties having a population of over 300,000
shall not be reduced below a rate of forty cents on each one hundred
dollars assessed value, and in counties having a population of less than
300,000 the rate of the tax levy for county purposes shall not be re-
duced below a rate of forty-five cents on each one hundred dollars as-
sessed value, and the rate per cent of the tax levy for city or village pur-
poses (exclusive of library, school and park purposes) in cities and vil-
lages having a population of over 150,000 shall not be reduced below a
rate of one dollar and ten cents on each one hundred dollars assessed
value, and the rate per cent of the school tax for educational purposes
shall not be reduced below a rate of one dollar and five cents on each
one hundred dollars assessed value, and in cities and villages having a
population of less than 150,000 shall not be reduced below a rate of one
dollar and twenty cents, exclusive of the taxes levied in such cities or
villages having a population of less than 150,000 for the payment of the
principal of and the interest on bonded indebtedness, on each one hun-
dred dollars assessed value, and the rate per cent of the school tax levy
for educational purposes shall not be reduced below a rate of one dollar
and fifty cents on each one hundred dollars assessed value, but the other
taxes which are subject to reduction under this section shall be subject
only to such reduction, respectively, as would be made therein under this
section if this proviso were not inserted herein: And, provided, fur-
ther, in reducing tax levies hereunder all school taxes levied in cities
exceeding 150,000 inhabitants, with the exception of the levy for school
building purposes, shall be included in the taxes to be reduced.
The rate per cent of the tax levy of every county, city, village, town,
township, school district, park district, sanitary district, road district,
and other public authorities (except the State), shall be ascertained and
determined (and reduced when necessary as above provided), in the
manner hereinbefore specified, and shall then, commencing with the
year 1909 be extended by the county clerk upon the assessed value of the
property subject thereto (being one-third of the full value thereof) as
equalized according to law. In reducing the rate per cent of any tax
levy, as hereinbefore provided, the rates per cent of all tax levies cer-
tified to the county clerk for extension as originally ascertained and de-
termined under section one of this Act shall be used in ascertaining the
aggregate of all taxes certified to be extended, without regard to any
reductions made therein under this section : Provided, that no reduc-
tion of any tax levy made hereunder shall diminish any amount ap-
propriated by corporate or taxing authorities for the payment of the
principal or interest on bonded debt, or levied pursuant to the mandate
or judgment of any court of record. And to that end every such taxing
body shall certify to the county clerk with its tax levy, the amount
thereof required for any such purposes.
In case of a reduction hereunder any taxing body whose levy is af-
fected thereby and whose appropriations are required by law to be item-
ized, may, after the same have been ascertained, distribute the amount
REVENUE — ROADS AND BRIDGES.
of such reduction among the items of its appropriations, with the ex-
ceptions aforesaid, as it may elect. If no such election be made within
three months after the extension of such tax, all such items, except as
above specified, shall be deemed to be reduced pro rata.
Approved June 14, 1909.
TAX LEVY FOR COUNTY PURPOSES.
§ 1. Amends section 121, Act of 1872. I § 121. As amended, adds pro-
I viso.
(Senate Bill No. 154. Approved June 5, 1909.)
An Act to amend section 121 of an Act entitled, "An Act for the as-
sessment of property and for the levy and collection of taxes," ap-
proved March 30, 1812, in force July 1, 1872.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 121 of an Act entitled,
"An Act for the assessment of property and for the levy and collection
of taxes/' approved March 30, 1872, in force July 1, 1872, be and the
same is hereby amended to be as follows :
§ 121. The county board of the respective counties shall, annually,
at the September session, determine the amount of all county taxes to
he raised for all purposes. The aggregate amount shall not exceed the
rate of seventy-five cents on the one hundred dollars valuation, except
for the payment of indebtedness existing at the adoption of the present
State constitution, unless authorized by a vote of the people of the
county. When for several purposes, the amount for each purpose shall
be stated separately: Provided, however, that in all counties where,
under any law, the county board is or may be required to pass an annual
appropriation bill within the first quarter of the fiscal year, the tax
levy above provided ^or may be made at any time after such annual ap-
propriation bill shall be in full force and effect.
Approved June 5, 1909.
EOADS AND BRIDGES.
BRIDGES, ETC., OUTSIDE CITIES AND VILLAGES — DONATION TO
COUNTIES.
;§ 1. Authorizes donation — resolution — certificate — ownership.
(House Bill No. 629. Approved June 9, 1909.)
An Act to enable cities and villages to donate to counties, bridge,
bridges, highway and toll roads owned or constructed by cities or
villages outside the cities or villages and to be forever kept open for
public travel and maintained by counties.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That it shall be lawful for any city
32 G ROADS AND BRIDGES.
or village within this State by resolution to donate any bridge, bridges,
highway or toll road owned by it, or hereafter constructed by it, outside
the city or village, to the county in which said bridge, bridges, highway
or toll road is located, upon the State Highway Commissioners certify-
ing to the board of supervisors in counties under township organization
and to [the] board of county commissioners in counties not under town-
ship organization of the county in which the bridge, bridges, highway
or toll road is located, that the bridge, bridges, highway or toll road
proposes to be donated is of such construction and repair to be safely
used by the public for travel, and upon the filing of such resolution and
certificate with the county clerk of the county in which the bridge,
bridges, highway or toll road is located, the county shall own said bridge,
bridges, highway or toll road and forever keep it or them, in repair and
free to the public for travel.
Approved June 9, 1909.
BRIDGES ON OR NEAR BOUNDARY LINES.
§ 1. Amends section 21, Act of 1883. I § 21. As amended, includes
bridges near bound-
ary line.
(Senate Bill No. 195. Approved June 5, 1909.)
An Act to amend section 21 of an Act entitled, "An Act in regard to
roads and bridges in counties under township organization and to re-
peal an Act and parts of Acts therein named," approved June 23,
1888, in force July 1, 1883, as amended by Act approved April 12,
1899, in force July 1, 1899.
Section 1. Be it enacted by the People of the State of Illinois, rep->
resented in the General Assembly: That section 21 of an Act entitled,
"An Act in regard to roads and bridges in counties under township or-
ganization and to repeal an Act and parts of Acts therein named." ap-
proved June 23, 1883, in force July 1, 1883, as amended by Act ap-
proved April 12, 1899, in force July 1, 1899, be and the same is hereby
amended to read as follows :
§ 21. Bridges over streams which divide towns or counties, and
bridges over streams on roads on county or town lines, and bridges within
eighty rods of county or town lines over streams on roads extending from
one county or town into another county or town and crossing county or
town lines, shall be built and repaired at the expense of such towns or
counties. And all such bridges over streams which form the boundary
line between two counties, and all such bridges 'within eighty rods of such
boundary line, when the cost of constructing the same shall be $5,000
or over, shall be built by such counties respectively in the proportion that
the taxable property in each county respectively bears to each other ac-
cording to its assessed value as equalized at the time of constructing
such bridge. And when any county desires to build any such brklge
across any stream which is the boundary line between such county and
another county, or desires to build any such bridge within eighty rods
ROADS AND BRIDGES. 327
of such boundary line, and the cost of such bridge will equal or exceed
$5,000, and the county desiring to construct such bridge has appropriated
its share of the cost of constructing the same, then it shall be the duty
of such other county to make an appropriation for its proportion of the
cost of said bridge on the basis of the assessed value of the property,
real and personal, of each of said counties according to the last pre-
ceding assessment thereof as equalized, and if such other county fails
or refuses to make an appropriation for its proper proportion of the cost
of constructing such bridge, any court of competent jurisdiction shall is-
sue an order to compel such county to make such appropriation upon a
proper petition for that purpose, and the cost and expense of maintain-
ing and keeping the same in repair after the same is built and con-
structed shall be borne in the proportion of the assessed value of the
property in each of said counties according to the latest equalized as-
sessment thereof: Provided, that for the building and maintaining of
bridges over streams near county or town lines in which both are inter-
ested and where the cost thereof is less than $5,000, the expense of build-
ing and maintaining any such bridge shall be borne by both counties or
towns in such portion as shall be just and equitable between said towns or
counties, taking into consideration the taxable property in each, the loca-
tion of the bridge, and the advantage of each, to be determined by the
commissioners in making contracts for the same, as provided for in sec-
tion 22 of this Act.
Approved June 5, 1909.
HARD ROADS — PETITION, SPECIAL ELECTION.
1. Amends sections 1 and 4a, • Act
of 1883.
§ 1. Petition by twenty-five
per cent of land own-
ers— contents of pe-
tition — notice by
county clerk — tax
rate.
§ 4a. Borrowing- money — form
of petition — how
signed — form of bal-
lot— bonds — limita-
tion of indebtedness.
(House Bill No. 406. Approved June 14, 1909.)
An Act to amend sections 1 and J^a of 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;
as amended by Act approved May 16, 1905, in force July 1, 1905;
as amended by Act approved June 3, 1901 , in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That sections 1 and 4a of 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; as amended by Act approved May 16, 1905, in
force July 1, 1905; as amended by Act approved June 3,1907, in force
July 1, 1907, be and the same hereby is amended to read as follows:
328 ROADS AND BRIDGES.
"§ 1. That on the petition of twenty-five per cent of the land owners,
who are legal voters of any township to the town clerk thereof, in coun-
ties under township organization, or road districts in counties not un-
der township organization, to the county clerk, he shall, when giving
notice of the time and place for holding the next annual town meeting
or road district meeting also give notice that a vote will be taken at said
election for or against levying a tax not to exceed one dollar on each one
hundred dollars assessed valuation of all the taxable propert}', including
railroads, in the township or road districts, for the purpose of construct-
ing and maintaining gravel, rock, macadam or other hard roads. Said
petition shall state the location and route of the proposed road or roads,
and shall also state the rate per cent not exceeding one dollar on each one
hundred dollars, and the number of years, not exceeding five, for which
said tax shall be levied if in any such petition a special election shall
be requested for such purpose, it shall be called -in the manner provided
for calling special elections in section 4a of this Act.
§ 4a. That in any township in counties under township organization,
and in any road district in counties not under township organization,
wherein the people have at any time voted for a special tax for gravel,
rock, macadam or other hard roads, as provided in section [s] 1 and 2 of
this Act or concurrently with the election for such special tax if the
commissioners desire to expend on hard roads in their town (or dis-
trict) a greater sum than is available to them from other sources, they,
or a majority of them, may petition the supervisor of the town (or the
county' clerk of the county) to call a special election to vote on the
proposition, which shall be clearly stated in the1 petition, substantially
as follows :
To borrow dollars to construct and maintain gravel,
rock, macadam or other hard roads in the town (or district) of
Which said petition shall be signed by said commissioners, or a majority
of them, in their official capacity, and by one hundred of the freeholders
of said town (or district) (or where there may be less than two hun-
dred such freeholders, then a majority of them), and thereupon such
petition shall be filed in the office of the town clerk of such town (or the
county clerk in counties not under township organization). Upon the
filing of such petition, the supervisor shall order the town clerk, by an
instrument in writing to be signed by him, to post up in ten of the most
public places in said town, notices of such special election (or in counties
not under township organization the county clerk shall post such notices
in said district), which notice shall state the object, time and place of
meeting, the maximum sum to be borrowed, and the manner in which
the voting is to be had, which shall invariably be by ballot, and shall be,
"For borrowing money to (here define the purpose)," or "Against bor-
rowing money (here define the purpose)." The special election shall
be held at the place of the last annual town (or district) election, by
giving at least ten days' notice, and returns thereof made in the same
manner as other special town (or district) elections are now or may
ROADS AND BRIDGES. 329
hereafter be provided by law; and if it shall appear that a majority of
the legal voters voting at said elections shall be in favor of said proposi-
tion the supervisor and town clerk (or the county clerk) acting under
the direction of the commissioners of said town shall issue from time to
time, as the work progresses, a sufficient amount in the aggregate of the
bonds of said town (or district) for the purpose of building and main-
taining gravel, rock, macadam or other hard roads; said bonds to be of
such denominations, bear such rate of interest, not exceeding 5 per cent,
upon such time, and be disposed of as necessities and convenience of said
town (or district) officers require: Provided, that said bonds shall not be
sold or disposed of either by sale or by payment to contractors for labor
and materials for less than their par value; such bonds to be issued, in
not more than ten annual series; the first series of which shall mature
not more than five years from the date thereof and each succeeding series
in succeeding years thereafter. A record of all issues of said bonds
shall be kept in the office of the county clerk of the county in which
said township or districted [district] is located, and it shall be the duty
of such county clerk to extend annually against the property in said
township or road district a tax sufficient to pay the interest of said
bonds in each year prior to the maturity of such first series and there-
after he shall extend the tax in each year sufficient to pay each series
as it matures, together with interest thereon and with the interest Upon
the unmatured bonds outstanding. Such bonds may be lithograjihed
and the interest for each year evidenced by interest coupons thereto at-
tached, which shall be signed by the same officers who execute the bonds :
Provided, however, that the amount, including the principal and in-
terest to be voted upon shall not exceed the amount which can be raised
during a 'period of five years by a levy of one dollar on each one hun-
dred dollars of taxable property in said township (or district) as com-
puted on the value of such property as taken for assessment purposes
in such town (or district) : And, provided, hoivever, that the total
amount of such bonded indebtedness shall in no case exceed thirty-five
thousand dollars ($35,000), and such town or district shall provide
for the payment of such bonds and the interest thereon by appropriate
taxation. (Added by Act approved June 3, 1907, in force July 1, 1907.)
xApproved June 14, 1909.
530 ROADS ATSTD BRIDGES.
IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION.
DISTRICT TAX — DAMAGES OR BENEFITS.
s 1. Amends sections 62 and 64, Act I § 64. Damages or benefits to
of 1887. be included in next
tax levy — to consti-
§ 62. Highway commission- i tute a separate fund.
ers to fix rate of road >
tax — limitation. I
(House Bill No. 71. Approved June 14, 1909.)
An Act to amend [sections'] 62 and 6k 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 Acts
therein named," approved May k, 1887, in force July 1, 1887, and as
amended.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That sections 62 and 64 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 Acts therein named," approved May 4, 1887, in force July 1,
1887, and as amended, be and the same hereby are amended so as to read
as follows :
§ G2. At the meeting to be held in September, the commissioners
shall determine what per cent shall be levied on the property of the dis-
trict for roads and bridges, which levy shall not exceed thirty cents on
each one hundred dollars : Provided, that the county board shall make
the first levy provided for by this Act.
§ 64. When damages or benefits have been agreed upon, allowed or
awarded for laying out, widening, altering or vacating roads, or for
ditching or leveeing to drain or protect roads, the amounts of such dam-
ages or benefits, or of any installment or installments thereof, not to
exceed for any one year twelve (12) cents on each $100.00 of the tax-
able property of the town or road district, shall be included in the first
succeeding tax levy provided for in section 62 of this Act, and shall be in
addition to the levy for road and bridge purposes; and when collected
shall constitute and be held by the treasurer of the road district as a
separate fund, to be paid out to the parties entitled to receive the same.
Approved June 14, 1909.
EOADS AND BRIDGES. 331
IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION.
TAX FOR ROAD PURPOSES — HOW ASSESSED AND COLLECTED.
§ 1. Amends section 36, Act of 1901. I § 36. Rate fixed at 30 cents
per hundred dollars —
collection — appropria-
tion.
(House Bill No. 69. Approved June 14, 1909.)
An Act to amend section 36 of an Act entitled, "An Act in regard to
roads and bridges in counties not under township organization, and
to provide for the adoption of the same" approved May 10, 1901.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section 36 of an Act entitled,
"An Act in regard to roads and bridges in counties not under township
organization, and to provide for the adoption of the same," approved
May 10, 1901, be and the same is hereby amended so as to read as,
f ollows :•
§ 36. The county board in counties not under township organiza-
tion, in addition to the work required in the foregoing section (34)
shall, at the September session, annually, assess a road tax of not more
than thirty cents on each one hundred dollars' worth of taxable prop-
erty, real and personal, or either, within their counties; and a column
in the tax book shall designate the amount of such road tax due from
each person from whom the same is to be collected; which tax shall be
collected by the collector as other county revenue, and paid into the
treasury in like manner ; and the county board shall appropriate the same
on roads and bridges, and the purchase of necessary tools, implements
and- machinery for working the roads within the road district from
which said taxes may be collected, or so much of it as the supervisor
of said district shall deem necessary to keep the roads and bridges of
such road district in good repair, and all overplus, if there be any, shall
be paid into the county treasurj^: Provided, that the above assessment
herein for road purposes shall not be calculated as a part of the consti-
tutional limit for county purposes.
Approved June 14, 1909.
332 EOADS AND BRIDGES.
IN COUNTIES UNDER TOWNSHIP ORGANIZATION.
TAXES EXTENDED— HOW COLLECTED AND PAID.
§ 1. Amends section 16, Act of 1883. § 16. As amended, requires
tax in cities of 20,000
to be paid to city-
treasurer.
(House Bill No. 17. Approved June 15, 1909.)
An Act to amend section 16 of an Act entitled, "An Act in regard to
roads and bridges in comities under township organization, and to
repeal an Act and parts of Acts therein named" approved June 23,
1883, in force July 1, 1883, as amended by an Act entitled, "An Act
to amend section sixteen 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 3, 1889, in
force July 1, 1889."
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That section sixteen of an Act en-
titled, "An Act in regard to roads and bridges in counties under town-
ship organization, and to repeal an Act and parts of Acts therein named,"
approved June 23, 1883, in force July 1, 1883, as amended by an Act
entitled, "An Act to amend section sixteen 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
3, 1889, in force July 1, 1889," be and the same is hereby amended so
as to read as follows:
§ 16. The commissioners, at said semi-annual meeting, shall make
a certificate of the rate per centum finally agreed upon by virtue of
sections thirteen and fourteen of this Act; also the amount to liquidate
road and ditch damages, and shall cause such certificate to be delivered
to the town clerk, to be kept by him on file for the inspection of the in-
habitants of said town ; and the town clerk shall at once certify these two
items of levy to the county clerk, to be by him extended as one tax upon
the collector's book of said town, to be collected as other taxes, and
when collected shall be paid to the treasurer of the commissioners by the
collector as fast as the same is collected, except such rate per • cent as
shall be allowed for collecting the same : Provided, that one-half the
tax required to be levied in sections thirteen and fourteen and collected
for road and bridge purposes, on the property lying within an incorpor-
ated village, town or city in which the streets and alleys are under the
care of the corporation, shall be paid over to the treasurer of such vil-
lage, town or city, to be appropriated to the improvement of roads,
streets and bridges, either within or without said village, town or city,
and within the township, under the direction of the corporate authori-
ties of such village, town or city : And, provided, further, that when any
of said tax is expended beyond the limits of said village, town or city, it
shall be with the consent of the road commissioners of the town: Pro-
vided, further, that in all cities of twenty thousand (20,000) inhabi-
ROADS AND BRIDGES.
333
tants or upwards, all of said tax required to be levied and collected under
said sections thirteen and fourteen, within the limits of such city, shall
be paid over to the treasurer of such city, for city purposes.
Approved June 15, 1909.
IN COUNTIES UNDER TOWNSHIP ORGANIZATION.
TAX FOR ROAD PURPOSES.
§ 1. Amends Act of 188 3.
§ 1
Highway commission-
ers to fix rate of tax.
§14. Additional for emer-
gency— limitation.
§ 19. County aid for road
and bridge work —
petition — supervision
of work.
§ 83. Road tax on property
in incorporated muni-
cipalities.
§ 119. Highway commission-
ers to determine tax
rate — statement to
township supervisor
or county board. Ad-
ditional tax — how or-
dered. Tax within
municipalities.
(House Bill No. 70. Approved June 14, 1909.)
An Act to amend sections 13, llf, 19, 83 and 119 of an Act entitled, "An
Act in regard to roads and bridges in counties under township organ-
ization, and to repeal an Act and parts of Acts therein named/' ap-
proved June 23, 1883, in force July 1, 1883, and as amended.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That sections 13, 14, 19, 83 and 119
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, and
as amended, be and the same hereby are amended so as to read as follows :
§ 13. The commissioners shall also meet semi-annually on the same
day and at the same place of meeting of the board of town auditors. At
the meeting immediately preceding the annual meeting of the county
board the commissioners shall determine what per cent of tax shall be
levied on the property of the town for road and bridge purposes and for
the payment of any outstanding orders drawn by them on their treas-
urer, which levy shall not exceed thirty-six cents on each one hundred
dollars.
§ 14. If, in the opinion of the commissioners, a greater levy is needed
in view of some contingency, they may certify the same to the board of
town auditors and the assessor, a majority of whom shall be a quorum,
and with the consent of a majority of this entire board given in writing,
an additional levy may be made of any sum not exceeding twenty-five
cents on the one hundred dollars of the taxable property of the town.
§ 19. When it is necessary to construct or repair and [any] bridge
over a stream, or any approach or approaches thereto, by means of an em-
bankment or trestle work on a public road, in any town or on or near
to or across a town line, in which work the town is wholly or in part
responsible, and the cost of which will be more than twelve cents on the
one hundred dollars on the latest assessment roll, and the levy of the
334 ROADS AND BRIDGES.
road and bridge tax for two years last past in said town was in each year
for the full amount of twenty-five cents on each one hundred dollars
allowed by law for the commissioners to raise, the major part of which is
needed for the ordinary repair of roads and bridges, the commissioners
may petition the county board fflr aid, and if the foregoing facts shall
appear, the county board shall appropriate from the county
treasury a -sum sufficient to meet one-half the expenses of the
said bridge or other work, on condition the town asking aid
shall furnish the other half of the required amount: Pro-
vided, that said commissioners shall, when it is determined by them
that they will ask said county aid, as provided for in this section, and
before any contract for work or material or any other expense may have
been entered into, present their said petition to the county board, if it
shall be in session, and if it shall not be in session, to the chairman of
said county board, whereupon said county board or the chairman thereof,
as the case may be, shall appoint three members of said board, none of
whom shall reside in the town, asking aid as aforesaid, to represent the
county in said matter, and said supervisors, when so appointed and
notified, shall meet said commissioners at time and place to be selected
by said commissioners, and the commissioners and supervisors shall
organize by electing one of their members chairman, and said commis-
sioners and. supervisors shall make all contracts in manner provided by
law for work, material and other expenses necessary for the construction
or repairing of said bridge, or approach, or approaches thereto, a major-
ity vote of said commissioners and three supervisors being necessary
to make any contract or incur any expense: And, provided, further, that
all expenditures shall be made by said commissioners and supervisors,
and the county board shall not be liable for any part of said expenses
or compelled to pay any part of its appropriation until all of the work
has been fully completed and accepted by said commissioners and super-
visors and said facts properly certified to by said supervisors and pre-
sented to said county board at a meeting held after the completion of
said work, which certificate shall contain an itemized account of the
expenditures : And, provided, further, if the supervisors and commis-
sioners, when organized as aforesaid, shall fail to agree or come to a
conclusion on the matters before them, they shall, on account of a tie,
summon a reputable citizen, who is a householder of said county but
not a resident of the town asking aid, said summons to be served by any
constable of the county, and all questions in dispute and remaining un-
settled shall be submitted to him, whose decision shall be final on all
matters so submitted. The fees of the householder shall be the same
as that of the supervisors, and the constable's fees shall be the same as
constable's fees for summoning a jury, and all of said fees of said mem-
bers of said commission and constable fees shall be paid out of said
funds as part of the expenses.
§ 83. The commissioners of highways of each town shall annually
ascertain, as near as practicable, how much money must be raised by tax
ROADS AND BRIDGES. 335
on real and personal property, and railroad property known as "rail-
road track" and "rolling stock/' for the making and repairing of roads
only, to any amount they may deem necessar}^ not exceeding twenty-five
cents on each one hundred dollars' worth, as equalized and assessed by
the State Board of Equalization, for the purposes of taxation for the
previous year, and shall levy and assess the same as a road tax against
said property : Provided, that the tax on the property levied for road
purposes only lying within an incorporated village, town or city, in
which the streets and alleys are under the care of the corporation, shall
be paid over to the treasurer of such village, town or city, to be appro-
priated to the improvement of roads, streets and bridges, either within
or without said village, town or city, and within the township, under
the direction of the corporate authorities of such village, town or city:
Provided, further, that when any of said tax is expended beyond the
limits of said village, town or city, it shall be with the consent of the
road commissioners of the town: And, provided, further, that the au-
thorities of such incorporated town, city or village, may, at any time,
direct the collector not to collect the tax so levied within the limits of
such incorporated town, city or village.
§ 119. The highway commissioners of each town shall, annually,
ascertain, as near as practicable, how much money must be raised on real,
personal and railroad property, for the making and repairing of bridges,
the payment of damages by reason of the opening, altering and laying out
of new roads and ditches, the purchase of necessary tools, implements and
machinery for working roads, the purchase of the necessary material for
building or repairing or draining roads and bridges, the pay of the over-
seer of highways during the ensuing year, and for the payment of all
outstanding orders drawn by the commissioners on their treasurer, com-
mencing on Tuesday next preceding the annual [meeting] of the county
board in September, which tax shall be extended on the tax books ac-
cording to the assessment of the current year; and shall levy a tax on all
the real, personal and railroad property in said town, not exceeding
twenty-five cents on the one hundred dollars ; and they shall give to the
supervisor of the township and in Cook county to the county board, a
statement of the amount necessary to be raised, and the rate per cent of
taxation, signed by said commissioners, or a majority of them, on or be-
fore the Tuesday next preceding the annual September meeting of the
board of supervisors, or the county board of Cook county, who shall
cause the same to be submitted to said board for their action at such
September meeting of said board : Provided, that if the commissioners
of highways, or any three legal voters, shall give notice by posting notices
in at least three of the most public places of the town, at least ten days
before the annual meeting, that a larger amount of money will be re-
quired for the purpose of constructing or repairing roads or bridges in
their town than can be realized from the real, personal and railroad tax
authorized by law to be assessed by the commissioners, the legal voters
present at such meeting may authorize an additional amount to be raised
by tax, not exceeding twenty-five cents on each one hundred dollars
336 EOADS AND BEIDGES.
valuation, and said board shall cause the same to be extended as one tax
on the collector's books of said town, to be collected as other taxes, and
when collected shall be paid to the treasurer of the commissioners by the
collector as fast as the same is collected, except such rate per cent as
shall be allowed for collecting the same : Provided, that one-half of said
tax required to be levied by this section on property lying within an in-
corporated village, town or city, in which the streets and alleys are under
the care of the corporation, shall be paid over to the treasurer of such
village, town or city, to be appropriated for the improvements of roads,
streets and bridges either within or without said village, town or city,
and within the township, under the direction of the corporate authorities
of such village, town or city: And, provided, further, that when any of
said tax is expended beyond the limits of said village, town or city,
it shall be with the consent of the road commissioners of the town : Pro-
vided, further, that in all cities of fifteen thousand (15,000) inhabitants
or upwards, all of said tax required to be levied and collected under this
section, within the limits of such city, shall be paid over to the treasurer
of such city for city purposes.
Approved June 14, 1909.
MOTOR VEHICLES — ANNE &L REGISTRATION, ETC.
§ 4. Lamps.
§ 1. Amend sections 2, 3, 4, 7 and 14,
Act of 1907.
§ 2. Annual registration by
owners — certificate of
registration.
§ 3. Numbers to be dis-
played upon motor
vehicles.
§ 7. Registration by subse-
quent purchasers.
§14. Chaffeurs' registration)
and record — fee.
(House Bill No. 666. Approved June 10, 1909.)
An Act to amend sections 2, 3, If, 7 and 11). of an Act entitled, "An Act
defining motor vehicles and providing for the registration of the same
and uniform rules regulating the use and speed thereof, and repealling
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 Man 13, 1903, in force July 1, 1903,
and to repeal all other Acts or parts of Acts inconsistent herewith,"'
filed May 28, 1907, in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That sections 2, 3, 4, 7 and 14 of
an Act entitled, "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, fAn 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 in-
consistent herewith," filed May 28, 1907, in force July 1, 1907, be and
the same are hereby amended to read as follows:
ROADS AND BRIDGES. 337
§ 2. Registration by owners of automobiles — certificate of
registration.] Every owner of a motor vehicle which shall be driven
in this State shall, except as otherwise provided in this Act, within ten
days after he becomes the owner of such vehicle, file in the office of
the Secretary of State an application properly sworn to, setting forth
his name and address, with a brief description of the vehicle to be regis-
tered, including the name of the maker, factory number, style of vehicle
and motor power, and the amount of such motor power stated in figures
of horse power, on a blank to be prepared and furnished by such Secre-
tary of State for that purpose, and shall pay to said Secretary of State
a registration fee of two dollars per annum for each motor vehicle owned
by the person making such application. Said registration shall be made
on the date the application is received and filed by the Secretary of
State and shall expire one year thereafter. Upon the filing in the office
of the Secretary of State of said application, as hereinbefore provided,
the Secretary of State, or his duly authorized agent, shall, without fur-
ther fee, assign to such motor vehicle, as described in such application,
a distinctive number, and shall issue to the owner of such motor vehicle,
as it is described in the application filed, a certificate of registration,
which certificate shall be in the form of a card, which may. be carried
in the pocket, and which certificate shall contain the distinctive number
so assigned to such motor vehicle, the name and address of the owner,
a brief description of such motor vehicle, stating the name of the manu-
facturer, the motor power, and the amount of such motor power stated
in figures of horse power. The Secretary of State shall also issue and
deliver to the owner of such motor vehicle a seal of aluminum or other
suitable metal which shall be circular in form and not to exceed two
inches in diameter, having stamped thereon the words, "Registered
Motor Vehicle No. ., 111. Motor Vehicle Law/' with the registration num-
ber inserted therein, which seal shall thereafter at all times be affixed
to the motor vehicle to which such number has been assigned. Duplicate
certificates of registration will be issued upon the payment of a fee of
50 cents and the filing in the office of the Secretary of State an affidavit
to the effect that the original certificate of registration was lost, stolen
or destroyed.
The Secretary of State shall cause the name of such owner, with his
address, registration number and date of the filing of application and the
description of such motor vehicle or motor vehicles to be entered in
alphabetical order of the owner's name, in a book to be kept for such
purpose in the office of said Secretary of State: Provided, that this
section shall not apply to manufacturers of, or dealers in, motor vehi-
cles in this State, except as to vehicles kept by such manufacturers or
dealers for private use or for public hire.
Any person who has registered his motor vehicle in this State prior
to the time when this Act shall take effect, shall be exempt from the
provisions of this section until the expiration of one year from the date
of said registration. The Secretary of State shall, once a year, and
—22 L
338 . ROADS AND BRIDGES.
oftener if he deems necessary, print and mail to the clerks of all coun-
ties in the State, lists of registrations made in accordance herewith, to-
gether with the numbers of the motor vehicles and the names and ad-
dresses of the owners thereof.
§ 3. Numbers to be displayed upon, motor vehicles.] The
owner of each motor vehicle shall have a number corresponding with the
number of the certificate of registration and registration seal issued by the
Secretary of State, as hereinbefore provided, conspicuously displayed upon
the front and back of every such motor vehicle owned by him, whenever
the same shall be driven or used upon the public streets, roads, turnpikes,
parks, parkways, drives or other public highways in this State ; such num-
bers to be separate Arabic numerals not less than four inches in height and
each stroke to be of a width not less than one-half of an inch, and also,
as part of such number, the letters ILL.; such numbers and letters
shall be black on white ground, and such letters to be not less than one
inch in height. Said owner shall not be required to place any other
marks of identity upon said motor vehicle.
§ 4. Lamps.] Every motor vehicle shall carry, during the period
from sunset to one hour before sunrise, at least two lighted lamps, show-
ing white lights visible at least two hundred feet in the direction toward
which each motor vehicle is proceeding, and shall also exhibit at least
one red light, visible in the reverse direction, attached to the rear of such
motor vehicle.
§ 7. Begistration bt subsequent purchaser.] The vendor and
purchaser of every motor vehicle which has been previously registered
by any person other than a manufacturer or dealer shall, within ten
days after such sale, join in a statement and send the same by mail to
the Secretary of State, together with a filing fee of fifty cents, to be paid
by the vendor, and thereupon said registration shall cease to apply to the
motor vehicle so sold ; and the purchaser of such motor vehicle shall reg-
ister the same as in case of an original registration, and another and
different number than the original registration number shall be assigned
to said motor vehicle, and the said original registration number shall
be canceled by the Secretary of State.
§ 14. Chauffeurs' registration and record — fee.] Every per-
son hereafter desiring to operate a motor vehicle as chauffeur, which
is hereby defined to mean any person operating a motor vehicle as
mechanic or employ [employe] or for hire, shall file in the office of the
Secretary of State, on a blank to be supplied by such Secretary of State,
an application properly sworn to, which shall include his name and ad-
dress and motor power of the motor vehicle or vehicles he is competent
to operate, and shall pay a registration fee of one dollar per annum,
and thereupon the Secretary of State shall file such application in his
office, register such chauffeur in a book or index to be kept for that
purpose and assign to him a number. Said registration shall be made
on the date the application is received and filed by the Secretary of State
and shall expire one year thereafter. Any person who has been regis-
EOADS AND BRIDGES.
539
tered as a chauffeur in this State prior to the time when this Act shall
take effect shall be exempt from the provisions of this section until the
expiration of one year from the date of said registration.
Approved June 10, 1909.
MOTOR VEHICLES— LAMPS, SPEED, PENALTIES.
Amends sections 4, 10 and 19,
Act of 1907.
4. Lamps and
thereon.
numbers
§ 10. Speed.
§19. Penalties.
(House Bill No. 672. Approved June 11, 1909.)
An Act to amend sections If-, 10 and 19 of an Act entitled, "An Act
defining motor vehicles, and providing for the registration of the
same, and uniform rules regulating the use and speed thereof, and re-
pealing 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 incon-
sistent herewith," filed May 28, 1907, in force July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That sections 4, 10 and 19 of an
Act entitled, "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 in-
consistent herewith/' filed May 28, 1907, in force July 1, 1907, be and the
same are hereby amended so as to read as follows :
§ 4. Every motor vehicle shall carry during the period from sun-
set to one hour before sun-rise at least two lighted lamps, showing white
lights visible at least two hundred (200) feet in the direction toward
which each motor vehicle is proceeding and shall also exhibit at least one
lighted lamp, which shall be so situated as to throw a red light visible
in the reverse direction. The identification number at the back of the
vehicle, provided for in section 3, shall be permanently attached to the
vehicle so that it will not swing loosely and shall be so lighted as to be
plainly visible.
Upon each of the glass fronts of the two first mentioned lamps, show-
ing white lights, shall be displayed in such manner as to be plainly vis-
ible, when such lamps are lighted, the number of the certificate issued as
aforesaid by the Secretary of State, and in addition thereto the letters
ILL,, such figures to be in separate Arabic numerals not less than one
inch in height.
§ 10. No person shall drive a motor vehicle or motor bicycle upon
any public highway in this State at a speed greater than is' reasonable
and proper having regard to the traffic and the use of the way or so as
340 ROADS AND BRIDGES.
to endanger the life or limb or injure the property of any person. If
the rate of speed of any motor vehicle or motor bicycle operated upon
any public highway in this State where the same passes through the
closely built up business portions of any incorporated city, town or vil-
lage exceeds ten (10) miles an hour for a distance of one-eighth of a
mile or if the rate of speed of any motor vehicle or motor bicycle oper-
ated on any public highway in this State where the same passes through
the residence portions of any incorporated city, town or village exceeds
fifteen (15) miles an hour for a distance of one-eighth of a mile or if
the rate of speed of any motor vehicle or motor bicycle operated on any
public highway in this State outside the closely built up business por-
tions and the residence portions of any incorporated city, town or vil-
lage exceeds twenty (20) miles an hour for a distance of one-quarter
of a mile such rates of speed shall be prima facie evidence that the- per-
son operating such motor vehicle or motor bicycle is running at a rate
of speed greater than is reasonable and proper having regard to the
traffic and use of the way or so as to endanger the life or limb or injure
the property of any person. If the rate of speed of a motor vehicle or
motor bicycle operated on any public highway in this State in going
around a corner or curve in a highway where the operator's view of the
road traffic is obstructed exceeds six (6) miles an hour such rate of
speed shall be prima facie evidence that the person operating such motor
vehicle or motor bicycle is running at a rate of speed greater than is
reasonable having regard to the traffic and the use of the way or so as
to endanger the life or limb or injure the property of any person.
§ 19. Any person wilfully violating the provisions of this Act shall,
except as otherwise provided herein, upon conviction, be fined in a sum
not to exceed the amounts hereinafter set forth:
For a violation of section two, twenty-five dollars.
For a violation of section three, twenty-five dollars.
For a violation of section four, twenty-five dollars.
For a violation of section five, twenty-five dollars.
For a violation of section six, twenty-five dollars.
For a violation of section seven, twenty-five dollars.
For a violation of section nine, twenty-five dollars.
For a violation of section ten, subdivision a, two hundred dollars.
For a violation of section ten, subdivision b, two hundred dollars.
For a violation of section ten, subdivision c, two hundred dollars.
For a violation of section twelve, two hundred dollars.
For a violation of section fourteen, ten dollars.
For a violation of section fifteen, fifteen dollars.
For a violation of section seventeen, one hundred dollars.
Any provision not herein specifically mentioned, one hundred dollars :
Provided, that any offender who shall have been found guilty of a viola-
tion of any section of this Act, and find [fined] therefor, and who shall
within six months thereafter be convicted of a second violation of such
section, may be fined in a sum not exceeding double the penalty herein
provided for a first violation, and in addition thereto may have his cer-
tificate or license issued by the Secretary of State revoked for a period
ROADS AND BRIDGES. 341
not exceeding sixty days ; and for a third or subsequent violation of such
section within six months after the date of such second violation, the
certificate of license may, in addition to the fine provided for a second
offense, be revoked for a period not exceeding six months. Any person
whose license shall have been revoked for a violation of any of the pro-
visions of this Act, and who shall drive or operate a motor vehicle within
the State of Illinois during the period for which his said license shall
have been revoked, or any person who, having once been convicted of a
failure to comply with the provisions of this Act, requiring a registra-
tion of chauffeurs, shall fail or refuse to comply with said
provisions, shall be deemed guilty of a. misdemeanor, and on conviction
may be fined in a sum not to exceed two hundred dollars, or imprisoned
in the county jail for a period not exceeding thirty days, or both, in
the discretion of the court. All fines imposed for the violation of any
of the provisions of this Act shall be paid to the treasurer of the high-
way commissioners of the township or road district in which the offense
is committed by the justice of the peace, clerk of the court or other
officer to whom the amount of such fines shall be by law required to be
paid by the constable, bailiff, sheriff or other officer named in any execu-
tion issued for the collection of the same ; and all moneys so received by
the treasurer of the highway commissioners shall be used in repairing
and improving the roads within such township or road district : Pro-
vided, however, that whenever any such violations shall occur within
the limits of any cit}r, village or incorporated town, or within the juris-
diction of any board of park commissioners wherein no commissioners
of highways exist or have jurisdiction, in such case all fines imposed for
the violation of any of the provisions of this Act shall be paid to the
treasurer of such city, village or incorporated town, or to the park com-
missioners within whose jurisdiction the offense is committed by the
justice of the peace, clerk of the court or other officer, to whom the
amount of such fines shall be by law required to be paid by the constable,
bailiff, sheriff or other officer named in any execution issued for the col-
lection of the same, and all moneys so received by the treasurer of such
city, village or incorporated town, or park commissioners, shall be used
in repairing and improving the roads or streets within such city, village,
incorporated town or park.
Approved June 11, 1909.
342
SCHOOLS.
SCHOOLS.
GENERAL REVISION OF SCHOOL LAWS.
§§ 1-4. Superintendent of Public
Instruction — election
— oath — bond —
powers and duties.
§§ 5-18. County superintendents —
election — oath — bond —
powers and duties.
§§ 19-66. Trustees of schools — qual-
ifications — election — -
organization — powers
and duties. Districts —
creation — division —
consolidation — disso-
lution — change of
boundaries.
§§ 67-84. Township treasurer ■ — ■
qualifications — elec-
tion — removal — bond
— powers and duties.
§§ 85-97. Township high schools —
creation — control —
joint schools — discon-
tinuance — manual
training.
§§ 9S-102. County normal schools — ■
creation — maintenance
— control — union
schools.
§§ 103-122. School directors — quali-
fications — election —
organization — powers
and duties.
§§ 123-127. Boards of education in
districts of less than
100,000 — election —
powers and duties.
?§ 128-139. Boards of education in
cities exceeding 100,000
— number — ■ appoint-
ment — qualifications —
powers and duties.
§§ 140-151. Parental schools — crea-
tion — ■ control — in-
struction — commitment
— discharge — parole
— commitment to re-
formatory.
§§ 152-165. Teachers' pension fund-
creation — - control —
trustees ■ — - custodian —
beneficiaries.
§§ 166-175. Scholarships — registra-
tion of applicants ■ — ■
examinations — awards
- — -nominations by mem-
bers of General Assem-
bly.
§§ 176-1J
§§ 189-194.
Teachers — qualifications
— certificates, general
and special — exam-
inations — fees — reg-
isters — schedules —
school month.
Revenue — annual tax
levy limited for school
purposes — for build-
ing purposes. Duties of
directors, county clerks,
assessors and other of-
ficers.
§S 195-201. Bonds — issuance — regis-
tration — proceeds —
election — refunding.
§§ 202-206. County clerk — duties as
to school affairs.
§§ 207-209. County board — duty as
to school affairs.
§§ 210-216. School fund — how con-
stituted. Duties of Au-
ditor, collector, treas-
urer, county superin-
tendent and others.
§§ 217-231 School lands — definition
— leasing — conveying
— trespassing — sale — ■
patent — dedication.
§§ 238-243. Fines, forfeitures and pen-
alties — paid to coun-
ty superintendent. Du-
ties of states attorneys
— of magistrates — of
clerks of courts — fail-
ure to pay or make re-
port.
§§ 244-264. Liability of school officers
— trustees — county
clerk — treasurer —di-
rector— ■ clerk of school
board — election officers
and others.
§§ 265-276. Miscellaneous provisions.
Tenure of officers — -
costs in school, suit —
qualifications of voters
— arbor and bird day
— printing for State
Teachers' Association
— alcoholic drinks and
narcotics — compulsory
attendance — truant
officers ■ — construction
of Act.
§§ 277-278. Repeal and emergency
clauses.
(Senate Bill, No. 96. Approved June 12, 1909.)
SCHOOLS. 34c
An Act to establish and maintain a system of free schools.
SUPERINTENDENT OF PUBLIC INSTRUCTION.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly: That on Tuesday next after the first
Monday in November, 1910, and quadrennially thereafter, there shall
be elected by the qualified voters of this State a Superintendent of Pub-
lic Instruction, who shall hold his office for four years from the second
Monday in January next after his election.
§ 2. Before entering upon his duties he shall take and subscribe the
oath of office prescribed by the Constitution, and execute a bond in the
penalty of $25,000.00, payable to the People of the State of Illinois,
with securities to be approved by the Governor, conditioned upon, the
faithful discharge of his duties. Such bond and oath shall be deposited
with the Secretary of State.
§ 3. The duties of the Superintendent of Public Instruction shall be :
First — To have his office at the seat of government, and to keep a
record of all matters pertaining to the business of his office.
Second — To file all papers, reports and public ' documents transmitted
to him by the school officers of the several counties, for each year sep-
arately; and to keep and preserve all other public documents, books and
papers relative to schools, coming into his hands as Superintendent of
Public Instruction.
Third — To supervise all the common and public schools in the State.
Fourth — To counsel and confer, in such manner as he may deem
best, with experienced and practical teachers as to the best manner of
conducting common schools.
Fifth — To advise and assist county superintendents of schools, ad-
dressing to them, from time to time, circular letters relating to the best
manner of conducting schools, constructing school houses, furnishing
the same and examining and procuring competent teachers.
Sixth — To be ex officio a member of the board of trustees of the
Southern Normal University.
Seventh — To make such rules and regulations as may be necessary to
carry into efficient and uniform effect the provisions of this Act, and of
all laws for establishing and maintaining free schools in the State.
Eighth — To be the legal advisor of school officers, and, when requested
by any school officer, to give his opinion in writing upon any question
arising under the school laws of the State.
Ninth — To hear and determine all controversies arising under the
school laws of the State, coming to him by appeal from a county super-
intendent of schools.
Tenth — To grant certificates to such teachers-. as may be found qual-
ified to receive them, and to suspend the operation of any State certifi-
cate for immorality or other unprofessional conduct.
344 SCHOOLS.
Eleventh — To visit such of the charitable institutions of the State as
are educational in their character, to examine their facilities for in-
struction, and to prescribe forms for such reports as he may desire from
their superintendents.
Twelfth — To report to the Governor, on or before the 1st of
November, preceding each regular session of the General Assembly, the
condition of the schools in the several counties of the State ; the number
of schools which have been taught in each county in each of the preced-
ing years, commencing on the 1st of July; the number taught by men
and women respectively; the number of pupils in attendance; the num-
ber of persons in each county under 21 years of age, and the number of
persons between the ages of 12 and 21 years unable to read and write;
the amount of township funds; the amount of interest on the State or
common school fund, and on the township fund, annually paid out; the
amount raised by an ad valorem tax; the amount annually expended for
schools ; the number of school houses, their kind and condition ; the num-
ber of townships and parts of townships in each county; the number of
books purchased for the use of schools and the cost of the same; the
value of apparatus purchased; the number of district libraries; to-
gether with such other information and suggestions as he may deem im-
portant in relation to. the schools and school laws, and the means of pro-
moting education throughout the State ; which report shall be submitted
to the General Assembly at each regular session.
§ 4. The Superintendent of Public Instruction shall have the fol-
lowing powers :
First — To designate the particular statistics relating to public schools
which school officers are required to report to the county superintendent
of schools.
Second — To authorize the county superintendent of schools to pro-
cure such assistance as may be necessary to conduct teachers' institutes.
Third — To require the county superintendents of schools to furnish
him with such information as he may desire to include in his report to
the General Assembly.
Fourth — To require the trustees of school [s] of each township to make,
at any time, a report similar to that required of trustees of schools, on or
before the 15th day of July preceding each regular session of the Gen-
eral Assembly.
Fifth— To require annual reports from the authorities of townships,
cities or districts maintaining schools by authority of special charters.
Sixth — To remit upon the recommendation of the county superin-
tendent of schools, or for other good and sufficient reasons, the for-
feiture of the school fund by any township which may have failed to
make the reports required by law.
Seventh — To require the Auditor of Public Accounts to withhold from
the county superintendent the amount due his county from the State
school fund, or the said county superintendent for his compensation,
until the report provided for in section 7 of this Act shall have been
furnished as therein required.
schools. 345
Eighth — To request the president, principal or other proper officer of
every organized university, college, seminary, academy or other educa-
tional institution, whether incorporated or unincorporated, to submit
such report as he may require in order to lay before the General Assembly
a full exhibit of the affairs and conditions of such institutions and of
the educational resources of the State.
Ninth — To require the county superintendent of schools, trustees,
township treasurer, directors or other school officer, to withhold from
any township, district, officer, or teacher, any part of the common school
township or other school fund, until such treasurer, officer or teacher
shall have made all schedules reports and returns required
of him by this Act, and until such officer shall have executed and filed
-all official bonds and accounted for all common school, township or other
school funds which have come into his hands.
COUNTY SUPERINTENDENT OF SCHOOLS.
§ 5. On Tuesday next after the first Monday in November, 1910,
and quadrennially thereafter, there shall be elected by the qualified voters
of every county in this State a county superintendent of schools, who
shall enter upon the discharge of his duties on the first Monday of De-
cember after his election.
§ 6. Before entering upon his duties he shall take and subscribe the
oath prescribed by the Constitution, and execute a bond payable to the
People of the State of Illinois, with two or more responsible freeholders
as security, to be approved by the county board or by the judge and
clerk of the county court, in a penalty of not less than $12,000.00 con-
ditioned upon the faithful discharge of his duties. The bond shall be
in the following form, to-wit:
State oe Illinois, "]
J*ss.
County. J
Know all men by these presents : That we, A B, C D, and E F, are
held and firmly bound, jointly and severally, unto the People of the
State of Illinois, in the penal sum of dollars, to the payment
-of which we bind ourselves, our heirs, executors and administrators
firmly by these presents.
In witness whereof we have hereunto set our hands and seals this
day of 1 . . . .
The condition of this obligation is such that if A B, county superin-
tendent of schools of the county aforesaid, shall faithfully discharge all
the duties of his office, according to law, and shall deliver to his suc-
cessor in office all moneys, books, papers and property in his hands as
such county superintendent of schools, then this obligation to be void,
otherwise to remain in full force and virtue.
A B ,. ;. (Seal)
C D ■.-., (Seal)
B:.i,.. F (Seal)
346 . schools.
This bond shall be filed in the office of the county clerk, and action or
actions upon it may be maintained by any corporate body interested, for
the benefit of any township or fund injured by any breach of its con-
ditions.
§ 7. On or before the fifteenth of August, annuall}-, the county su-
perintendent of schools shall present to the Superintendent of Public
Instruction such information relating to schools in his county as the
Superintendent of Public Instruction may require.
§ 8. The county superintendent shall present under oath, or affirma-
tion, to the county board at its annual meeting in September, and as
near quarterly thereafter as such board may have regular or special
meetings, a report of all his acts as county superintendent, including a
list of all the schools visited, with the dates of visitation.
§ 9. The county superintendent shall report, in writing, to the
county board, at its regular meeting in September of each year, stating,
first, the balance on hand at the time of the last report, and all receipts
since that date, with the sources from which they were derived : second,
the amount distributed to each of the township treasurers in his county;
third, any balance on hand. At the same time he shall present for in-
spection his books and vouchers for all expenditures, and submit in writ-
ing a statement of the condition of the institute fund and of any other
funds in his care, custody or control.
§ 10. The county superintendent shall keep three books, to be known
and designated by the letters A, B and C, for the following purposes :
In book A he shall record at length all petitions presented to him for
the sale of common school lands, the plats and certificates of valuation
made by or under the direction of the trustees of schools, and the affi-
davits in relation to the same. In book'B he shall keep an account of
all sales of common school lands, including the date of sale, name of
purchaser, description of land sold and the selling price. In book C
he shall keep a regular account of all moneys received or paid out ;
from Avhom received, on what account, showing whether it is principal
or interest, the rate of interest, and a description of the real estate takeu
as security; if paid out, to whom, when, and on what account, and the
amount of the list of sales and the account of each township fund to
be kept separate.
§ 11. At the regular meeting of the county board, in each year, the
county superintendent shall present; first, a statement showing the sales
of school lands made subsequent to the first regular term of the previous
year, which shall be a true copy of the salebook (book B) ; second, a
statement of the amount of money received, paid, and in hand, belong-
ing to each township or fund under his control, the statement, of each
fund to be separate; third, a statement copied from his loan book (book
C), showing all the facts in regard to loans which are required to be.
stated in the loan book.
§ 12. In all cases in which the trustees of schools of any township
shall fail to prepare and forward, or cause to be prepared and forwarded
to the county superintendent, the information required of them by this
schools. 347
Act, it shall be the chit}- of the county superintendent to empioy a com-
petent person to take the enumeration and furnish such information, as
far as practicable. The person so employed shall have access to the
books and papers of the township to enable him to make such statement ;
and the township treasurer, or other officer or person in whose custody-
such books and papers may be, shall permit such person to examine such
books and papers at such times and at such places as such person may
desire for the purposes aforesaid. For such services the county superin-
tendent shall pay to the person so employed by him such amount as he
may judge reasonable, out of any money which is or may come into
his hands, apportioned as the share of or belonging to such township;
and the county superintendent shall proceed to recover and collect the
amount so allowed or paid in a civil action before any justice of the
peace in the county, or before any court having jurisdiction, in the
name of the People of the State of Illinois, of and against the trustees
of schools of the township in their individual capacity ; and in such suit
or suits the county superintendent and the township treasurer shall be
competent witnesses. The money so recovered, when collected, shall
be paid to the county superintendent for the benefit of the township,
to replace the money taken as aforesaid.
§ 13. Whenever the bond of any township treasurer approved by the
trustees of schools, as required by law, shall be delivered to the county
superintendent of schools, he shall carefully examine the same, and if
the instrument is found to be in all respects according to law, and the
securities good and sufficient, he shall endorse his approval thereon,
have it recorded in the recorder's office, and file the same with the papers
of his office ; but if the bond is in any respect defective, or if the penalty
is insufficient, he shall return it for correction. When the bond shall
have been received and filed, the superintendent shall, on demand, de-
liver to the township treasurer a written statement certifying that his
bond has been approved and filed, and that the township treasurer is en-
titled to the care and custody, on demand, of all moneys, bonds, mort-
gages, notes and securities, and all books, papers and property of every
description belonging to the township.
§ 14. Upon receipt of the amount due the county from the State
school fund, the county superintendent shall apportion the same, to-
gether with other funds held for distribution, to the townships and parts
of townships in his county in which schools have been maintained as
provided by law, according to the number of persons under 21 years
of age returned to him, and shall pay the distributive share belonging
to each township and fractional township to the respective township
treasurers, or other authorized persons, annually: Provided, hoivever,
that no part of the State or other school fund, shall be paid to any
township treasurer, or other person authorized to receive it, unless such
treasurer shall have filed his bond, or, if re-elected, shall have renewed
his bond and filed the same as required by law.
§ 15. It shall further be the duty of each county superintendent of
schools :
348 schools.
First — To execute upon notice by the county board, a new bond, con-
ditioned and approved as the first bond.
Second — To sell township fund lands, issue certificates of purchase,
report to the county board and Auditor of Public Accounts, and per-
form all other duties pertaining thereto.
Third— To register the names of all applicants for Normal school,
and University scholarships; to hold, or cause to be held, examinations
for the same, and to perform such other duties as pertain thereto.
Fourth — To visit each public school in the county at least once a year,
noting the methods of instruction, the branches taught, the text-books
used, and the discipline, government and general condition of the
schools; in the performance of which duty he shall spend at least half
his time, and more if practicable, in visiting ungraded schools.
Fifth — To give teachers and school officers such directions in the
science, art and methods of teaching, and in regard to courses of study,
as he may deem expedient.
Sixth — To act as the official adviser and constant assistant of the
school officers- and teachers of his county. In the performance of this
duty he shall faithfully carry out the advice of the Superintendent of
Public Instruction.
Seventh — To conduct a teachers' institute, to aid and encourage the
formation of other teachers' meetings, and to assist in their management.
Eighth — To labor in every practicable way to elevate the standard of
teaching, and improve the condition of the common schools of his
county.
Ninth — To examine at least once each year all books, accounts and
vouchers of every township treasurer in his county, and, if he finds any
irregularities in them, to report the same at once in writing to the trus-
tees, whose duty it shall be to take immediately such action as the case
demands.
Tenth — To examine all notes, bonds, mortgages, and other evidences
of indebtedness which the township treasurer holds officially, and if he
finds that the papers are not in proper form, or that the securities are
insufficient, he shall so state in writing to the board of trustees.
Eleventh — To give notice of the election of trustees in such cases as
are specified in section 24 of this Act.
Twelfth — To give notice of any regular or special election as required
by section 107 of this Act.
Thirteenth — To investigate and determine all matters pertaining to
changes in the boundaries of school districts which may come to him
by appeal from the decision of the trustees of schools, and to inform
the township treasurer from whom the papers relating to the matter were
received of his decision.
Fourteenth — To file and keep all the poll books and returns of elec-
tions required to be returned to him and the reports and statements re-
turned by township treasurers and trustees of schools.
' Fifteenth — To hold meetings, at least quarterly, for the examination
of teachers.
SCHOOLS. o±9
Sixteenth — To grant certificates of qualification to teach to such per-
sons as may be qualified to receive them, and to keep a record of all
teachers to whom certificates have been granted, and of all teachers
employed in his county.
Seventeenth — To notify the presidents of boards of trustees and the
clerks of school districts, on or before September thirtieth, annually,
of the amount of money distributed by him to the township treasurer,
with the date of distribution.
Eighteenth — To keep in his office a map of his county on a scale of
not less than two inches to the mile, and to indicate thereon the bound-
ary lines and numbers of all school districts. Districts shall be num-
bered consecutively. In case of the formation of a new district composed
of parts of two or more counties the county superintendents of such
counties shall agree upon a number by which such district shall be desig-
nated, which number shall not be a duplicate of any number in either
of such counties.
Nineteenth — To furnish the township treasurers a list of the districts
in their respective townships with the consecutive numbers of the same.
§ 16. The county superintendent shall have power:
First — To require the trustees of each township in his county to
make, at any time he may desire, the report provided for in section 36
of this Act.
Second — To recommend to the Superintendent of Public Instruction
the remission of the penalty provided for a failure of the trustees of
schools to make the report required by law.
Third — To renew teachers' certificates at their expiration by his en-
dorsement thereon.
Fourth — To revoke the certificate of any teacher for immorality, in-
competency or other just cause.
Fifth — To direct in what manner township treasurers shall keep their
books and accounts.
Sixth — To bring suit against the county collector for failure to pay
the amount due upon Auditor's warrant.
Seventh — To remove any school director from office for wilful failure
to perform his official duties.
Eighth — To employ, with the approval of the county board, such as-
sistant or assistants as he needs for the full discharge of his duties.
Such assistants shall be persons of good attainments, versed in the prin-
ciples and methods of education, familiar with public school work, and
competent to visit schools.
Ninth — To demand of the trustees of schools certified copies of maps
and records of school districts as organized. In case of discrepancies
or defects in defining the boundaries of school districts the county super-
intendent, or in case of a district lying in two or more counties, the
county superintendents of such counties acting jointly, shall be author-
ized to define such boundaries in conformity with what may appear to
have been the intention of the trustees of schools when such boundaries
were established.
350 SCHOOLS.
§ 17. In all controversies arising under the school law, the opinion
and advice of the county superintendent shall first be sought, whence ap-
peal may be taken upon a written statement of facts certified by the
county superintendent to the Superintendent of Public Instruction.
§ 18. The county superintendent, upon his removal or resignation,
or at the expiration of his term of office, or in case of his death his
representatives, shall deliver to his successor in office, on demand, all
moneys, books, papers and personal property belonging to the office or
subject to the control or disposition of the county superintendent.
TEUSTEES OE SCHOOLS.
• § 19. Each congressional township is hereby established a township
for school purposes. When a fractional congressional township contains
fewer than two hundred persons under 21 years of age, the trustees of
schools, upon petition of a majority of the adult inhabitants of such
fractional township, may, by written agreement with the trustees of any
adjacent township, consolidate the territory, school funds and other
property of such fractional township with such adjacent township. Such
territory, school funds and other property, shall thereafter be managed
by the trustees of such adjacent and consolidated township in accord-
ance with the terms of such agreement, in the manner provided by law.
The agreement shall be signed by a majority of the trustees, of each
township, and filed for record in the office of the county clerk of the
county in which such consolidated township, or the greater part thereof,
is situated.
§ 20. The school business of the township shall be transacted by
three trustees, to be elected by the qualified voters of the township, as
hereinafter provided. Such trustees shall be a body politic and cor-
porate, by the name of "trustees of schools of township No ,.,
range No ," according to the number. Such corporation shall
have perpetual existence, with power to sue and be sued, and to plead
and be impleaded, in all courts and places where judicial proceedings
are had.
§ 21. No person shall be eligible to the office of trustee of schools
who is not a resident of the township, and at least twenty-one years of
age. In case there are three or more school districts in a township, no two
trustees shall reside, when elected, in the same school district, nor shall
a person be eligible to the office of trustee of schools and school director
at the same time.
§ 22. The election of trustees of schools shall be held, in townships
whose boundaries do not coincide with those of towns, on the second
Saturday of April, annually. In townships whose boundaries do coin-
cide with those of towns as established under the township organization
laws, the trustee or trustees shall be elected at the same time and in the
same manner as town officers. In townships in which no election for
school trustees has heretofore been held, or in townships in which from
SCHOOLS. 351
any cause there are no trustees of schools, or in case of a vacancy or
vacancies, the election of trustee or trustees of schools may be held on
any Saturday.
§ 23. Notice of the election of trustees shall be given by the town-
ship treasurer, upon the order of the trustees of schools, or., in case of
a first election, by the county clerk, by posting notices at least ten days
previous to the time of such election in not less than five of the most
public places in the township, which notices shall specify the time, place
and object of the election, and may be in the following form, to-wit:
NOTICE OF ELECTION.
Notice is hereby given that on Saturday, the day of April,
1. . . . an election will be held at. .for the purpose of elect-
ing. school trustee. . . .for township No. ...... Eange
No The polls will be opened at o'clock,. . .m., and closed
at. .<. . . .o'clock. . .m.
By order of the trustees of schools.
Township Treasurer.
§ 24. If the township treasurer shall fail or refuse to give notice of
the regular election of trustees, as required by the foregoing section,
and if in case of -a vacancy the remaining trustee or trustees shall fail or
refuse to order an election to fill such vacancy, it shall be the duty of
the county superintendent to order such election.
§ 25. If, upon the day appointed for the election of trustees of
schools, the trustees or judges shall be of the opinion that, on account
of the small attendance of voters, the public good requires it, or if a
majority of the voters present shall desire it, they shall postpone the elec-
tion until the next Saturday, at the same place and hour, at which time
and meeting the voters shall proceed as if it were not a postponed or
adjourned meeting: Provided, however, that if notice shall not have
been given of such election, as required by section 23 of this Act, the
election may be ordered and held on any Saturday, notice thereof being
given.
§ 26. The time and manner of opening, conducting and closing the
election, and the several liabilities appertaining to the judges, clerks
and voters, separately and collectively, and the manner of contesting
the election, shall be the same as prescribed by the general election laws
of this State defining the manner of electing magistrates and constables,
so far as applicable, subject to the provisions of this Act. ■
§ 27. The trustees of schools shall act as judges and choose a clerk
of the election. If the trustees, or any of them, shall fail to attend,
or refuse to act when present, or if from any cause there are no trustees
of schools, or not a sufficient number to act as judges, the qualified
voters present shall choose from among themselves the number of judges
required to open and conduct the election.
§ 28. In townships in which for general elections there are more
than two polling places, the trustees shall give notice that poll? will be
SCHOOLS.
opened for such elections in at least two places; in which case at least
one of the trustees shall be assigned to each place, so far as practicable,
and additional judges shall be chosen by the qualified voters present:
Provided, however, that there shall be at least one polling place for each
800 voters in the township.
§ 29. The judges shall return the ballots and original poll books,
with a certificate thereon showing the result of election in such pre-
cinct, to the treasurer of the township in which the election shall be held,
whereupon it shall be the duty of the trustees of schools, within five
days after the election, to meet and canvass the returns from each pre-
cinct, to make out a certificate showing the number of votes cast for
each person in each precinct, and in the whole township, and to file'
the certificate with the county superintendent of schools.
§ 30. Upon the election of trustees of schools, the judges of the elec-
tion shall, within ten days thereafter, cause a copy of the poll book of
the election to be delivered to the county superintendent of schools, with
a certificate thereon showing the election of trustees and the names of
the persons elected; which copy, with the certificate, shall be filed by
the county superintendent and shall be evidence of such election.
§ 31. At the first election of trustees in a newly organized township,
the trustees shall, at their first meeting, cast lots for their respective
terms of office for one, two and three years; and thereafter one trustee
shall be elected annually, at the usual time for electing a trustee of
schools, to fill the vacancy occurring. In case of a tie vote, the election.
shall be determined by lot, on the day of the election, by the judges.
§ 32. At the first regular election of trustees after the passage of
this Act, a successor to the trustee whose term of office then expires'
shall be elected, and thereafter one trustee shall be elected annually-
Such trustees shall continue in office three years. •
§ 33. Within ten days after the annual election, the trustees of
schools shall organize by appointing one of their number president, who
shall hold his office for one year. It shall be the duty of the president
to preside at all meetings of the board and to sign the proceedings there-
of when recorded. If the president be absent from any meeting, or re-
fuse to perform any of the duties of his office, a president pro tempore
may be appointed. The president may be removed by the trustees of
schools for good and sufficient cause.
§ 34. It shall be the duty of the trustees of schools to hold regular
semi-annual meetings on the first Mondays of April and October.
Special meetings may be called at any time by the president or by two
members. Two members shall constitute a quorum for the transaction
of business.
§ 35. At the regular semi-annual meetings on the first Mondays of
April and October, the trustees shall ascertain the amount of funds sub-
ject to distribution, and shall appropriate and distribute the same as
required by this section, and not otherwise. All valid claims shall be
paid before distribution, in manner following: First, the compensation
of the treasurer^; second, the cost of publishing the annual statement;
scpiools. 353
third, the cost of a record book, if any ; fourth, the cost of dividing school
lands and making plats. The balance shall be apportioned and dis-
tributed to the districts and parts of districts in the township, in which
schools have been kept as required by law during the preceding year end-
ing June 30th, according to the number of persons returned under 21
years of age. The funds so distributed shall be credited to the re-
spective districts and parts of districts.
§ 36. The trustees of schools of each township in this State shall
prepare, or cause to be prepared, by the township treasurer, the directors
of the several districts, or other person, and forward to the county super-
intendent of the county in which the township lies, on or before the
15th day of July, annually, and at such other times as may be required
by the county superintendent of schools, or by the Superintendent of
Public Instruction, a statement exhibiting the condition of the schools
in their respective townships for the preceding year, commencing on
July 1st and ending June 30th, which statement shall be in the form,
and shall contain the information required by the Superintendent of
Public Instruction. Any township from which such report is not re-
ceieved in the manner and time required by law, shall forfeit its portion
of the distributive fund for the next ensuing year.
'§ 37. In case a township is divided by a county line or lines, the
trustees of schools of such township shall make or cause to be made
separate enumerations of all statistics and other information required
by the Superintendent of Public Instruction, and report the same separ-
ately to the several county superintendents; and all parts of such statis-
tical information which cannot practicably be reported separately shall
be reported to the county superintendent of the county in which the six-
teenth section of such township is situated.
§ 38. At each semi-annual meeting, and at such other meetings as
they may think proper the trustees of schools shall examine all books,
notes, mortgages, securities, papers, moneys and effects of the corpora-
tion, and the accounts and vouchers of the township treasurer, or other
township school officer, and shall make such order for their security,
preservation, collection, correction of errors, if any, and for their proper
disposition, as may be necessary.
§ 39. The trustees of schools may receive any gift, grant, donation
or devise made for the use of any school or library, or for any other
school purpose within their jurisdiction. They shall be and are hereby
invested in their corporate capacity with the title of all school build-
ings and school sites. All conveyances of real estate made to the trus-
tees of schools, shall be made to them in their corporate name, and to
their successors in office.
§ 40. When a school site or building has become unnecessary or un-
suitable or inconvenient for a school, the trustees of schools, on petition
of a majority of the voters of the district, shall sell and convey the
same, after giving at least twenty days' notice of such sale by posting
written or printed notices thereof describing the property and the terms
of sale, which may be in the following form, to-wit:
—23 L
354 schools.
NOTICE OF SALE.
Notice is hereby given that on the day of . . . 1 . .
the trustees of schools of township No range No will sell
at public sale, on the premises hereinafter described, between 10 :00
o'clock a. m. and 3 :00 o'clock, p. m., the school house situated on the
school house site known as (here describe the site by its number, com-
monly known name, or other definite description) and located in the
(here describe its place in the section), which sale will be made on the
following terms, to-wit: (Here insert as "one-third of the purchase
money cash in hand, and the balance in two equal payments, due in one
and two years from day of sale, with interest at the rate of per
cent per annum from date").
A B
C D
E F
Trustees.
The deed of conveyance shall be executed by the president and clerk,
and the proceeds paid to the township treasurer for the benefit of the
district.
§ 41. The trustees of schools shall cause all moneys for the use of
the township and the districts to be paid to the township treasurer.
§ 42. The trustees of schools shall have power to purchase real es-
tate in satisfaction of any judgment or decree in any action wherein the
trustees or the county superintendent of schools are parties, if in their
opinion the interests of the township fund will be promoted thereby.
§ 43. The trustees of schools shall have power to make all settle-
ments with persons indebted to them in their official capacity; to receive
deeds to real estate in compromise ; and to cancel notes, bonds, mort-
gages, judgments and decrees for the benefit of the township; and their
action in the premises shall be valid and binding.
§ 44. The trustees of schools shall have power to lease or sell any
lands that may come into their possession in the manner described in
either of the two preceding sections. The sale shall be made in the
manner provided for the sale of the sixteenth section.
§ 45. The trustees of schools in newly organized townships shall
divide the township into school districts, to suit the wishes or conven-
ience of a majority of the inhabitants of the township, and shall pre-
pare or cause to be prepared a map of the township, on which the dis-
trict or districts shall be designated by their respective numbers.
§ 46. When such division into districts has been made, the trustees
of schools may, in their discretion, at the regular meeting in April,
change the boundaries of districts situated wholly within the township,
so as:
First — To divide a district into two or more districts when petitioned
by a majority of the legal voters of the district.
Second — To consolidate two or more districts into one district, when
petitioned by a majority of the legal voters of each district.
schools. 355
Third — To detach territory from one district and add the same to an
adjacent district, when petitioned by a majority of the legal voters of
each district; or, when petitioned by two-thirds of the legal voters re-
siding within the territory described in the petition, asking that such
territory be detached from one district and added to an adjacent dis-
trict.
Fourth — To create a new district from territory belonging to two or
more districts, when petitioned by a majority of the legal voters of each
district; or, when petitioned by two-thirds of the legal voters residing
within the territory described in the petition, containing not fewer than
ten families, asking that such territory be created into a new district.
Fifth — To create a new district by dividing the territory of an exist-
ing district, when petitioned by two-thirds of the legal voters residing
within the territory described in the petition, containing no fewer than
ten families, asking that such territory be created into a new district.
§ 47. Changes in the boundaries of districts which lie in separate
townships, and of districts formed of parts of two or more townships,
may be made at the regular meeting of trustees in April, by the concur-
rent action of the several boards of trustees in which the 'district or dis-
tricts lie, each board being petitioned as provided in the preceding sec-
tion of this Act.
§ 48. In school districts, whether operating under this Act or under
a special charter, the request for a change of boundary may be submitted
to the trustees by vote of the people, instead of by petition. The school
directors, when petitioned so to do by twenty-five legal voters of the
district, shall submit the question of the change desired to the voters
of the district, at a special election called for that purpose, and held at
least thirty days prior to the regular April meeting of trustees. If a
majority of the votes cast at such election shall be in favor of the change
proposed, then, due return of the election having been made to the
township treasurer, the trustees of schools shall consider and take action
the same as if petitioned therefor by a majority of the legal voters of
such district. Such question shall not be so submitted more than once
in any year.
§ 49. A majority of the legal voters of a district lying in two or
more townships may secure the dissolution of the district by petition-
ing the trustees of schools of the several townships, at their regular
meeting in April, to add the territory belonging to the district in their
township to one or more adjacent districts. Upon receipt of such peti-
tion, or the returns of the election, in districts containing one thousand
or more inhabitants, the trustees of schools of the several townships shall
make such disposition of the territory of the district that lies in their
township, and they shall jointly make such division of the property of
the district between or among the districts to which its territory is at-
tached, as provided in the case of the organization of a new district from
a part of another district.
§ 50. If any school district shall, for two consecutive years, fail to
maintain a public school as required by law, it shall be the duty of the
"356 schools.
trustees of schools of the township, or townships, in which such district
lies, to attach the territory of such district to one or more adjoining dis-
tricts; and in case the territory is added to two or more districts, to
divide the property of the district among the districts to which its terri-
tory is added, in the manner provided for the division of property in
case of the organization of a new district from a part of another district.
§ 51. Any city, township or district in which schools are now man-
aged under any special Act, may, by vote of its electors, cease to control
its schools under such special Act, and become part of the school town-
ship or townships in which it is situated. Upon petition of 50 voters
of such city, township or district, presented to the board having the
control and management of the public schools, it shall be the duty of
such board to cause to be submitted to the voters at the next ensuing-
election to be held in such city, township or district, the question of
"organizing under the general school law/' Notice shall be given by
posting notices in the five most public places in such city, township or
district, at least 15 days before the date of holding such election, which
notices shall be in the following form, to-wit :
NOTICE OF ELECTION.
Notice is hereby given, that on the day of 1 . .
an election will be held at for the purpose of de-
ciding the question of organizing under the general school law. The
polls will be opened at o'clock . . .m., and closed at. ... . .o'clock
. . .m.
( Signed)
If it shall appear upon a canvass of the returns that a majority of the
votes cast at such election are in favor of organizing under the general
school law, then the board having the control and management of schools
in such city, township or district, shall give notice of an election to be
held on any Saturday thereafter according to the provisions of this Act,
for the purpose of electing a board of directors or board of education,
as the case may require, but all subsequent elections shall be held on the
third Saturday of April annually.
§ 52. No petition shall be acted upon by the trustees of schools un-
less such petition shall have been filed with the clerk at least twenty
days before the regular meeting in April, nor unless a copy of the peti-
tion, with a notice in writing signed by one or more of the petitioners,
shall be delivered by the petitioners, or one of them, at least ten days
before the day on which the petition is to be considered, to the president
or clerk of the school directors of each district whose boundaries will
be changed if the petition is granted. Such notice may be in the fol-
lowing form, to-wit :
schools. 357
NOTICE OF PETITION.
The directors in district No in .county,
will .take notice that the undersigned and others have made and filed
"with the trustees of schools their petition, a copy of which is herewith
handed to you.
(Signed)
§ 53. When a petition shall come before the trustees of schools ask-
ing for a change in the boundaries of districts, it shall be the duty of
the trustees to ascertain whether "the foregoing provisions have been
strictly complied with. If it shall appear that they, or either of them,
have not been complied with, the board shall adjourn for not longer
than four weeks, in order that the foregoing provisions may be complied
with. There shall be but one adjournment for such purpose.
§ 54. If it shall appear on the day of the regular meeting, or in
•case of adjournment at the adjourned meeting, that such provisions have
been complied with, the trustees shall consider the petition, hear any
legal voters of the district or districts affected by the proposed change
who may appear to oppose the petition, and shall grant or refuse the
prayer of the petitioners without unreasonable delay. After the trus-
tees of schools have considered the petition, no objection shall be raised
as to its form, and their action shall be prima facie evidence that all
requirements have been complied with.
§ 55. The petitioners, or the legal voters who appear to oppose the
change of boundaries, shall have the right of appeal to the county super-
intendent of schools. The appellant shall file with the clerk of the
"trustees a written notice of appeal within ten days after final action by
the trustees, which notice may be in the following form, to-wit :
NOTICE OF APPEAL.
To the trustees of schools of township ISTo range ISTo of
county, Illinois :
You are hereby notified that the undersigned will appeal from your
■decision made on the. . . . i day of , 1. . . .
granting (or refusing )the prayer of the petition in regard to (here give
substance of the petition concerned) to the county superintendent of
■schools of county, Illinois, as provided by law.
(Signed)
§ 56. When an appeal is so taken the clerk shall transmit, within
five days after the notice of appeal has been filed, all papers in the case,
with a transcript of the records of the trustees showing their action
thereon, to the county superintendent of schools. The clerk shall take
no further action in the matter, except upon the order of the county
superintendent, who shall investigate the case, make such change or
changes, or refuse to make them, reversing if need be the action of the
trustees, and give the clerk immediate notice of his decision; and his
action shall be final and binding. If the changes asked by the petitioners
be made by the county superintendent, he shall notify, in writing, the
358 schools.
clerk by whom the papers in the case were transmitted to him, of his
action, and the clerk shall thereupon make a record of the same, and
shall, within ten days thereafter, make a copy of the same, and a map
of the township showing the districts, and an accurate list of the tax-
payers of the newly arranged districts, and deliver them to the county
clerk for filing and record by him, the same as if the changes had been
ordered by the trustees.
§ 57. In all cases in which the district affected by a proposed change
of boundaries is divided by a counjty line or lines, the appeal may be
taken to the county superintendent of schools of any one of the counties
in which the district is partly located; and upon appeal being taken in
any such case, the county superintendent of schools to whom such ap-
peal is taken, shall forthwith give notice to the county superintendent
or superintendents of schools of the other county or counties of the
pendency of such appeal, and of the time and place when and where it
shall be heard; and the county superintendents of schools of the counties
in which the district is located shall meet at such time and place, and
together hear and determine the appeal. In case the county superin-
tendents shall be unable to arrive at an agreement, the county judge
of the county in which such appeal is pending shall become a member
of the board of appeal, by which the appeal shall thereupon be heard
and determined. The county superintendent of schools to whom such
ajDpeal is taken shall at once notify, in writing, the clerk by whom the
papers in the case were transmitted to him, of the action taken on such
appeal, as hereinafter provided.
§ 58. When a change in boundaries is made by the trustees of
schools, and no appeal is taken, the clerk shall make and file with the
county clerk for record, within twenty days of the action of. the trustees,
a copy of the record of such action, certified by the president and the
clerk, together with a map of the township showing the districts, and a
list of the tax payers of the newly organized districts.
§ 59. In case any territory shall be set off from a district that has a
bonded debt, the change not being petitioned for by a majority of the
legal voters of the district, such original district shall remain liable for
the payment of such bonded debt, as if not divided. The directors of the
original district, and the directors of the district into which the territory
taken from such original district has been incorporated, shall consti-
tute a joint board for the purpose of determining and certifying, and
they shall determine and certify, to the county clerk the amount of tax
required yearly for the purpose of paying the interest and principal
of such bonded debt, which tax shall be extended by the county clerk
against all property embraced within the original district as if it had not
been divided.
§ 60. When the trustees of schools shall organize a new district, it
shall be the duty of the clerk of the trustees of schools, if no appeal is
taken, to order, within 15 days after the action of the trustees, an elec-
tion, to be held at a convenient time and place within the boundaries
of such newly organized district, for three school directors, notice being
schools. 359
given by the township treasurer, who shall post notices of such election
in at least three prominent places in the district, at least ten clays prior
to the time appointed for holding such election, which notices shall
specify the place where such election is to be held, the time for opening
'and closing the polls, and the object of the election, and may be in the
following form, to-wit':
NOTICE OF ELECTION.
Notice is hereby given that on the day of .... :
1 an election will be held at , for the pur-
pose of electing three school directors for the new district known as,
district No. in county, Illinois.
The polls will be opened at o'clock . . . .m., and closed at. . . .
o'clock . .;. .m.
By order of the trustees of schools.
(Signed)
Township Treasurer.
§ 61. At the time appointed for opening the polls for such election,
the qualified voters present, five of whom shall constitute a quorum, shall
appoint two of their number to act as judges and one as clerk. The elec-
tion, in all other respects, shall be conducted as other elections of school
directors.
§ 62. Within ten days after the election the directors shall meet at a
convenient time and place previously agreed upon by them, and organize
by appointing one of their number president and another of their number
clerk. At this meeting of the directors they shall cast lots for their terms
of office for one, two and three years, respectively.
§ 63. In case a new district is organized by the action of the county
superintendent, the clerk of the trustees of schools shall, within five days
after he has received notice of the action of the county superintendent on
the appeal, order an election of directors in the new district the same
as if the change had been made by the trustees, and such election shall be
held in the same manner as the election provided for when the trustees
have formed a new district.
§ 64. When a new district has been formed by the trustees, or by the
county superintendent or county superintendents, from a part of a dis-
trict or parts of two or more districts, the trustees of the township or
townships concerned shall make forthwith a distribution of tax funds,
or other funds in the hands of the treasurer, or to which the district
may at the time of such division be entitled, so that the old and new
districts shall receive parts of such funds in proportion to the amount
of taxes collected next preceding such division from the taxable prop-
erty in the territory composing the several districts. If the new dis-
tricts be composed of parts of two or more districts, the trustees shall
make distribution of such funds between the new district and the old
districts respectively, so that the new district shall receive a distribution
of the funds of each of the old districts in the proportion which the
amount of taxes collected from the property in the territory of the new
360 SCHOOLS.
'district bears to the whole taxes collected next before the division in the
old district; and the township treasurer shall forthwith place the sum
so distributed to the credit of the respective districts, and shall immedi-
ately place the proportion of the funds to which the new district may be
entitled to its credit on his books, and the funds on hand shall be sub-'
ject at once to the order of the directors of the new district, and those
not on hand, as soon as collected.
§ 65. When a new district is created or within thirty days there-
after, the trustees of the township or townships concerned shall appoint
three appraisers, who shall not be residents of the township or town-
ships interested. It shall be the duty of such appraisers, within thirty
days after their appointment, to appraise the school property, real and
personal, of the district or districts interested, at their fair cash value.
Within thirty days after such appraisement, the trustees of the township
or townships concerned shall charge the property to the district in which
it may be found, and credit the other districts interested with its pro-
portion of such valuation: Provided, however, that the bona fide debts
of the old district shall first be deducted and the balance charged and
credited as aforesaid; and the trustees shall direct the treasurer to place
to the credit of the district not retaining such property, its proportion
of the value thereof, and of the funds then on hand, or subsequently to
accrue, belonging to the district to which such property is charged.
§ 66. The trustees of schools, elected as provided by this Act, shall
be the successors to the trustees of schools elected in townships under
the provisions of "An Act to establish and maintain a system of free
schools," approved May 21, 1889. All rights of property, and rights
and causes of action existing or vested in the trustees of schools elected
as aforesaid, for the use of the inhabitants of the township, or any part
of them, shall vest in the trustees of. schools elected under this Act, as
successors, in as complete a manner as was vested in the trustees of
schools elected as aforesaid.
TOWNSHIP TREASURER.
§ 67. Within ten days after the annual election of trustees of schools
in 1910, and biennially thereafter, the trustees of schools shall elect a
treasurer who shall be ex officio clerk of the board, and shall hold his
office for two years. The treasurer shall be a resident of the township,
but not a trustee or director. It shall be his duty to attend all meetings
and keep a record of the official proceedings of the trustees of schools.
Such record shall be open to the inspection of any person interested.
All proceedings, when recorded, shall be signed by the president and the
clerk. If the clerk shall be absent, or refuse to perform any of the duties
of his office, a clerk pro tempore may be appointed. For good and suffi-
cient cause the treasurer may be removed from office by the trustees of
schools. In case of a vacancy the trustees of schools shall elect a treas-
urer for the unexpired term.
§ 68. Before entering upon his duties, the township treasurer shall
execute a bond with two or more free holders who shall not be trustees
SCHOOLS. 361
as securities, payable to the trustees of schools and conditioned upon
the faithful discharge of his duties. The penalty of such bond shall be
at least twice the amount of all bonds, notes, mortgages, moneys and
effects of which he is to have the custody, and shall be increased from
time to time, as the increase of the amount of notes, bonds, mortgages
and effects may require, and whenever in the judgment of the trustees
or county superintendent the security is insufficient. Such bond shall
be approved by at least a majority of the trustees, be delivered by one
of them to the county superintendent of schools, and shall be in the
following form, to-wit :
State of Illinois, ]
[ss.
County. J
Know ad men oy these presents: That we, A B, C D and E F, are
held and firmly bound, jointly and severally, unto the board of trustees
of township.' range. ..... in said county, in the
penal sum of.. dollars, for the payment of which we
bind ourselves, our heirs, executors and administrators firmly by these
presents.
In witness whereof we have hereunto set our hands and seals this. ....
day of 1 . . . The condition of this obligation is such
that if A B, treasurer of township range.
in the county aforesaid, shall faithfully discharge the duties of his office,
according to law, and shall deliver to his successor in office, after such
successor shall have qualified by giving bond as provided by law, all
moneys, books, papers, securities and property which shall come into
his hands, or control, as such township treasurer, from the date of his
bond up to the time that his successor shall have qualified as township
treasurer, by giving such bond as shall be required by law, then this
obligation to be void; otherwise to remain in full force and virtue.
A B (Seal)
C D (Seal)
E F (Seal)
Approved and accepted by:
G. H.,
I. J.,
K. L.,
Trustees.
§ 69. The township treasurer shall receive in full, for his services,
a compensation to be fixed, prior to his election, by the trustees of
schools.
§ 70. The township treasurer shall be provided by the trustees of
schools with a cash book, a loan book, a district account book and a
journal. In the cash book he shall enter in separate accounts all moneys
received and moneys paid out, with the amount, date, from whom, to
whom and on what account received or paid out, or if loaned, the date,
to whom, and the amount. Monevs received shall be charged to debit
362 schools.
account, and moneys paid out shall be credited as follows : First, to the
principal of the township fund; second, to the interest of the township
lund; third, to the common school fund and other funds; fourth, to the
taxes received from the county or town collector, and for what districts
received; fifth, donations; sixth, moneys coming from all other sources;
in all cases entering the date when received, and when paid out.
In the loan book he shall enter a record of all school funds loaned,
with the amount, to whom, date, time, when due, and the rate of in-
terest, the interest paid, and a description of the securities.
In the district account book he shall post from the cash book all re-
ceipts and expenditures on account of any district, with the amount,
date, from or to whom, and from what sources and for what purposes.
In the journal he shall record at length the acts and proceedings of
the trustees of schools, their orders, by-laws and resolutions.
The township treasurer shall arrange and keep his accounts in such
manner as may be directed by the Superintendent of Public Instruction,
the county superintendent of schools or the trustees of schools ; and they
shall be subject at all times to the inspection of the trustees, the direc-
tors or other persons authorized by this Act or of any committee ap-
pointed by the voters of the township at the annual election of trustees
to examine the same.
§ 71. The township treasurer shall be the only lawful depositary
and custodian of all township and district school funds, and shall de-
mand, receipt for and safely keep, according to law, all bonds, mort-
gages, notes, moneys, effects, books and papers of every description be-
longing to his township.
§ 72. The township treasurer shall keep the principal of the town-
ship fund loaned at interest. The rate of interest, which shall not be
less than four per cent, nor more than seven per cent, per annum, pay-
able annually, shall be determined by a majority of the trustees of
schools at any regular or special meeting. No loan shall be made for less
than one year nor more than five years. All loans shall be secured by
mortgage or unincumbered realty situated in this State, worth at least
fifty per cent more than the amount loaned, with a condition that in
case additional security shall be required at any time it shall be given
to the satisfaction of the trustees of schools. In estimating the value
of realty mortgaged to secure the payment of money loaned, the value
of improvements liable to be destroyed may be included; but in such
case the improvements shall be insured for their insurable value in a re-
sponsible insurance company or companies, and the policy or policies
shall be transferred to the trustees of schools as additional security, and
shall be kept so insured until the loan is paid. Nothing herein shall
prevent the township treasurer from investing the principal of the
township fund in bonds issued by the State, the Sanitary District of
Chicago, counties, townships and cities in this State, and bonds issued
by school directors pursuant to section 195 of this Act. When school
funds are held by the treasurer of a district created by any special Act,
STich funds shall be invested according to the provisions of this section.
schools. 363
• § 73. Mortgages to secure the payment of money loaned under the
provisions of this Act may be in the following form, to-wit:
I, A B, of the county of State of .. . . .do hereby
grant, convey and transfer to the trustees of schools of township No. ... .
range No. ....... in the county of and State of Illinois, for
the use of the inhabitants of said township, the following described real
estate, to-wit: (Here insert premises), which real estate I declare to
be in mortgage for the payment of . dollars loaned to me
and for the payment of all interest that may accrue thereon, to be com-
puted at the rate of per cent per annum until paid. And
I do hereby covenant to pay the above sum of money in years
from the date hereof, and to pay the interest on the same annually, at
the rate aforesaid. I further covenant that I have a good and valid
title to said estate, and that the same is free from all incumbrance, and
that I will pay all taxes and assessments which may be levied on said
estate, and that I will give any additional security that may at any time
be required in writing by the board of trustees; and if said estate be
sold to pay said debt or any part thereof, or for any failure or refusal
to comply with or perform the conditions or covenants herein contained,
I will deliver immediate possession of the premises. And it is further
agreed by and between the parties, in case a bill is filed in any court to
foreclose this mortgage for non-payment of either principal or interest,
that the mortgagor will pay a reasonable solicitor's fee, and the same
shall be included in the decree and be taxed as costs; and we, A B, and
C, wife of A B, hereby release all right to the said premises which we
may have by virtue of any homestead laws of this State, and in con-
sideration of the premises, C, wife of A B, doth hereby release to said
board all her right and title of dower in the aforegranted premises for
the purpose aforesaid.
In testimony whereof, we have hereunto set our hands and seals this
day of 1. . . .
A B (Seal)
C D (Seal)
Which mortgage shall be acknowledged and recorded as is required by
law for other conveyances of real estate; the mortgagor paying the ex-
pense?, of acknowledgment and recording.
§ 74. If default be made in the interest due upon money loaned by
any township treasurer, or in the payment of the principal, interest
at the rate of twelve per cent per annum shall be charged upon the prin-
cipal and interest from the day of default, which interest shall be in-
cluded in the assessment of damages, or in the judgment in the suit
or action brought upon the obligation to enforce payment thereof, and
interest at the rate of twelve per cent per annum may be recovered in an
action brought to recover interest only. The township treasurer is here-
by empowered to bring appropriate actions in the name of the trustees
for the recovery of the interest, when due and unpaid, without suing for
the principal, in whatever form secured.
364 schools.
§ 75. In all cases in which the trustees of schools shall require ad-
ditional security for the payment of money loaned, and such security
shall not be given, the. township treasurer shall cause suit to be insti-
tuted for the recovery of the principal and accrued interest to the date of
judgment. Proof shall be made of such requisition.
§ 76. Bonds, mortgages, notes and other securities taken for money
or other property due, or to become due, to the trustees of schools for
the township, shall be made payable to them in their coroorate name;
and in such name, suits, actions and complaints, and every description
of legal proceedings may be had for the recovery of money, breach of
contracts and for every legal liability which may at any time arise or
exist, or upon which a right of action shall accrue to the use of -such
corporation.
§ 77. On or before the 30th day of June, annually, the township
treasurer shall deliver to the county superintendent of schools, a state-
ment, verified by his affidavit, showing the exact condition of the town-
ship funds. Such statement shall contain a description of all bonds,
mortgages, notes and other securities, held as principal of the township
fund, giving names, dates, amounts, rates of interest, when due, and
other data necessary to a full understanding of the condition of the
funds.
§ 78. On the first Mondays in April and October of each year, the
township treasurer shall submit to the trustees of schools a statement
showing the amounts of interest, rents, issues and profits on township
lands and funds, that have accrued since their last regular meeting,
and also the amount of distributive funds on hand. He shall submit
also to the trustees for their examination all books, mortgages, bonds,
notes and other evidences of indebtedness held by him as treasurer of the
township, and shall make such other statements touching the duties of
his office as the trustees may require.
§ 79. The township treasurer shall present to the trustees of schools
at their meeting following the annual election, a complete exhibit of the
fiscal affairs of the township, and of the several districts or parts of dis-
tricts in the township, showing the receipts of money,, the sources from
which they have been derived, the deficit and delinquencies, if there be
any, and the cause of them, and also a classified statement of moneys paid
out, and the amount of obligations remaining unpaid.
§ 80. The township treasurer shall, within two days after the first
Monday of April, and on July 15, annually, prepare for each district or
part of district in the township a statement or exhibit of the exact con-
dition of the account of such district or part of district, as shown by
his books on April'l and June 30 of each year. Such statement or ex-
hibit shall show the balance on hand at the time of making the la«t ex-
hibit, the amount since received, when and from what sources; and also
the amount paid out during that time, to whom paid, and for what pur-
pose, and the statement shall be balanced, and the balance shown. It shall
be the duty of the treasurer to comply with any lawful demand the
schools. 365
trustees may make as to the verification of any balance reported by the
treasurer to be on hand. The exhibit shall be subscribed and sworn to
by the treasurer before any officer authorized to administer an oath,
and shall be without delay, delivered or transmitted by mail to the clerk
of the proper district.
§ 81. The township treasurer shall pay out no funds of any school
district except upon an order of the board of directors, signed by the
president and clerk, or by a majority of the board. When an order
issued for the wages of a teacher is presented to the treasurer and is not
paid for want of funds, the treasurer shall endorse it over his signature,
"not paid for want of funds," with the date of presentation, and shall
make and keep a record of such endorsement. Such order shall there-
after draw interest at the legal rate until paid, or until the treasurer
shall notify the clerk in writing that he has funds to pay such order,
and the treasurer shall make and keep a record of such notices, and hold
the funds necessary to pay such order until it is presented. Such order
shall draw no interest after notice is given to the clerk.
§ 82. It shall also be the duty of the township treasurer:
First — To return to the county clerk, on or before the second Monday
of August in each year, the certificate of tax levy made by each board of
school directors in his township.
Second — To pay all lawful orders issued by the directors of any dis-
trict in his township.
Third — To collect from the township and county collectors the full
amount of taxes levied by the directors in his township.
Fourth — To examine the official records of each district in the town-
ship on the first Mondays in April and October of each year.
Fifth — To keep a correct account between districts when pupils are
tranferred from one district to another.
Sixth — To give notice of the election of trustees, and in case of the
formation of a new school district, of the election of school directors.
Seventh- — To give notice of any regular or special district election
when the directors fail or refuse to do so.
Eighth — To publish in some newspaper of his county an annual state-
ment of the finances of the township.
Ninth — To file all poll-books and returns of election delivered to him
under the provisions of this Act.
§ 83. When a district is composed of parts of two or more town-
ships, any treasurer not authorized to receive the taxes of such district
shall notify the directors of the amount of funds held by him to the
credit of such district, and the directors shall thereupon give the proper
treasurer an order for such funds.
§ 84. The township treasurer, at the expiration of his term of
office, or upon his removal or resignation, or in case of his death his
representatives shall deliver to his successor all moneys, books, mort-
gages, notes and securities, and all papers and documents of every de-
scription in which the corporation has any lawful interest.
366 schools.
TOWNSHIP HIGH SCHOOLS.
§ 85. Upon petition of fifty or more legal voters of any school town-
ship^ filed with the treasurer at least fifteen days preceding the regular
election of trustees, it shall be the duty of the treasurer to give notice
of an election to be held at the next regular election of trustees for the
purpose of voting "for" or "against" the proposition to establish a town-
ship high school. Notices of such election shall be posted in at least
ten of the most public places throughout the township, for at least ten
days before the day of such regular election, and. may be in the follow-,
ing form :
NOTICE OF ELECTION.
Notice is hereby given that on Saturday, the. .,. . . .day of April, 1. . .
an election will be held at for the purpose of voting
"for" or "against" the proposition to establish a township high school
for the benefit of township number . . . range number
The polls will be opened at o'clock. . .m. and closed at
o'clock. . .m.
A B
Township Treasurer.
The ballots of such election shall be canvassed as in other elections,
and may, have thereon the name of the person of persons whom the
voter desires for trustee or trustees of schools.
§ 86. If a majority of the votes cast shall be in favor of establish-
ing a township high school, it shall be the duty of the trustees of schools
to call a special election on any Saturday within sixty days, for the pur-
pose of electing a township high school board of education, to consist
of five members, notice of which election shall be given for the same
time and in the same manner as provided in the election of trustees of
schools. The members elected shall determine by lot, at their first meet-
ing, the length of term each is to serve. Two of the members shall serve
for one year, two for two years, and one for three years from the second
Saturday of April next preceding their election. At the expiration of
the term of office of any member or members, a successor or successors
shall be elected, each of whom shall serve for three years, which sub-
sequent election shall be held on the same day and in the same manner
as the election of trustees of schools. In case of a vacanc}^, the board
shall call an election without delay, to be held on any Saturday. Within
ten days after their election the members of the township high school
board of education shall meet and organize by electing one of their
number president, and by electing a secretary. It shall be the duty
of such high school board of education to establish, at some central
point most convenient to a majority of the pupils of the township, a
high school for the education of the more advanced pupils.
§ 87. Two or more adjoining townships, or two or more adjoining
school districts, whether in the same or different townships, may, upon
petition of at least fifty legal voters in each of the townships or school
SCHOOLS. 367
districts, or if a school district contains fewer than 150 voters, then
by at least one-third of the legal voters of such district, and npon an
affirmative vote in each of such townships or districts, at an election held
pursuant to the provisions of section 85 of this Act, establish and main-
tain in the manner provided for township high schools, a high school
for the benefit of the inhabitants of the territory described in such
petition.
§ 88. The inhabitants of any territory composed of parts of adjoin-
ing townships, who are now maintaining a high school and who have
elected a board of education, may create such territory into a high school
district by a petition signed by fifty legal voters of such district and
an affirmative vote in such district, and may elect a board of education
therefor, as in other high school districts. When part of a township
has been included in a high school district pursuant to any of the pro-
visions of this Act, the remainder of such township not included in
any high school district, shall constitute a township for high school
purposes.
§ 89. Any school district having a population of two thousand
(2,000) inhabitants or more may, in the manner herein provided for
establishing and maintaining a township high school, establish and
maintain a high school for the benefit of the inhabitants of such school
district, and elect a board of education therefor with the same powers
conferred on township high school boards of education. The territory
of such district when so organized for high school purposes shall con-
stitute a high school district for high school purposes distinct and sep-
arate from the common school district having the same boundaries, and
the high school board of education of such high school district shall have
the same power to levy taxes and establish and maintain high schools
as township high school boards of education organized under this Act
possess, and such taxes shall be in addition to the taxes authorized to
be levied by section 189 of this Act. All school districts which have
heretofore organized under this section, elected a high school board of
education, and are maintaining a high school, shall be regarded as high
school districts distinct and separate from the common school district
having the same boundaries, and the high school board of education of
such high school district shall have the same power of taxation as town-
ship high school boards of education organized under this Act.
A township or part of a township in which there is no township high
school may be annexed to an adjacent high school district organized
under this section in the same manner as near as may be as is provided
in sections 94, 95 and 96 of this Act for the annexation of territory
to a township in which a high school has been established.
§ 90. When any city in this State having a population of not less
than one thousand and not exceeding one hundred thousand inhabitants,
lies within two or more townships, that township in which a majority
of the inhabitants of the city reside shall, with the city, constitute under
this Act a school township for high school purposes.
!68 SCHOOLS.
§ 91. For the purpose of building school houses, supporting the school
and paying other necessary expenses, the territory for the benefit of
which a high school is established under any of the provisions of this
Act, shall be regarded as a school district, and the board of education
thereof shall, in all respects, have the power and discharge the duties of
school directors, for such district.
§ 92. When any district desires to discontinue the high school, the
treasurer, upon petition of a majority of the legal voters of the district
filed at least fifteen days preceding the regular election of trustees of
schools with the treasurer of such district, shall give notice of an elec-
tion to be held on the day of the regular election of trustees, for the
purpose of voting "for" or "against" the proposition to discontinue the
township high school, which notice shall be given in the same manner
and for the same length of time, and in substantially the same form, as
the notice provided for in section 85 of this Act. The ballots for such
election shall be canvassed in the manner provided for in section 85
of this Act. If a majority of the votes cast at such election shall be in
favor of discontinuing the high school, the trustees of schools shall
surrender the assets pi the high school to the district fund of the town-
ship or townships interested in proportion of the assessed valuation
of the townships or parts of townships comprising such district.
§ 93. When any township in any county under township organiza-
tion shall contain two political towns divided by a navigable stream as
recognized by the United States, each of which shall contain a city of
not less than one thousand nor more than one hundred thousand inhabi-
tants, each town shall constitute a township under this Act for high
school purposes.
§ 94. A township or part of a township in which there is no town-
ship high school may be annexed, in the manner hereinafter provided,
to an adjacent township in which a township high school has been estab-
lished. Upon petition of five per cent of the legal voters of the territory
to be annexed, and of the township to which annexation is desired, filed
with the treasurers of the respective townships at least fifteen days pre-
ceding the regular election of trustees of schools, the respective treas-
urers shall give notice to the voters concerned that an election for or
against annexing the township or part of a township, as the case may
be, will be held at the next regular election of trustees of schools in each
township, by posting notices of such election in at least ten of t/he most
public places in the territory to be annexed, and in the adjacent town-
ship, at least ten days before the date of such regular election. Such
notice may be in the following form, to-wit:
HIGH SCHOOL ANNEXATION.
Notice is hereby given that on Saturday, the day of April, 1. . .
an election will be held at for the purpose of voting
"for" or "against" the proposition to annex for township high school
purposes the following territory, to-wit: (Here insert the number and
schools. 369
range of the township when the whole of the township is to be annexed,
or when part of a township is to be annexed insert the said part of said
township), to township number , range number (Town-
ship having an established high school).
The polls will be opened at. ... . .o'clock m., and closed at
o'clock m.
A B
Treasurer.
When less than the whole of a township is to be annexed, only the
voters in the territory to be annexed shall have the right to vote, and
the trustees of schools shall provide a voting place for that territory and
the judges and clerks of such election.
§ 95. If petitions request the township treasurers, respectively, to
submit said question at a special election, it shall be the duty of the
township treasurers to call the respective elections, as provided in the
foregoing sections, for some day and hour not exceeding thirty days
from the date of the filing of the petition ; and to give at least ten days'
notice of the election, in which event the polls of the election shall be
open in at least two polling places and for at least four consecutive
hours, and the polling places in the respective townships shall be desig-
nated and fixed by the treasurers respectively.
If a majority of the votes cast in the township having an established
high school, and a majority of the votes cast in the territory to be an-
nexed shall be in favor of the proposition, the township or territory, as
the case may be, shall be and become so annexed, and the property in such
township or territory shall thereafter be subject to taxation for the sup-
port and maintenance of the township high school, including the payment
of any bonded indebtedness of such township high school, and interest
thereon, thereafter falling clue, as fully and to the same extent as is pro-
vided by law for the levying of taxes upon property, for the support and
maintenance of township high schools. The taxes collected from such
township or territory annexed for the support and maintenance of a
township high, school shall be paid by the officer collecting the same to
the township treasurer of the township having the established high school.
§ 96. Such election shall be held in the manner provided by law for
the holding of elections for township trustees of schools, and the ballots
of such election shall be canvassed, and the returns thereof made as in
other school elections. If a majority of the votes cast shall be in favor
of the proposition, it shall be the duty of the township treasurer of the
township which is annexed, or part thereof, as the case may be, to file ;i
certificate with the county clerk of the county in which such township is
located, or if such township is situated in more than one county, with the
respective, clerks of such counties, certifying to the territory so annexed
and giving a description thereof.
§ 97. Upon the petition of not less than fifty voters of any high
school district, filed with the township treasurer at least fifteen days pre-
ceding the regular election of members of the board of education for such
high school district, it shall be the duty of the treasurer to notify the
—24 L
370 SCHOOLS.
voters of such district that an election "for" or "against" the establish-
ment of a manual training department for such high school will be held
at the next annual election of the board of education by posting notices
of such election in at least ten of the most public places throughout the
township for at least ten days before the day of such regular election,
which notice may be in the following form, to-wit :
HIGH SCHOOL ELECTION.
Notice is hereby given that on Saturday, the day of April, 1 . . .
an election will be held at for the purpose of
voting "for" or "against" the proposition to establish a manual training
dejoartment for the high school in township ISTo , range ISTo
The polls will be opened at o'clock m., and closed at
o'clock m.
Township Treasurer.
The ballots for such election shall be canvassed as in other elections,
and may have on them the names of the persons voted for at- such elec-
tion. If a majority of the votes cast shall be in favor of establishing
a manual training department for the high school in such district, it
shall be the duty of the board of education to establish and maintain
therein such department as a part of the high school.
COUNTY NORMAL SCHOOLS.
§ 98. In each county adopting township organization, the board of
supervisors, and in other counties the county court, may establish a
county normal school for the purpose of fitting teachers for the com-
mon schools. They shall be authorized to levy taxes and appropriate
moneys for the support of said schools, and also for the purchase of nec-
essary grounds and buildings, furniture, apparatus, etc., and to hold
and acquire, by gift or purchase, either from individuals or corporations,
any real estate buildings or other property, for the use of said schools,
said taxes to be levied and collected as all other county taxes : Provided,
however, that in counties not under township organization, county
courts shall not be authorized to proceed under the provisions of this
Act until the subject shall have been submitted to a vote of the People,
at a general election, and it shall appear that a majority of all the votes
cast on the subject, at said election, shall be in favor of the establish-
ment of a county normal school. The ballots used in voting on this
subject may read : "For a county normal school" or "against a county
normal school."
§ 99. The management and control of said school shall be in a
county board of education, consisting of not less than five nor more
than eight persons, of which board the chairman of the board of super-
visors, or the judge of the county court, as the case may be, and the
county superintendent of schools, shall be ex officio members. The
other members shall be chosen by the board of supervisors or county
SCHOOLS. 371
court, and shall hold their offices for a term of three years. But at the
first election one-third shall be chosen for one year, one-third for two
years, and one-third for three years, and thereafter one-third shall be
elected annually. Said elections shall be held at the annual meeting
of the board of supervisors in September, or at the September term of
the county court, as the case may be.
§ 100. Said board of education shall have power to hire teachers,
and to make and enforce all needful rules and regulations for the man-
agement of said schools. A majority of the board shall constitute a
quorum for the transaction of business, and a meeting of the board may
be called at any time by the president or secretary, or by any three of
the members thereof.. Said board shall proceed to organize within
twenty days after their appointment, by electing a president, who shall
hold his office for one year. The county superintendent shall be ex
officio secretary of the board. Said board shall make to the board of
supervisors at their annual meeting in September, or to the county
court at the September term, as the case may be, a full report of the
condition and expenditures of said county normal school, together with
an estimate of the expenses of said school for the ensuing year.
§ 101. Two or more counties may unite in establishing a normal
school, in which case 'the per cent of tax levied for the support of said-
school shall be the same in each county.
§ 102. In all counties that have already established normal schools,
the action of the board of supervisors in so doing, and all appropria-
tions made by them for their support, are hereby legalized, and said
board of supervisors are hereby authorized and empowered to make
further appropriations for the support of such school already established,
until such schools have been established under the previous sections of
this Act.
SCHOOL DIRECTORS.
§ 103. In all school districts having a population of fewer than
one thousand inhabitants, and not governed by any special Act, there
shall be elected a board of directors to consist of three members.
§ 104. The directors of each district shall be a body politic and cor-
porate, by the name of "school directors of district No. ... ... . county
of . and State of Illinois," and by that name may sue
and be sued in all courts and places where judicial proceedings are had.
§ 105. Any person not a treasurer, or a trustee of schools, who has
attained to the age of 21 years, who is a resident of the school district
and able to read and write the English language, shall be eligible to the
office of school director.
§ 106. The annual election of school directors shall be on the third
Saturday of April. At the first regular election of directors after the
passage of this Act, a successor to the director whose term of office then
expires shall be elected, and thereafter one director shall be elected in
each district, annually, who shall hold his office for three years. When
372 schools.
vacancies occur by removal from the district or otherwise, the remain-
ing director or directors shall, without delay, order an election to fill
such vacancies, which election shall be held on Saturday.
§ 107. Notice of all elections in organized districts shall be given
by the directors at least ten da}?s previous to the day of election. Such
notice shall be posted in at least three of the most public places in the
district, shall specify the place where such election is to be held, the
time of opening and closing the polls, and the question or questions to
be submitted, and may be in the following form, to-wit:
NOTICE OF ELECTION".
Notice is hereby given, that on Saturday, the day of April, 1 . . .
an election will be held at for the purpose of elect-
ing school director for district No
in county.
The polls will be opened at o'clock m., and closed at
o'clock m.
Dated this day of 1 . . . .
A B President.
C D '. Clerk.
Should the directors fail or refuse to order any regular or special
election, it shall be the duty of the township treasurer, or if the town-
ship treasurer fails to do so, of the county superintendent, to order such
election within ten days.
§ 108. Two of the directors ordering an election shall act as judges,
and one as clerk. If the directors, or any of them, shall fail to attend
an election, or shall refuse to act when present, and in elections to fill
vacancies, the legal voters assembled shall choose such additional mem-
bers as may be necessary to act as judges and clerk of the election. If
the directors or judges shall be of the opinion that on account of the
small attendance of voters the public good requires it, or if a majority
of the voters present desire it, they shall postpone the election until the
next Saturday, at the same time and place. If notice shall not have been
given as required, the election shall be held on any Saturday, notice
being given as required by law. In case of a tie, the judges shall decide
the vote by lot on the day of election.
§ 1Q9. Within ten days after the election, the judges shall cause the
poll book to be delivered to the township treasurer, with a certificate
showing the election of directors and the names of the persons elected;
which i3oll book shall be filed by the treasurer, and shall be evidence of
the election'. In a district divided by a township line the poll books
shall be returned to the treasurer who receives the taxes of the district.
§ 110. Within ten days after the annual election, the directors shall
meet and organize by appointing one of their number president, and
another of their number clerk. The clerk shall at once report to the
proper treasurer or treasurers the names of the president and clerk so
appointed.
schools. 373
§ 111. The directors shall hold regular meetings at such times as
they may designate, and special meetings at the call of the president or
any two members. No official business shall be transacted by the direc-
tors except at a regular or a special meeting. Two directors shall con-
stitute a quorum for the transaction of business. If the president or
clerk be absent from any meeting, or refuse to perform his official duties,
a president or a clerk pro tempore shall be appointed.
§ 112. The clerk shall keep in a punctual, orderly and reliable
manner, a record of the official acts of the board which shall be signed
by the president and the clerk, and submitted to the township treasurer
for his inspection and approval on the first Mondays of April and
October, and at such other times as the treasurer may require. On all
questions involving the expenditure of money, the yeas and nays shall
be taken and entered on the records of the proceedings of the board.
§ 113. On or before the seventh day of July, annually, the clerk
shall report to the treasurer having the custody of the funds of his dis-
trict, such statistics and other information in relation to the schools of
his district as the treasurer is required to include in his report to the
county superintendent of schools.
§ 114. The board of -directors shall have the following additional
duties :
First — To make, at the annual election of directors, to the voters
there present, a detailed report of receipts and expenditures, and trans-
mit a copy of the same within five days to the township treasurer.
Second — To report to the county superintendent within ten days the
names of all teachers employed, with the dates of the beginning and end
of their contracts.
Third — To provide for the revenue necessary to maintain schools in
their district.
Fourth — To determine, in case of a district composed of parts of two
or more townships, which treasurer is to receive the taxes of the district,
and to notify the collectors in writing accordingly.
Fifth — To adopt and enforce all necessary rules and regulations for
the management and government of the public schools of their district.
Sixth — To visit and inspect the public schools as the good of the
schools may require.
Seventh — To appoint all teachers and fix the amount of their sal-
aries.
Eighth — To direct what branches of study shall be taught, what text
books and apparatus shall be used, and to enforce uniformity of text
books in the public schools ; but they shall not permit books to be changed
-oftener than once in four years.
Ninth — To establish and keep in operation for at least six months in
each year, and longer if practicable, a sufficient number of free schools
for the accommodation of all persons in the district over the age of six
and under twenty-one years, and to secure for all such persons the right
and opportunity to an equal education in such schools.
374 schools.
Tenth — To purchase, at the expense of the district, a sufficient num-
ber of the text books used to supply children whose parents are unable to
buy them. Such text books shall be loaned only, and the directors shall
require the teacher to see that they are properly cared for and returned
at the end of each term of school.
Eleventh — To deliver to the township treasurer on or before the
seventh day of July, annually, all teachers' schedules made and certified
as required by law.
Twelfth — To pay no public money to any teacher unless such teacher
at the time of his or her employment shall have held a certificate of
qualification obtained under the provisions of this Act, and shall have
kept and furnished schedules as required by this Act, and shall have
satisfactorily accounted for books, apparatus and other property of the
district that he may have taken in charge.
Thirteenth — To cause a copy of- the township treasurer's report of
the financial condition of the district to be entered upon the records of
the district, and to post the same at the front door of the building where
the annual election of directors is held.
§ 115. The board of school directors shall be clothed with the fol-
lowing powers :
First — To purchase a suitable book for their records.
Second— Ho allow the clerk a reasonable compensation for his ser-
vices, payable out of money not otherwise appropriated.
Third — To dismiss a teacher for incompetency, cruelty, negligence,
immorality or other sufficient cause.
Fourth — To assign pupils to the several schools in the district; to
admit non-resident pupils when it can be clone without prejudice to the
rights of resident pupils; to fix rates of tuition, and to collect and pay
the same to the township treasurer for the use of the district.
Fifth — To suspend or expel pupils guilty of gross disobedience or
mis-conduct, and no action shall lie against them for such expulsion
or suspension.
Sixth — -To provide that children under twelve years of age shall not
be kept in school more than four hours daily.
Seventh- — To appropriate school funds for the purchase of libraries
and apparatus, after provision has been made for the payment of all
necessary school expenses.
Eighth — To sell at public or private sale any personal property be-
longing to the school district, and not needed for school purposes.
Ninth — To grant special holidays whenever in their judgment such
action is advisable, but no deduction shall be made from the time or
compensation of a teacher on account of such days.
Tenth — To have the control and supervision of all public school houses
in their district, and to grant the temporary use of them, when not occu-
pied by schools, for religious meetings and Sunday schools, for evening
schools and literary societies, and for such other meetings as the direc-
tors may deem proper.
schools. 375
Eleventh — To decide when a site or building has become unnecessary,
unsuitable, or inconvenient for a school.
k Twelfth — To borrow money, and issue bonds for the purposes and in
the manner provided by this Act.
Thirteenth — To furnish each school with a flag and staff, as provided
by law.
Fourteenth — To establish classes having an average attendance of
not fewer than fifteen pupils for the instruction of crippled children
over the age of six and under twenty-one years.
Fifteenth — To establish classes for the instruction of deaf children
over the age of three and under twenty-one years : Provided, however,
that no person shall be employed to teach the deaf who shall not have
received instruction in the methods of teaching the deaf for a term of
not less than one year.
Sixteenth — To establish kindergartens for the instruction of children
between the age of four and six years, when authorized by a majority
of the votes cast at an election held for that purpose under the pro-
visions of section 198 of this Act: Provided, however, that the tuition
or other expenses of such kindergartens shall be defrayed from the
local tax and from the special school revenue of the district: And, pro-
vided, further, that no one shall be employed to teach in a kindergarten
who does not hold a certificate issued as provided by law certifying that
the holder has been examined upon kindergarten principles and is com-
petent to teach the same.
§ 116. Every order issued by the school directors shall state for
what purposes or on what account it is issued, and shall be in the fol-
lowing form, to-wit:
$ State of Illinois 1 . . .
THE TREASURER OF TOWNSHIP.
No Eange No in County,
Pay to the order of
the sum of Dollars,
100 '
for
By order of the Board of Directors of
District No ... . in said County.
President.
. ., Clerk.
Order No
An order paid in full and properly endorsed shall be a sufficient re-
ceipt for the purposes of this Act. The school directors shall issue no
order, except for teachers' wages, "unless at the time there are sufficient
funds in the hands of the treasurer to pay it.
§ 117. When there is no money in the treasury to defray the or-
dinary and necessary expenses of the district,' the directors may issue
376 schools.
warrants against and in anticipation of any taxes levied for the payment
of the ordinary and necessary expenses of the district, to the extent of
75 per cent of the total amount of the tax levied. Such warrants shall
show upon their face that they are payable solely from the taxes when
collected, and shall be received by any collector of taxes in payment of
the taxes against which they are issued. And such taxes shall be set
aj)art and held for their payment.
§ 118. The directors shall pay the wages of teachers monthly. Up-
on the receipt of a schedule properly certified the directors shall forth-
with issue and deliver to the teacher an order on the township treasurer
for the amount named in the schedule. Such order shall state the rate
and time for which the teacher is paid. It shall not be lawful for the
directors to issue an order until they have duly certified to the schedule ;
nor shall it be lawful for the directors, after the date for filing schedules
as fixed by law,' to certify any schedule not delivered to them before that
date, when such schedule is for time taught before the first of July pre-
ceding, nor to give an order in payment of a teacher's wages for the time
covered by such delinquent schedule.
§ 119. It shall not be lawful for a board of directors to purchase or
locate a school house site, or to purchase, build or move a school .house,
or to levy a tax to extend schools beyond nine months, without a vote of
the people at an election called and conducted as required by section 198
of this Act. A majority of the votes cast shall be necessary to authorize
the directors to act. If no locality shall receive a majority of the votes,
the directors may select a suitable site. The site selected by either
method shall be the school site for such district.
§ 120. In case the compensation for the school house site cannot be
agreed upon, it shall be the duty of the directors to have such compensa-
tion determined in the manner provided by law for the exercise of the
right of eminent domain : Provided, however, that no tract of land out-
side the limits of any incorporated city or village, and within forty rods
of the dwelling of the owner of the land, shall be taken for a school site
without the owner's consent.
§ 121. Pupils may be transferred from one district to another upon
the written consent of a majority of the directors of each district, which
written consent shall be filed with the treasurer and shall be evidence
of such consent. The duty of collecting the amount due on account of
pupils transferred shall devolve upon the directors of the district in
which the school was taught.
§ 122. The graduates of the eighth grade in any school district in
this State in which no high school is maintained, shall upon the pay-
ment of tuition, be admitted to the high school of any district in the
county in which such pupils reside, or in anv adjoining county, by and
with the consent of the school board of such district where such high
school is located. The tuition in case the parent or guardian of such
pupil is unable to pay tuition, shall be paid by the school board of the
district in which such pupils reside, from the funds of the district. But
the tuition in no case shall exceed the per capita cost of maintaining the
schools. 377
high school selected. The parent, or guardian, with the approval of the
school board of the home district shall be authorized to select the high
school to be attended by such pupils: Provided, however, that the high
school selected shall offer a program of studies extending through four
school years : And, provided, further, that the application of this sec-
'tion shall not relate to districts that offer work in the ninth and tenth
grades, except to pupils that have completed the work in such grades.
BOARDS OF EDUCATION.
§ 123. In all school districts having a population of not fewer than
one thousand and not more than one hundred thousand inhabitants,
and not governed by special Acts, and in such other districts as may
hereafter be ascertained by any special or general census to have such
population, there shall be elected a board of .education to consist of a
president, six members and three additional members for every additional
ten thousand inhabitants: Provided, however, that in no case. shall
such board consist of more than fifteen members. When such board of
education is the successor of the school directors, all rights of property,
and all rights regarding causes of action existing or vested in such direc-
tors, shall vest in it as fully and completely as they were vested in the
school directors.
§ 124. Incorporated cities and villages, except such as have con-
trol of schools by special Acts, shall remain parts of the school townships
in which they are situated and be subject to the provisions of this Act.
§ 125. The president of the board of education shall be elected an-
nually, at the time the members of the board are elected, and shall hold
his office for the term of one year. He shall preside at all meetings,
but shall have no vote except in case of a tie. He shall perform such
duties as are imposed by law upon presidents of boards of directors, or
such as may be imposed upon him by the board of education.
§ 126. The election of boards of education shall be governed by the
provisions of this Act relating to the election of boards of directors :
Provided, however, that boards of education shall have power to estab-
lish a suitable number of voting precincts, and fix the boundaries there-
of for the accommodation of the voters of the district in which such
efection is held, in each of which voting precincts there shall be one poll-
ing place designated by the board. Whenever the board of education shall
establish more than one voting precinct for such election they shall
appoint two judges and one clerk for each polling place, assigning so
far as practicable at least one member of such board to each polling
place. When the time for the election of members of boards of educa-
tion or boards of inspectors is fixed by virtue of any special Act, such
election may be held at the time provided for the election of school
directors.
§ 127. The board of education shall have all the powers of school
directors, be subject to the same limitations, and in addition thereto
they shall have the power, and it shall be their duty:
178 SCHOOLS.
First — To establish and support free schools for not less than six nor
more than ten months in each year.
Second — To repair and improve school houses and furnish them with
the necessary fixtures, furniture, apparatus, libraries and fuel.
Third — To examine teachers by examinations supplemental to any
other examination, and to employ teachers and fix the amount of their
salaries.
Fourth — To establish schools of different grades, to adopt regulations
for the admission of pupils into the same, and to assign pupils to the
several schools.
Fifth — TO buy or lease sites for school houses with the necessary
grounds; Provided, however, that it shall not be lawful for such board of
education to purchase or locate a school house site, or to purchase, build
or move a school house, unless authorized by a majority of all the votes
cast at an election called for such purpose in pursuance of a petition
signed by not fewer than five hundred legal voters of such district, or
by one-fifth of all the legal voters of such district : And, provided,
further, that if no locality shall receive a majority of all the votes cast
at such election, the board of education may, if in their judgment the
public interest requires it, proceed to select a suitable school house site;
and the site so chosen by them in such case shall be legal and valid
the same as if it had been determined by a majority of all the votes cast;
and the site so selected shall be the school house site for such district;
and said district shall have the right to take the same for the purpose of
a school house site, either with or without the owner's consent, by con-
demnation or otherwise : And, provided, further, that all school house
sites heretofore located or selected by boards of education in cases [in]
which at an election duly called and held as herein provided, no site re-
ceived a majority of the votes cast, are hereby legalized and made valid
school house sites in and for the district for which they were so located
and selected.
Sixth — To levy a tax to extend schools beyond a period of ten months,
in each year, upon a petition of a majority of the voters of the district.
Seventh — To employ a competent superintendent who may be re-
quired to act as principal or teacher in such schools.
Eighth — To divide the district into sub-districts, to create new ones,
and to alter or consolidate them.
Ninth — To dismiss and remove any teacher, whenever in their opinion
he is not qualified to teach, or whenever in their opinion the interests of
the school may require it.
Tenth — To apportion the pupils to the several schools.
Eleventh-^-To appoint a secretary who shall keep a faithful record of
all their proceedings.
Twelfth — To prepare and publish annually in some newspaper, or in
pamphlet form, a report including the school attendance in the }<ear
preceding, the program of studies, the number of persons between the
ages of twelve and twenty-one unable to read and write, and a state-
ment of the receipts and expenditures, with the balance on hand.
schools. 379
Thirteenth — To request the trustees of schools, in writing, to convey
any real estates or interest therein used for school purposes, or held in
trust for schools.
BOAEDS OF EDUCATION IN" CITIES OF 100,000.
§ 128. In cities having a population exceeding 100,000 inhabitants,
the board of education shall consist of twenty-one members, to be ap-
pointed by the mayor, by and with the advice and consent of the common
council, seven of whom shall be appointed for the term of one year,
seven for the term of two years, and seven for the term of three years.
At the expiration of the term of any member of said board, their suc-
cessors shall be appointed in like manner and shall hold their office for
the term of three years. Any vacancy which may occur shall be filled by
appointment of the mayor, with the approval of the common council,
for the unexpired term.
§ 129. Any person having resided in any such city more than five
years next preceding his appointment shall be eligible to membership
of such board of education.
§ 130. The board of education shall appoint one of its members
president. It shall also appoint a secretary and such other officers and
employes as it shall deem necessary, and shall prescribe their duties,
compensation and terms of office.
§ 131. The board shall provide books in which shall be kept a faith-
ful record of all their proceedings. The yeas and nays shall be taken and
entered on the records of the proceedings of the board upon all ques-
tions involving the expenditure of money.
§ 132. The board of education shall have charge and control of the
public schools in such cities, and shall have power with the concurrence
of the city council :
First — To erect or purchase buildings suitable for school houses, and
keep the same in repair.
Second — To buy or lease sites for school houses with the necessary
grounds. If the board of education shall be unable to agree with the
owner or owners for the purchase of such site, then, with the concurrence
of the city council, it may acquire the title to such site in the manner
provided by law for the exercise of the right of eminent domain. Such
proceedings to condemn shall be in the name of the city in trust for the
use of schools.
Third — To issue bonds for the purpose of building, furnishing and re-
pairing school houses, for purchasing school sites, and to provide for
the payment of such bonds; and to borrow money for school purposes
upon the credit of the city.
§ 133. The said board of education shall have power:
First — To furnish schools with the necessary fixtures, furniture and
apparatus.
Second — To maintain, support and establish schools and supply from
taxes the inadequacy of the school funds for the salaries of teachers.
380 SCHOOLS.
Third — To hire buildings or rooms for the use of the board or of
schools.
Fourth — To employ teachers and fix the amount, of their compensa-
tion.
Fifth — To prescribe the school books to be used, and the studies in the
different schools.
Sixth — To divide the city into school districts, and to alter them and
create new ones as circumstances may require, and generally to have and
possess all the rights, powers and authority required for the proper
management of schools, with power to enact such ordinances as may be
deemed necessary and expedient for such purpose.
Seventh — To expel any pupil guilty of gross disobedience or mis-
conduct.
Eighth — To dismiss and remove any teacher for cause in the manner
provided in section 161 of this Act.
Ninth — To apportion the pupils to the several schools.
Tenth — To lease school property and to lend moneys belonging to the
school fund.
Eleventh — To grant the use of assembly halls and class rooms when
not otherwise needed, including light, heat and attendants, for public
lectures, concerts and other educational and social interests, free of
cost, but under such provisions and control as they may see fit to im-
pose.
§ 134. It shall be the duty of the board of education:
First — To superintend and control the schools in such cities.
Second — To examine all persons offering themselves as candidates for
teachers, and when found well qualified to give them certificates grat-
uitously.
Third— To visit all the public schools as often as once a month.
Fourth — To establish such by-laws, rules and regulations for the es-
tablishment, maintenance and government of a proper and uniform
system of discipline in the several schools as may in their opinion be
necessary.
Fifth — To determine from time to time how many and what class of
teachers may be employed in each of the public schools, and to employ
such teachers and fix their compensation.
Sixth — To take charge of the school houses, furniture, grounds and
other property belonging to the school districts, and see that they are
kept in good condition and not suffered to be unnecessarily injured or
deteriorated.
Seventh — To provide fuel and such other necessaries for the schools
as, in their opinion, may be required in the school houses, or other prop-
erty belonging to the said districts.
Eighth — To establish and maintain vacation schools and play grounds
under such rules and regulations as it shall prescribe.
Ninth — To inquire into the progress of pupils and the government
of the schools.
SCHOOLS. 381
Tenth — To prescribe the method and course of discipline and in-
struction in the respective schools, and to see that they are maintained
and pursued in the proper manner.
Eleventh — To prescribe what studies shall be taught, and what books
and apparatus shall be used.
Twelfth — To report to the city council, from time to time, any sug-
gestions the}r may deem expedient or requisite in relation to the schools
and the school fund, or the management thereof, and generally to recom-
mend the establishment of new schools and districts.
Thirteenth — To prepare and publish an annual report, which shall
include the receipts and expenditures of each school, specifying the
source of such receipts and the object of such expenditures.
Fourteenth — To communicate to the city council, from time to time,
such information as may be required.
§ 135. None of the powers herein conferred upon the board of
education of such cities shall be exercised except at a regular meeting.
§ 136. All conveyances of real estate shall be made to the city and
the title of all property acquired by condemnation shall be vested in the
city, in trust for the use of schools, and no sale of real estate or interest
therein used for school purposes or held in trust for schools shall [be]
made, except by the city council upon the written request of the board
of education.
§ 137. All moneys raised by taxation for school purposes or re-
ceived from the State common school fund, or from any other source for
school purposes, shall be held by the city treasurer as a special fund for
school purposes, subject to the order of the board of education, upon
warrants to be countersigned by the mayor and city comptroller or, if
there be no city comptroller,-by the city clerk.
§ 138. The board of education shall not add to the expenditures
for school purposes anything over and above the amount that shall be
received from the State common school fund, the rental of school lands
or property, and the amount annually appropriated for such purposes.
If the board shall add to such expenditure, the city shall not, in any
case, be liable therefor. And nothing herein contained shall be con-
strued so as to authorize the levy or collection of any tax unon the de-
mand or under the direction of the board of education.
§ 13.9. All schools in such cities shall be governed as herein pro-
vided and no power given to the board of education shall be exercised
by the city council of such cities.
PARENTAL SCHOOLS.
§ 140. In cities having a population of 100,000 inhabitants or more,
there shall be established, maintained and conducted, one or more par-
ental or truant schools for the purpose of affording a place of confine-
ment, discipline, instruction and maintenance of children of compulsory
school age. who may be committed thereto in the manner hereinafter pro-
vided.
382 schools.
§ 141. For the purpose of establishing such school or schools, sites
may be purchased and buildings constructed or premises rented in the
same manner as is provided for in the case of public schools in such
cities; but no such school shall be located at or near any penal institu-
tion. It shall be the duty of the board of education to furnish such
schools with such furniture, fixtures, apparatus and provisions as may
be necessary for the maintenance and operation thereof.
§ 142. The board of education may also employ a superintendent
and all other necessary officers, agents and teachers; and shall prescribe
the methods of discipline and the course of instruction; and shall exer-
cise the same powers and perforin the same duties as are prescribed by
law for the management of other schools.
§ 143. No religious instruction shall be given in such school except
such as allowed by law to be given in public schools; but the board of
education shall make suitable regulations 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.
§ 144. It shall be the duty of the 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 ease of any child of compulsory age who is not attending school,
and who has been guilty of habitual truancy, or 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 nor mother of such child is living, or found
in the county, or if their names cannot 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 a guardian consents to the com-
mitment of such child to such parental or truant school. Such petition
shall be verified by oath upon the belief of the oetitioner, and upon be-
ing filed the judge of the county or circuit court shall have the child
named in the petition brought before him for the purpose of determin-
ing the application in such 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.
§ 145. 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 hereinafter set
forth, Before such hearing notice in writing shall be o-iven to the
schools. 383
parent or guardian of such, child, if. known, of the proceedings about
to be instituted, that he or she may appear and resist the same if either
of them so desire.
§ 146. 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 the child to recover the cost of such clothing with 10 per
cent additional thereto.
§ 147. The board of education of such city shall have power to es-
tablish rules and regulations under which children committed to such
parental or truant school may be allowed to return home upon parole,
but to remain while upon parole in the legal custody and under the
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 superinten-
dent or an authorized officer of said school except as hereinafter pro-
vided ; and full power to enforce such rules and regulations to retake any
such child so upon parole is hereby conferred upon said board of educa-
tion. No child shall be released upon parole in less than four weeks
from the time of his commitment, nor thereafter until the superin-
tendent of such parental or truant school shall have become satisfied
from the conduct of the child that, if paroled, he or she will attend regu-
larly 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 educa-
tion.
§ 148. It shall be the duty of the principal or other persons 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 satisfac-
tory for a period of one year from the date on which he or she was re-
leased upon 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.
§ 149. 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
584 schools.
shall be recommitted to such parental or truant school and shall not be
released therefrom on parole until he or she shall remain in said school
at least one year.
§ 150. In any case in which 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 superinten-
dent or any officer of the school to represent these facts to the circuit
or county court by petition, and the court shall have authority to com-
mit said child to some juvenile reformatory.
§ 151. Boards of education in cities having a population of over
25,000 and less than 100,000 may establish, maintain and operate a
parental or truant school for the purposes hereinbefore specified, and in
case of the establishment of such a school, the boards of education shall
have like power in their respective cities as hereinbefore expressed:
Provided, however, that no board of trustees or board of education under
this section shall put this law into effect until submitted to a vote of the
people and adopted by a majority vote at some general election.
teacher's pension fund.
§ 152. In every city in this State having a population exceeding
100,000 inhabitants, there shall be elected a board of trustees to have
the administration and control of a public school teachers' pension and
■ retirement fund, to be created and maintained in the manner provided
by this Act. Such board of trustees shall consist of nine members. The
secretary of the board of education of such city shall be ex officio a mem-
ber of said board of trustees; in addition thereto there shall be elected
annually at the first meeting of the board of education in the month of
October of each year two of its members to serve on said board of trus-
tees ; and at the first election there shall be elected six members to said
board of trustees from the teachers' force employed in said city; two
for the term of one year, two for the term of two years and two for the
term of three years. On the date of the first meeting of said board of
education in the month of October of each year thereafter there shall
in like manner be elected two members to said board of trustees, who
shall hold their office for a term of three years. The election of the
members of said board of trustees by the board of education, shall be by
a majority vote in such manner as they, the board of education, shall
provide. The election of the members to said board of trustees by the
teaching forces of such city shall be by ballot at an election held by the
board of education, which shall conform as nearly as may be to the pro-
visions of the law in relation to school elections, and each person being
a member of the teaching force of such city, and a contributor to said
pension and retirement fund shall be entitled to cast at such election, one
vote for each trustee to be elected. Elections to fill vacancies may be
called bv the board of education and held at the annual election : Pro-
SCHOOLS. 3S5
vided, however, that the board of education may fill vacancies occurring
in the membership of said board of trustees elected from said board of
education at any regular meeting of the board of education.
§ 153. Such board of trustees shall have charge of and adminis-
tration of the pubic school teachers' pension and retirement fund of
such city, and shall have power to invest the same in such manner as
it shall deem most beneficial to said fund, but in [the] same manner
and subject to the same terms and conditions as township trustees are
permitted to invest school funds under the law, and shall have power
to make payments from said fund of pensions or annuities granted in
pursuance of this Act; and shall from time to time make and establish
such by-laws, rules and regulations for the administration of said fund,
as they shall deem advisable and shall have power to employ such as-
sistance and service as may, in their judgment be necessary for the
proper enforcement of the provisions of this Act and carrying into
effect valid by-laws, rules and regulations enacted by them, and they
shall have power to fill any vacancies occurring in said board of trus-
tees of members elected from the teaching force of said city, until the
next annual election, when said vacancies shall be filled as provided by
this Act.
§ 154. The public school teachers' pension and retirement fund of
9'ich city shall consist of moneys paid into said fund by persons desir-
ing the benefits thereof, under the provisions of this Act; of moneys
received from donations, legacies, gifts, bequests or otherwise on ac-
count of said fund, and of moneys paid into said fund in pursuance of
any law now in force or hereafter to be enacted.
§ 155. Any person who shall be employed to teach in the public
school of any city, after this Act shall take effect, shall be entitled to
the benefits of said fund upon complying with the provisions of this
Act, and for the purposes of this Act such persons shall be divided into
the following classes:
First — Those who have taught five years or less.
Second — Those who have taught more than five years and not more
than ten years.
Third — Those who have taught more than ten years and not more
than fifteen years.
Fourth — Those who have taught more than fifteen years.
After this Act shall take effect, there shall be set apart from the
salaries of all persons hereafter entering for the first time the employ
of the board of education of srach cities $5.00 per annum, while they
remain in the first class; $10.00 per annum while they remain in the
second class; $15.00 per annum while they remain in the third class,
and $30.00 per annum while they remain in the fourth class, which
amounts shall be deducted by the board of education in equal install-
ments from their respective salaries at the regular times for the pay-
ment thereof, and be paid into and constitute, a part of the public
school teachers' pension and retirement fund of such city.
—25 L
386 schools.
§ 156. Teachers employed by the board of education of any such
city, who shall become contributors to and beneficiaries of a public
school teachers' pension and retirement fund, under any provisions of
this Act, may count past service as a part of the period of twenty-five
years hereinafter specified, by paying into said fund a sum equal to that
which he or she would have contributed under the provisions of this Act,
had he or she been a regular contributor to said fund, during said per-
iod of past service, together with interest thereon at the rate of 4 per
cent per annum from the time such payments would have been ma-de
to the time such person shall by making such payment become entitled
to the benefit of such past service.
§ 157. Such board of trustees shall have the power and it shall be
its duty to pass a resolution declaring the maturity of service and right
to the immediate benefits of said fund in favor of persons entitled to the
benefits thereof in the following cases :
First — When any such persons shall have taught in the public schools
or rendered service therein for a period of twenty-five years within the
meaning of this Act.
Second — When any contributor to the said fund shall have taught
fifteen years in the public schools within the meaning of -this Act and
shall have been declared by three competent physicians, who have made
a physical examination of the teacher, at the request of a majority of
such board of trustees, to be suffering from a permanent disability:
Provided, however, that neither said board of trustees nor said board of
education shall declare any contributor entitled to the immediate bene-
fits of said fund until he or she shall have taught in the public schools
of such city three-fifths of the term of service of twenty-five or fifteen
years as the case may be; and no person shall be entitled to the benefits
of said fund until he or she shall have retired from service as a teacher
in said city.
§ 158. Each teacher so retired or retiring after twenty-five years of
service shall thereafter be entitled to receive an annuity of $400.00, and
each teacher so retired because of permanent disability after fifteen
years of service shall receive as an annual pension such proportion of the
full annuity of $400.00 as the sum contributed by such teacher so retired
bears to the total contributions required for a full annuity. Said pen-
sions and annuities shall be* paid monthly during the school year by
said board of trustees out of the fund created in accordance with the pro-
visions of this Act in the manner provided by law for the payment of
teachers' salaries.
§ 159. The president and the secretary of said board of education
shall certify monthly to the city treasurer all amounts deducted from
the salaries of teachers, special teachers, principals and superintendents
of schools in accordance with the provisions of this Act, which amounts,
as well as all other moneys contributed to said fund, shall be set apart
and held by said treasurer as a "special fund for the purposes hereinbe-
fore specified, subject to the order of said board of trustees herein created,
schools. 387
and shall be paid oat upon warrants signed by the president and secre-
tary of said board of education, and countersigned by the president of
the said board of trustees.
§ 160. The city treasurer, ex officio, shall be the custodian of said
pension fund, and shall secure and safely keep the same, subject to the
control and direction of said board of trustees, and shall keep his books
and accounts concerning such fund in such manner as may be prescribed
by said board, and said books and accounts shall always be subject to the
inspection of said board or any member thereof. Said city treasurer
shall be liable on his official bond for the proper performance of his
duties and the conservation of the fund created by this Act. Any legal
proceedings which may be necessary for the enforcement of the provis-
ions of this Act, shall be brought by and in the name of the board of
education for the use of the board of trustees of the public school teach-
ers' pension fund.
§ 161. No teacher who has been, or who shall have been, elected by
said board of education, shall be removed or discharged, except for cause,
upon- written charges which shall upon the teachers' written request, be
investigated and determined by said board of education, whose action
and decision in the matter shall be final. If at any time a teacher who
is willing to continue is not re-employed or is discharged before the time
he or she would, under the provisions of this Act, be entitled to a pen-
sion, then such teacher shall be paid back at once the money he or she
may have contributed under this law. Any teacher who shall retire
voluntarily from the service, prior to entering the aforesaid fourth class,
shall receive a refund of one-half of the money he or she shall have con-
tributed under this law.
§ 162. All persons who shall be employed as teachers by the board
of educatiun of any such city shall by such employment accept the pro-
visions of this Act, and thereupon become contributors to said pension
fund in accordance with the terms thereof. And the provisions of this
Act shall become a part of and enter into any such contract of employ-
ment.
§ 163. All pensions or annuities granted under the provisions of
this Act and every portion thereof shall be exempt from attachment or
garnishment process and shall not be seized, taken, subjected to, de-
tained or levied upon by virtue of any execution, or any process or pro-
ceedings whatsoever issued out of or by any court of this State for the
payment or satisfaction in whole or in part of any debt, claim, damage,
demand or judgment against any pensioner hereunder, and no annui-
tant or pensioner shall have the right to transfer or assign his or her
pension or annuity or any part thereof either by way of mortgage or
otherwise.
§ 164. Neither the treasurer nor any other officer having the cus-
tody of public school funds of any city having a population exceeding
100,000 inhabitants, shall be entitled to retain any interest accruing
thereon or any part thereof, but such interest shall accrue and inure to
the benefit of such school funds respectively, become a part thereof and
be paid into the city treasury, subject to the purposes of this Act.
388 schools.
§ 165. The board of education of any such city, as to such funds
raised by taxation, levied by such city for school purposes, whether the
same be for educational purposes or for building purposes, shall annually
set aside all interest so added to such funds and contribute the same to
the public school teachers' and public school employes pension and re-
tirement funds now created or existing or such as may be hereafter
created pursuant to any law. The amount of such interest so contri-
buted, however, shall not exceed in any year 1 per cent of the sums so
levied for such purposes.
NORMAL SCHOOL AND UNIVERSITY SCHOLARSHIPS.
§ 166. There shall be awarded annually to each school township, or
fractional township, a scholarship which shall entitle the holder thereof
to gratuitous instruction in any State normal school, for a period of
four years: Provided, however, that any township having a population
exceeding one hundred thousand inhabitants, shall be entitled to five
scholarships.
§ 167. The county superintendent shall receive and register the
names of all applicants for such scholarships, and shall hold an examina-
tion, or cause an examination to be held, in each township, for the bene-
fit of graduates of the eighth grade: Provided, however, that when a
township is divided by a county line, the county superintendent in
whose county the sixteenth section is situated shall have charge of the
examination in such township.
§ 168. All examinations for normal school scholarships shall be
held on Saturday between the first day of March and the fifteenth day
of May in each year, according to rules and regulations prescribed by
the Superintendent of Public Instruction, and the pupil found to pos-
sess the highest qualifications shall be entitled to such scholarship;
Provided, however, that such pupil shall be a resident of the township
in which such examination is held: And, provided, further, that when
no application is received from any township, the county superintendent
shall assign the pupil found to possess the next highest qualifications to
that township.
§ 169. The county superintendent shall certify the names and ad-
dresses of all successful applicants, with the number and range of the
township to which each pupil is accredited, to the Superintendent of
Public Instruction, who shall issue to each pupil a certificate of scholar-
ship which shall be accepted by the authorities of any State normal
school in lieu of any entrance examination, and shall exempt the holder
thereof from the payment of tuition, or any term, matriculation, or inci-
dental fee whatsoever.
§ 170. There shall be awarded, annually, to each county, one uni-
versity scholarship, which shall entitle the holder thereof to gratui-
tous instruction in the University of Illinois for a period of four years.
§ 171. The county superintendent shall receive and register the
names of all applicants for such scholarships, and shall hold an examina-
schools. 389
tion on the first Saturday of June of each year, according to rules and
regulations prescribed by the president of the University, and the stu-
dent found to possess the highest qualifications shall be entitled to such
scholarship : Provided,, however, that every applicant shall be at least
sixteen years of age, and a resident of the county in which such examina-
tion is held: And, provided, further, that no student who has attended
the University of Illinois shall be eligible to such examination.
§ 172. The county superintendent shall return to the president of
the University, within ten days after such examination, a list of the
names of all applicants examined, the grades obtained, together with
the examination papers submitted by them; and the president of the
University shall issue to the successful applicant a certificate of scholar-
ship as directed by the provisions of this Act: Provided, however, that
in case no return is made from a county, the president of the University
may assign to that county from some other county the student found
to possess the next highest qualifications.
§ 173. In addition to the scholarships provided for in section 171,
each member of the General Assembly is authorized to nominate and
appoint annually, one person of school age and otherwise eligible, from
his district, who shall by virtue of his appointment receive a certifi-
cate of scholarship in the University. Each member of the General
Assembly shall file with the president of the University on or before the
first Saturday in June, the name and address of the student nominated
by him to receive such scholarship. The candidate for such scholarship
shall present himself for nomination before the county superintendent
in the county where such student resides, at the time stated in sec-
tion 171 for the competitive examination. The president of the Univer-
sity shall prescribe the rules and regulations governing such examina-
tion : Provided, however, that, in case the person named fails to pass
the required examination for admission, the president of the University
shall at once notify the member making the appointment, who may
name another person for such scholarship; And, provided, further, that,
if the member of the General Assembly shall so elect, the scholarship
under his control may be awarded by competitive examination conducted
under like rules as prescribe in section 171 of this Act.
§ 174. Any University scholarship issued under the provisions of
this Act. shall exempt the holder from the payment of tuition, or any
matriculation, term or incidental fee whatsoever, except for purchase of
laboratory supplies and similar fees for supplies and materials : Provided,
■however, that such student shall be subject to all examinations, rules and
requirements of the board of trustees and faculty, except as herein di-
rected: And, provided further, that the privileges of these scholarships
:shall not be available in the professional schools and colleges of the
University : And, provided, further, that this Act shall not be construed
to prohibit the board of trustees from granting other scholarships.
§ 175. Any student holding a University scholarship, who shall
unake it appear to the satisfaction of the president of the University that
lie requires leave of absence for the purpose of earning funds to defray
390 SCHOOLS.
his expenses while in attendance, may be granted such leave of absence,
and may be allowed a period not to exceed six years to complete his
course at the University.
TEACHERS.
§ 176. JSTo one shall be authorized or employed to teach in the com-
mon schools of this State, or shall receive, for teaching, any part of
any public school fund, who is not at least 18 years of age, if a man,
or 17 years of age, if a woman, and who does not hold at the time he
enters upon his duties a certificate of qualification issued by the county
superintendent of schools or the Superintendent of Public Instruction:
Provided, however, that in any county in which a county normal school
is established, under the control of a county board of education, the dip-
lomas of graduates in said normal school shall, when directed by said
board, be taken by the county superintendent as sufficient evidence of
qualification to entitle the holder to a first grade certificate if presented
within two years from such graduation.
§ 177. Certificates of qualification issued by the Superintendent of
Public Instruction shall be valid in every district in the State during
the good behavior of the holder. Such certificates shall be granted only
upon a public examination, complete in itself, under such regulations
and by such examiners as the Superintendent of Public Instruction shall
prescribe and appoint. The holder of any State certificate, while he
continues to teach, shall, annually, before entering upon his duties as
teacher, present his certificate to the county superintendent for registra-
tion. A fee of one dollar shall be charged therefor and covered into
the institute fund.
§ 178. Certificates of qualification granted by the county superin-
tendent shall be of two grades :
A certificate of the first grade shall be valid in the county for two
years and shall certify that the person to whom such certificate is issued
is of good character and qualified to teach orthography, reading in Eng-
lish, penmanship, arithmetic, English grammar, modern geography,
civics, the elements of the natural sciences, the history of the United
States, the history of Illinois, physiology and the laws of health.
A certificate of the second grade shall be valid for one year, and shall
certify that the person to whom such certificate is issued is of good char-
acter and is qualified to teach orthography, reading in English, pen-
manship, arithmietic, English grammar, modern geography, civics, the
history of the United States and the history of Illinois.
Such certificates may be in the following form, to-wit:
Illinois, 1 . . . .
The undersigned having examined in
orthography, reading in English, penmanship, arithmetic, English
grammar, modern geography, civics, the history of the United States,
the history of Illinois, and methods of teaching, and being satisfied that
is of good character, ■ hereby certifies
r : ;;::
SCHOOLS. 391
that qualifications in these branches are such
as to entitle to this certificate, being of the grade,
and valid in this county for year from the date hereof, re-
newable at the option of the county superintendent by his endorsement
hereon.
Given under my hand and seal at the date aforesaid.
A B
County Superintendent of Schools.
Teachers of music, drawing, penmanship, bookkeeping, German, or any
other special study, exclusively, shall not be required to be examined
except in reference to such special study, and in such cases it shall not
be lawful to employ such teachers to teach any branch of study except^
such as they have been examined upon and which shall be stated in such
certificates. The county superintendent may, in his option, renew cer-
tificates at their expiration by his endorsement thereon, and may revoke
a certificate at any time for immorality, incompetency or other just
cause.
§ 179. Every school established under the provisions of this Act shall
be for instruction in the branches of education prescribed in the qualifi-
cations .for teachers, and in such other branches, including vocal music
and drawing, as the directors, or the voters of the district at the annual
election of directors may prescribe.
§ 180. Examinations for teachers' certificates shall be held by the
county superintendent quarterly, and oftener, if necessary, on such days
and in such places as will accommodate the greatest number of persons
desiring such examination. Notice of such examinations shall be pub-
lished a sufficient length of time in at least one newspaper of general
circulation. A fee of one dollar shall be charged for the examination
and also for the renewal of a certificate.
§ 181. The county superintendent shall hold an annual institute,
not fewer than five days, for the instruction of teachers and those who
may desire to teach. With the concurrence of the Superintendent of
Public Instruction he shall employ such assistance as may be necessary
to conduct the institute. Two or more adjoining counties may hold an
institute together. At every institute instruction shall be free to holders
of certificates good in the county or in any of the counties holding the
institute, and to those who have paid an examination fee and failed to
receive a certificate. All others attending shall be required to pay a
registration fee of one dollar.
§ 182. All examination and registration fees, and fees for renewals,
shall be transmitted monthly to the county treasurer, with a list of
the names of the persons paying such fees. Such fund shall constitute
the institute fund, and shall be paid out only upon the order of the
county superintendent, to defray the expenses of teachers' institutes.
When the institute fund in any county exceeds the average annual cost
of the teachers' institute for the next preceding three years, such excess
may be drawn upon by the county superintendent of schools for the pur-
pose of defraying the expense of any general meeting of the teachers
of the county.
392
SCHOOLS.
§ 183. Five days in any school year, spent by a teacher, during
term time, in attendance upon a teachers' institute, held under the
direction of the county superintendent of schools, shall be considered
time lawfully expended in the service of the district, and no deduction
of wages shall be made for such attendance. It shall be the duty of
the school directors to close the schools for such institute.
§ 184. It shall be the duty of every teacher to see that the school
property of the district, under his care and control, is not unnecessarily
damaged or destroyed. No teacher shall be paid any part of the school
funds unless he shall have furnished schedules, when required by law,
and shall have satisfactorily accounted for all books, apparatus and other
property belonging to the district.
§ 185. Teachers shall keep daily registers, which shall exhibit the
name, age and attendance of each pupil, the day of the week, the
month and the year. Eegisters shall be in the following form, the ab-
sence of each scholar being indicated by a mark, the presence by a blank,
to-wit :
Eegister of a common school kept by A. B. in district ~No
in the county of in the State of Illinois.
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Names.
Ages.
3
10
13
16
18
1
1
1
1
1
1
1
1
1
1
1
1
1
i
15
11
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Grand total number of days —
64
Boys.
Girls.
Total.
2
2
4
3.2
Such registers shall be furnished to the teachers by the school direc-
tors, and each teacher shall, at the end of his term of school, return his
register to the clerk of the school board of the district. jSTo teacher shall
be paid any part of the school funds unless he shall have accurately kept
and returned the register as aforesaid.
SCHOOLS.
393
§ 186. In all districts controlled by a board of directors, teachers
shall make schedules of the names of all pupils attending school, in the
form prescribed by this Act, and when pupils reside in two or more
districts, townships or counties, separate schedules shall be kept for
each district, township or county. Boards of education may require
.teachers to make schedules, or statements certifying the number of days'
attendance for each month, as shown by their registers, which shall be
certified by the board of education, and be subject to the same require-
ments as schedules. Schedules shall be certified by the teacher, and shall
be in the following form, to-wit:
Schedule of a school taught by in
district No , in the county of in
the State of Illinois. JSTames and ages of pupils residing in district
No , county, who have attended
school during the time beginning the. ... day of
] ., during which time the school was in session
school days.
Name.
Days
attended.
John Smith
Isaac Meisler.. .
Sarah Danforth.
Mary Newman
Grand total number of days' attendance
Boys.
Girls.
Total.
2
2
4
3 2
I hereby certify that the foregoing schedule is correct, to the best of
my knowledge and belief;
A B
Teacher.
§ 187. The schedule, or schedules, shall be delivered to one of the
directors, who shall, if requested, give the teacher a receipt for the
same. It shall be the duty of the director to examine carefully such
schedule, or schedules, with at least one other director, and correct any
errors, and if such schedule has been made according to law, they shall
certify to the same in the following form, to-wit :
State op Illinois, ]
fss.
County. J
"We, the undersigned, directors of district JSTo in
county, certify that we have carefully examined the foregoing schedule
and find it to be correct, and that the school was conducted according
394 SCHOOLS.
to law ; that the teacher is paid according to contract dollars
per ; the sum of dollars is now due
for services for the month ending
; that the teacher has a legal certificate of
grade, and that the property of said district in
charge of such teacher has been satisfactorily accounted for.
Signed this day of , 1 . . . .
Directors.
§ 188. The school month shall be the same as the calendar month.
But a teacher shall not be required to teach on Saturdays or legal school
holidays, which are the first day of January, the fourth day of July, the
twenty-fifth clay of December, and any clay appointed by the President
or Governor as a day of fast or thanksgiving, and no deduction shall
be made from the time or compensation of a teacher on account of such
days.
REVENUE.
»
§ 189. For the purpose of establishing and supporting free schools
for not less than six nor more than nine months in each year, and
defraying all the expenses of the same of every description; for the
purpose of repairing and improving school houses, of procuring furn-
iture, fuel, libraries and apparatus, and for all other necessary inci-
dental expenses in each district, village or city, the directors of such
district and the authorities of such village or city shall be authorized
to levy a tax annually upon all the taxable property of the district, vil-
lage or city not to exceed one and one-half per cent for educational and
one and one-half per cent for building purposes, the valuation to be as-
certained by the last assessment for State and county taxes. Provided,
that the term incidental expenses herein used shall not include any
sum expended or obligation incurred for the improvement, repair or
benefit of the school buildings and property, but all such sums and
obligations shall be paid from that portion of the tax levied for building
purposes. No election or petition shall be necessary to authorize the
levy of a tax for the ordinary repair and improvement of school build-
ings or grounds or for the payment of any special tax or special assess-
ment levied upon such property.
§ 190. The board of directors or board of education of each dis-
trict shall ascertain as near as practicable, annually, how much money
must be raised by special tax for educational and for building purposes
for the next ensuing year. Such amounts shall be certified and returned
to the township treasurer on or before the first Tuesday in August, an-
nually. The certificate shall be signed by the president and clerk, or
secretary, as the case may require, and may be in the following form,
to-wit :
schools. 395
CERTIFICATE OF TAX LEVY.
We hereby certify that we require the sum of dollars,
to be levied as a special tax for educational purposes, and the sum of
dollars to be levied as a special tax for building purposes,
on the equalized assessed value of the taxable property of our district,
for the year 1 . . . .
Signed this clay of ,• 1 . . . .
A B President.
C D ....Clerk.
District No . , County.
The township treasurer shall return the certificate to the county clerk,
on or before the second Monday of August. A failure by the school
board to file the certificate, or of the treasurer to return it to the county
clerk in the time required, shall not vitiate the assessment.
§ 191. When a district lies partly in two or more counties the direc-
tors shall ascertain as 'near as practicable the amount to be raised by
special tax for educational and building purposes, and shall prepare a
certificate for each county in which such district may lie, and deliver
the certificates to the township treasurer who receives the tax money
of such district, who shall return a certificate to each of the county clerks
of the counties in which a part of such district is situated. On the first
Monday of October, annually, or as soon thereafter as may be practicable,
the county clerk of each [of] such counties shall ascertain the total
equalized valuation of all the taxable property in that part of such dis-
trict as shall lie in his county, and certify the amount thereof to the
county clerk of each of the other counties in which such district may
lie; and from the aggregate of such equalized valuation, and from the
certificate of the amount so required to be levied, such clerk shall ascer-
tain the rate per cent required to produce in such district the amount
of such levy, and at that rate shall extend the special tax to be levied for
educational and building purposes in that part of such district lying
in his respective county.
§ 192. It shall be the duty of assessors, when making assessments
of personal property, to ^designate the number of the school district in
which the person assessed resides. Such designation shall be made by
writing the number of the district opposite each person's assessment of
personal property in the assessment roll returned by the assessor to the
county clerk. The officers preparing blank books and notices for the
use of assessors shall provide columns and blanks, so that the number of
the school district may be designated.
§ 193. On or before the first day of April next after the delivery
of the tax books containing the computation and levy of the taxes, or
as soon thereafter as the treasurer shall present the certificate of the
amount of the tax, and make a demand therefor, the collector shall pay
to the treasurer the full amount of the tax certified bv the county clerk,
or in case any part remains uncollected, the collector shall, in addition
to the amount collected, deliver to the treasurer a statement of the
396 . schools.
amount of uncollected taxes for each district of the township, taking his
receipt therefor, which receipt shall be evidence in favor of the col-
lector as against the treasurer.
§ 194. If any collector shall fail to pay the taxes or any part there-
of, the treasurer, or other authorized person, may proceed against him
and his securities in an action of debt upon his official bond in any
court of competent jurisdiction. The collector so in default shall pay
twelve per cent on the amount due, to be assessed as damages, which shall
be included in the judgment rendered against him. If he can show that
any part of the taxes could not be collected by law, he shall not be liable
for such taxes until he has collected, or may be able to collect them.
BONDS.
§ 195. For the purpose of building or repairing school houses or
purchasing and improving school sites, the directors of any school dis-
trict, when authorized by a majority of the votes cast at an election held
for that purpose, may borrow money ; and, as evidence of such indebted-
ness, may issue bonds signed by at least two directors, in denominations
of not less than $100.00, and bearing interest at a rate not exceeding
7 per cent per annum.
§ 196. All bonds issued by virtue of this Act, before being issued,
negotiated and sold, shall be registered, numbered and countersigned by
the treasurer who receives the taxes of the district. Such registration
shall be made in a book provided for that purpose, in which shall be
entered the record of the election authorizing the directors to borrow
money, and a description of the bonds issued, including the number,
date, to whom issued, amount, rate of interest and when due.
§ 197. All moneys borrowed under the authority of this Act shall
be paid to the treasurer of the township wherein the bonds issued there-
for are required to be registered. Upon receiving such moneys, the
treasurer shall deliver the bond or bonds issued therefor to the person
or persons entitled to receive them, and shall credit the funds received
to the district issuing the bonds. The treasurer shall record the exact
amount received for each and every bond issued. When any such bonds
are paid, the treasurer shall cancel the same and shall enter, against the
record of such bonds, the words "paid and cancelled the day
of i.l. . ." filling the blanks with the day, month
and year corresponding to the date of such payment.
§ 198. When it is desired to hold an election for the purpose of
borrowing money, the directors of the district shall give at least ten
days' notice of the election, by posting notices in at least three of the
most public places in the district. Such notices shall specify the place
where such election is to be held, the time of opening and closing the
polls, and the question to be voted upon, which notice may be in the
following form, to-wit :
schools. 397
NOTICE OF ELECTION.
Notice is hereby given that on day of
1. . ., an election will be held at .school district No
in. . County, Illinois, for the purpose of voting
"for" or "against" the proposition to issue bonds of district No
to the amount of dollars due (here insert the
times of payment, giving the amount falling due in each year, if the
bonds mature at different days), which bonds are to bear interest at the
rate of per cent per annum, payable annually.
The polls will be opened at o'clock m., and closed at
o'clock m.
Dated this day of 1 . . . .
A B President.
C D Clerk.
§ 199. Two of the directors shall act as judges of the election and
one as clerk. In case a director shall fail to attend or to act at such
election, the legal voters assembled shall choose from their number, at
the time of opening the polls, some person to act as judge or clerk, as
the case may be. The judges and clerk shall take and subscribe the oath
required of judges and clerks of an election held for State and county
officers. All votes shall be by ballot.
§ 200. Within ten days after the election the judges shall cause the
poll books to be returned to the township treasurer who is required to
register such bonds, with a certificate thereon showing the result of the
election, which poll book shall be filed and kept by the treasurer, and
shall be evidence of such election.
§ 201. When a school district has issued bonds, or other evidences
of indebtedness, for any purposes which are binding and subsisting legal
obligations, and remaining outstanding, the directors of such school dis-
trict may, upon the surrender of any such bonds or other evidences of
indebtedness, issue in lieu thereof, to the holders or owners of the same,
or to other persons for money with which to pay the same, new bonds
or other evidences of indebtedness, according to the provisions of this
Act.
COUNTY CLERK.
§ 202. Whenever the returns of an election for trustees of schools
are made to the county clerk, it shall be his duty to furnish to the county
superintendent of schools, within ten days after such returns have been
made, the names of the trustees so returned to him, and to specify the
townships in which they have been elected.
§ 203. It shall be the duty of the county clerk to furnish the direc-
tors of any school district, upon request, a certificate showing the last
ascertained equalized value of taxable property of such district.
§ 204. When a school district lies partly in two or more counties,
it shall be the duty of the county clerk of each county in which any
398 schools.
part of such district lies to furnish, upon request, to the directors of
such district, a certificate showing the last ascertained equalized value
of the taxable property in that part of such district lying in such county.
§ 205. It shall be the duty of the county clerk, when making out
the tax books for the collector, to compute each taxable person's tax in
each school district upon the total amount of taxable property as equal-
ized by the State Board of Equalization for that year, lying and being
in such district, whether belonging to residents or non-residents, and
also upon each and every tract of land, the larger part of which lies
in such district. Such compensation shall be made so as to realize the
amount of money required to be raised in such district, as shown and set
forth in the certificate of tax levy, made out by the directors of such dis-
trict, and filed with the township treasurer, as required by this Act.
The said county clerk shall cause each person's tax, so computed, to be
set upon the tax book to be delivered to the collector for that year, in a
separate column against each taxpayer's name, or parcel of taxable prop-
erty, as it appears in said collector's books, to be collected in the same
manner, and at the same time, and by the same person, as State and
county taxes are collected. He shall number the school districts on the
maps in his office to correspond with the numbers of districts as re-
turned to him by the county superintendent of schools, and in making
up the tax books to be delivered to the collector of taxes, the county
clerk shall copy into such tax books the number of the school district
set opposite to each person's assessment of personal property by the as-
sessor making the assessment of such person, and shall extend the school
tax on each person's assessment of personal property, according to the
rate required by the amount designated by the directors of the school
district in which such person resides, as shown by the certificate of tax
levy. The computation of each person's tax and the levy made by the
clerk shall be final and conclusive. The rate shall be uniform, and shall
not exceed that required by the amount certified by the board of direc-
tors. The said county clerk, before delivering the tax book to the col-
lector, shall make out and send by mail to each township treasurer of
the county a certificate of the amount due each district or fraction of
a district in his township, from the tax so levied and placed on the
tax books.
§ 206. The county clerk shall record and preserve the report of the
county superintendent made to the county board at the first regular term
of such board in each year relating to the sale of school lands, the
amount of money received, paid, loaned out and on hand, belonging to
each township fund in his control, and the statement copied from the loan
book of such county superintendent, showing all the facts in regard to
loans which are required to be stated in the loan book.
schools. 399
THE COUNTY BOARD.
§ 207. It shall be the duty of the county board of each county of
the State :
First — To provide for the county superintendent of schools a suitable
office with necessary furniture and office supplies, as is done in the case
of other county officers.
Second — To examine and approve or reject the report of the county
superintendents of schools made to such board.
Third — To audit at the regular meeting in September, and as near
quarterly thereafter as such board may have regular or special meetings,
the itemized bills of the county superintendent of schools for the ex-
pense of his office.
Fourth— -To authorize the county superintendent of schools to employ
such assistants as he needs for the full discharge of his duties, and to
fix the compensation thereof^ which compensation shall be paid out of
the county treasury.
Fifth — To examine the financial statements of the county superinten-
dent of schools required by section 11 of this Act and compare the same
with vouchers, and the county board, or so many of them as may be
present at the meeting of the board, shall be liable individually to the
fund injured and to the securities of the county superintendent, in case
judgment be recovered of the said securities, for all damages occasioned
by neglect of the duties, or any of them, required of the board by this
section : Provided, however, that nothing herein contained shall be con-
strued to exempt the securities, but they shall remain liable to the fund
injured the same as if the members of the county board were not liable
to them for neglect of their duty.
§ 208. The county board of each county of this State shall have
power :
First — To approve the bond of the county superintendent of schools,
and to increase the penalty of such bond if, in the judgment of the
county board such penalty should be so increased.
Second — To require the county superintendent of schools, after notice
given, to execute a new bond, conditioned and approved as the first
bond, whenever in the discretion of the county board such new bond is
necessary: Provided, however, that the execution of such new bond
shall not affect the old bond or the liability of the security thereof.
Third — To require the county superintendent of schools to make the
reports to such board provided for by law, and to remove him from office
in case of neglect or refusal so to do, or for any palpable violation of
law or omission of duty.
§ 209. When the office of county superintendent of schools shall be-
come vacant, the county board shall fill the vacancy by appointment. If
by reason of a tie upon the vote to fill such vacancy, or from any other
cause, the vacancy shall not be filled by the county board within thirty
days of the time it occurs, it shall be the duty of the clerk of the county
board to summon the county judge of the county in which the vacancy
exists to meet with the county board at a time and place designated by
400 SCHOOLS.
the clerk, of which meeting the members of the county board shall have
notice; and the county board and county judge, when so notified, shall
meet at the time and place designated, at which meeting the county judge
shall preside, and in case of a tie he shall give the casting vote. The
clerk shall notify the person so selected of his appointment.
SCHOOL FUND.
§ 210. The common school fund of this State shall consist, until
otherwise provided by law, of the proceeds of a two-mill tax levied an-
nually upon each dollar of the equalized assessed value of all the prop-
erty in the State; the interest on the school fund proper, which fund is
three per cent upon the proceeds of the sales of public lands in the
State, one-sixth part excepted; and the interest on the surplus revenue
distributed by Act of Congress and made ]3art of the common school fund
by Act of the Legislature, March 4, 1837. The interest on the school
fund proper and the surplus revenue shall be paid by the State annually
at the rate of six per cent, and shall be distributed as. provided by law.
§ 211. On the first Monday in January, annually, the Auditor of
Public Accounts shall apportion to each county the common school
fund, in proportion to the number of persons in each county under the
age of twenty-one years, as ascertained from the next preceding State or
federal census, and shall issue an order upon the county collector to pay
to the county superintendent of schools the amount of such order out of
the first funds collected by him and not otherwise appropriated by law,
and take the county superintendent's receipt for the same.
§ 212. The orders issued by the Auditor of Public Accounts for the
common school fund shall be received bv the State Treasurer in payment
of amounts due the State from county collectors. On presentation of
such orders the Auditor shall issue his warrants to the treasurer on the
school fund for the amount of the school fund tax orders, and on the
revenue fund for the amount of the orders for interest on the school
fund proper and the surplus revenue.
§ 213. If a collector shall fail or refuse to pay the amount of an
auditor's order, or any part thereof, by the first clay of March, annually,
or as soon thereafter as it may be presented, the county superintendent
shall begin an action for debt against the collector and his securities in
any court having competent jurisdiction, and unless it shall appear to
the satisfaction of the court that on the first day of March, or on the
day of presentation of payment thereafter, the collector had not collected
funds sufficient to pay such order, interest at the rate of twelve per cent
per annum upon the amount due shall be assessed as damages and in-
cluded in the judgment against the collector.
§ 214. On or before the 30th day of September of each year the
county collectors, county superintendents of schools, township collectors,
and all other persons paying money into the hands of school treasurers
SCHOOLS. 401
for school purposes, shall notify in writing the presidents of school trus-
tees and the clerks of school directors of the amount paid into the
treasurers hands and the date of payment.
.§ 215. The county superintendent of schools shall apportion and dis-
tribute, under rules and regulations prescribed by the Superintendent
of Public Instruction, the principal of the county fund to the townships
and parts of townships in his county, according to the number of per-
sons under 21 years of age returned to him. rlhe principal of the
county fund so distributed shall be added to the principal of the town-
ship fund of the townships and parts of townships in his county. The
interest, rents, issues and profits, arising and accruing from 'the principal
of the county fund shall be distributed to the townships and parts of
townships in his county, as required by the provisions of this Act.
§ 216. All bonds, notes, mortgages, moneys and effects which have
accrued or may accrue from the sale of the sixteenth section of the
common school lands of any township, or from the sale of any real es-
tate or other property taken on any judgment or for any debt due to the
principal of any township fund, and all other funds of every description
which have been or may be carried to and made part of the principal of
any township fund, shall forever constitute the principal of the town-
ship fund; and no part thereof shall ever be distributed or expended
for any purpose whatever, but shall be loaned and held to use, rent or
profit, as provided by law. The interest, rents, issues and profits arising
and accruing from the principal of any township fund shall be distrib-
uted in the manner and at the times provided by this Act; nor shall any
part of such interest, rents, issues and profits be carried to the principal
of any township fund, unless it shall appear on . the first Monday in
October in any year that there is rent, interest, issues, profits or other
funds not required for distribution. In such case the amount not re-
quired for distribution may, in the discretion of the trustees of schools,
be added to the principal of the township fund and loaned as such.
SCHOOL LANDS.
§ 217. Section sixteen in every township, and the sections and parts
of sections granted in lieu of all or part of. such section, and also the
lands granted for the use of schools to the inhabitants of fractional town-
ships in which there is no section sixteen, or in case such section shall
not contain the proper proportion for the use of schools in such frac-
tional townships, shall be held as common school lands; and the pro-
visions of this Act referring to common school lands shall be deemed
to apply to them.
§ 218. All the business of a township, relating to common school
lands shall be transacted in the county which contains all or the greater
portion of such lands.
§ 219. The trustees of schools in townships in which section sixteen,
or other lands granted in lieu thereof, remain unsold, or which has title
to any other school lands whatsoever, may rent or lease the same for an
—26 L
402 SCHOOLS.
annual rent to be paid in money. The contract made by the president
and clerk, under the direction of the trustees of schools, with the lessee
or lessees, for the rent or lease of such lands, shall be in writing and shall
be filed with the records of the board, and a copy transmitted to the
county superintendent. In case of default in the payment of the rent,
the trustees shall at once proceed to collect the same by distress, or
otherwise, as may be provided by law for the collection of rents by land-
lords. No lease taken under the provisions of this Act shall be for a
longer period than five years, except when such lands are leased for the
purpose of having permanent improvements made thereon, as in cities and
villages. The provisions of this section shall not apply to cities having
a population of over one hundred thousand inhabitants.
§ 220. The trustees of schools of any township are hereby authorized
to sell and convey to any railroad company a right of way across any
school lands of such township, and necessary depot grounds.
§ 221. If any person shall, without being duly authorized, cut, fell,
box, bore, destroy Or carry away any tree, sapling or log standing or
being upon any school lands, such person shall forfeit and pay, for every
tree, sapling or log so felled, boxed, bored, destroyed or carried away,
the sum of eight dollars, which penalty shall be recovered with costs of
suit, by an action of debt or assumpsit, before any justice of the peace,
or in the county or circuit court, either in the corporate name of the
board of trustees of the township to which the land belongs, or by qui
tarn action in the name of any person who will first sue for the same.
One-half of the judgment secured in such action shall go to the person
suing and the other half to the township. When two or more persons
shall be concerned in- the same trespass, they shall be jointly and sever-
ally liable for the penalty herein imposed.
§ 222. Every trespasser upon common school lands shall be liable
to indictment, and, upon conviction, shall be fined three times the
amount of the injury occasioned by the trespass, and shall stand com-
mitted as in other cases of misdemeanor.
§ 223. All penalties and fines collected under the provisions of the
two preceding sections shall be paid to the township treasurer and be
added to the principal of the township fund.
§ 224. When the inhabitants of any township shall desire the sale
of tlie common school lands of such township, they shall present to the
county superintendent of the county in which the school lands of the
township or the greater part thereof lie, a petition for their sale. Such
petition shall be signed by at least two-thirds of the legal voters of the
township. The petition must be signed in the presence of at least two
adult citizens of the township, after the true meaning and purpose there-
of have been explained; and an affidavit must be affixed thereto by the
two citizens witnessing the signing, which affidavit shall state the num-
ber of inhabitants in the township 21 years of age and over, and the
petition so verified shall be delivered to the county superintendent for
his action thereon. In townships having a population of more than
10,000 inhabitants, such petition shall be signed by at least one-tenth
SCHOOLS. 403
of the legal voters of the township, and delivered to the county superin-
tendent at least fifteen days preceding the regular election of trustees,
or the date of a special election which may be called for such purpose;
and thereupon it shall be the duty of the county suDerintendent to notify
the voters of such township that an election for or against the proposi-
tion to sell common school lands of the township, or a portion thereof,
will be held at the next regular election of trustees, or at a special elec-
tion called for that purpose, by posting notices of such election in at
least ten of the most public places throughout such township, for at
least ten days before the date of such regular election, which notice may
be in the following form, to-wit :
ELECTION" EOR SALE OF COMMON SCHOOL LANDS.
Notice is hereby given that on the
day of , 1 .... , an election will be held at
for the purpose of voting "for" or "against" the proposition to sell
common school lands of the township, to-wit: (here insert 'description
of the lands).
The polls will be opened at o'clock m., and closed at
o'clock m.
A.. B
County Superintendent.
The ballots of such election shall be received and canvassed as in
other elections provided for in this Act, and returns of the results thereof
made to the county superintendent, and if two-thirds of the vote upon
such proposition shall have been cast in favor of the sale, the county
superintendent shall act thereon. No section shall be sold in any town-
ship containing fewer than 200 inhabitants; and common school lands
in fractional townships may be sold when the number of inhabitants
and the number of acres are in, or above, a ratio of 200 to 640, but not
before.
§ 225. Any fractional township not having the requisite number of
inhabitants to petition for the sale of school lands, which has not hereto-
fore been united with any township for school purposes, and which does
not contain a sufficient number of inhabitants to maintain a free school,
is hereby attached for school purposes, to the adjacent congressional
township having the longest territorial line bordering on such fractional
township, and all the provisions of this Act shall apply to such united
townships the same as though they were one and the same township.
§ 226. When the petition and affidavits are delivered to the county
superintendent, he shall notify the trustees of the township, who shall
immediately divide the land into tracts or lots, of such form and quan-
tity as will produce the largest sum of money, and cause a plat of the
same to be made with each lot numbered and defined so that its bound-
aries may be forever ascertained.
§ 227. In subdividing common school lands, no lot shall contain
more than eighty acres, and the division may be into town or village
404 SCHOOLS.
lots, with roads, streets or alleys between them and through the same;
and all such divisions are hereby declared legal and all such roads,
streets and alleys, public highways.
§ 228. After the school lands have been subdivided and platted,
the trustees of schools shall fix the value of each lot, certify to the cor-
rectness of the plat, stating in the certificate the value of each lot, and
describing it so that it may be identified ; which plat and certificate shall
be delivered to the county superintendent, and shall govern him in ad-
vertising and selling such lands.
§ 229. Upon receipt of the plat and certificate of valuation the
county superintendent shall advertise the sale of such land in lots, as
divided and platted, by posting notice thereof in at least six public
places in the county forty days before the day of sale, describing the
land and stating the time, place and terms of sale. Such notice shall
also be printed each week for four weeks before the day of sale in a
newspaper published in the county, and shall be in the following form,
to- wit :
NOTICE OF SALE.
Notice is hereby given that on the day of 1 . . . .
between the hours of 10 :00 o'clock a. m. and 6 :00 o'clock p. m., the
undersigned superintendent of schools of county, will sell
at public sale to the highest bidder, at the door of the court
house in (or on the premises), the following de-
scribed real estate, the same being a part of the school lands of town-
ship No range No as divided and platted by the trus-
tees of schools of said township, to- wit: (Here insert full and complete
description of said premises.) Said lands will be sold for cash in
hand, with the privilege to any purchaser of borrowing from the under-
signed the whole or part of the payment of his bid, for not less than
one nor more than five years, upon his paying interest and giving secur-
ity, as required in case of a loan obtained from the township fund.
Dated this day of 1 . . . .
a b :
County Superintendent.
§ 230. Upon the day of sale, the county superintendent shall- pro-
ceed to make sales as follows : He shall begin at the lowest numbered
lot and proceed regularly to the highest numbered, until they are all
sold or offered. No lot shall be sold for less than its valuation. The
sale may continue from day to day. Each lot shall be sold separately,
and offered long enough to enable any person present to bid who may
desire to do so.
§ 231. At the close of each day's sale the purchasers shall each
pay or secure the payment of the purchase money. In case of a failure
to do so by 10 :00 o'clock the succeeding day, the lot purchased shall
again be offered at public sale, on the same terms as before. If the sale
is or is not made the former purchaser shall be required to pay the
difference between his bid and the valuation of the lot, and in case of
SCHOOLS. 405
his failure to make such payment, the county superintendent may forth-
with institute an action of debt or assumpsit in his name, as superin-
tendent, for the use of the inhabitants of the township where the land
lies, for the 'required sum; and upon making' proof, shall be entitled to
judgment, with costs of suit which, when collected, shall be added to the
principal of the township fund.
§ 232. All lands not sold at public sale, as herein provided for,
shall be subject to sale at any time thereafter, at the valuation; and
the county superintendents are authorized and required, when in their
power, to sell all such lands at private sale, upon the terms at which
they were offered at public sale.
§ 233. In all cases in which common school lands have been valued
and have remained unsold for two years after having been offered for
sale in conformity to this Act, the trustees of schools where such lands
are situated may vacate the valuation thereof by an order to be entered
in book A of the county superintendent, and cause a new valuation to
be made, if in their opinion, the interests of the township will be pro-
moted thereby. They shall make the second valuation in the same man-
ner as the first, and shall deliver to the county superintendent a plat
of the land at such second valuation, with the order of vacation, to be
entered, as aforesaid; whereupon the county superintendent shall offer
the land for sale, as if no former valuation had been made. The second
valuation may be made by the trustees of schools without a petition.
"§ 234. Upon the completion of every sale the county superintendent
shall deliver to the purchaser a certificate of purchase including the
name and residence of the purchaser and the price and description of the
land.
§ 235. Every purchaser of common school lands shall be entitled to
a patent from the State, conveying and assuring the title. Patents
shall be issued by the Auditor of Public Accounts from returns made to
him by the county superintendent. They shall contain a description of
the land granted, and shall be in the name of and signed by the Gover-
nor, countersigned by the Auditor, with the great seal of State affixed
thereto by the Secretary of State, and shall operate to vest in the pur-
chaser a perfect title in fee simple. When patents are executed as herein
required, the Auditor shall note on the list of sales the date of each
patent, in such manner as to perpetuate the evidence of its date and
delivery, and thereupon transmit the same to the county superintendent
of the proper county, to be by him delivered to the patentee, his heirs
or assigns, upon the return of the original certificate of purchase, which
certificate, when returned, shall be filed and preserved by the county
superintendent; and all such patents so issued by the State for school
lands, or duly certified copies thereof from any record legally made,
shall, after a lapse of ten years from the date of such patent, and such
sale having been acquiesced in for ten years by the inhabitants of the
township in which the land so conveyed may be situated, be conclusive
evidence as to the legality of the sale, and that the title to such land was,
at the date of the patent, legally vested in the patentee.
406 SCHOOLS.
§ 236. Purchasers of common school lands, and their heirs or as-
signs, may obtain certified copies of certificates of purchase and patents,
upon filing affidavit with the county superintendent in respect to certifi-
cates, and with the auditor in respect to patents, proving the loss or de-
struction of the originals ; and such copies shall have the force and effect
of originals.
§ 237. The trustees of schools are hereby authorized to dedicate to
public use, for street and highway purposes, as much of the unimproved
common school lands as may be necessary to open or extend any street
or highway which may be ordered by the municipal authorities to be
opened or extended, if they shall be of the opinion that the benefit to
accrue from the opening or extending of such street or highway will
compensate for the strip so dedicated. It shall not be lawful for any
street or other railroad to lay tracks on any strip of the common school
lands so dedicated, or use the same or any part thereof for railroad or
street railroad purposes, except nipon the purchase or lease .of the land
from the proper authorities, or upon payment to the school fund of the
township of the value of such use or land, the same as if no street or
highway had been laid out thereon, to be determined by condemnation
proceedings. This section shall not in any way affect existing leas.es
or contracts for the lease or purchase of common school lands.
FINES, FORFEITURES AND PENALTIES.
§ 238. All fines, forfeitures and penalties imposed or incurred in
any of the courts of record, or before any justice of the peace of the
State, except fines, forfeitures and penalties incurred or imposed in in-
corporated towns or cities for the violation of the by-laws or ordinances
thereof, shall, when collected, be paid to the county superintendent of
schools of the county wherein such fines, forfeitures or penalties have
been imposed or incurred, and the county superintendent of schools
shall give his receipt therefor to the person from whom such fine, for-
feiture or penalty was received.
§ 239. It shall be the duty of the State's attorneys of the several
counties to enforce the collection of all fines, forfeitures and penalties
imposed or incurred in the courts of record of their respective counties,
and to pay the same to the county superintendent of the county wherein
the same have been imposed or incurred, retaining therefrom the fees
and Commissions allowed them by law.
§ 240. It shall be the duty of the justices of the peace to enforce
the collection of all fines, forfeitures and penalties imposed by them;
and to pay the same to the county superintendent of the county in which
the same were imposed.
§ 241. Clerks of courts of record, State's attorneys and all justices
of the peace shall report, under oath, to the county court of their respec-
tive counties, by the first of March, annually, the amount of such fines,
forfeitures and penalties imposed or incurred in their respective courts,
and the amount of such fines, forfeitures and penalties collected by
SCHOOLS. 407
them, giving each item separately; and if any such officer has collected
no such fines, forfeitures or penalties he shall make affidavit to such
fact, and file the same with the county superintendent. The judges of
the county court shall inspect the said -reports, and may hear evidence
thereon, and if found correct and truthful, shall enter an order approv-
ing such report, and directing that any moneys in the hands of such
officers so reporting shall be paid over to the superintendent of schools.
If the court shall not approve such report, he may order another one
to be made, and upon a failure to comply with the order of the court,
or to make a satisfactory report, the court may state an account and
enter an order to pay over, as herein provided. The court, for all pur-
poses for carrying out the provisions of this section, shall have power to
examine books and papers as provided in section 240 of this Act, and
shall have power to issue subpoenas for both books and persons. No
report shall be approved until the court shall have given the superin-
tendent five days' notice of the same, and the superintendent shall be
allowed to inspect the report, and may be heard by the court concern-
ing the same. The officers charged with the collection of fines, forfeit-
ures and penalties, the said clerks, State's attorneys and justices of the
peace, for a failure to make such report, shall be liable to a fine of twenty-
five dollars for each offense, such fine to be recovered in a civil action,
before any court, at the suit of the county superintendent of schools of
the proper county.
§ 242. For a failure to pay any fine, forfeiture or penalty, on de-
mand, to the person who is by law authorized to receive the same, the
officer or person having collected the same, or having the same in his
possession or control, shall forfeit and pay double the amount of such
fine, forfeiture or penalty, to be recovered before any court having juris-
diction thereof, in a qui tarn action, one-half to be paid to the informer
and one-half to the distributive fund of the proper county.
§ 243. In case any clerk of a court of record, State's attorney or
justice of the peace shall fail to make the report provided for in section
238 of this Act, the county court shall have power, and it is hereby made
the duty of the judge of said court, to examine all records pertaining to
the office of such delinquent officer and enforce the payment of what-
ever sum may be found due the school fund from such delinquent officer.
For the purpose of making such examination, the county court shall
have the right to call for any paper or papers, docket, fee book or other
record belonging to the office of such delinquent officer, and in case
such delinquent officer fails or refuses to furnish such paper, docket,
fee book or other record for the inspection or use of such county court,
he shall forfeit the sum of one hundred dollars, to be recovered in an
action of debt or asumpsit, before any court of this State having juris-
diction of the actions of debt and assumpsit, and such penalty, when col-
lected, shall be paid into the distributive fund of the proper county.
408 SCHOOLS.
LIABILITY OF SCHOOL OFFICERS.
§ 244. When the county superintendent of schools of any county
shall notify the trustees of schools of a township, in writing, that the
motes, bonds, mortgages or other evidences of indebtedness which have
been taken officially by the township treasurer, are not in proper form1,
or that the securities which he has taken are insufficient, it shall be the
duty of the trustees to take at once such action as may be necessary to
protect the property or fund of the township and the district. For a
failure or refusal to take such action within twenty days after such
notice, the trustees of schools, each in his individual capacity, shall be
liable to a fine of not less than twenty-five nor more than one hundred
dollars to be recovered before any justice of the peace, or information
in the name of the People of the State of Illinois, provided such insuffi-
ciency is proven, and, when collected, such fine shall be paid to the
county superintendent of the proper county for the use of the schools.
The payment of this fine shall not relieve the board of trustees from
any civil liability they may have incurred from such neglect of duty.
§ 245. When a change shall be made in the boundaries of a school
district, and a written statement of such change shall be delivered to
the county clerk, it shall be the, duty of the county clerk to file such
statement and all papers relating thereto and record them. And in case
of a neglect or failure to do so the said county clerk shall be liable to
a penalty of twenty-five dollars, to be recovered by an action of debt?
before any justice of the peace, at the suit of the county superintendent,
for the benefit of the school fund of the county.
§ 246. Trustees of schools shall be liable, jointly and severally, for
the sufficiency of securities taken from township treasurers; and in case
of judgment against any treasurer and his securities for or on account
of any default of such treasurer, on which the money shall not be made
for want of sufficient property whereon to levy execution, action on the
case may be maintained against the trustees, jointly and severally, and
the amount not collected on the judgment shall be recovered with costs
of suit from such trustees. If the trustees can show, satisfactorily, that
the security taken from the treasurer, was, at the time it was taken, good
and sufficient, they shall not beliable.
§ 247. If the trustees of schools shall fail to observe the provisions
of this Act in reference to the distribution of funds and property when
a new district is formed, they shall be individually and jointly liable
to the district interested, in an action on the case, to the full amount
of the damages sustained by the district aggrieved. When trustees have
heretofore failed to make the distribution of property to districts, as
provided by this Act, the district interested in such distribution may,
by its directors, request the trustees in writing to make such distribu-
tion; and the trustees shall make it in the manner prescribed, and shall
be liable, as herein stated, for the neglect or failure to do so.
§ 248. The clerk of any board of trustees who shall fail, neglect or
refuse to perform the duties imposed upon him by this Act, within the
SCHOOLS. 409
time or in the manner prescribed, shall, for each offense, forfeit not
less than ten dollars, nor more than twenty-five dollars, of his pay as
clerk of the trustees of schools and township treasurer, which forfeiture
shall be enforced by the trustees.
§ 249. For a failure on the part of the treasurer, clerk of any board
of directors, or any director, to comply with any of the requirements of
this Act, he shall be liable to a penalty of not less than five dollars nor
more than fifty dollars, to be recovered before any justice of the peace
of the county in which the offense is committed.
§ 250. For any failure or refusal to perform all the duties required
of the township treasurer by law, he shall be liable to the trustees of
schools, upon his official bond, for all damages sustained, to be recovered
by action of debt by the trustees for the use of the township, before any
court having jurisdiction of the amount of damages claimed; but if the
treasurer, in any failure or refusal, acted under and in conformity to a
requisition or order of the trustees of schools, or a majority of them,
entered upon their journal and subscribed by their president and clerk,
then, and in that case, the trustees of schools or those voting for such
requisition or order, and not the treasurer, shall be liable, jointly and
severally, to the inhabitants of the township for such damages, to be
recovered by an action of assumpsit in the official name of the county
superintendent of schools, for the use of the townshios : Provided,, how-
ever, that the township treasurer shall be liable for any part of the
judgment obtained against the trustees of schools which cannot be col-
lected on account of their insolvency.
§ 251. If judgment shall be obtained against any trustee of schools
or directors, the party entitled to the benefit of such judgment may have
execution therefor as follows : The court in which such judgment shall
be obtained, or to which such judgment may be removed by transcript
or appeal from a justice of the peace, or other court, shall issue a writ
commanding the directors, trustees and treasurer of such township to
cause the amount thereof, with interest and costs, to be paid to the party
entitled to the benefit of such judgment, out of any moneys of such
township or district unappropriated, or if there be no such moneys, out
of the first moneys applicable to the payment of the kind of services
or indebtedness for which such judgment shall be obtained, which shall
be received for the use of such township or district, and to enforce obedi-
ence to such writ by attachment, or by mandamus, requiring such board
to levy a tax for the payment of such judgment; and all legal processes,
as well as writs to enforce payment, shall be served either on the presi-
dent or the clerk of the board.
§ 252. Trustees of schools, or either of them, failing or refusing to
make returns of children in their township according to the provisions
of this Act, or if either of them shall knowingly make a false return,
the party so offending shall be liable to a penalty of not less than ten
dollars nor more than one hundred dollars, to be recovered by an action
of assumpsit before any justice of the peace of the county; which pen-
alty, when collected, shall be added to the distributive fund of the town-
ship in which the trustees reside.
410 SCHOOLS.
§ 253. If the judges of a school election called for any legal pur-
pose shall fail or neglect to deliver a copy of the poll book of any such
election, with a certificate thereon showing the results of such election,
to the officer to whom such return shall be made, within ten days after
such election, they shall be severally liable to a penalty of not less than
twenty-five dollars nor more than one hundred dollars, to be recovered
in the name of the People of the State of Illinois, by an action of debt
before any justice of the peace of the county. The penalty, when col-
lected, shall be added to the distributive fund of the township.
§ 254. If the school directors of any district in this State shall fail
to examine and deliver to the township treasurer on or before the seventh
day of July, annually, all teachers' schedules made and certified as re-
quired by law, and covering the time taught during the school year
ending June 30, they shall be personally liable to the district for any
and all loss sustained by it through their failure to do so.
§ 255. Any director who shall be interested in a contract made by
the board of which he is a member shall be liable to indictment, and
upon conviction shall be fined in a sum not less than twenty-five dollars
and not more than five hundred dollars, and may be imprisoned in the
county jail not less than one nor more than twelve months, at the dis-
cretion of the court.
§ 256. For any failure to comply with the requisitions of section 97
of this Act, the treasurer or other person neglecting or refusing shall
be liable to a penalty of not less than ten nor more than one hundred
dollars, at the discretion of the court before which judgment may be ob-
tained, to be recovered in an action of debt before any justice of the
peace, for the benefit of the distributive fund of such township: Pro-
vided, lioioever, that the obtaining or payment of such judgment' shall
in no wise discharge or diminish the obligations of the persons signing
the official bond of such township treasurer.
§ 257. If any county superintendent, trustee of schools, township
treasurer, director or any other person entrusted with the care, control,
management or disposition of any school, college, seminary or township
fund for the use of any county, township, district or school, shall con-
vert such funds, or any part thereof, to his own use, he shall be liable
to indictment, and upon conviction, shall be fined in a sum not less
than double the amount of money converted to his own use, and im-
prisoned in the county jail not less than one nor more than twelve
months, at the discretion of the court.
§ 258. The real estate of county superintendents, of township treas-
urers, and all other school officers, and of the securities of each of them,
shall be bound for the satisfaction and payment of all claims and de-
mands against such superintendents, treasurers and other school officers
as such from the date of issuing process against them, in actions or suits
brought to recover such claims or demands until satisfaction thereof be
obtained ; and no sale or alienation of real estate, by any superintendent,
treasurer or other officer or security, shall defeat the lien created by this
SCHOOLS. 411
section, but all and singular such real estate held, owned or claimed,
shall be liable to be sold in satisfaction of any judgment which may be
obtained in such actions or suits.
§ 259. If any county superintendent, trustee, director, or other offi-
cer whose duty it is, shall negligently or wilfully fail or refuse to make,
furnish or communicate statistics and information, or shall fail to dis-
charge the duties enjoined upon them, or either of them, at the time and
in the manner required by the provisions of this Act, he shall be liable
to a fine of not less than twenty-five dollars, to be recovered before any
justice of the peace at the suit of any person, on information in the
name of the People of the State of Illinois, and when collected, the fine
shall be paid to the county superintendent of schools.
§ 260. jSTo state,, county, township or district school officer, or teacher
shall be interested in the sale, proceeds or profits of any book, apparatus
or furniture used or to be used in any school in this State with which
such officer or teacher may be connected; and for offending against the
provisions of this section such State, county, township or district school
officer or teacher shall be liable to indictment, and upon conviction shall
be fined not less than twenty-five nor more than five hundred dollars,
and may be imprisoned in the county jail not less than one nor more
than twelve months, at the discretion of the court.
§ 261. Any school officer or officers, or any other person, who shall
exclude or aid in excluding from the public schools, on account of color,
any child who is entitled to the benefits of such school, shall be fined,
upon conviction, not less than five nor more than one hundred dollars.
§ 262. Any person who shall, by threats, menace or intimidation,
prevent any colored child entitled to attend a public school in this
State from attending such school shall upon conviction, be fined not ex-
ceeding twenty-five dollars.
§'263. No county, city, town, township, school district or other
public corporation shall make any appropriation, or pay from any school
fund whatever, anything in aid of any church or sectarian purpose, or
to support or sustain any school, academy, seminary, college, university
or other literary or scientific institution controlled by any church or sec-
tarian denomination whatever; nor shall any grant or donation of money,
or other personal property, be made by any such corporation to any
church or for any sectarian purpose. Any officer, or other person having
under his charge or direction school funds or property, who shall per-
vert the same in the manner forbidden in this section shall be liable to
indictment, and upon conviction, shall be fined in a sum not less than
double the value of the property so perverted, and imprisoned in the
county jail not less than one nor more than twelve months, at the dis-
cretion of the court.
§ 264. County superintendents, trustees of schools, township treas-
urers and directors, or either of them, or any other officer having charge
of school funds or property, shall be pecuniarily responsible for all losses
sustained by any county or township fund, by reason of any failure on
his or their part to perform the duties required of him or them by the
provisions of this Act, or by any rule or regulation authorized to be made
412 SCHOOLS.
by the provisions of this Act, and each and every one of the officers
aforesaid shall be liable for any such loss sustained as aforesaid, and
the amount of such loss may be recovered in a civil action brought in
any court having jurisdiction thereof, at the suit of the State of Illinois,
for the use of the county, township or fund injured; the amount of the
judgment obtained in such suit shall, when collected, be paid to the
proper officer for the benefit of the county, township or fund injured.
MISCELLANEOUS.
§ 265. All school officers elected in pursuance of any general law
now in force shall hold their respective offices until their successors are
elected and qualified under the provisions of this Act.
§ 266. Trustees of schools, school directors or other school officers
performing like duties, shall receive no pecuniary compensation, but
they shall be exempt from road labor and military duty during their
term of office.
§ 267. No justice of the peace, constable, clerk of any court, sheriff
or coroner shall charge any costs in any suit in which any school officer,
school corporation or any agent of any school fund, suing for the re-
covery of the same, or any interest due thereon, is plaintiff and shall be
unsuccessful in such suit ; nor in case the costs cannot be recovered from
the defendant by reason of the insolvency of such defendant.
§ 268. No person shall vote at any school election held under the
provisions of this Act who does not possess the qualifications of a voter
at a general election.
§ 269. Any woman who has attained the age of twenty-one years,
and who possesses the qualifications prescribed, shall be eligible to any
office under the general or special school laws of this State.
§ 270. Any woman who is a citizen and has attained to the age of
21 years, who shall have resided in the State one year, in the county
ninety days and in the election district thirty days preceding any elec-
tion held for the purpose of choosing any school officer under the gen-
eral or special school laws of this State, shall be entitled to vote at such
election, when registered in the manner provided by law. If the election
of school officers shall occur at the time other public officers are elected,
the ballot offered by any woman shall contain only the names of candi-
dates for school officers. Such ballots shall be deposited in a separate
ballot box, but canvassed with other ballots cast for school officers at
such election.
§ 271. The Governor shall, annually, in the spring, designate by
official proclamation, a day or days to be known as "Arbor and Bird day,"
to be observed throughout the State as a day for planting trees, shrubs
and vines about the homes and along highways, and about public grounds
within this State, and as a day on which to hold appropriate exercises
in the public schools and elsewhere, tending to show the value of trees
and birds and the necessity for -their protection.
§ 272. The proceedings of the State Teachers' Association, when
approved by the Superintendent of Public Instruction, shall be printed
SCHOOLS. 413
and bound by the Secretary of State, on the same terms as the proceed-
ings of State boards, and the Auditor of Public Accounts shall draw
his warrant therefor on the State Treasurer to be paid out of the ap-
propriation for printing, upon a voucher properly certified by the Board
of Commissioners of State Contracts.
§ 273. The nature of alcoholic drinks and other narcotics and their
effects on the human system shall be taught in connection with the
various divisions of physiology and hygiene, as thoroughly as are other
branches, in all schools under State control, or supported wholly or in
part by public money, and also in all schools connected" with reformatory
institutions. All pupils in the above mentioned schools, below the
second year of the high school and above the third year of school work,
computing from the beginning of the lowest primary year, or in cor-
responding classes of ungraded schools, shall be taught and shall study
this subject every year from suitable text books in the hands of all
pupils, for not less than four lessons a week for ten or more weeks of
each year, and must pass the same tests in this as in other studies. In
all schools above mentioned all pupils in the lowest three primary school
years, or in corresponding classes in ungraded schools, shall each year be
instructed in this subject orally for not less than three lessons a week
for ten weeks in each year, by teachers using text books adapted for such
oral instruction as a guide and standard. The local school authorities
shall provide needed facilities and definite time and place for this branch
in the regular courses of study. The text books in the pupils' hands shall
be graded to the capacity of the fourth year, intermediate, grammar and
high school pupils, or to corresponding classes as found in ungraded
schools. For students below high school grade such text books shall give
at least one-fifth their space, and for students of high school grade shall
give not less than twenty pages, to the nature and effects of alcoholic
drinks and other narcotics. The pages on this subject, in a separate
chapter at the end of the book, shall not be counted in determining the
minimum. In all normal schools, teachers' training classes and teachers'
institutes, adequate time and attention shall be given to instruction in
the best methods of teaching this branch, and no teacher shall be
licensed who has not passed a satisfactory examination in this subject
and the best methods of teaching it. Any school officer or officers who
shall neglect or fail to comply with the provisions of this section shall
forfeit and pay for each offense the sum of not less than five dollars nor
more than twenty-five dollars.
§ 274. Every person having control of any child between the ages
of seven and sixteen years, shall annually cause such child to attend some
public or private school for the entire time during which the school at-
tended is in session, which shall not be less than six months of actual
teaching: Provided, Uoivever, that this Act shall hot apply in case the
child has been or is being instructed for a like period in each and every
year in the elementary branches of education by a person or persons
competent to give such instruction, or in case the child's physical or
mental condition renders his or her attendance impracticable or inex-
pedient, or in case the child is excused for temporary absence for cause
414 SCHOOLS.
by the principal or teacher of the school which said child attends, or
in case the child is between the -ages of fourteen and sixteen years and is
necessarily and lawfully employed during the hours when the public
school is in session. For every neglect of the duty prescribed by this
section, the person so offending shall forfeit to the use of the public
schools of the city, town or district in which such child resides, a sum
not less than five dollars nor more than twenty dollars and costs of suit,
and shall stand committed until such fine and costs of suit are fully
paid.
§ 275. The board of education or the board of school directors, as
the case may be, shall appoint at the time of election of teachers one or
more truant officers whose duty it shall be to report all violations of the
preceding section to the board of education or board of directors and to
enter complaint against and prosecute all persons who shall appear to
be guilty of such violation. It shall also be the duty of the truant officer
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 him-
self or herself from school, and to place him or her in charge of the
teacher 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 teacher
of the public school. And it shall be the duty of said teacher 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 appointing him, which compensation
shall be paid from the distributive fund of the district: Provided,
however, that nothing herein shall prevent the parent, guardian or per-
son having charge of such truant child, which has been placed in any
school by the truant officer, to send- said child to any other school which
said child is by law entitled to attend. Any person having control of a
child, who, with intent to evade the provisions of this section, shall make
a false statement concerning the age or the employment of such child
or the time such child has attended school, shall for such offense forfeit
a sum of not less than three dollars nor more than twenty dollars for
the use of the public schools of the district.
§ 276. This Act shall not be construed so as to repeal or change, in
any respect, any special Act in relation to schools in cities having a
population of fewer than 100,000 inhabitants, or cities, townships or
districts, except that in every such city, township or district the limit
of taxation for educational and building purposes shall be the same as
that fixed in section 189 of this Act; and except that it shall be the duty
of the several boards of education or other officers of any city, township
or district, having in charge schools under the provisions of any special
Act or Acts, on or before the 15th day of July preceding each session
SCHOOLS. 415
of the General Assembly of this State, or annually, if required so to do
by the Superintendent of Public Instruction, to report statistics and
other information relating to schools, and the enumeration of persons
as required of trustees of schools or directors, under the provisions of
this Act, or so much thereof as may be applicable to such city, township
or district, to the county superintendent of the county in which such
city, township or district is situated; nor shall it be lawful for the
county superintendent, or any other officer or person, to pay over any
poition of the common school fund to any local treasurer, school agent,
clerk, board of education or other officer or person of any city, town-
ship or district, unless a report of the number of persons, and other sta-
tistics relating to schools, and such other information as may be required
by the trustees of schools or school directors, and other school officers
pud teachers, under the provisions of this Act, shall have been filed with
the superintendent of the proper county.
KEPEAL AND EMERGENCY.
§ 277. An Act to establish and maintain a system of free schools,
approved May 21, 1889, as amended, is hereby repealed.
§ 278. Whereas, An emergency exists, this Act shall take effect
from and after its passage.
Approved June 12, 1909.
MORAL AND HUMANE EDUCATION.
§ 1. Duties of teachers. I § 4. Programs for annual meetings.
•
§ 2. Time devoted. I § 5. Reports — penalty.
§ 3. Experiments upon animals. I
(House Bill No. 21. Approved June 14, 1909.)
An Act to provide for moral and humane education in the public schools
and to prohibit certain practices inimical thereto.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That it shall be the duty of every
teacher of a public school in this State to teach to the pupils thereof
honesty, kindness, justice and moral courage for the purpose of lessen-
ing crime and raising the standard of good citizenship.
§ 2. In every public school within this State not less than one-half
hour of each week, during the whole of each term of school, shall be de-
voted to teaching the pupils thereof kindness and justice to and humane
treatment and protection of birds and animals, and the important part
they fulfill in the economy of nature. It shall be optional with each
teacher whether it shall be a consecutive half-hour or a few minutes
daily, or whether such teaching shall be through humane reading, daily
incidents, stories, personal example or in connection with nature-study.
§ 3. No experiment upon any living creature for the purpose of
demonstration in any study shall be made in any public school of this
State. No animal provided by, nor killed in the presence of any pupil
of a public school, shall be used for dissection in such school, and in
416
SCHOOLS.
no case shall dogs or cats be killed for such purposes. Dissection of
dead animals, or any parts thereof, shall be confined to the class room
and shall not be practiced in the presence of any pupil not engaged in
the study to be illustrated thereby.
§ 4. The Superintendent of Public Instruction of this State and the
committee in charge of preparing the program for each annual meeting
of the Illinois State Teachers' Association shall include therein moral
and humane education. The superintendent of schools of each county
and of each city shall include once each year moral and humane educa-
tion in the program of the teachers' institute which is held under his or
her supervision.
§ 5. The principal or teacher of each public school shall state briefly
in each of his or her monthly reports whether the provisions of this Act
have been complied with in the school under his or her control. No
teacher who knowingly violates any provision of sections 1, 2 or 3 of
this Act shall be entitled to receive more than 95 per cent of the public
school moneys that would otherwise be due for services for the month
in which such provision shall be violated. This Act shall applv to com-
mon schools only and shall not be construed as requiring religious or
sectarian teaching.
Appeoved June 14, 1909.
TEXT BOOKS
1. Official samples and prices —
filing fee.
2. Publisher's sworn statement.
3. Bond and license of publisher
— violations.
4. Pools — bribery — revocation
license.
of
5. List of accredited books, etc.,
furnished to school authorities
• — bids — bonds.
(Senate Bill No. 27
§ 6
§ 7
§ 8
§ 9
§ 10
Advertising for bids — contracts.
Terms and conditions of con-
tracts.
Excessive prices — penalty.
Change of books — when made.
Contracts for change of books.
Filed June 16, 1909.)
■An Act in relation to the adoption, use and price of public school text
books in the free public schools of this State.
Section 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly: That the publisher of any text
book who desires to offer the same for sale for use in the public schools
of this State shall file two official sample copies of said text hook in the
office of the Superintendent of Public Instruction, together with the list
price and the wholesale and retail prices at which the said text book is
to be offered for sale in this State. The said publisher shall also file
with the, Superintendent of Public Instruction a written agreement to
furnish said text book at the wholesale price so filed to the directors of
any public school district, or to any board of education, or to any mer-
chant, or dealer, and at the retail price so filed to any patron of the
public schools ; the said written agreement shall contain the further
guarantee that all books offered for sale and sold in this State shall
SCHOOLS. • 417
correspond to the official sample copies deposited with the Superintend-
ent of Public Instruction, and shall be equal in quality to said official
sample copies as regards text, paper, binding, printing, illustration and
all other points affecting; the educational and commercial value of said
text books. For every text book deposited with the Superintendent of
Public' Instruction, the publisher shall pay to the State treasury a fee
of $10.00, to constitute a fund to be used by the Superintendent of Pub-
lic Instruction to defray the expenses of printing and distributing lists
of accredited text books and information relating thereto, and for other
expenses incident to the filing and listing of text books, and the licens-
ing of publishers, as hereinafter provided : Provided, always, that the
Superintendent of Public Instruction shall not in any case license any
publisher, and no directors of any school district or any board of educa-
tion shall contract with any publisher or publishers for the furnishing
of any public school text book or text books which shall be sold at retail
prices to patrons,' for use in the public schools of this State, at a price
or prices above, or in excess of, the following prices, which shall include
all charges whatsoever:
Primer fifteen (15) cents
First reader fifteen (15) cents
Second reader twenty (20) cents
Third reader twenty-five (25) cents
Fourth reader thirty (30) cents
Fifth reader thirty- five (35) cents
Spelling book fifteen (15) cents
Elementary arithmetic thirty (30) cents
Complete arithmetic forty-five (45) cents
Elementary geography thirty-five (35) cents
Complete geography seventy-five (75) cents
Elementary English grammar twenty-five (25) cents
Complete English grammar . . .forty (40) cents
Elementary physiology thirty (30) cents
Complete physiology fifty (50) cents
Elementary United States history forty (40) cents
Complete United States history seventy (70) cents
Physical geography eighty (80) cents
Copy book five (5) cents
Civics book fifty (50) cents
§ 2. At the time of the filing by the publisher of the official sample
copies, prices, agreements and statements provided for in the preceding
section, the said publisher shall file at the office of the Superintendent
of Public Instruction a sworn statment to the effect that he has no
understanding, agreement or arrangement of any kind whatsoever with
arfy other publisher, or any interest in the business of any other pub-
lisher, with the effect, design, or intent to control the prices of school
text books, or to restrict competition in the adoption or sale thereof in
this State. Before having the authority to sell text books in this State
the publishers thereof shall file at the office of the Superintendent of
—27 L
418 SCHOOLS.
Public Instruction a sworn statement showing the ownership of said
publishing house, with the interest, names and addresses of all owners
or persons interested therein, and specifically stating whether said pub-
lisher, or the owner of any interest or share or the recipient of any of
the profits of such publishing house is the owner of any interest or share
in or the recipient of any profits of any other publishing house, and if
so, giving the name and address thereof.
§ 3. When any school text book has been deposited with the Super-
intendent of Public Instruction, the fee paid, the agreement made, and
the other provisions of this Act complied with, said publisher shall file
with the Superintendent of Public Instruction a bond in the penal sum
of five thousand dollars ($5,000), guaranteeing a compliance with the
agreement filed with said text book, and the payment of any damages
which may accrue on the violation thereof, and the Superintendent of
Public Instruction shall thereupon cause the said text book to be entered
upon the list of public school text books permitted to be used in the
public schools of the State, and the Superintendent of Public Instruc-
tion shall further issue a license to the said publisher to sell said text
book for use in the public schools of this State. If in any case the said
publisher shall violate in any particular the agreement so filed with
the said text book, or shall furnish books inferior in quality to the sam-
ple deposited with the Superintendent of Public Instruction, or shall
demand, charge or accept higher prices than the prices agreed upon, said
publisher shall be liable for each such act to a penalty in the sum of
$2,000, to be recovered in a suit on said bond brought by the iUtorney
General in the name of the State.
§ 4. If at any time any publisher of school text books shall enter into
any pool, understanding, agreement or combination to control the prices..
or restrict competition in the adoption or sale of public school text books
in this State, or if the statements required of and made by said publisher
are untrue in any matter, or if said publisher, or his agent, or represen-
tative shall give, or offer to give directly or indirectly, to any public
school officer, or teacher, any money, gift, property, position, remunera-
tive work, or favor of any kind whatsoever to induce the adoption or
purchase of the public school text books of said publisher, or to bring
about the rejection of the school text books of another publisher, then
his license shall be revoked by the Superintendent of Public Instruction,
and his school text books omitted from the list of licensed school text
books, and all contracts with said publisher may be nullified at the option
of the other parties thereto.
§ 5. The Superintendent of Public Instruction shall during the
month of February each year furnish each county superintendent of
schools and each board of school directors and board of education in the
State a list of the publishers who have conformed to the requirements
of this Act, with a list and description of the school text books which
have been accredited, with the list prices, and the wholesale and retail
prices of said books. Before entering into any contract with any board
of education or board of directors, the publishers shall furnish the
county superintendent of schools and the secretary of the board of edu-
SCHOOLS. 419
cation or board of directors in whose jurisdiction the contract is sought
with a duplicate printed list of the school text books filed by him with
the Superintendent x>i Public Instruction, together with the list prices
and the lowest wholesale and retail prices shown on the statement filed
therewith, with samples of the school text books in said list referred to and
said lists and samples shall be preserved as a part of the records of the
secretary of the said board of education or board of directors, together
with the bid of the publisher, to be delivered by the secretary to his
successor, and shall be kept in such safe and convenient manner as to be
at all times open to the inspection of school officers, school teachers, and
school patrons who may desire to examine the same, or to compare them
with others. The board of education or b6ard of directors may require
any person or persons with whom they may contract for furnishing text
books to enter into a good and sufficient bond, in such sum and under
such conditions and sureties as may be required by such board, for the
faithful performance of any such contract.
§ 6. Before adopting for use in the public schools under their respec-
tive jurisdictions any school text books under the provisions of this
Act, it shall be the duty of each board of education or board of directors
to advertise for bids by publishing a notice once a week for three con-
secutive weeks in one or more newspapers of general circulation published
in the city or district; said notice shall state the time up to which said
bids will be received, the time at which they will be opened, which must
be at an open meeting of the board of education or board of directors;
said notice shall also state the classes and grades for which the text
books are to be bought, and the approximate quantity needed; and the
said- board shall award the contract for said text books to any respon-
sible bidder or bidders offering suitable licensed text books at the lowest
prices, taking into consideration the quality of the material used, illus-
trations, binding, printing, authorship, and. all other things that go to
make up a desirable text book : Provided, that the said board may reject
any and all bids, or any part thereof, and re-advertise therefor, as above
provided.
§ 7. It shall be a part of the terms and conditions of every contract
made in pursuance of this Act that the State of Illinois, or any board of
education or directors, shall not be liable to any contractor hereunder
for any sum whatever ; but all such contractors shall receive their com-
pensation solely arid exclusively from the proceeds of the sale of the
books, as provided by this Act.
§ 8. Any publisher, merchant, dealer or other person or persons who
shall directly or indirectly demand or receive any money for any school
text book or books in excess of the prices for such book or books filed
with the Superintendent of Public Instruction, as hereinbefore provided,
shall be deemed guilty of a misdemeanor, and-uipon conviction thereof
shall be fined in any sum not less than twenty-five nor more than five
hundred dollars, to which may be added imprisonment in the county jail
for a term not exceeding sixty days.
420
SCHOOLS — STATE ENTOMOLOGIST.
§ 9. Text books shall not be changed more often than once in five
years. Text books shall not be changed in the middle of a school year,
but all changes shall go into effect at the beginning of the first term
of school after the summer vacation.
§ 10. If [in] the adoption of school text books, it shall be the duty
of the board of education or the board of directors to take into consid-
eration the text books then in use in the public schools in their respec-
tive districts, and in making contracts for a change of books they shall
require publishers or" contractors to take up in part exchange the books
then in use for at least fifty per cent of the original price paid by the
pupil for the books.
Filed June 16, 1909.
The Governor having failed to return this bill to the General Assembly during its
session, and having failed to file it in my office, with his objections, within ten days
after the adjournment of the General Assembly, it has thereby become a law.
Witness my hand this 16th day of June, A. D. 1909.
James A. Rose,
Secretary of State.
STATE ENTOMOLOGIST.
SAN JOSE! SCALE AND OTHER DANGEROUS INSECTS.
Amends sections 2, 3 and 5, Act
of 1907.
§ 3.
Shipping trees, shrubs,
etc. — label — certifi-
cate of inspector — •
report to State En-
tomologist.
§ 5. Penalties — prosecutions.
§ 2. What declared nuisance
— inspection of prop-
erty, etc. — free ac-
cess— notice — cost of
abatement — appeal,
etc.
(Senate Bill No. 225. Approved June 3, 1909.)
An Act to amend sections 2, 3 and 5 of an Act entitled, "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" filed June -4., 1907, in force
July 1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly : That sections 2, 3 and 5 of an Act
entitled, "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," filed June 4, 1907,
in force July 1, 1907, be amended to read as follows :
§ 2. That all gardeners, horticulturists, nurserymen, superintendents
of public parks, and other growers of or dealers in plants of any kind
upon their own lands, upon leased lands or premises, or upon public
parks or highways shall free and keep freed all plants, shrubs, trees,
vines, cuttings, scions, buds, stocks or other plant parts grown, cultivated,
or dealt in by them, from1 all injurious insects and fungus pests, which
are liable to spread from the plants or premises infested to other plants
on the public highways or upon lands belonging to other owners, and
all plants, shrubs, trees, or parts of such so infested are hereby declared
to be a nuisance to be abated as hereinafter prescribed; and their main-'
STATE ENTOMOLOGIST. 421
ienance, after notice as hereinafter set forth, is hereby declared a mis-
demeanor punishable as provided in section 5 of this Act. If the State
Entomologist shall have reason to suppose that any nursery, orchard,
fruit plantation, or other property or place in this State, is infested by
dangerous insects or infected with contagious plant disease, he shall have
power to inspect or to cause to be inspected, from time to time, such nur-
sery, orchard, fruit plantation, or other property, and for the purposes
of such inspection he and his assistants are authorized, during reasonable
business hours, to enter into or upon any farm, orchard, nursery, garden,
storehouse, or other building or place used for the growing, storage, pack-
ing or sale of trees, plants or fruits ; and if the State Entomologist shall
find, by inspection as aforesaid, that any person, firm, or corporation is
maintaining a nuisance as described in this section, he shall notify in
writing the owner or occupant of the premises containing the nuisance so
disclosed of the fact that such nuisance exists. He shall include in such
notice a statement of the conditions constituting such nuisance, an order
that the same be abated within a specified time, and a direction, written
or printed, pointing out the methods which should be taken to abate the
same. Such notice or order may be served personally, or by depositing
the same in the post office, properly stamped, addressed to the owner or
occupant of the land or premises upon which such nuisance exists, and
the direction for treatment may consist of a printed circular, bulletin,
or report of the State Entomologist or of the Agricultural Experiment
Station, or an extract from the same. If the person so notified shall
refuse or fail to abate said nuisance in the manner and within the time
prescribed in said notice, the State Entomologist may cause such nuis-
ance to be abated, and he shall certify to the owner or person in charge
of the premises the cost of abatement, and if not paid to him within sixty
days thereafter the same may be recovered, together with the cost of
action, before any court in the State having competent jurisdiction. In
case the notice and order served as aforesaid shall direct that any grow-
ing plant, shrub, or tree, shall be destroyed, and the owner or grower
of such plant, shrub, or tree, shall consider himself aggrieved by such
order, he shall have the privilege of appeal, within three days of the re-
ceipt of the notice, to the county court of the county in which said prop-
erty is situated. The appeal shall be made in like manner as appeals are
taken to the county court from the judgments of justices of the peace.
Written notice of such appeal served by mail upon the State Entomolo-
gist shall operate to stay all proceedings until the decision of the county
court, who may, after investigating the matter, reverse, modify, or con-
firm the order of the State Entomologist. Such decision shall then be-
come the order of the State Entomologist, who shall serve the same as
hereinbefore set forth, and shall fix a time within which such decision
must be carried out. Any person, firm, or corporation failing to obey
an order of the State Entomologist, made and served as prescribed in
this section, within the period of time therein specified, shall be deemed
guilty of a misdemeanor and liable to punishment as prescribed in sec-
tion 5 of this Act.
422 STATE ENTOMOLOGIST.
§ 3. Whenever any trees, shrubs, plants or vines are shipped from
place to place in this State, or shipped into this State from another
state, country or province, every car, box, bale, bundle, package or piece
thereof shall be plainly labeled on the outside with the name of the
consignor, the name of the consignee, and a certificate signed by a state
or government inspector showing that the contents have been inspected
by such inspector, or by his authority since the first day of July last
preceding, and that the trees, vines, shrubs, and plants, there present and
therein contained, appear free from all dangerous insects and diseases.
Whenever any trees, shrubs, vines, or plants arrive in this State without
such certificate plainly fixed on the outside of the package, box or car
containing the same, the facts must be reported within twenty-four hours
to the State Entomologist by the railroad, express or steamboat com-
pany, or other person or persons carrying the same, and it shall be un-
lawful to deliver any such property until it has been inspected by the
State Entomologist or his assistant and by him certified to be free from
dangerous insects or contagious diseases. Any person receiving nursery
stock brought into this State from outside this State, and not accompa-
nied by a valid certificate as above prescribed, shall at once notify the
State Entomologist of that fact, and shall not allow such uncertified
stock to leave his possession until it has been inspected and released by
the State Entomologist or his assistant. Any agent of any railroad,
steamboat or express company or any other person or persons carrying
such property as aforesaid, or any consignee of such property, who shall
fail to give notice to the State Entomologist as above required shall be
deemed guilty of a violation of this Act, and subject to the penalties pre-
scribed in section 5.
§ 5. Any person who shall violate the provisions of this Act with
reference to the sale, shipment, delivery, receipt, or transportation of
nursery stock, or with reference to the use, alteration, or defacement of
a certificate of inspection relating to the same, or who shall remove, with-
out the written permission of the State Entomologist, infested or in-
fected property concerning whose condition he has received official no-
tice from the Entomologist, or who shall maintain a nuisance as de-
scribed in section 2 of this Act, after notice by the State Entomologist
and direction for its abatement, o'r who shall offer any hindrance or re-
sistance to the carrying out of this Act, shall be adjudged guilty of a
misdemeanor, and upon conviction before a justice of the peace shall
be fined not less than twenty-five dollars and not more than one hundred
dollars for each and every offense, together with all costs of the pro-
cedure, and shall stand committed until the same is paid. It shall be
■ the duty of the State Entomologist to furnish to the State's attorney
all information in his possession concerning violations of this Act, and
the State's attorney shall prosecute such violations of this Act, and
amounts so recovered shall be paid into the treasury of the State.
Approved June 3, 1909.
STATE POOD COMMISSIONER. 423
STATE FOOD COMMISSIONER.
DAIRY AND FOOD PRODUCTS — STANDARD OP PURITY AND STRENGTH.
§ 1. Amends section 39, Act of 1907. I § 39. As amended, eliminates
condensed milk and
evaporated milk.
(Senate Bill No. 442. Approved June 14, 1909.)
An Act amending section 39 of an Act entitled, "An Act to prevent
fraud in the sale of dairy products, their imitation or substitutes, to
prohibit and prevent the manufacture and sale of unliealthful, adul-
terated, 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, manufacture and sale of dairy and food products and
liquors in conflict herewith," approved May llj., 1907, in force July
1, 1907.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: Section 39 of an Act entitled, "An
Act to prevent fraud in the sale of dairy products, their imitation or
substitutes, to prohibit and prevent the manufacture and sale of un-
healthful, 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 re-
lating to the production, manufacture and sale of dairy and food pro-
ducts and liquors in conflict herewith," approved May 14, 1907, in- force
July 1, 1907, be and the same is hereby amended to read as follows:
§ 39. Standard op purity and strength.] In the enforcement
of this Act, and in the construction thereof, the following named articles
of food stuffs, when offered for sale or exposed for sale, or sold, shall
conform to the analytical requirements set opposite each respectively.
Milk shall contain not less than three (3) per cent of milk fat and
not less than eight and one-half (8.5) per cent of solids, not fat.
Cream shall not contain less than eighteen (18) per cent of milk fat.
Maple Sugar shall contain not less than sixty-five one-hundredths
(0.65) per cent of maple ash in the water-free substance.
Honey is lsevo-rotatory, contains not more than twenty-five (25) per
cent of water, not more than twenty-five hundredths (0.25) per cent
of ash and not more than eight (8) per cent of sucrose.
Cloves shall contain not more than five (5) per cent of clove stems,
not less than ten (10) per cent of volatile ether extract, not less than
twelve (12) per cent of quercitannic acid, not more than eight (8) per
cent of total ash, not more than five-tenths (0.5) per cent of ash insol-
uble in hydrochloric acid, and not more than ten (10) per cent of crude
fibre.
Black Pepper shall contain not less than six (6) per cent of non-
volatile ether extract, not less than twenty-five (25) per cent of pepper
424 STATE POOD COMMISSIONER.
starch, not more than seven (7) per cent of total ash, not more than
two (2) per cent of ash insoluble in hydrochloric acid, and not more
than fifteen (15) per cent of crude fiber.
Lemon Extract shall contain not less than five (5) per cent of oil
of lemon by volume.
Orange Extract shall contain not less than five (5) per cent of oil of
orange by volume.
Vanilla Extract shall contain in one hundred (100) cubic centimeters
the soluble matters from not less than ten (10) grams of vanilla bean.
Olive Oil has a refractive index (25°C) not less than one hundred and
forty-six hundred and sixty ten thousandths (1.4660) and not exceed-
ing one and forty-six hundred and eighty ten thousandths (1.4680),
and an iodin number not less than seventy-nine (79) and not exceeding
ninety (90).
All Vinegars shall contain four (4) grams of acetic acid in one hun-
dred (100) cubic centimeters (20°C).
Cider Vinegar shall contain not less than one and six-tenths (1.6)
grams of apple solids and not less than twenty-five hundredths (0.25)
grams of apple ash in one hundred (100) cubic centimeters (20°C).
Wine Vinegar shall contain not less than one (1) gram of grape solids
and not less than thirteen-hundredths (0.13) gram of grape ash in
one hundred cubic centimeters (20° C).
Mali Vinegar shall contain in one hundred (100) cubic centimeters
(20°C) not less than two (2) grams of solids and not less than two-
tenths (0.2) grams of ash.
In the enforcement of this Act and the construction thereof all arti-
cles of food not defined in this Act when offered for sale or exposed for
sale, or sold, shall conform to the definition and analytical requirements
of the standards adopted and promulgated from time to time by the
State Food Standard Commission: Provided,, such standards for any
article of food or drink, or for any substance used or intended to be
used in food or drink, shall be deemed prima facie evidence of the proper
standard of quality, purity and strength of any such article or substance,
but shall only be deemed such prima facie evidence in the trial of cases
brought in the proper courts to enforce the provisions of this Act.
Provided, that nothing in this section shall be construed to prevent
the sale of any wholesome food product which varies from such stand-
ards, if such article of food be labeled so as to clearly indicate such varia-
tion.
Approved June 14, 1909.
STATE LANDS.
425
STATE LANDS.
Preamble.
§ 1
SALE OF KASKASKIA COMMONS.
§ 10. Public buildings.
Appointment of commissioners
— powers.
2. Vacancy.
3. Duties of commissioners — trus-
tees of commons to deliver
records, funds, etc. — penalty.
4. Re-survey — map.
5. Appraisement — report — lessees.
6. Purchase by lessees.
7. Sale at public vendue.
8. Rents — rebates.
§ 9-
Title deeds-
gages.
-notes and mort-
§ 11. Record of Acts and sales — re-
port to Governor.
§ 12. Final report.
§ 13. Investment of funds for support
of schools.
§ 14. Apportionment of income.
§ 15. Annual report of commissioners
— bond — compensation — em-
ployes.
§ 16. Legal counsel.
§ 17. Repeal.
(Senate Bill No. 159. Filed June 16, 1909.)
An Act to provide for the sale of the Kaskaskia commons, upon the
island of Kaskaskia, in the county of Randolph, and to create a per-
manent school fund for the inhabitants of said island out of the pro-
ceeds of .said sale, and to punish any person failing to comply with
the provisions thereof.
Whereas, The inhabitants of the island of Kaskaskia, in the county
of Eandolph, are in common entitled to the use and benefit of certain
lands commonly known as the Kaskaskia commons, consisting of about
6,500 acres, by virtue of an ancient grant recognized and confirmed
by the government of the United States and the State of Illinois ; and,
Whereas, The right to sell or lease said lands, or any part thereof,
was granted by the Constitution of Illinois of 1848 to a majority of the
qualified voters therein; and,
Whereas, Pursuant to said right, a majority of the qualified voters
of Kaskaskia did petition the General Assembly of Illinois for permis-
sion to lease said lands, whereupon the General Assembly of Illinois
passed an Act which was approved Jan. 23, 1851, granting said privilege
for school and other purposes as therein specified ; and,
Whereas, The said lands, pursuant to said Act of 1851, have been
leased in separate subdivisions at different times for a period of fifty
years; and,
Whereas, It appears, from a petition now presented to the General
Assembly of Illinois by a majority of the legal voters of said island,
that a large portion of the funds secured by the said leasing, and in-
tended for school purposes, have been misused and misappropriated by
the trustees entrusted with the care thereof; and,
Whereas, It also appears from said petition that the school system
provided by the Act of 1851 for the said island, is now wholly inade-
quate and inefficient for the inhabitants of said island and that the
common schools of said island are in need of said funds; and,
426 STATE LANDS.
Whereas, There is no general law in this State, nor can one be en-
acted, applicable to the case because there is no other such a grant of
commons within the State nor any other community so situated; there-
fore,
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That upon the passage of this Act
the Governor of the State of Illinois shall appoint three land commis-
sioners not more than two of whom shall be from the same political
party, for the commons of Kaskaskia to be known as and by the name
and style of "Land Commissioners of the Commons of Kaskaskia," and
by that name they and their successors shall have perpetual succession
and existence with power to contract and to be contracted with, with
power to sue and be sued, to plead and be impleaded, in all actions at
law or in equity in any court of competent jurisdiction, and to do and
perform all other acts necessary for the proper exercise of the powers
herein conferred, not inconsistent with the Constitution and the laws
of this State or of the United States, until the object and purposes of
this Act, as hereinafter specified, are fully completed and carried out
as herein directed.
§ 2. Any vacancy occurring in the office of the said land commis-
sioners by death, removal, resignation or otherwise, shall be filled from
time to time by appointment by the Governor of Illinois : Provided, that
if any one appointed should vacate said office by death or otherwise be-
fore its object and purposes are fully carried out by him, he shall only
have such portion of the compensation herein provided for as the Gov-
ernor of the State may determine.
§ 3. The said land commissioners shall immediately, after this Act
becomes a law and they have qualified as herein provided, proceed at
once to take possession of all books, papers, vouchers, leases, contracts,
deeds, property, real or personal, and all other papers or property of
every description and anything pertaining to the commons of Kas-
kaskia from the present "Presidents and Trustees of the Commons of
Kaskaskia," or any one else having possession of the same, and shall take
possession of all moneys in the possession of the said "President and
Trustees of the Commons of Kaskaskia," or any of the officers of said
commons, or any other persons belonging to the said common fund, or
which in any way are proceeds which have been derived from the leasing
of said commons, no matter where they may be found, and shall pro-
ceed, and is hereby authorized to sue for and recover any and all of such
common funds that may have been misappropriated by any of the trus-
tees or officers of said Commons of Kaskaskia, or any other person or
persons, in any court of competent jurisdiction, and to proceed against
them, either personally or upon their official bond, and to make any
settlement or compromise of any disputes arising over said property,
in court or otherwise, provided they deem it best or expedient to enhance
said funds, and any trustee or officer now or hereafter in office, or hereto-
fore having held any office in connection with said commons, who shall
have any of the books, papers, and other property aforesaid, in his
STATE LANDS. 427
possession or control, or who shall have in his possession or control any
of the funds belonging to said common fund, who shall not deliver np
the same to said commissioners upon written demand being made there-
for, shall be liable to punishment by indictment or information in any
court of competent jurisdiction in this State, and upon a conviction
for a failure to comply with said request, shall be fined in any sum not
exceeding $200.00 or imprisoned in the county jail not exceeding six
months, or both, in the discretion of the court.
§ 4. Said commissioners shall, as soon after this Act becomes a law,
as practical, cause said common lands to be re-surveyed and a map or
plat made thereof, the present survey of the subdivisions of said com-
mons to be followed as nearly as practical so as to ascertain the exact
number of acres in each of the lots of said commons, which said plat shall
designate the lands in cultivation, the low lands, the timber lands, .and
the improvements on said lands and any other things that may be neces-
sary to give full information and understanding of the location, char-
acter, and value of said lands, and they shall have as many blue print
copies made of said plat as may be necessary to carry out the purposes
of this Act.
§ 5. As soon as said lands have been surveyed and platted as pro-
vided by section 4 of this Act, said commissioners shall fairly appraise
said lands as contemplated by this Act and shall then go upon said
lands, swear and examine such witnesses as they may deem necessary
and examine each and every lot thereof and appraise the same at it?
fair cash value, taking into consideration the value of the deeded lands
already owned in fee by the inhabitants living upon said island, and the
value of land similarly situated in the Mississippi river bottoms and
its adaptability for cultivation and liability to overflow, valuing the
land and improvements separately, which said value so made by the
said commissioners shall be reduced to writing and shall be placed upon
a blue print copy of the plat to be made of said lands, provided for in
section 4 and said commissioners shall thereupon, file a certified copy
of such report, together with a blue print copy of the plat aforesaid,
with the Auditor of the State where the same shall be kept as a part of
the records and files of his office. The said report of said appraisers
and the certified copy so filed with the State Auditor, shall also contain
a list of the lessees of said common lands, holding or claiming to hold
the same, and a list of the parties in possession of said lot or lots to-
gether with their postoffice addresses, and a brief description of the
leases under which they claim to hold said lands.
§ 6. Upon the completion of the appraisement aforesaid, the com-
missioners appointed by this Act, shall give to the lessees and occupants
of said commons lands holding valid leases upon any portion of it, a
written notice at their last known post office address, to the effect that
within sixty days from the date of said notice they may purchase the
lot or lots which they hold by lease, or otherwise, upon presenting to
the commissioners sufficient evidence of their good title as such lessees,
at the appraised value placed upon said lands by the appraisers, ex-
clusive of improvements, by paying to said commissioners within that
428 STATE LANDS.
time, one-fourth of the said appraised value in cash, and by securing the
other three-fourths upon said lot or lots sought to be purchased, by
giving a first mortgage thereon to secure payment of the balance in
three equal payments one to be made in three years and one in six
years and the other in ten years from the date of such purchase, said
deferred payments to bear interest at the rate of 5 per cent per annum
payable semi-annually to said commissioners or after said commissioners
have completed their work and made their final report as herein pro-
vided, to the State Auditor. .
§ 7. At the expiration of the said sixty days, the commissioners
shall as soon as it may be practical or expedient to do so, advertise all
the lots not taken or purchased by the lessees, for sale at public vendue
to the highest and best bidder upon the same terms provided in section
6 for the land to be sold to lessees of the commons, by g'Mng thirty
days' notice of such sale and the time and place thereof in three or
more newspapers of general circulation as they may think best and that
will secure the greatest number of bidders, which said sale shall be held
upon said island : Provided, that all of said lots shall bring at such pub-
lic sale two-thirds of the appraised value thereof, including improve-
ments and if any one or more of said lots fail to bring such a price, the
commissioners may postpone the sale of such lot or lots until such time
as he [they] may be able either by public or private sale, to secure for said
lots two-thirds of the appraised value thereof, as aforesaid, provided that
at no time shall said lots be sold for less than said two-thirds of the
appraised value unless on account of some physical changes in the
river or otherwise their value shall be changed, or it shall be found im-
possible by -the commissioners after repeated efforts to sell the same, that
such price cannot be obtained, whereupon the said commissioners may
have said lands re-appraised as provided for in this Act and may then
proceed to sell them at either public or private sale, as they may deem
best, two-thirds of their appraised value, including improvements : And,
provided, further, that at the public sale, each lot shall be sold separ-
ately unless they are so situated that by putting two or more lots to-
gether after having first put them up separately, they would bring a
better price.
§ 8. Until said sale is completed as provided for in this Act, the
commissioners shall collect all the rents that may become due from
time to time under the terms of any valid leases now outstanding on any
of said common lands according to the tenor and effect thereof and shall
see that all leases are enforced accordingly, except that in case of an
overflow they may allow such rebates on the rents on overflowed lands
as they may deem just and proper under all the circumstances; they
shall also keep rented from year to year any of the unleased portion
of said lands to the best possible advantage until said sale is completed,
and all sales of lots not sold to the lessees thereof, shall be made sub-
ject to any valid lease that may be upon it, but said commissioners shall
make no lease for a longer period than one year.
STATE LANDS. 429
§ 9. Upon the sale of any of the lots or parcels of land as herein
provided, and a full compliance with the terms of said sale by the pur-
chaser, the said commissioners are hereby authorized to execute and de-
liver to each of said purchasers a title deed conveying to said purchaser
a fee simple title to the lot or lots he so nurchased, which shall be signed
and executed by them as such commissioners and approved by the Gov-
ernor of the State, and all notes and mortgages taken by them to secure
deferred payments shall be taken in the name of and made payable to the
People of the State of Illinois for the use of the inhabitants of the
island of Kaskaskia, and until the said commissioners shall have made
their final report as herein provided, all payments thereon shall be made
to them, but after they shall have made their final report, as herem pro-
vided, then all payments thereon shall be made to the State Auditor
who shall cancel the notes and turn the funds over to the State Treas-
urer, and should default be made on any of such notes or mortgages and it
should be deemed advisable to foreclose the same, the said commissioners
if the same shall occur before their discharge, and if after, the State
Auditor shall certify the same to the Attorney General who shall at once
proceed to foreclose said mortgage or mortgages and the State Auditor
or the commissioners as the case may be, are hereby authorized to pur-
chase said lands at said foreclosure sale, if it is deemed necessary to
protect the interest of the State therein, and in case any of said lands
shall revert back to the State thereby, then and in that case the said
commissioners, or the State Auditor by and with the advice and consent
of the Governor, shall re-sell such lands for such price and upon such
terms as they may deem best to get the most out of them and to finally
dispose of the same, and if this should be done after said commissioners
have been discharged, then the State Auditor, with the approval of the
Governor shall make conveyance as herein provided for said commis-
sioners.
§ 10-. Any school buildings or other buildings used or intended for
school purposes or any other purposes, which said commissioners may
find situated upon common lands, or upon any other lot or lots upon
said island which have been purchased or built in whole or in part by
common funds, derived either directly or indirectly, from the rents
of said common lands, said commissioners shall take 'possession of the
same, and if, in their judgment the same are so situated as to be of
any use to any public school district upon said island for a school house,
they are hereby authorized to deed the same to the legal [legally] consti-
tuted school authorities of said school districts for school purposes, but
if any of said property should not be so situated as to be of any use to
any school district upon said island, then and in that case, said com-
missioners are hereby authorized to sell said buildings and lots upon such
terms and conditions as they may deem best, provided the terms shall
be no more liberal than the terms herein given on the common lands,
and give title thereto, the same as they are hereby authorized to do with
the common lands, and they shall place the proceeds of said sale with the
common funds and account for it in the same manner as herein provided
for the accounting of the common funds.
430 STATE LANDS.
§ 11. Said ' commissioners shall keep a record book in which they
shall keep a complete record of all their acts and doings and the sales
made by them showing the appraisement of each lot, the lessee, and
to whom sold, the price per acre and payments, which, when said sale
is completed, they shall file with their final report to the Governor, and
which if found correct by him, it shall then become one of the records
of the State Auditor's office and as such, a certified copy of any of the
matters and things contained therein, properly certified under the seal
of the Auditor's office, shall be received as evidence in any court in any
proceeding where the same may be necessary to be used.
§ 12. As soon as the sale of all said lands has been duly completed,
said conimissioners shall make a full and final report of their acts and
doings in this regard, together with the total amounts of money, notes
and mortgages received by them and the total amount expended by items,
to the Governor of Illinois, and shall thereupon turn all moneys in their
hands belonging to said funds over to the State Treasurer of Illinois,
who shall keep the same in a separate fund designated as the "Kaskaskia
Commons permanent school fund," and all notes, mortgages and securi-
ties held by them they shall turn over to the State Auditor of Illinois
for safe keeping; and if, upon an examination of their report by the
State Auditor and the Governor, it is found to be correct and that they
have fully carried out the provisions of this Act, then the Governor shall
approve said report, and the Auditor and State Treasurer shall fully
receipt them for the funds, securities and records, and they shall be
fully and finally discharged from any further duties or liabilities in
this behalf.
§ 13. It is hereby made the duty of the State Treasurer and the
State Auditor, upon said commissioners making their final report, as
herein provided, to keep all the principal funds of said funds invested
on good interest bearing school, municipal, county or State bonds, or
good first mortgages on real estate, so as to bring at least 5 per cent in-
terest; said investments to be made by the State Treasurer by and with
the approval of the State Auditor, who shall be keeper of said securities
and the Auditor shall keep an accurate and correct record thereof, and
the income derived therefrom shall be paid out by the State Treasurer
upon warrants issued by the State Auditor for the support of the schools
upon the island of Kaskaskia, which said warrants shall be issued by the
State Auditor upon certified, itemized bills to 'be sent to him and filed
in his office from time to time by the president and secretary of the
school directors or boards of education of the said island of Kaskaskia,
and which money shall only be paid out for teachers' wages, repairs to
school buildings and grounds, and fuel, and the* necessary apparatus
for said schools, school library and school books for children who are
unable to buy them, and such incidental expenses that may be necessary
to the support and maintenance of said schools as may be determined
from time to time by the boards of education or directors of the said
STATE LANDS. 431
island by proper resolutions adopted by them, a certified copy of which
shall be filed with the Auditor by the president and clerk of said board
or boards before he shall be authorized to voucher said bills.
§ 14. Upon the receipt of the funds and securities by the State
Auditor and State Treasurer, the State Auditor shall each year, as is
now provided by law, apportion the income from said common fund to
the various school districts upon said island, as is now provided by the
general school laws of the State, with reference to the State school funds,
and notify the boards of directors or boards of education on said island
of the amount so apportioned to them and place the same to their credit,
so that they may know what they may have at their disposal for the en-
suing school year; and said school directors or boards of education shall
not be allowed to draw upon the principal sum of said fund or to an-
ticipate any of the income therefrom but shall only be entitled to have
their requisitions honored by the Auditor for the amount placed to their
credit each year.
§ 15. Should the completion of the work herein required by the
commissioners herein appointed require more than a year, they shall
report fully their acts and doings to the Governor on or before the first
day of January of each year hereafter and shall report and turn over to
the State Treasurer and State Auditor the interest collected by them
each year on said funds, so the same may be distributed by the Auditor
for school purposes upon the island, as herein directed, and also all
other sums of money collected by them and not needed by them for the ex-
penses provided for by this Act, and they shall also each give his bond, the
expense of which may be paid out of said funds, to the People of the
State of Illinois for the faithful performance of their respective duties
herein and the faithful accounting of all the money received during
that time, in the sum, of $30,000.00 each, which bond shall be signed
by one or more good and sufficient sureties or any approved surety com-
pany and be approved by the Governor and shall take. an oath before
entering upon his duties, which shall be filed with the Governor, to-
gether with his bond, to faithfully discharge the duties herein imposed
upon him ; and they shall receive as their compensation for the perform-
ance of the duties herein provided, six (6) per centf of the net amount
of cash and mortgages realized from the sale of said lands and rents,
and other funds they may collect, not including: interest, after deduct-
ing all necessary and incidental expenses incident to the appraising and
completion of said sale, and their necessary traveling expenses, which
compensation shall be divided equally between them, and they are here-
by authorized to employ such surveyors, clerks and appraisers as may
be necessary from time to time to conduct and carry out the object of
this Act at an expense not to exceed $5.00 per day for each day each,
man is actually employed, and to take their receipts therefor and file
with their report, and they shall in their Teport make a detailed state-
ment of their own expenses.
§ 16. Should it become necessary for said commissioners to bring
or defend any suit at law or in equity in any courts in order to carry out
432 STATE LANDS.
the object and purposes of this Act, the Attorney General shall furnish
them with such legal counsel or assistance as they shall need from time
to time.
§ 17. The Act entitled, fAn Act to provide for leasing the lands
granted as a common to the inhabitants of the town of Kaskaskia, in
Kandolph county, or so much of said lands as it may be to the interest
of the inhabitants of said town to lease for school and other purposes,"
approved January 23, 1851, is hereby repealed.
Filed June 16, 1909.
The Governor having failed to return this bill to the General Assembly during its
session, and having failed to file it in my office, with his objections, within ten days
after the adjournment of the General Assembly, it has thereby become a law.
Witness my hand this 16th day of June, A. D. 1909.
James A. Rose,
Secretary of State.
SALE TO AMERICAN SMELTING AND REFINING COMPANY.
§ 1. Authority — description — condi- | § 2. Evidence of reclamation — patent,
iions.
(Senate Bill, No. 523. Approved June 15, 1909.)
An Act for the sale to American Smelting and Refining Company of
the interest of the\ State of Illinois in certain lands.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That trie right, title and interest
of the State of Illinois in and to the land now and heretofore submerged
beneath the waters of Lake Michigan, and described as follows, shall be
granted, quit-claimed and ■ combed to American Smelting and Kenning
Company, in fee, that is to say: Beginning at a point in the north-
easterly face of breakwater on the northeasterly line of dock
one (1) in Calumet and Chicago Canal and Dock Company's
subdivision of part of the northwest fractional quarter of frac-
tional section five (5), township thirty-seven (37) north, range
fifteen (15) east of the third principal meridian (3d P. M.), Cook
county, Illinois, and south of Indian boundary line, where the south-
easterly face of shore return pier extended intersects the northeasterly
face of said breakwater; thence northeasterly on a line parallel to the
northwesterly face of United States south pier on the southeasterly side
of the Calumet river, which line is north sixty (60) degrees, thirty-one
(31) minutes and thirty (30) seconds east a distance of nineteen hun-
dred and ninety-two and forty-four hundredths (1,992.44) feet, more
or less, to the United States harbor line; thence south twenty-three
(23) degrees five (5) minutes and thirty (30) seconds east along the
United States harbor line a distance of three hundred fifty-two and six-
teen hundredths (352.16) feet, more or less, .to a point in a line par-
allel to and three hundred and fifty (350) feet southeasterly from the
first mentioned parallel line; thence south sixty (60) degrees, .thirty-one
(31) minutes and thirty (30) seconds west along said parallel line a
distance of nineteen hundred and thirty-five and forty-three hundredths
(1,935.43) feet to a point -where a line parallel to and three hundred
STATE LANDS. 433
and fifty (350) feet southeasterly from the southeasterly face of the
shore return pier above mentioned intersects said parallel line; thence
southwesterly on a line parallel to the southeasterly face of said shore
return pier one hundred and thirty (130) feet, more or less, to a point
in the shore line. of Lake Michigan as per United States survey of 1869;
thence northwesterly along said shore line three hundred and fifty (350)
feet to the southeasterly face of shore return pier above mentioned;
thence northeasterly along ,the southeasterly face of said shore return
pier one hundred and forty (140) feet, more or less, to the place of be-
ginning, containing sixteen and seventy-five hundredths (16.75) acres,
subject, however, to all rights and interests of the government of the
United States, and upon the following conditions :
First — That the said American Smelting and Refining Company shall
pay into the treasury of the State of Illinois, within sixty days from the
passage of this Act, the sum of sixteen hundred and seventy-five dollars
($1,675.00).
Second — That not less than five (5) acres of the land aforesaid shall
be conveyed at any one time, and that any such part of such lands shall
not be so conveyed until the same, not less than five (5) acres in area,
shall have been filled in, and reclaimed, and raised above the surface
of Lake Michigan.
Third — That any part of such land which shall not have been filled
in, and reclaimed, and raised above the surface of Lake Michigan, with-
in fifteen (15) years from the date that this Act shall go into effect,
shall revert to the State and the said American Smelting and Refining
Company shall have no further right by virtue hereof to fill in and re-
claim such part.
Fourth — That said American Smelting and Refining Company shall
have free and unobstructed access from such of said lands as may be
filled in and reclaimed, as aforesaid, throughout their entire shore front-
age, to Lake Michigan, but shall. not have any other riparian rights ap-
purtenant thereto.
§ 2. Upon payment being made as above provided, and upon the
filing in the office of the "Secretary of State, from time to time, of good
and sufficient evidence that any part .of such lands not less than five (5)
acres in area has been filled in, and reclaimed, as aforesaid, then a
patent shall be issued under the great seal of State, by the Governor and
Secretary of State, conveying such part of said lands, but not less than
five (5) acres at any one time, to the said American Smelting and Refin-
ing Company, in accordance with the provisions of this Act.
Appkoved June 15, 1909.
—28 L
434 STATE LANDS.
SALE TO ILLINOIS STEEL COMPANY.
§ 1. Authority — description — condi- I § 2. Evidence of reclamation — patent,
tions.
(Senate Bill No. 284. Approved June 15, 1909.)
An Act providing for the sale to the Illinois Steel Company of the in-
terest of the State . of Illinois in certain lands.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the right, title and interest
of the State of Illinois in and to the lands now and heretofore submerged
beneath the waters of Lake Michigan, and described as follows, shall
be granted, quit-claimed and conveyed to the Illinois Steel Company in
fee, that is to say : Commencing at a point at the intersection of the
south line of • Seventy-ninth street extended, in the city of Chicago,
with the present shore line of Lake Michigan, and running thence east
along said south line of Seventy-ninth street, extended, to a point which
is seventeen hundred ten (1710) feet east of the west line of section
thirty-two (32), township thirty-eight (38) north, range fifteen (15)
east of the third principal meridian, and which point is approximately
one thousand feet east of the present shore line of Lake Michigan; run-
ning thence south sixty-one (61) degrees thirty (30) minutes, east three
thousand ten (3010) feet; thence southerly to a point on the north
line of the Calumet river, which said point is four hundred fifteen (415)
feet westerly from the east end of the pier, or breakwater constructed by
the United States government along the north line of the Calumet river;
thence westerly, along said north line of the Calumet river to the original
meander line of Lake Michigan, according to the government survey;
thence northerty along said original meander line to the present shore
line of Lake Michigan; thence northerly along said present shore line
of Lake Michigan to the place of beginning; subject, however, to all
rights and interests of the government of the United States and upon
the following conditions :
First — That the said Illinois Steel Company shall pay into the treas-
ury of the State of Illinois, within sixty (60) 'days from the passage of
this Act, the sum of thirty-seven thousand five hundred dollars ($37,-
500.00).
Second — That not less than five acres of the lands aforesaid shall be
so conveyed at any one time, and that any such part of such lands shall
not be so conveyed until the same, not less than five acres in area, shall
have been filled in and reclaimed and raised above the surface of Lake
Michigan.
Third — That any part of such lands, which shall not have been filled
in and reclaimed, and raised above the surface of Lake Michigan, within
fifteen years from the date that this Act shall go into effect, shall revert
to the State, and the said Illinois Steel Company shall have no further
right by virtue hereof to fill in and reclaim such part.
STATE LANDS. 435
Fourth — That said Illinois Steel Company shall have free and un-
obstructed access from such of said lands as may be filled in and re-
claimed as aforesaid, to Lake Michigan, but shall not have any other
riparian rights appurtenant thereto.
§ 2. Upon payment being made, as above provided, and upon the
filing in the office of the Secretary of State, from time to time, of good
and sufficient evidence that any part of such lands, not less than five
acres in area, has been filled in and reclaimed, as aforesaid, then a
patent shall be issued under the great seal of State, by the Governor and
Secretary of State, conveying such part of said lands, but not less than
five acres, at any one time, to the said Illinois Steel Company, in ac-
cordance with the provisions of this Act.
Approved June 15, 1909.
SALE TO IROQUOIS IRON COMPANY.
§ 1. Authority — description — condi- j § 2. Evidence of reclamation — patent,
tions.
(Senate Bill No. 396. Approved June 15, 1909.)
An Act for the sale to the Iroquois Iron Company of the inter f i. of Lie
State of Illinois in certain lands.
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly : That the right, title and interest of
the State of Illinois in and to the land now and heretofore submerged
beneath the waters of Lake Michigan, and described as follows, shall be
granted, quit-claimed and conveyed to the Iroquois Iron Company, in
fee, that is to say: Beginning at the intersection of the northwesterly
face of the United States pier on the southeasterly side of the Calumet
river, with the northeasterly line of dock 1, in the Calumet and Chicago
Canal and Dock Company's subdivision of that part of the northwest
fractional quarter of fractional section five (5), township thirty-seven
(37) north, range fifteen (15) east of the third principal meridian,
south of the Indian boundary line, lying east of Ewing avenue, thence
north (60 degrees, 31 minutes and thirty seconds) sixty degrees thirty-
one minutes and thirty seconds east, along the northwesterly face of said
United States pier a distance of (2266.5) two thousand two hundred
sixty-six and five-tenths feet to the northeasterly end of said pier, being
also the United States harbor line; thence south (23 degrees, 5 minutes
and thirty seconds) twenty-three degrees, five minutes and thirty sec-
onds east along said United States harbor line, a distance of (1753.48)
one thousand seven hundred fifty-three and forty-eight hundredths feet,
more or less, to a line (1742.59) one thousand seven hundred forty-two
and fifty-nine one hundredths feet southeasterly, measured at right
angles from the northwesterly face of said United States pier, and par-
allel therewith; thence south (60 degrees, 31 minutes and 30 seconds)
sixty degrees, thirty-one minutes and thirty seconds west, along said
parallel line, a distance of (2003.65) two thousand and three and sixty-
436 STATE LANDS.
five one-himdredths feet, more or less, to the northeasterly line of said
dock one, at a point (169.1) one hundred and sixty-nine and one-tenth
feet northwesterly from the intersection of said line with the south line
of said northwest fractional quarter; thence northwesterly along the
northeasterly line of said dock one, a distance of (1743.9) one thousand
seven hundred forty-three and nine-tenths feet to the place of beginning;
containing (85.34) eighty-five and thirty-four one-hundredths acres in
all; subject, however, to all rights and interests of the government of the
United States, and upon the following conditions :
First — That the said Iroquois Iron Company shall pay into the treas-
ury of the State of Illinois, within sixty days from the passage of this
Act, the sum of ($8,534.00) eight thousand, five hundred and thirty-
four dollars.
Second — That not less than five acres of the land aforesaid shall be
conveyed at any one time, and that any such part of such lands shall not
be so conveyed until the same, not less than five acres in area, shall have
been filled in, and reclaimed, and raised above the surface of Lake Michi-
gan.
Third — That any part of such land which shall not have been filled in
and reclaimed and raised above the surface of Lake Michigan within
fifteen years from the date that this Act shall go into effect, shall re*-
vert to the State, and the said Iroquois Iron Company shall have no
further right by virtue hereof to fill in and reclaim such part.
Fourth — That said Iroquois Iron Company shall have free and unob-
structed access from such of said lands as may be filled in and reclaimed
as aforesaid to Lake Michigan, but shall not have any other riparian
rights appurtenant thereto.
§ 2. Upon payment being made as above provided and upon the
filing in the office of the Secretary of State, from time to time, of good
and sufficient evidence that any part of such lands, not less than five
acres in area, has been filled in and reclaimed as aforesaid, then a patent
shall be issued under the great seal of State, bv the Governor and Secre-
tary of State conveying such part of said lands, but not less than five
acres, at any one time, to the said Iroquois Iron Company in accord-
ance with the provisions of this Act.
Approved . June 15, 1909.
STATE MILITIA.
437
STATE MILITIA.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
MILITARY AND NAVAL CODE— REVISION
Article 9
State militia — who consti-
tute. National guard.
Naval reserve. Organ-
ized and unorganized
militia defined.
Organized militia — land
and naval forces — how
constituted — powers of
commander-in-chief.
General organization. Ap-
pointment, qu a 1 i fl c a-
tions and rank of of-
ficers.
Organization of national
guard — departments
named.
Naval reserve — officers —
appointment, qualifica-
tions and rank.
Adjutant General's depart-
ment — organization
— powers and duties.
Inspector General's de-
partment.
Quartermaster's subsist-
ence, ordnance and pay
departments.
Judge advocate's depart-
ment.
Article 10. Engineer and signal corps.
Article 11. Medical department.
Article 12. Retired list.
Article 13. Appointments, elections
and commissions.
Article 14. Examinations.
Article 15. Enlisted men:
Article 16. Pay and allowances.'
Article 17. Uniforms, arms, etc. •
Article 18. Armories and rifle ranges.
Article 19. Parades, drills and field
service.
Article 20. Military offenses.
Article 21. Courts martial.
Article 22. Mobs and riots.
Article 23. General provisions.
(House Bill No. 394. Approved June 10, 1909.)
An Act to establish a military and naval code for the State of Illinois,
and to repeal all Acts in conflict herewith.
ARTICLE I.
Section 1. Be it enacted by the People of the, State of Illinois, rep-
resented in the General Assembly.
That all able-bodied male citizens of this State, between the ages of
18 and 45 years, except such as are expressly exempted by the laws of
the United States, or are State or county officers, or on account of their
profession or employment are exempted by the Commander-in-Chief
shall be subject to military duty and designated as the Illinois State
Militia.
§ 2. The State militia shall be divided into two parts, the organized
and the unorganized. The organized militia shall be further divided into
the "Illinois National Guard" and the "Illinois Naval Keserve." All
persons liable to military service and not enrolled in either of the above
•classes constitute the unorganized, or reserve, militia.
§ 3. When it is necessary to execute the laws, suppress or repel in-
vasion, or to quell riots, or when a requisition shall be made by the
President of the United States for troops or seamen, the Governor, as
Commander-in-Chief, may, by his proclamation, require the enrollment
438 STATE MILITIA.
of the unorganized, or reserve, militia of the State, or such portion
thereof as may be necessary, and he shall appoint necessary enrolling
officers and prescribe their duties, issuing all proper orders that may be
required in the premises. He may designate the place of rendezvous,
provide for the organization of the land forces of the militia into com-
panies, battalions, regiments and brigades, and the naval force into di-
visions and ship's crews, and provide for their equipment, as the case
may require. The unorganized militia, when called into active service,
shall receive the same pay and allowance as is provided for like troops
in the service of the State, or of the United States, respectively.
ARTICLE II — THE ORGANIZED MILITIA.
Section 1. The land forces of the organized militia shall be desig-
nated as the Illinois National Guard, hereinafter termed the National
Guard, and shall consist, in time of peace, of not more than one major
general and three brigadier generals of the line, twenty-four battalions
of infantry, one company of engineers, one regiment of cavalry, three
batteries of field artillery, one company of signal corps, one field hos-
pital, the necessary line and staff officers and non-commissioned officers
and supply departments, as specified in Art. IV hereof, and the officers
of the retired list.
§ 2. The naval force of the organized militia shall be designated as
the Illinois Naval Reserve, hereinafter termed the Naval Reserve, and
in time of peace shall consist of a ship's complement of twelve divisions,
with the necessary line and staff officers, and warrant and petty officers
as specified in Art. V hereof, and the officers of the retired list.
§ 3. The Commander-in-Chief may consolidate, transfer, muster out,
disband, muster in new organizations to replace those mustered out or
disbanded, and make such other changes in the organization of the Na-
tional Guard and the Naval Reserve as the best interests of the service
may require : Provided,, that such changes do not conflict with the or-
ganization prescribed, from time to time for similar bodies of the U. S.
army or navy, or increase the total number of organizations or of gen-
eral officers provided for herein.
§ 4. The Commander-in-Chief is hereby authorized to make rules
and regulations for the government of the land and naval forces of the
State, but such rules and regulations shall conform to the laws of this
State, and as nearly as practicable to the regulations for the army and
navy of the United States.
§ J5.' The organization, equipment, discipline and government of the
National Guard and the Naval Reserve not otherwise provided for in
this Act, or in regulations, shall conform to the regulations, customs
and usages of the army and navy of the United States.
§ 6. Every officer, and enlisted man of the National Guard or Naval
Reserve shall be exempt from jury duty, from payment of road labor
and head or poll tax of every description during the time he shall hold
a commission as an officer, or be enrolled as an enlisted man therein;
the exemption from jury duty shall continue after honorable discharge
STATE MILITIA. -±39
for a period equal to that honorably completed in the National Guard
or Naval Eeserve. The uniforms, arms and equipment of every member
of the National Guard or Naval Eeserve shall be exempt from all suits,
distresses, executions or sales for debts or payment of taxes. The mem-
bers thereof shall in all cases except treason, felony, or breach of peace,
be privileged from arrest and imprisonment by civil authority while
under orders in the active service of the State, from the date of the
issuing of such orders to the time when such service shall cease.
AETICLE III GENERAL ORGANIZATION".
Section 1. The Governor of the State is, ex officio, Commander-in-
Chief of the military and naval forces of the State.
§ 2. The Commander-in-Chief may appoint the following officers
as members of his personal staff:
Four aides, whom the Governor may appoint at discretion and com-
mission as aids in grades not above that of colonel.
Six aids may be selected by the Commander-in-Chief from the com-
missioned officers of the National Guard and Naval Eeserve in active
service, of grade below that of colonel; each of them may receive a com-
mission as aid, which, however, shall not add to the actual grade of the
officer so appointed, nor shall such officer be relieved from duty with
his proper organization, but shall perform all duty pertaining thereto,
except when actually on duty as aid under the orders of the Comman-
der-in-Chief.
§ 3. All appointments as aids shall be held at the pleasure of the
Commander-in-Chief and shall expire by limitation at the expiration of
his term of service as Governor.
§ 4. The Commander-in-Chief shall also appoint the following staff
officers, who shall be chiefs of their respective staff departments:
a. The Adjutant General, with rank of Brigadier General, who shall
be ex officio Chief of Staff, Inspector General, Quartermaster General,
Commissary General, Paymaster General, and Chief of Ordnance of the
State forces.
b. A Surgeon General, with rank of colonel.
c. A Judge Advocate, with rank of colonel.
§ 5. On the recommendation of the Adjutant General, the Comman-
der-in-Chief shall appoint from officers or ex-officers of the National
Guard or Naval Eeserve, not below the rank of captain or lieutenant,
respectively, the following assistants to the Adjutant General : One
adjutant general, one inspector general, one assistant quartermaster gen-
eral and one ordnance officer, each with rank of colonel, and one as-
sistant quartermaster with rank of. captain.
§ 6. The Adjutant General and his assistants shall be men of mili-
tary training and experience and each shall hold office during the pleas-
ure of the Commander-in-Chief.
440 STATE MILITIA.
§ 7. The Adjutant General, the assistant adjutant general, the as-
sistant quartermaster general and the assistant quartermaster shall all
reside at the State capital and give their entire time to their military
duties.
§ 8. The Surgeon General and the Judge Advocate must each have
had military service as an officer of not less than five years, and be men
of recognized high standing of not less than ten years practice in the
professions of medicine and surgery, and of law, respectively.
§ 9. Unless otherwise prescribed in any given case, the term "mili-
tary service," used herein as a qualification for appointment of all offi-
cers of the National Guard or Naval Eeserve, is defined to mean military
or naval service rendered is [in] the organized militia of any state, or
to the United States, in the regular army or volunteers, in either or all.
Military instruction of one year or more at a standard military school
under instruction of an officer of the army or navy may also be accepted
as "military service."
§ 10. The officers named in sections 4 and 5 of this article shall be
commissioned as officers of the National Guard in their respective grades
and departments, but shall also have administrative supervision and
control in their respective departments, of affairs of the Naval Eeserve
and of the unorganized militia.
§ 11. No orders involving expenditure of public funds in the mili-
tary service shall be given by any officer or other person except as pro-
vided by law, or in emergency of the public peace, when life and prop-
erty are endangered, and subject to approval of the Commander-in-Chief.
ARTICLE IV. ORGANIZATION OF THE NATIONAL GUARD.
Section 1. The component parts of the National Guard on the ac-
tive list named in Art. II, Sec. 1, hereof, shall consist of and be organ-
ized in staff and line in time of peace as follows :
§ 2. The Staff departments, to-wit:
An Adjutant General's department;
An Inspector General's department;
A Quartermaster's department;
A Subsistence department;
A Medical department;
A Pay department;
An Ordnance department;
A Judge Advocate's department;
A Corps of Engineers:
A Signal Corps.
§ 3. All officers and troops of the line, and of the staff attached
thereto, on the active list, shall be embodied in and constitute a tactical
and administrative military division, commanded by a major general
who shall be responsible for all matters pertaining to instruction, dis-
cipline and military efficiency therein, under the law and regulations.
§ 4. A brigade shall consist of two or more regiments of infantry
and shall be commanded by a brigadier general.
STATE MILITIA. 441
§ 5. The general officers of the line shall have the usual personal aids
and department staff officers as provided for similar commands in the
United States army, which, with the organization of the various tactical
units, shall be specified in general orders or regulations by the Com-
mander-in-Chief.
§ 6. Temporary vacancies in the full number of organizations or
officers required, due to muster out of companies or other units, or
pending organization of new units, or while awaiting appointment, elec-
tion or qualification of officers, shall not invalidate the standing in law
of any tactical unit. ,
§ 7. In time of war, insurrection or invasion, or reasonable danger
thereof, the Commander-in-Chief shall have power to increase the
strength of existing units to the full war strength prescribed by the
United States, and to organize additional ones, to complete a full di-
visional organization as required by United States law and regulations.
After the emergency has passed, or troops have returned from service,
the strength of the division shall be made to conform to the authorized
peace basis.
§ 8. Any staff officer in service on the date of approval of this Act,
holding commission under present provisions of law, but in excess as to
number or rank of those provided for herein, may be retained in his
present department and rank, until he shall retire, resign, or vacate his
commission through any other cause. ISTo appointments of staff officers
shall be made hereafter, however, except in conformity in rank and
number as prescribed herein.
ARTICLE V. ORGANIZATION OF THE NAVAL RESERVE.
Section 1. The ISTaval Eeserve shall be organized as a ship's crew
and shall consist of one captain; one commander, who shall be executive
officer; one lieutenant commander, who shall be navigating officer; one
lieutenant, who shall be ordnance officer; one lieutenant, who shall be
equipment officer; a staff consisting of one lieutenant commander, who
shall be chief engineer ; one lieutenant, who shall be paymaster ; one lieu-
tenant, junior grade, who shall be passed assistant paymaster; one en-
sign, who shall be an assistant paymaster; one lieutenant, who shall be
chaplain; one lieutenant, junior grade, who shall be signal officer;
one lieutenant, junior grade, who shall be secretary; two ensigns,
aids, twelve divisions, two of which shall ~ be steam engineer di-
visions, and one band. There shall also be allowed on the staff of the
Naval Eeserve not to exceed eight warrant officers and such, petty officers
as may be required and approved by the -Commander-in-Chief.
§ 2. A division shall consist of one lieutenant; one lieutenant, junior
grade; two ensigns; one boatswain's mate, first class; one gunner's mate,
first class; one quartermaster, first class; one master-at-arms, second
class; one boatswain's mate, second class; one gunner's mate, second
class; one quartermaster, third class; two musicians'; one coxswain for
every twenty seamen; and thirty seamen as a minimum and eighty sea-
men as a maximum.
442 STATE MILITIA.
§ 3. A steam-engineer division shall consist of one lieutenant, who
shall be passed assistant engineer; one lieutenant, junior grade, who shall
be passed assistant engineer; two ensigns, who shall be assistant engin-
eers; and not to exceed four chief machinist's mates, second class; two
electricians, second class ; one yeoman, second class ; two musicians ; four
oilers, third class ; eight water tenders ; eight firemen, first class ; twenty-
four firemen, second class; and twenty-four coal passers.
§ 4. The chief engineer, signal officer, secretary and aids shall not
be considered to be "staff" officers, but shall be line officers, and as such
entitled to assume command.
§ 5. The naval forces shall not be considered' as attached to any di-
vision or brigade of the land forces o'f the State, but shall be under the
direct command of the Commander-in-Chief. When, however, the Naval
Eeserve, or any part thereof, shall be in the field or afloat upon actual
service, the senior officer present shall command same, and whenever
operating or acting in conjunction with the land forces of the militia
of the State, the senior officer present, according to ] elative rank of
either force, shall command the whole, unless otherwise specially ordered
or directed by the Commander-in-Chief, or other competent military or
naval authority.
§ 6. No officer of the staff shall be entitled by virtue of his rank to
assume command when officers of the line are present and capable of
assuming command, unless expressly authorized so to do by law, or by
the terms of his commission, where an officer of similar rank and posi-
tion in the United States navy service would not be entitled to assume
command, unless by express directions of the Commander-in-Chief or
other competent authority.
§ 7. All petty officers of divisions, on recommendation of the com-
manding officer of their divisions, shall be appointed by warrant by the
commanding officer of the Naval Eeserve, provided they shall have
passed an examination prescribed by the officer issuing the warrant.
The commanding officer of the Naval Eeserve is empowered to detail
an officer or officers to conduct such examinations.
§ 8. The Commander-in-Chief shall have power to assign any officer,
warrant or petty officer, or seamen of the United States navy detailed or
assigned to duty with the Naval Eeserve, as instructor or otherwise, to
such duties as he may deem proper and suitable, and shall have power
to confer upon any such officer, warrant or petty officer, or seamen, such
rank in the naval service of the State, during such detail or assignment,
as he may deem best.
ARTICLE VI. — THE ADJUTANT GENERAL^ DEPARTMENT.
Section 1. The Adjutant General's Department shall consist of the
Adjutant General and five adjutants general, namely: One colonel, one
lieutenant colonel, and three majors.
§ 2. An adjutant general with rank of colonel shall be chief assist-
ant to the Adjutant General at his office at the State capitol, and shall
STATE MILITIA. 443
perform such duties as may be directed by him or by the Commander-in-
Chief. In the event of the disability of the Adjutant General, or his
absence from the State, his chief assistant shall perform the duties of
the Adjutant General.
§ 3. An adjutant general with rank of lieutenant colonel shall be
adjutant general of the division, and ex officio chief of staff of the di-
vision.
§ 4. The other officers of the Adjutant General's department shall
be assigned for duty on the staffs of the division or brigade commanders,
and perform the duties properly pertaining to that department.
§ 5. The Adjutant General shall issue and transmit and keep a rec-
ord of all orders and regulations of the Commander-in-Chief and all
matters pertaining to the unorganized militia, the National Guard and
the Naval Eeserve.
§ 6. He shall keep a record of all appointments, elections and com-
missions of officers, and appointments of non-commissioned officers. He
shall have general charge of recruiting and record all enlistments and
discharges and keep the necessary military history of each member of
the State forces.
§ 7. He shall have charge of all correspondence and the records
thereof, pertaining to his office, and shall file for record all returns of
troops and all reports and records of field service and camps of in-
struction, and of all active service performed by troops of the State,
in service of the State or of the United States.
§ 8. The Adjutant General shall have charge of and carefully pre-
serve the colors, flags, guidons and military trophies of war belonging to
the State, and shall not allow the same to be loaned out or removed from
their proper place of deposit. He shall furnish, at the expense of the
State, blanks and forms, and such military and naval instruction books
as shall be approved by the Commander-in-Chief.
§ 9. On or before the first day of November next preceding the
regular session of the General Assembly, the Adjutant General shall
make out a full and detailed report of all the transactions of his office,
with the receipts and expenditures of the same for two preceding years.
In preparing his account of the money paid out and expended, he will
group the expenditures made from each separate appropriation under
the following sub-heads or titles :
§ 10. National Guard.
i. Armory rent, fuel, light, janitor service, etc.
2. Camp and garrison equipage, clothing and equipment.
3. Pay of officers and troops for camp duty and other duties ordered
by the Commander-in-Chief.
4. Transportation of officers and troops.
5. Subsistence of troops at each camp of instruction, practice, march,
or other duty ordered bv the Commander-in-Chief.
6. Horse hire and forage.
7. Eifle practice, including all expenses connected therewith, ex-
cept pay of officers and enlisted men and civilian employes.
Ml STATE MILITIA.
8. Pay of permanent salaried officers, clerks, enlisted men and civil
employes.
9. Miscellaneous expenses.
10. Total expenditures.
§ 11. Naval Kescrve.
1. Armory rent, light, fuel, janitor, etc.
2. Camp and garrison equipage, clothing, equipment, tools and in-
struments.
3. Pay of officers and men for camp or cruise duty, and other duties
ordered by the Commander-in-Chief.
4. Transportation of officers and men.
5. Subsistence of officers and men at each camp of instruction on
practice- cruise, or other duty ordered by the Commander-in-Chief.
(i. Dockage and repairs.
7. Gun and small arms practice, and expenses immediately pertain-
ing thereto.
8. Pay of permanent salaried officers, clerks, enlisted men and civil
employes.
!). Steam engineering department.
10. Miscellaneous expenses.
11. Total expenditures.
The Adjutant General shall also report the total unexpended balance
of appropriation on hand, and shall also report upon such other matters
at such times as shall be required by the Commander-in-Chief.
§ 12. In Iris capacity as head of the Quartermaster's Subsistence
and Ordnance departments, the Adjutant General shall have general
supervision of the State arsenal and armories and the grounds and
buildings of all military camps and rifle ranges, and shall receive and
issue all ordnance and ordnance stores, clothing, camp and garrison
equipage, subsistence stores, and all other public property pertaining
to the military and naval forces of the State, on the order of the Com-
mander-in-Chief.
§ 13. The Adjutant General shall direct and have charge of the
purchase of all military stores and supplies ; purchase of supplies and
stores not exceeding $100 in value shall be purchased in such manner
as the Adjutant General may direct.
§ 14. If such purchase requires an expenditure exceeding $100 and
not exceeding $500, he shall secure written proposals to furnish such
supplies or stores from at least three parties, and shall purchase such
supplies or stores from the lowest responsible bidder.
§ 15. If such purchase shall require the expenditure of a sum ex-
ceeding $500, he shall publicly advertise for at least ten days in one or
more (not exceeding four) newspapers of general circulation, published
or circulated in districts where such supplies or stores are manu-
factured, jobbed or wholesaled, for scaled proposals for furnishing such
supplies or stores, reserving the right to reject any or all proposals;
such proposals shall be accompanied by samples of the stores or sup-
plies proposed to be furnished, when the nature of such stores and sup-
STATE MILITIA. I I .">
plies makes it practicable so to do; such proposals shall be publicly
opened by the Adjutant General at the place, day and hour designated
in such advertisement.
§ 1G. Subject to the approval of the Commander-in-Chief, the Ad-
jutant General shall let all contracts for stores and supplies to the lowest
responsible bidders. A copy of all advertisements, proposals and con-
tracts shall be filed in the office of the Adjutant General.
§ 17. The Adjutant General shall require a bidder to whom a con-
tract is awarded to give bond running to the People of the State in such
sum and with such surety as he shall direct, conditioned upon the faithful
performance of such contract; in case of breach of the conditions of any
such bond, action shall be brought thereon by the Attorney General, and
all moneys recovered shall be turned into the State military fund. All
stores, supplies or property purchased under contract shall be rigidly
inspected by an officer detailed for that purpose by the Commander-in-
Chief, and compared with the samples furnished or with standard sup-
plies and stores -of like character, before tin; same shall he accepted or
paid for.
§ 18. If such stores and supplies so furnished under contract are
not equal in quantity, quality or value to those contracted for, the same
shall he rejected.
§ 19. The above provisions shall apply in the matter of all pur-
chases, except that in time of public danger, or when an emergency ex-
ists, and the Commander-in-Chief so decides, and so orders in writing,
the Adjutant General may purchase, or authorize the purchase, of
stores and supplies in the open market sufficient for the needs of the
emergency I hen existing, without requiring proposals, and without ad-
vertising for the same.
§ 20. All moneys arising from the sale of damaged or surplus mili-
tary stores and property, or from stores or property sold to the 'United
States, shall be turned into the Stale treasury and shall constitute a I'und
to be known as the "State Military Fund," and to he kept separate from
other funds and paid out by the treasurer tor general military purposes
on proper vouchers certified by the Adjutant General and approved by
the Commander-in-Chief.
ARTICLE VII — THE INSPECTOR GENERAL'S DEPARTMENT.
Section 1. The Inspector General's department- shall consist of the
Inspector General (the Adjutant General) and two inspectors general,
namely: One colonel and one lieutenant, colonel.
§ 2. The officers of the Inspector General's department are charged
with making inspections of individuals, troops and organizations of the
National Guard and Naval Reserve. Such inspections shall be made
only in compliance .with competent orders.
§ 3. Any officer of the. National Guard or Naval Reserve may be
detailed by the Commander-in-Chief to make inspections.
§ 4. The entire National Guard and Naval Reserve shall he in-
spected at their home stations at least once in each year.
446 STATE MILITIA.
ARTICLE, VIII. THE QUARTERMASTERS, SUBSISTENCE;, ORDNANCE AND
PAY DEPARTMENTS.
Section 1. The quartermaster's department shall consist of the
quartermaster general (the Adjutant General), one assistant quarter-
master general, colonel, one deputy quartermaster general, lieutenant
colonel, three quartermasters, majors, one assistant quartermaster, cap-
tain, and not to exceed six post quartermaster sergeants.
§ 2. The quartermaster's department is charged with furnishing
all means of transportation, clothing, tentage, fuel, stoves, and other
means of heating; all public animals and forage therefor, water supply,
means of lighting, all building materials and stationery; with the con-
struction of roads and building, and, in general, all necessary supplies
and services not specified for some other staff department.
§ 3. The assistant quartermaster general shall assist the quarter-
master General (the Adjutant General) in his office and as he may
direct in all matters pertaining to the supply departments, and as
directed by him in his capacity as quartermaster general commissary
general and chief of ordinance, and have charge of all property issues,
of accountability and of records in these departments.
§ 4. The captain and assistance quartermaster shall have immediate
charge of the State arsenal and all property and stores therein; he
shall care for all public property in his charge and keep such records
thereof as may be ordered by the quartermaster general, and perform such
other duties pertaining thereto, or otherwise, as may be assigned to him
by authority of the Quartermaster General.
§ 5. The Subsistence department shall consist of the Commissary
General (the Adjutant General), one deputy commissary general, lieu-
tenant colonel, three commissaries, majors, and four post commissary
sergeants.
§ 6. The Subsistence department is charged with the purchase and
issue of all food supplies for the troops, operating bakeries and such
other details as pertain to such duties.
§ 7. The Ordnance department shall consist of the Chief of Ord-
nance (the Adjutant General) and six ordnance officers, namely: One
colonel, one lieutenant colonel, three majors, one captain, and such
number of ordnance sergeants as may be necessary. All ordnance offi-
cers shall be subject to detail as inspectors of small arms practice.
§ 8. The Ordnance department is charged, in general, with furnish-
ing ordnance and ordnance stores as defined in the United States army
regulations.
§ 9. The other officers of the Quartermaster's demrtment and the
officers of the Subsistence and Ordnance departments shall be assigned
to duty with the division and brigades, as directed by the Commander-
in-Chief.
§ 10. The Pay department.
The Adjutant General shall act as Paymaster General and shall be
assisted by officers detailed for the purpose, as may be authorized by the
STATE MILITIA. 447
Commander-in-Chief. He shall have charge of all disbursements of pay
and allowances to officers and men of the National Guard and Naval
Eeserve as may be authorized by law, and render such returns and ac-
counts for such disbursements as may be required by law and regulations.
ARTICLE IX. — THE JUDGE ADVOCATE'S DEPARTMENT.
Section 1. The Judge Advocate's department shall consist of two
judge advocates, one colonel, who shall act as, and perform the duties in-
cident to the office of, Judge Advocate G-eneral, and one lieutenant col-
onel, who shall be judge advocate on the staff of the division commander.
§ 2. Officers of the Judge Advocate's department may be required
to prepare or revise charges and specifications preferred against mem-
bers of the State forces; to advise as to the legality of proceedings and
sentences of general court [courts] martial; to pass upon action of
courts of inquiry and boards convened under Art. XIV, Sec. 7 hereof
and to draft contracts, bonds, deeds, leases, etc., pertaining to the mili-
tary service of the State, as may be referred to them by superior au-
thority in any case. In general they shall serve as legal advisers to the
Commander-in-Chief, the division commander, and the Adjutant Gen-
eral in all matters pertaining to the military and naval service of Illi-
nois.
§ 3. Any officer of the State military or naval service may be de-
tailed as judge advocate of a general court martial ; it shall be his duty
in such case to prosecute, according to law, and the custom and procedure
prescribed in the United States army, the charges preferred against the
person on trial, but at the same time to protect the legal rights of the
accused.
ARTICLE X. — THE ENGINEER AND SIGNAL CORPS.
Section 1. The Corps of Engineers shall consist of the chief en-
gineer, lieutenant colonel, and the officers of engineer troops authorized
under existing or future law.
§ 2. The chief engineer shall serve on the staff of the division com-
mander.
§ 3. The officers of the Engineer Corps shall be men who have re-
ceived an education in some branch of the engineering profession.
§ 4. The Signal Corps shall consist of the chief signal officer, lieu-
tenant colonel, one captain, three first lieutenants, five sergeants, first
class ; nine .sergeants ; ten corporals ; two cooks, eighteen privates, first
class; eighteen privates. At least two-thirds of the officers and men of
the signal corps shall be expert telegraphers or electricians.
§ 5. The chief signal officer shall serve on the staff of the division
commander.
§ 6. All officers and men of the Signal Corps belong to the staff
but for purposes of administration and discipline; a signal corps com-
pany shall be formed, as authorized by the United States regulations.
448 STATE MILITIA.
ARTICLE XI. — THE MEDICAL DEPARTMENT.
Section 1. The medical department shall consist of the medical
corps, composed of commissioned officers regularly attached to the or-
ganized militia — the hospital corps, composing the enlisted strength
thereof, and the medical reserve corps, composed of reserved medical
officers.
§ 2. All appointments of officers in the medical department shall
be made on the recommendation of the commanding officer of the or-
ganization to which they are to be assigned and shall be subject to the
approval of the Surgeon General. Officers of the medical department
below the grade of lieutenant colonel shall hold their respective offices
for the term of five years from date of their latest commissions, respec-
tively, unless removed therefrom by death, resignation or by action of a
board of inquiry or court martial.
§ 3. Examinations of candidates for appointments, and of officers
for promotion to a higher grade in the medical department, shall be as-
prescribed by the Surgeon General, subject to the approval of the Com-
mander-in-Chief.
§ 4. The grade of captain, assistant surgeon, where prescribed for
any organization shall be an original appointment only in case there is
no medical officer of grade of captain already attached to the organiza-
tion.
In case there are one or more medical officers of original grade of first
lieutenant, who have received the advanced grade on account of length
of service, as provided in section 9 of this article, then such vacancy
in the organization shall be in the junior grade only.
§ 5. The field hospital shall be organized under the supervision of
the chief surgeon of the division, and in conformity with like organiza-
tions in the United States army.
The field hospital shall be attached for administrative purposes to
division headquarters, to which the major commanding shall make re-
ports in the same manner as do other commanding officers.
§ 6. All appointees in the medical corps and the medical reserve
corps shall be graduates of reputable medical schools.
§ 7. All officers of the medical corps and the medical reserve corps
at any station shall perform any medical duty, including examination
for enlistments for any or all troops at that station, irrespective of regi-
ment or other organization to which they may be assigned, as directed by
the Surgeon General.
§ 8. The medical corps shall consist of the Surgeon General, with
rank of colonel, and the following for assignment to duty as specified :
One deputy surgeon general, with rank of lieutenant colonel, chief
surgeon of the division.
Fifteen surgeons, majors : One for each brigade and regiment — one
in command of the field hospital, one as medical inspector and chief
sanitary officer on the division staff, and one as secretary to the Surgeon
General.
STATE MILITIA. 449
The following assistant surgeons : One captain for each regiment and
separate battalion, one as assistant to the chief surgeon of the division,
one commanding ambulance company section, and one with the hospital
section of the field hospital; two lieutenants for each regiment, one for
each sej)arate battalion, four for duty with the field hospital, and one
with the signal corps company : Provided, that no battery shall be with-
out medical service, and that, if necessary, an additional first lieutenant
may be assigned to the artillery battalion at the station of a detached
batter}'.
§ 9. Medical officers of original grade of first lieutenant shall be
entitled to promotion to the grade of captain after three years' service
as first lieutenants; such promotion, however, shall not increase the
total number of assistant surgeons herein authorized.
§ 10. Recommendations by commanding officers of regiments and
sejDarate battalions for appointments of medical officers must be confined
to persons living at stations of troops of their respective commands.
§ 11. The hospital corps shall consist of such non-commissioned
officers and privates as may be allowed according to United States army
regulations to different organizations.
§ 12. The members of the hospital corps shall be enlisted for, and
permanently attached to the medical department. Members of the
hospital corps shall be enlisted under the direction of the senior surgeon
of the division, brigade, regiment, separate battalion or compan}*-, or field
hospital, to which they are to be attached for service, subject to such
qualifications as the Surgeon General may prescribe. Sergeants, first
class, and sergeants shall be appointed by the Surgeon General on the
recommendation of the senior surgeon of division, brigade, regiment
or other separate command: Provided, appointments as sergeants, first
class, must follow service of at least one year as sergeant or hospital
steward. Before appointment, sergeants, first class, and sergeants must
pass such examinations as shall be prescribed by tne Surgeon General,
and shall be furnished with warrants signed by the Surgeon General.
The proportion of privates, first class, to privates shall not exceed two
to one. To test the capacity of privates for the duties of non-commis-
sioned officers, brigade surgeons may appoint lance corporals, who shall
be obeyed and respected as corporals, but no detachment shall have
more lance corporals at a time than enough to make the proportion of
non-commissioned officers present for duty one to four privates.
§ 13. The hospital corps detachments of regiments and separate
battalions shall be attached to regimental or battalion headquarters, un-
less otherwise directed by the regimental or other commander, and ap-
proved by the Surgeon General.
§ 14. The Medical Reserve Corps.
For the purpose of securing a reserve corps of competent medical offi-
cers available for military service either in the Xational Guard or in
volunteer forces hereafter organized, and to provide examiners of re-
cruits at points at which there is an organization of troops of the
-29 L
450 STATE MILITIA.
National Guard or the Naval Reserve, but at which there is no medical
officer, the Commander-in-Chief may appoint a sufficient number of as-
sistant surgeons with rank of first lieutenants, not to exceed thirty .
Appointments at such stations shall be on the recommendation of the
local commander and the regimental commander, and the appointees
shall be subject to the same examinations and other conditions as are
required for other medical officers of the same grade.
§ 15. When an officer of the medical corps attached for duty to a
regiment or battalion shall cease to reside at a station of troops, he may
be transferred to the retired list, if he shall have served the requisite
time, or transferred to the medical reserve corps, with his existing rank,
or be honorably mustered out of the service as may be recommended by
the Surgeon General.
§ 16. Officers of the medical reserve corps shall be entitled, but not
required, to wear the uniform of their rank, with such distinguishing
insignia as may be ordered by the Commander-in-Chief.
§ 17. No officer of the medical reserve corps shall be promoted while
therein. If appointed to the medical corps he shall be subject to such
examinations as the Surgeon General may prescribe in each case. Pre-
vious service in the medical reserve corps shall not count for seniority
on transfer to the medical corps.
§ 18. The Naval Reserve shall have the following medical staff:
One surgeon, with rank of lieutenant commander; four passed assistant
Burgeons or assistant surgeons; lieutenants and lieutenants junior grade,
respectively; two pharmacists; four hospital stewards, twenty-four hos-
pital apprentices. Their appointment, relative rank, promotion and
all other rights and obligations shall conform to the provisions herein
governing the Illinois National Guard.
ARTICLE XII. — THE RETIRED LIST.
Section 1. Any commissioned officer who shall have served for a
period, of ten years (including service as an enlisted man) may, upon his
own request, be placed on the retired list. If such officer shall have
had twenty years service in the National Guard or Naval Reserve, or
shall have rendered distinguished service therein, he shall be retired with
the rank next higher than that held by him at the time of his retire-
ment.
§ 2. Commissioned officers of the National Guard or Naval Reserve
shall he retired from active service and placed upon the retired list on
reaching the age of sixty-four years. Every officer retired on account of
reaching the age of sixty-four years shall be retired with the rank next
higher than that held by him on the active list at the time of his re-
tirement.
§ .'!. Officers who may become disabled from wounds, injuries or ill-
ness, so as to he prevented from doing active service thereafter, shall,
on recommendation of a retiring board of live officers, two of whom
shall he medical officers, he placed upon the retired list. If such disa-
STATE MILITIA. 451
bility shall have been incurred directly in the line of duty such officer
shall be retired with the rank next higher than that held by him at the
time such disability was incurred.
§ 4. The Commander-in-Chief may appoint enlisted men and com-
mission them, without examination, as second lieutenants or ensigns
by brevet, upon the recommendation of their commanding officer, and
place them upon the retired list at the same time, providing they have
well served the State in the National Guard or Naval Eeserve, or both
combined, for a period of fifteen years.
§ 5. Officers on the retired list may, with their own consent, and
with the approval of the Commander-in-Chief, be detailed for any duty
that they may be able to perform. When on such duty they shall have
the same status, in all respects, as officers of the same rank on the active
list.
§ 6. A retired officer is eligible to re-enter active service subject to
tbe same rules as to appointment, election and examination as pro-
vided, for other officers, and when so re-entering the service he shall take
the rank pertaining to the office to which he is appointed. Time served
on the retired list, however, shall not be used in reckoning length of
service for qualification in any office in the military or naval service
where such qualification is prescribed.
ARTICLE XIII. — APPOINTMENTS, ELECTIONS AND COMMISSIONS.
Section 1. The Commander-in-Chief shall make all appointments
to commissioned rank in the National Guard and Naval Eeserve, and
commissions evidencing such appointments shall be signed by him and
attested and issued by the Adjutant General.
He shall select the members of his personal staff, who shall hold office
during his pleasure, and appoint the general officers of the National
Guard. No person shall be appointed a general officer of the line unless
he shall be serving at the time of his appointment as an officer not be-
low the grade of major of the line in the National Guard, and shall
have previously served as an officer in the National Guard for not less
than seven years.
§ 2. Staff officers assigned to duty on the division, brigade and regi-
mental staffs, and staff officers of regiments and battalions shall receive
their appointments on the recommendation of the commander on' whose
staff they are to serve in each case, and shall hold office at the discretion
of their respective- immediate commanders.
§ 3. No election of an officer nor recommendation for appointments
of officers of any grade in the National Guard or Naval Eeserve shall
take effect without the approval of the Commander-in-Chief.
§ 4. Commissions to officers shall read to a certain grade in a given
regiment, separate battalion, or staff corps or department. Assignment
to staff, battalion or company duty shall be by order of the Commander-
in-Chief. The issue of all commissions shall be subject to formal ac-
ceptance and the oath of office of the appointee to faithfully serve the
State of Illinois and the United States.
452 ' STATE MILITIA.
§ 5. Vacancies in grade of colonel, lieutenant colonel and major
of the line shall be filled by election; all company officers commissioned
in the regiment, or separate battalion, shall be entitled to vote.
§ 6. Vacancies among company officers shall be filled by election in
the company : Provided, however, that original appointments of officers
in new organizations may be made by the Commander-in-Chief upon the
recommendations of intermediate commanders.
§ 7. All meetings for the election of officers shall be ordered by the
Commander-in-Chief. The order therefor shall be addressed to an offi-
cer of [the] National Guard or the Naval Reserve to preside at such
meeting, who shall, at least one week previous thereto, send a notice
thereof, by mail or otherwise, to each person entitled to a vote. If the
officer designated to preside at such meeting shall not appear thereat,
the senior officer present shall preside. The voting shall be by ballot
and a majority of all votes cast shall be necessary to elect.
§ 8. If there shall be a failure to fill any office at two meetings or-
dered therefor, the Commander-in-Chief may fill the vacancy by direct
ajmointment on recommendation of intermediate commanders.
§ 9. In company elections, except in new companies, no person shall
be permitted to vote unless he shall have been a duly enlisted member
of the company for not less than four months immediately preceding
such election.
§ 10. Previous to company elections, the company commander shall
cause to be conspicuously posted in an accessible place, for not less than
one week prior to any election, a list of electors qualified to- vote for com-
pany officers as provided above, which shall be officially certified by the
company commander and handed to the officer presiding at such election.
§ 11. jSTo officer who is a candidate for an office shall preside at an
election to fill that office..
§ 12. No field officer of the line shall be commissioned in the Na-
tional Guard without prior military service of five or more years, at least
three of which shall have been in commissioned rank. The term "officer
of the line" shall be held to include all officers except those whose com-
missions read to a staff corps or department, chaplains, and aids to the
Commander-in-Chief appointed from civil life.
§ 13. All recommendations for appointments and reports of elec-
tions shall be forwarded to the Adjutant General, through intermediate
commanders, who will endorse thereon their approval or disapproval,
in the latter case giving their reasons.
§ 14. Officers of the Naval Eeserve, line and staff, shall be elected or
appointed in the same manner as is provided for officers gf the National
Guard, according to their assimilated rank, or staff position.
§ 15. Except where otherwise specified herein, all officers hereafter
elected or appointed shall hold their respective offices until they are
vacated by death, resignation or retirement, or by acceptance of anotber
commission in the State Military or Naval service or by sentence of a
general court-martial or finding of a board of officers under Art, XIV,
Sec. 8, hereof: Provided, however, that no officer below the grade of
STATE MILITIA. 453
lieutenant colonel shall be permitted to remain in service longer than
five years without re-examination, both plrysical and professional : And,
further, provided, that any commander having reason to believe that an
officer of his command has become physically unfit for duty may require
such officer to take a physical re-examination, though no officer may be
required to stand re-examination oftener than once a year.
§ 16. All appointments or promotions to grades below lieutenant
colonel in National Guard or commander in Naval Keserve shall be
contingent on passing such examination, as may be prescribed in regula-
tions or general orders by the Commander-in-Chief as suitable for the
grade and arm of service to which such appointment or promotion is
made.
ARTICLE XIV. EXAMINATIONS.
Section 1. The Commander-in-Chief shall provide for examinations
of candidates for appointments in any grade, in any arm or staff corps
or department, and adopt such svstem of examinations as may be most
effective to insure uniform qualifications in such grades.
§ 2. The general scope of examinations shall be uniform for each
grade of the line and for each grade in the various staff departments
respectively, but may be modified from time to time as is found to be
expedient. All examinations shall include inquiry into the personal
fitness of a candidate to creditably fill the office sought.
§ 3. Each person who satisfactorily passes the examinations herein
provided for shall be entitled to a certificate to that effect signed by the
.presiding officer of the board, and the findings of such board shall be
filed in the Adjutant General's office.
§ 4. Certificates in any grade earned in advance shall hold good for
two years, except that a new physical examination shall be required
for appointments made over six months after such examination.
§ 5. An officer or non-commissioned officer appointed or elected to
a higher grade, who has not already received a certificate from a duly
constituted examining board, shall be examined as soon as practicable
thereafter, but shall have at least ten days' notice of the date and place
of examination.
§ 6. Applicants appearing for examination pursuant to notification
shall be entitled to transportation and two days' camp pay of their
grade, whether they pass such examination or not.
§ 7. Any officer of the National Guard or Naval Eeserve having un-
der his command an officer who, in his opinion, is undesirable as an offi-
cer, for any reason other than for physical disability, may recommend,
through military channels, that such officer be ordered before a board1
of officers for investigation. Such recommendations shall fully and
clearly state the facts and reasons on which such opinion of undesira-
bility is based.
§ 8. Whenever a recommendation is made pursuant to the pro-
visions of the preceding section, and such recommendation is approved
by superior commanders, it shall be the duty of the Commander-in-Chief
454 STATE MILITIA.
to convene a board of not less than three nor more than five officers, at
least one of whom shall be a medical officer, to examine into the matter
of such recommendation and the desirability and qualifications of the
officer who is the subject thereof, and report its findings to the Com-
mander-in-Chief, through the Adjutant General. If the said board
finds such officer to be undesirable and such finding is approved by the
Commander-in-Chief, then the commission of such officer shall be va-
cated.
ARTICLE XV. ENLISTED MEN.
Section 1. Any able-bodied man of -good character between the
ages of 16 and 45 years, who can read^and write, and who is a citizen of
the United States, or has declared his intention to become such, may be
enlisted in the National Guard or Naval Eeserve for a term of not less
than three years.
§ 2. Chief and principal musicians, chief trumpeters and privates
in bands, sergeants and privates of the hospital corps, post quarter-
master and post commissary sergeants, and -ordnance sergeants may be
enlisted as such; the non-commissioned officers above shall not be re-
duced to the ranks, but may be discharged as in case of other enlisted
men.
§ 3. No minor shall be enlisted without the written consent of his
parent or guardian; if he have no parent or guardian, then upon the
written consent of a judge of a court of record in the county in which
he resides.
§ 4. A man who has been dishonorably discharged from any mili-
tary or naval organization of this State, or of the United States, or of
any state, territory or district of the United States, shall not be eligible
for enlistment or re-enlistment, unless such dishonorable discharge shall
have been revoked by competent authority.
§ 5. Men who have completed a full term of enlistment in the
National Guard or naval force of any state, territory or district of the
United States, or in the regular or volunteer forces of the United States,
and have been honorably discharged, may re-enlist at any subsequent
time in the National Guard or Naval Eeserve for a term of three years,
but at any time after one year, if their service in such re-enlistment
has been honest and faithful, such men shall be honorably discharged,
on their written application, except when on active duty under the
State or the United States, or when such duty, in the opinion of the
Commander-in-Chief seems imminent.
§ 6. Non-commissioned officers who re-enlist within 10 days follow-
ing their discharge may be re-enlisted in their respective, grades, and
their warrants continued in effect as of their original dates.
§ 7. A man who is of the age of 45 years or upward and is physi-
cally fit, who has served at least one full term of enlistment in the army
or navy of the United States or in the military or naval force of any
state or territorial district of the United States, and who has been hon-
orably discharged, may be enlisted or re-enlisted in the National Guard
STATE MILITIA. 155
or Naval Eeserve upon the approval of the commanding officer of the
regiment, nnassigned battalion or crew in which he desires to be enrolled.
§ 8. All men enlisted in the State service are liable to be called into
the service of the United States by the President thereof, in case of war
or insurrection, and are bound to faithfully serve out the unexpired
portions of their enlistments unless sooner discharged or released by the
United States, and while so serving are subject to the military laws and
regulations of the United States.
§ 9. Every person who enlists or re-enlists in the National Guard or
Naval Eeserve shall sign an enlistment paper in form prescribed by
the Adjutant General, and take the following oath or affirmation, which
may be administered by any commissioned officer : "I do solemnly swear
(or affirm) that I will bear true allegiance to the United States and to the
State of Illinois, that I will support the constitutions thereof and serve
them faithfully for a term of three years from the date hereof, unless
sooner discharged; that I will obey the orders of the Commander-in-
Chief in either case, and of such officers as may be placed over me in
either case, and the laws and regulations governing the military (or
naval) forces of the State, and of the United States, so help me God."
§ 10. Enlisted- men may be transferred on their own application
from one organization to another by the common commander of both
organizations, subject to approval of the immediate commander of each.
An enlisted man removing from the station of his company or division
to that of another company or division may be transferred to the latter
by the Commander-in-Chief, and required to complete his enlistment
therein.
§ 11. An enlisted man who shall remove his residence to such dis-
tance from the armory of his organization as to render it impracticable
for him to perform his military duties properly, or who absents himself
from four successive drills without leave from his commanding officer,
shall be dropped from the roll of his company, or other organization,
by his commanding officer; if any man remains absent without leave
from his company or other organization for a period of two months,
he shall be reported as a deserter..
§ 12. An enlisted man dropped on account of removal under sec-
tion 11 hereof, may be taken up in his former or any other organization
within two years after such dropping, first obtaining, in the latter case,
written permission of his former commanding officer. An "enlisted man
so taken up after being dropped shall receive credit for the time served
in his unexpired enlistment.
§ 13. The officer warranting a non-commissioned or petty officer shall
have power to reduce him to the ranks for good and sufficient reasons.
§ 14. Each enlisted man leaving the service for any authorized rea-
son shall receive a formal discharge paper signed by the commander of
the regiment, independent battalion or company to which he belongs, or
by the commanding officer of the Naval Eeserve, or if attached to the
staff of a general officer, then by that officer.
45G
STATE MILITIA.
Discharges from the State service shall be given to an enlisted man
for the following reasons: 1. Expiration of service. 2, Upon the man's
application, approved by the Commander-in-Chief. ' 3. Upon applica-
tion of a man's immediate commander, for the good of the service, ap-
proved by the Commander-in-Chief. 4. By sentence of a court-martial,
approved by the officer convening the court. 5. Upon conviction of a
felony by a civil court.
§ 15. Discharges shall be either "honorable," "dishonorable," or
"without honor."
a. Honorable discharges shall be given to men whose service has been
honest and faithful, and to whom a character of "good," or better, has
been given by their respective immediate commanders.
b. Dishonorable discharges shall be given to men by sentence of a
general court martial, and to men who have been convict id of a felony
by a civil court.
c. Discharges without honor shall be given to men whose service has
not been honest and faithful. In each case, the man shall be given suffi-
cient notice, and an opportunity to make a defense, in such manner as
shall be provided in regulations. Men so discharged shall not be per-
mitted to re-enlist except by order of the Commander-in-Chief.
§ 16. Men who may be hereafter dishonorably discharged under the
provisions of this Act shall be ineligible to hold any elective or appoint-
ive office, position or employment in the service of the State of Illinois,
or any municipality thereof, for a period of five years, unless such disa-
bility be removed by the Governor.
ARTICLE XVI. — PAY AXD ALLOWANCES.
Sectiox 1. The Adjutant General, in his capacity as Paymaster
General, is charged with all disbursements of pay and allowances for
service of troops.
- § 2. The Adjutant General shall receive $5,000 per }'ear.
The adjutant general who is the chief assistant to The Adjutant Gen-
eral, and the assistant quartermaster general, shall each receive $3,500
per year; the captain and assistant quartermaster in charge of the State
arsenal shall receive $1,500 per }rear.
§ 3. When in actual service of the State, under orders of the Com-
mander-in-Chief, officers of the National Guard and the Naval Eeserve,
except officers on permanent duty and receiving a regular salary, shall
receive the same pay as provided by law for officers of the United States
army and navy of like grade, including longevity pay. ChTef musicians
and veterinarians shall receive the pay of like grades in the United
States service.
§ 4. Enlisted men of the National Guard and Naval Eeserve shall
receive per day, for services actually performed when on active service for
suppression of riot and for the enforcement of the laws, according to
their respective grades as follows:
STATE MILITIA. 457
a. Sergeants major, quartermaster, commissary and Ordnance ser-
geants, of or attached to the division, brigades, regiments or separate
battalions; first class signal and hospital corps sergeants, chief trum-
peters and principal musicians, first sergeants and company quartermas-
ter sergeants, drum majors and color sergeants in the National Guard,
and chief petty officers and petty officers, first class, in the seaman branch
of the Naval Reserve, $2.75.
b. Battalion sergeants major and trumpeter sergeants, chief me-
chanics of batteries, sergeants of the hospital and signal corps, and of
the line in the National Guard, petty officers, first class, except in the
seaman branch, and petty officers, second class, in the Naval Eeserve,
$2.60.
c. Corporals, cooks, musicians and mechanics in the National Guard
and petty officers, third class, and buglers, in the Naval Reserve, $2.25.
d. Privates and seamen, all grades,. $2.00.
§ 5. For each day's service at any encampment, practice march, field
maneuver or cruise or other necessary military duty not specified in the
preceding section, ordered by the Commander-in-Chief, enlisted men shall
receive one dollar ($1.00).
§ 6. Transportation and subsistence for all officers and men on duty
under sections 3, 4 and 5 of this article shall be furnished by the State.
§ 7. The Commander-in-Chief may put officers on necessary mili-
tary duty, with their consent in each case, at less rates than given in
sections 3 and -A.
§ 8. Necessary horses for use of officers and enlisted men whose duty
requires them to be mounted, shall be obtained and furnished by the
quartermaster general, with approval of the Commander-in-Chief,
by direct hire, or by money allowance to commands or individuals, or
otherwise, as may be most economical in any case. The State shall pro-
vide a reasonable allowance for mounts required for Memorial Day
parades.
§ 9. "When officers or enlisted men of the Xational Guard and Naval
Reserve are on duty at camps of instruction, field maneuvers or cruises,
held pursuant to orders of the War Department (and receive pay and
allowances from the United States for such duty) they shall receive from
the State of Illinois the difference between such pay and allowances and
those provided for like duty in sctions 3, 5 and 6 of this article.
§ 10. Any officer or enlisted man of the National Guard or Naval
Reserve who may be wounded or disabled in any way, while on duty
and lawfully performing the same, so as to prevent his working at his
profession, trade or other occupation from which he gains his living,
shall be entitled to be treated by an officer of the medical department de-
tailed by the surgeon general, and to draw one-half his active service
pay, as specified in sections 3 and 4 of this article, for not to exceed thirty
days of such disability, on the certificate of the attending medical officer ;
if still disabled at the end of thirty days, he shall be entitled to draw
pay at the same rate for such period as a board of three medical officers,
458 STATE MILITIA.
duly convened by order of the Commander-in-Chief, may determine to
be right and just, but not to exceed six months, unless approved by the
State Court of Claims.
§ 11. In every case where an officer or enlisted man of the National
Guard or Naval Reserve shall be injured, wounded or killed while per-
forming his duty as an officer or enlisted man in pursuance of orders
from the Commander-in-Chief, said officer or enlisted man, -or his heirs
or dependents, shall have a claim against the State for financial help or
assistance, and the State Court of Claims shall act on and adjust the
same as the merits of each case may demand. Pending action of the
court of claims, the Commander-in-Chief is authorized to relieve emer-
gency needs upon recommendation of a board of three officers, one of
whom shall be an officer of the medical department.
§ 12. Officers of the medical department who attend cases of injury
or illness incurred in the line of duty under section [s | 10 and 11 of this
article shall be entitled to such reasonable compensation in each case as
the circumstances may warrant, as approved by the Surgeon General and
the Commander-in-Chief.
§ 13. Necessary hospital charges incurred in cases stated in sections
10 and 11, and for beds in open or general wards, shall be paid by the
State on proper vouchers made out by the attending medical officer, ap-
proved by the Surgeon General.
§ 14. All payments under sections 10, 11, 12 and 13 of this article
shall me [be] made from the military emergency fund, on proper proofs
and vouchers being submitted.
ARTICLE XVII. — UNIFORMS, ARMS AND OTHER PUBLIC PROPERTY.
Section 1. The uniforms of the National Guard and Naval Re-
serve shall be the same as those of the United States army 'and navy,
respectively, except that they shall be clearly distinguished therefrom by
the letters, "111." worn on the coat collars or otherwise, as directed by the
Commander-in-Chief.
§ 2. No uniforms, arms, equipment or other articles of public prop-
erty may be loaned or issued to any one, except as provided by law and
regulations, nor removed from the armory of any command to which
they have been issued, or other authorized place of storage, except for
use in active or other service, authorized by the Commander-in-Chief,
or except upon written authority of the commanding officer of any regi-
ment, unassigned battalion, or the commanding officer of the Naval Re-
serve.
§ 3. Under such regulations as he may prescribe, the Commander-in-
Chief may authorize the issue to officers for use on military duty only,
of such arms and equipments as may be on hand.
§ 4. The Commander-in-Chief shall require that a bond in a suitable
amount, payable to the People of the State of Illinois, shall be given by
an approved surety company for any officer accountable for public prop-
erty, for its proper care and use as provided herein or by regulations, and
STATE MILITIA. 459
for its return upon demand of competent authority in good order and
condition. fa±r wear and tear and unavoidable loss excepted, subject to
the recommendation of a surveying officer, approved by the Commander-
in-Chief. The charges and expense of all bonds provided for in this
Act shall be paid by the State.
.§ 5. Subject to the approval of the Commander-in-Chief, the quar-
termaster general is authorized to purchase such uniforms and other
equipment for officers as may be necessary from time to time, from the
United States Government under provision of law, and to sell the same
for cash to officers of the National Guard or Naval Eeserve for their use
in the military service, at the net delivered cost to the State.
§ 6. All officers to whom military or naval property of the State or
of the United States may be intrusted, shall be pecuniarily responsible
therefor, under such regulations as may be prescribed by the Commander-
in-Chief.
§ 7. Articles of clothing, equipment or other- property issued to offi-
cers or enlisted men and not accounted for, shall be charged against the
person accountable at the official cost prices, unless he is relieved of
responsibility therefor by a board of survey or survey officer.
§ 8. In case of loss of, or damage to, public property, a survey shall
be ordered, under such regulations as may be prescribed by the Comman-
der-in-Chief, to determine the responsibility for such loss or damage,
and no officer shall be relieved from either accountability or responsibility
for such property, except on the recommendation of a disinterested sur-
veying officer, or board, duly detailed to investigate such loss or damage.
All property or stores found unserviceable by such survey shall be dis-
posed of in the manner prescribed by the U. S. Army or Navy regula-
tions.
ARTICLE XVIII. — ARMORIES AND RIFLE RANGES.
Section 1. No military or naval organization shall be maintained
by the State at any station, town, or city, unless there be there an avail-
able and suitable hall for drills, together with necessary and adequate
company assembly rooms, store and locker and other rooms as may be
required by the Commander-in-Chief.
§ 2. Armories of the naval force shall be situated immediately on
or near navigable waters of the State, in such position as best to pro-
mote the efficiency of the service. The word "armory," as used in any
part of this Act when applied to the naval force, shall be held to include
vessel, boathouse or dock, used as an armory or for the purpose of in-
struction, drill and defense.
§ 3. The armory of each regiment, battalion, company, ship's crew
or division shall be subject to the order of the Adjutant General and be
under the charge of its commanding officer, who shall keep therein all
property furnished by the State ; no company or division shall be furn-
ished with arms or equipments until a suitable armory shall be provided
for their deposit.
460 STATE MILITIA.
§ 4. All target ranges belonging to or leased by the State shall be
administered by the Adjutant General. Gallery ranges shall be main-
tained at all armories occupied by State troops, and every command
shall be given suitable instruction in marksmanship under direction of
the division commander, and regulations as authorized by the Comman-
der-in-Chief.
§ 5. Such number of officers as may be needed shall be detailed for
duty as range officers and for administration work at rifle ranges during
the season of small arms practice, as approved in each case by the Com-
mander-in-Chief.
§ 6. The Commander-in-Chief may institute a jjost organization and
administration at any rifle range or station, as may be for the best
interests of the service.
ARTICLE XIX. — PARADES, DRILLS AND EIELD SERVICE.
Sectiox 1. With the approval of the Commander-in-Chief, the ma-
jor general commanding the National Guard and the captain command-
ing the Naval Reserve shall regulate the number and character of drills
and exercises for organizations of their respective commands while at
their home stations, and shall issue necessary general orders therefor :
Provided, that there shall not be less than forty drills at home stations
each year.
§ 2. The Commander-in-Chief may order a tour of camp or field
duty for the National Guard, or camp duty or cruise for ships' crew or
divisions of the Naval Eeserve of not less than eight nor more than
twelve clays annually, and may extend the time for such tours a greater
number of clays than twelve without expense to the State for pay and
subsistence for such number of days exceeding twelve.
§ 3. The commanding officer of any encampment or parade may
cause those under his command to perform any field or camp duty he
.shall require, and may put under arrest during s.ich encampment or
parade, any member of his command who shall disobey a superior officer
or be guilty of disorderly or unmilitary conduct, and any other person
wdio shall trespass on the parade or encampment ground, or in any way
interrupt or molest the orderly discharge of duty by the members of his
command and expel him from the limits of the camp or confine him
under guard if he deems it necessary, and he may prohibit the sale of
all spirituous or malt liquors within one mile of such encampment, and
maintain such prohibition by force, if necessary : Provided, however, that
nothing herein contained shall be construed to interfere with the regular
business of any liquor dealer whose place of business shall have been
located within the limits named before the beginning of said encamp-
ment.
§ 4. If any person shall molest, interrupt or insult, by abusive words
•or behavior or shall obstruct any officer or soldier or seaman while on
duty at any parade or drill, he may be put immediately under guard,
and kept, at the discretion of the commanding officer, until the duty,
STATE MILITIA. 461
parade or drill is concluded, and such commanding officer may turn over
such person to any sheriff, or to a police officer or constable of a county,
city or town wherein such duty, parade or drill is held, to be dealt with
as the law directs.
ARTICLE XX.— MILITARY OFFENSES.
Sectiox 1. Every officer who knowingly enlists or musters into the
military or naval service of the State of Illinois any minor over the age
of 16 years without the written consent, provided for in Sec. 3, Art.
XV hereof, or any minor under the age of 16 years, or any person who
is disqualified to enlist under this Act, may be punished as a court mar-
tial shall direct.
§ 2. Any officer or enlisted man in the military or naval service of
the State who knowingly makes any false certificates or return to ■ any
superior officer authorized to call for such certificate or return, as to the
state of his command, or as to the quartermaster, subsistence or ord-
nance stores to it issued, or any officer who knowingly musters any offi-
cer or enlisted man by other than his proper name, or who permits any
officer or enlisted man to substitute or sign another name than his own,
or who enters the name of any man not duly or lawfully commissioned or
enlisted on any muster or pay-roll of the State of Illinois, or of the
United States, or who certifies falsely as to any actual duty performed
or amounts due, or who in any other way makes or permits any false
muster or return, or who, having drawn money from the State for pub-
lic use, shall apply the same or any part thereof to any use not duly
authorized, may be punished as a court martial shall direct.
§ 3. Any officer or enlisted man who wilfully or through neglect
suffers to be lost, spoiled or damaged any quartermaster, subsistence or
ordnance stores for which he is responsible or accountable, or who se-
cretes, sells or pawns, or attempts to secrete, sell or pawn, any such stores
or any other military property of the State of Illinois, or by it issued^
may be punished as a court martial shall direct.
§ 4. Any officer or enlisted man who behaves himself with disrespect
toward his superior while in the line of' his duty, may be punished as a
court martial shall direct.
§ 5. Any officer or enlisted man, who, on any pretense whatsoever
strikes his superior or offers any violence against him, being in the execu-
tion of his office, or disobeys any lawful command of his superior, may
be punished as a court martial shall direct.
§ 6. Any officer or enlisted man, not on leave of absence or furlough,
who shall fail to report at any formation of his organization, may be
punished as a court martial shall direct.
§ 7. Any officer who is guilty of conduct unbecoming an officer and
a gentleman, may be punished as a court martial shall direct.
§ 8. . Any officer or enlisted man who shall be guilty of any disorder
or neglect or of other conduct prejudicial to good order and military dis-
cipline, whether mentioned or not in the foregoing sections, may be
punished as a court martial shall direct.
462 STATE MILITIA.
§ 9. Any officer or enlisted man who wilfully absents himself for a
continuous period of two months from the drills or other formations of
his organization, except in time of public disorder or danger, as here-
inafter defined, shall be deemed guilty of desertion and may be punished
as a court martial shall direct.
§ 10. Any officer or enlisted man who wilfully fails or refuses to
report with his organization or quits the same without due authority,
when the same shall be called into the active service of the State of
Illinois in time of public disorder or danger as hereinafter denned, shall
be deemed guilty of desertion and may be punished as a court martial
shall direct.
§ 11. Any officer or enlisted man who, while in the active service of
the State of Illinois, in time of public disorder or danger, as hereinafter
defined, shall commit larceny, robbery, burglary, arson, mayhem, man-
slaughter, murder, rape, assault and battery, or assault and battery with
intent to commit rape, assault and battery with intent to kill, or wound-
ing by shooting or stabbing with intent to commit murder, may be
punished as a court martial shall direct. Should any member of the
National Guard or Naval Eeserve of Illinois, either an enlisted man or
commissioned officer, while in the discharge of his duty on active service
in pursuance of orders from a superior authority, take life or injure any
person or persons or property in such discharge of his duty, the act or
acts upon the part of such enlisted man or commissioned officer shall be
deemed to be justifiable and lawful and he shall not be prosecuted there-
for in any court or incur any civil liability by reason thereof.
ARTICLE XXI. — COURTS MARTIAL.
Section 1. Orders convening a general court martial may be issued
by the Commander-in-Chief, or by the division commander within his
own command. Such orders shall name the members of such court,
which court shall consist of from five to thirteen commissioned officers.
§ 2. Only a general court martial shall be competent to try a com-
missioned officer, or a warrant officer of the Naval Eeserve. When it can
be avoided, no officer shall be tried by officers inferior to him in rank,
and in no event by officers inferior to him in rank belonging to his own
regiment, separate battalion or corps.
§ 3. The commanding officer of the division, or any brigade, regi-
ment, unassigned battalion, ship's crew or detached company or other
independent organization, or post, may appoint a summary court mar-
tial, to consist of one commissioned officer of his command for the trial
of enlisted men of his command.
§ 4. A general court martial shall have authority and jurisdiction
to try officers and enlisted men for any of the offenses enumerated in
article XX of this Act.
Upon the conviction by a general court martial of any officer or en-
listed man of any of the offenses, enumerated in sections 1 to 9, both in-
clusive, of article XX of this Act, such general court martial may im-
STATE MILITIA. 463
pose one or more of the following punishments : Cashiering and dis-
missal of officers, reduction of non-commissioned officers to the ranks,
reprimand, dishonorable discharge in the case of enlisted men, fine not
•exceeding one hundred dollars, imprisonment not exceeding thirty days
in a military guard house or in the county jail of the county in which the
immediate organization of the accused is permanently located, or both
such fine and imprisonment.
§,5. Upon conviction by general court martial of any officer or en-
listed man for the offense of desertion as defined in section 10 of article
XX of this Act, such general court martial shall dismiss or dishonorably
•discharge the offender from the service,- and shall have the power and
jurisdiction to impose a fine of not exceeding $500 or imprisonment in
-a military guard house or in the county jail of the county in which the
immediate organization of the accused is permanently located for not
exceeding six months, or both such fine and imprisonment.
§ 6. A general court martial ordered to try an officer or an enlisted
man for any of the offenses enumerated in section 11 of article XX of
this Act, shall be a full court of thirteen members, and, in case of con-
viction, such general court shall impose a sentence upon the accused of
the same kind and degree as is provided by the criminal code of the
State of Illinois for the like offense in each case.
§ 7. In any trial under the preceding section, (sec. 6) the State's
attorney of the county where the offense is alleged to have been com-
mitted, or his representative, shall have the same right to be present at
all sessions of any such court martial as the judge advocate of the court,
and to produce evidence and to examine and cross examine all witnesses.
§ 8. A summary court martial shall have authority and jurisdiction
to try enlisted men for any minor offenses enumerated in sections 1 to
8, both inclusive of article XX of this Act. Such summary court mar-
tial may, upon conviction, impose one or more of the following punish-
ments : Eeprimand, forfeiture of whole or part of pay, fine not exceeding
$5.00, or in default of payment after approval, imprisonment not exceed-
ing five days in a military guard house, or in the county jail of the
county in which the immediate organization of the accused is perman-
ently located.
§ 9. All proceedings by court martial shall be conducted in the
same manner and by the same rules and methods of procedure, as nearly
as may be, as are prescribed for courts martial in the United. States
army. In such trials by general courts martial the accused shall be
entitled to be represented by counsel by him employed, or by a suitable
officer of the Illinois National Guard or Naval Reserve, to be designated
by said court, or detailed by the officer convening the same, at the request
of the accused.
§ 10. All proceedings of courts martial shall be forwarded to and
receive approval of the officer ordering the same before sentence shall
go into effect; and such officer may remit, mitigate or commute such sen-
464 STATE MILITIA.
tence. ~No sentence of dismissal of an officer, or which includes a fine
of more than $100, or imprisonment for more than thirty clays, shall
take effect without the approval of the Commander-in-Chief.
§ 11. Witnesses for the prosecution or defense may be summoned
to attend by subpoena signed by the judge advocate. Any witness, duly
summoned, who shall fail to appear and testify, may be arrested on war-
rant of the president of the court, directed to the sheriff or any constable,
and treated as in like cases before civil courts. The fees of all witnesses
not in the military service of the State shall be the same as allowed in
civil cases, and shall be added to the necessary expenses of the judge ad-
vocate and the court, by the president thereof. The Auditor of Public
Accounts is hereby authorized and directed to issue his warrant for the
payment of the above fees and expenses, the same to be certified to by the
Adjutant General and approved by the Commander-in-Chief. All such
sums so certified and approved shall be payable from the appropriation
made for ordinary and contingent expenses of the Illinois Xational
Guard. The Avarrant shall be made payable to the judge advocate, who
shall pay all the expenses of the trial from the proceeds thereof.
§ 12. All or any fines assessed by general or summary courts martial
may be charged against any drill or field service or other credit due to
the person so fined, so far as such credit suffices to pay the same, and
any balance still due may be collected as in section 13 of this article.
§ 13. Whenever the sentence of a general court martial shall include
a fine, and such sentence shall have been approved by the officer ordering
such court the Adjutant General shall issue a warrant for the collection
of such fines, directed to the sheriff or any constable of the county where-
in the person against whom such fine is imposed resides, and such officer
shall collect such fine in the same manner as he is authorized to collect
debts in civil suits; and he shall make return within twenty days after
receiving the same to the Adjutant General. In default of the pay-
ment of such fine, or if the officer executing such warrant shall certify
that there is no property of the defendant out of which to satisfy such
warrant, the Adjutant General shall issue a warrant of commitment,
directed to such sheriff or constable, who shall forthwith take the body of
such delinquent, convey him to the common jail of such county and
make return thereof to the Adjutant General.
Such warrant of commitment for such default shall specify the amount
in dollars of the said fine, and such delinquent shall remain in the cus-
tody of the keeper or warden of such common jail the same number of
days as there are dollars of said fine unpaid.
Warrants for the collections of fines imposed by summary courts, and
warrants for commitment for non-payment thereof, shall be issued by the
officer appointing such summary court.
§ 14. Whenever the sentence of a general court martial shall be or
include imprisonment in a county jail, or in a State penitentiary, and
such sentence shall have been approved by the officer ordering such court,
the Adjutant General shall issue a warrant of commitment, directed to
STATE MILITIA. 465
the sheriff of the county wherein the defendant resides, who shall forth-
with take the body of such defendant, convey him to the county jail or
State penitentiary mentioned in said warrant, and make return thereof
to the Adjutant General.
All such warrants of commitment shall be accompanied by a copy of
the finding of such court, as approved by the officer ordering the same,
certified as a true copy by the Adjutant General, and the same shall be
sufficient authority to the sheriff of the county or the warden of the
penitentiary to imprison such convicted person.
If such sentence shall be, or include imprisonment in a military
guard house, such sentence shall be executed by order of the officer ap-
proving such sentence.
§ 15. It shall be the duty of the keepers and wardens of all county
jails to receive and confine all military offenders, when delivered by such
sheriff or constable, under such warrant or commitment, for and dur-
ing' the term of sentence set forth in such commitment, or for an equal
number of days as there are dollars in any fine so defaulted in payment.
§ 16. All fines levied and collected under the provisions of this
article shall be paid to the Treasurer of the State, who shall credit the
same to the military fund of the State.
§ 17. For each day's duty, as a member of a general court martial,
or as a witness or a defendant under summons from the president or
judge advocate of a court martial, officers and men shall be paid as pro-
vided in sections 3 and 5 of article XVI hereof.
§ 18. Judge advocates of general courts martial and summary court
officers are empowered to administer oaths to witnesses before such
courts and to take such depositions as may be required for use in mili-
tary trials. Such officers and all adjutants are empowered to take
acknowledgments and oaths to affidavits pertaining to the loss or damage
to property, to applications for discharge, and in general to any military
documents or business which would otherwise require the action of a
civil officer authorized by law to take acknowledgments! Such oaths,
affidavits and acknowledgments shall have the same legal force and
effect as if taken by a civil officer now authorized by law to take acknowl-
edgements. Depositions of witnesses residing outside the State of Illi-
nois may be taken before any civil officer authorized by law to take the
same, upon reasonable notice given. Such depositions may be either
upon oral or written interrogatories.
Oaths of office to any military or naval officer in the service of this
State may be administered by any commissioned officer thereof.
The presiding: officer, or recorder, of any military board duly ap-
pointed to conduct any investigation or survey, or an officer detailed for
such rmrnose may likewise administer oaths to any witness attending
to testify in such investigation.
-30 L
I 66 STATE MILITIA.
ARTICLE \ S II.— MOBS, RIOTS AND DISTURBANCES.
Section i. Whenever there is in any city, town or county a tumult,
riot, mob or body of men acting together by force with attempt to corn-
mil a felony, or to offer violence to persons or property, or by force or
violence to break or resist the Laws of the State, or when such tumult, riot
or mob is threatened it shall be deemed that a time <>l' public disorder mid
danger then exists, and il shall be the duly of the Governor thereupon
to order such military or naval force as be may deem necessary, to aid
the civil authorities in suppressing such violence and executing the Law.
§ 3. Whenever any military or naval force shall be so ordered out
by the Commander-in-Chief, the commanding officer thereof may arrest
any person or persons in view without process and hold them in custody
until, by order of the Commander-in-Chief, such person or persons shall
be discharged from custody or delivered over to the civil authorities.
Such commanding officer may also use such force as he may deem neces-
sary to suppress riots, disperse mobs, restore peace and execute the law.
§ :'». Orders from civil officers to any military or naval commander
shall specify only the work to be done or result to be attained, and shall
not include the method to be employed, as to which the military or naval
officer shall exercise his discretion and be the sole judge as to what
means are necessary.
§ I. Whenever twelve or more persons, any of them armed with (dubs
or dangerous weapons, or thirty or more, armed or unarmed are unlaw-
fully, riotously or tumultuously assembled in any city, village or (own, it
shall be the duly of each of the municipal officers, constables ami jus-
tices of the peace, and of the sheriff of the county and his deputies, and
of the commanding officer of such military force as may be present on
duty, or any or either of them, to go among the persons so assembled,
or as near them as safety will permit, and in the name of the State com-
mand them immediately to disperse; and if they do not obey, every per-
son refusing to disperse shall be deemed one of such unlawful assembly,
and shall be fined not exceeding $500 and confined in the county jail
nol exceeding one year; and each officer having notice of such unlawful
assembly and refusing or neglecting to do his duty in relation thereto,
as aforesaid, shall he lined nol exceeding $300.
When persons so unlawfully assembled neglect or refuse, on command,
as aforesaid, to disperse, it shall be the duty of each of the above mun-
icipal or military authorities, or either of them, to forthwith suppress
such assembly and disperse the persons composing it, in such manner as
niav b" mesl expedient.
If in the efforts made as aforesaid to suppress such assembly, and to
arresl and secure the persons composing il who neglect or refuse to dis-
perse, though the number remaining be less than twelve, any such per-
sons, or any persons, present as spectators or otherwise, are killed OT
wounded, said magistrates, officers, military force, and persons acting
with them or by their order, each and all of them, shall be held imiltless
of any crime, and justified in law.
STATE MILITIA. 467
§ 5. It shall be unlawful for any person to assault or fire upon,
throw a missle at, against or upon, any member or body of the National
Guard or Naval Eeserve, or civil officer or other person lawfully aiding
them, when going to, returning from or performing any duty under the
provisions of this article, and any person so offending shall be guilty
of a felony, and may on conviction be imprisoned in the penitentiary
for not less than two nor more than five years.
§ 6. If any portion of the National Guard or Naval Reserve, or
person lawfully aiding them in the performance of any duty are assailed,
assaulted, attacked, or in imminent ■ clanger thereof, the commanding
officer of such National Guard or Naval Eeserve may at once proceed
to quell such attack and disperse the attacking parties, and take all
other steps for the safety of his command that he may deem necessary.
§ 7. If any member of the National Guard or Naval Eeserve in the
performance of his military duty, or in pursuance thereof, and while
acting in his capacity as a member of the National Guard or Naval
Eeserve, shall kill, wound, maim or injure any person, or shall cause,
order or direct the killing, wounding, maiming or injuring of any per-
son, or the injury, destruction or confiscation of any property, real or
personal, it shall be the duty of the officer commanding the military force
of which such member is a part, as soon as possible thereafter, to convene
a board of inquiry, to consist of not less than two nor more than five
commissioned officers of the military or naval force, who shall examine
and inquire into the facts in connection with, or in relation to the act or
acts to be inquired of, and take the substance of the proof or evidence of
the witnesses to, and participants in, such acts or acts down in writing,
and transmit the same, together with their findings and conclusions from
the facts adduced -before said board to the Adjutant General through
military channels.
The findings of said board shall include one of the following recom-
mendations, to-wit : That the officer or enlisted man under investigation
be brought to trial before a general court martial, or that he be wholly
exonerated and acquitted of responsibility for his said acts, or that he
be turned over to the civil authorities to be dealt with as the law directs.
The officer commanding said military force may cause the arrest of
any member of the National Guard or Naval Eeserve so killing, wound-
ing or injuring any person or persons, or of the officer, or the non-com-
missioned, petty or warrant officer directly responsible therefor, by
reason of orders given by him in the execution of his military duty, or
otherwise, and hold him in arrest until he shall be discharged by com-
petent authority.
§ 8. If any member of the National Guard or Naval Eeserve shall
be prosecuted by civil or criminal action for any act performed or com-
mitted by such member, or any act caused, ordered or .directed by such
member to be done or performed in furtherance of and while in the per-
formance of his military duty, all the expense of the defense of such
action or actions, civil or criminal, including attorney's fees, witnesses'
468 STATE MILITIA.
fees for the defense, defendant's court costs, and all costs for transcripts
of records and abstracts thereof on appeal by the defense, shall be paid
by the State : Provided, that the Attorney General of the State shall
be first consulted in regard to, and approve, of the selection of the at-
torney for the defense : And, provided, further, that the Attorney Gen-
eral of the State may, if he sees fit, assume the responsibility for the
defense of such member and conduct the same personally or by any one
or more of his assistants.
§ 9. The expenses of such defense, as provided for in the preceding
section, shall be paid by the Adjutant General out of the military emer-
gency or other military fund of the State, upon vouchers and bills ap-
proved by the Attorney General.
ARTICLE XXIII. GENERAL PROVISIONS.
Section 1. No part of the land or naval forces shall leave the State
with arms and equipments without the consent of the Commander-in-
Chief.
§ 2. It shall not be lawful for any body of men other than the regu-
larly organized volunteer militia of this State, troops of the United
States, Grand Army posts, camps of the Sons of Veterans or organiza-
tions of ex-soldiers of the Spanish-American war or Philippine insur-
rection to associate themselves together as a military company or or-
ganization, to drill or parade with arms in this State, except as herein-
after authorized : Provided, that by and with the consent of the Gov-
ernor, independent regiments, battalions or companies, organized for the
purpose of recreation or to acquire military knowledge that may better
enable them to serve the State in time of public peril, if such should
arise, may associate themselves together as a military body or organiza-
tion and may drill or parade with arms in public in this
State : Provided, further, that students of educational institutions,
where military drill is a part of the course of instructions, may, with
the consent of the Governor, drill and parade with arms in public under
command of their military instructor: Provided, that nothing herein
contained shall be construed so as to prevent benevolent or social organ-
izations from wearing swords. All military organizations in and bV
this section permitted to drill and parade with arms, shall, on occasions
of public parade, be required to carry the United States flag in addition
to any private ensign which they may carry : Provided, that the con-
sent herein specified may be withdrawn at the pleasure of the Governor.
§ 3. Whoever offends against the provisions of the preceding section
or belongs to, or parades with, an}r such unauthorized body of men with
arms shall be punished by a fine not exceeding the sum of one hundred
dollars ($100), or by imprisonment in the common jail for a term not
exceeding six months, or both.
§4. A person who, either by himself or with another, wilfully de-
prives a member of the National Guard or Naval Eeserve of his employ-
ment, or prevents his being employed by himself or another, or obstructs
STATE MILITIA. 469'
or annoys said member of said National Guard or Naval Eeserve or his
employer in respect of his trade, business or employment, because said
member of said National Guard or Naval Eeserve is such member, or
dissuades any person from enlistment in the said National Guard or
Naval Eeserve by threat of injury to him in case he shall so enlist, in re-
spect of his employment, trade or business, shall be deemed guilty of
misdemeanor, and upon conviction thereof shall be fined in any sum
not exceeding five hundred dollars ($500). And it shall be the duty
of the State's attorney of the county wherein said information is made
or offense committed, to prosecute said action in the name of the People
of the State of Illinois.
§ 5. Any person not a member of the army or navy of the United
States, or of the national guard or naval reserve of one of, the states, or
of the Grand Army of the Eepublic or other patriotic military societies,
or independent military organizations as authorized under section 2
of this article, who shall wear any uniform or designation of rank in
use by the national guard and naval reserve, used or authorized in this
Act, be guilty of a misdemeanor, and, upon conviction, shall be fined in
the sum of not less than twenty dollars ($20) nor more than one hun-
dred dollars ($100). Such offender shall be proceeded against as in
the case of other misdemeanors under the statute, and the person so fined
shall be committed as provided by law.
All fines collected under this section shall be transmitted by the offi-
cer or magistrate collecting the same to the State Treasurer, for the
benefit of the military fund.
§ 6. It shall be the duty of the State's attorney of the county where-
in any person shall be imprisoned in pursuance of a conviction under
any provision of this Act, to resist before the courts any application for
•a writ of habeas corpus that may be prosecuted by such person so con-
victed.
§ 7. The word "officer," as used in this Act, means any commis-
sioned officer of the land and naval forces of the State, and the words
"enlisted man" as used in this Act, means all other members of the
land and naval forces of the State.
§ 8. The words "battalion" and "company," when used in this Act
in a general sense, apply to a squadron, troop or battery of the National
'Guard, or to a division of the Naval Eeserve, as the case may be.
§ 9. The following Acts are hereby repealed:
(1) An Act entitled, "An Act to provide for the organization of the
State militia and entitled, 'The Military Code of Illinois/ " approved
May 28, 1879, as amended by an Act approved June 26, 1885, and as
further amended by an Act approved June 15, 1887, and as further
amended by an Act approved June 22, 1891, and as further amended by
an Act approved June 21, 1895.
(2) An Act entitled, "An Act to revise the military and naval code
of the State of Illinois," approved June 11, 1897.
470 STATE MILITIA TOWNSHIP ORGANIZATION.
(3) An Act entitled, "An Act to revise the military code of the
State of Illinois/' approved April 24, 1899, as amended by an Act ap-
proved May 11, 1901.
(1) 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, as amended by an Act approved May 28, 1907.
(5) All other Acts and parts of Acts in conflict herewith.
Approved June 10, 1909.
TOWNSHIP ORGANIZATION.
TOWN OFFICERS — BIENNIAL, ELECTIONS.
§ 1. Term of clerk, assessor and col- § 2. Repeal.
lector two years. 1
(House Bill No. 59. Approved June 14, 1909.)
An Act to provide for the election of town clerics, township assessors
and township collectors in counties under township organization and
to fix their term of office.
Section 1. Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly:, That the town clerks, township as-
sessors and township collectors elected at the annual town meetings in
their respective towns in the counties now under township organization,
on the first Tuesday of April, 1910, and every two years thereafter and
in counties which may hereafter adopt township organization, shall hold
their offices for two years, and until their successors are elected and
qualified, and the term of said office is fixed at two years.
§ 2. All Acts or parts of Acts inconsistent with the provisions of
this Act are hereby repealed.
Approved June 14, 1909.
TOWN OFFICERS — COMPENSATION.
§ 1. Amends section 1, Act of [1874.] i § 1. As amended, increases
per diem of town
I clerk and supervisor.
(House Bill No. 275. Approved June 10, 1909.)
An Act to amend section 1 of article XV of an Act entitled, "An Act
to revise, the law in relation to township organization" approved and
in force March J/., 181k-
Section 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That section 1 of article XV of an
Act entitled, "An "Act to revise the law in relation to townshio organiza-
tion," be and the same is hereby amended to read as follows:
§ 1. The following town officers shall be entitled to compensation
at the following rates for each day necessarily devoted by them to the
service of the town in the duties of their respective offices:
TOWNSHIP OKUANIZATIO.N. 171
1. The town clerk and supervisor shall receive for their services three
dollars per day when attending to town business out of town and two
dollars and fifty cents for town business in their town. This additional
pay per diem to include the supervisors and assistant supervisors who
are residents of the county seat while the board of supervisors are in reg-
ular session or engaged in regular committee work : Provided, that the
supervisors, when attending to their duties as overseers of the poor,,
shall be regarded as town officers, and their compensation for services
as such overseers of the poor shall be fixed by the town board of auditors
and be paid out of the town fund and a tax levy be made to cover same
at the annual town meeting. The compensation of the overseer of the
poor to be fixed at the annual meeting in March each year : And, pro-
vided, further, that the town clerk shall receive fees, and not a per diem,
for the following services.
For serving notices of election upon town officers, as required by law,
twenty-five cents each.
For filing any paper required by law to be filed in his office, ten cents
each.
For posting up notices required by law, twenty-five cents each.
For recording any order or instrument of writing authorized by law,
eight cents for each one hundred words.
For copying any record in his office, and certifying to the same, eight
cents for every one hundred words, to be paid by the person applying
for the same.
For copying by-laws for posting or publication, eight cents for each
one hundred words, to be paid by the town.
The town assessor shall receive for his services same per diem as
before.
2. The pound master shall be allowed the following fees for his ser-
vices, to-wit:
For taking into the pound and discharging therefrom horses, asses,
mules and meat cattle, ten cents each; sheep or lambs, three cents each;
and swine, large or small, five cents each.
He may also be allowed to receive his reasonable charges for the keep-
ing of such animals. The amo:nt which he shall charge therefor may
be regulated by the town meeting.
3. The officers composing the board of appointment, in case of va-
cancy, when they shall meet for that purpose, and the officers composing
the board of town auditors, shall each be entitled to one dollar and fifty
cents a day for their services.
4. No justice of the peace or town officer shall be entitled to any fee
or compensation from any individual elected or appointed to a town
officer [office] for administering to him the oath of office.
Appkoved June 10, 1909.
472 wills.
WILLS.
APPEALS — EVIDENCE.
§ ].. Amends section 13, Act of 1872. | § 13. As amended, either
party may appeal.
(Senate Bill No. 22. Approved June 5, 1909.)
An Act to amend section 13 of "An Act in regard to wills/' approved
March 20, 1872, in force July 1, 1872.
Section 1. Be it enacted by the People of the State of Illinois repre-
sented in the General Assembly: That section 13 of an Act entitled, "An
Act in regard to wills," approved March 20, 1872, in force July 1, 1872,
be and the same is hereby amended so as to read as follows:
§ 13. When the probate of any will and testament shall have been al-
lowed or refused by any county or probate court, and an appeal shall have
been taken from the order or decision of such court, allowing or refusing
to admit such will to probate, into the circuit court of the proper county,
as provided by law, it shall be lawful for the party seeking probate of
such will to support the same, on hearing in such circuit court, by any
evidence competent to establish a will in chancery ; and in case probate of
such will shall be allowed on such appeal, it shall be admitted to probate,
liable, however, to be subsequently contested, as provided in the case
of wills admitted to probate in the first instance.
Approved June 5, 1909.
foreign wills — admission to probate.
§ 1. Amends section 10, Act of 1872. I § 10. As amended, adds pro-
vision concerni ng
situs of specialty
debts.
(Senate Bill No. 265. Approved June 10, 1909.)
An Act to amend section 10 of an Act entitled, "An Act in regard to
wills/' approved March 20, 1872, in force July 1, 1872.
Section 1. Be it enacted by the People of the State of Illinois repre-
sented in the General Assembly: That section 10 of an Act entitled,
"An Act in regard to wills," approved March 20, 1872, in force July
1, 1872, be amended so as to read as follows :
§ 10. All wills, testaments and codicils, which heretofore have been
or shall hereafter be made, executed and published out of this State,
may be admitted to probate in any county in this State in which the
testator may have been seized of lands or other real estate, or in which
his personal estate or part thereof shall lie, at the time of his death, in
the same manner, and upon like proof, as if the same had been made,
executed and published in this State, whether such will, testament or
codicil has first been probated in the state, territory or country in which
WILLS. 47;
it was made and declared or not. And all original wills, or copies there-
of, duly certified according to law, or exemplifications from the records,
in pursuance of the law of Congress in relation to records in foreign
states, may be recorded as aforesaid, and shall be good and available in
law, the same as wills proved in such county courts. For the purpose
of granting administration of both testate and intestate estates, the
situs of specialty debts shall be where the instrument happens to be, and
of simple contract debts and other choses in action where the debtor re-
sides.
Approved June 10, 1909.
PROBATE OF WILLS WITHOUT NOTICE.
§ 1. Amends Act of 1897 by adding proviso concerning appearance and waiver
of notice.
(House Bill No. 363. Approved June 8, 1909.)
An" Act to amend an Act entitled, "An Act in relation to the probate of
wills/' approved June 3, 1891 , in force July 1, 1897.
Section" 1. Be it enacted by the People of the State of Illinois repre-
sented in the General Assembly : That an Act entitled, "An Act in rela-
tion to the probate of wills," approved June 3, 1897, in force July 1,
1897, be amended to read as follows:
That before any will shall be admitted to probate the person desiring
to have the same probated shall file a petition in the probate court of the
proper county asking that said will be admitted to probate, which peti-
tion shall state the time and place of the death of the testator and the
place of his residence at the time of his death, also the names of all of
the heirs-at-law and legatees, with the place of residence of each, when
known, and when unknown the petition shall so state, and the said peti-
tion shall be verified by the affidavit of the petitioner. And thereupon
the clerk of said county court shall send by mail to each of said parties
a copy of said petition, within five days after the filing thereof, and not
less than twenty days prior to the hearing on said petition. And in case
the postoffice address of any of said parties is not shown by the said
petition, then publication shall be made for at least three weeks before
the day set for the hearing in a newspaper of general circulation pub-
lished in the county where said will is to be offered for probate, which
publication notice shall contain the name of the testator, the heirs-at-
law and legatees, when known, the time and place where said will is to
be offered for probate : Provided, that in case such a petition is not filed
and a will has been deposited in said county court for the space of 10
days, then it shall be the duty of the county court to proceed to probate
said will without petition being filed, but only after having caused publi-
cation and notice of the intention to probate said will to be given to the
parties in interest as to the court may seem proper: And, provided, fur-
ther, that if, on the presentation of such petition, all of the heirs and
474 wills.
legatees of such testator shall personally appear in court or, in case they
are of legal age and under no disability shall file in writing their appear-
ance and waiver of notice, then, such will may be admitted to probate
without notice.
Approved June 8, 1909.
JOINT RESOLUTIONS. 475
JOINT RESOLUTIONS.
Adjournment — January 14 to January 18.
(Senate Joint Resolution No. 5.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Thursday, January 14, 1909, they
stand adjourned until Monday, January 18, 1909.
Adopted by the Senate January 13, 1909.
Concurred in by the House January 13, 1909.
Adjournment — January 21 to January 26.
(Senate Joint Resolution No. 7.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Thursday, January 21, 1909, they
stand adjourned until Tuesday, January 26, 1909, at 10:00 o'clock, a. m.
Adopted by the Senate January 21, 1909.
Concurred in by the House January 21, 1909.
Adjournment — January 28 to February 2.
(Senate Joint Resolution No. 8.)
Resolved, by the Senate, the House of Representatives concurring herein.
That when the two houses adjourn on Thursday, January 28, 1909, they stand
adjourned until Tuesday, February 2, 1909.
Adopted by the Senate January 28, 1909.
Concurred in by the House January 28, 1909.
Adjournment1 — February 5 to February 9.
(Senate Joint Resolution No. 11.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, February 5, 1909, they stand
adjourned until Tuesday, February 9, 1909.
Adopted by the Senate February 4, 1909.
Amended by the House February 4, 1909.
Concurred in by the Senate February 4, 1909.
476 JOINT RESOLUTIONS.
Adjournment — February 11 to February 16.
(Senate Joint Resolution No. 17.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Thursday, February 11, 1909, they
stand adjourned until Tuesday, February 16, 1909.
Adopted by the Senate February 11, 1909.
Concurred in by the House February 11, 1909.
Adjournment — February 18 to February 23.
(Senate Joint Resolution No. 19.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Thursday, February 18, 1909, they
stand adjourned until Tuesday, February 23, 1909, at 11:50 o'clock, a. m.
Adopted by the Senate February 18, 1909.
■ Concurred in by the House February 18, 1909.
Adjournment — February 25 to March 2.
(Senate Joint Resolution No. 20.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Thursday, February 25, 1909, they
stand adjourned until Tuesday, March 2, 1909, at 10:00 o'clock, a. m.
Adopted by the Senate February 25, 1909.
Concurred in by the House February 25, 1909.
Adjournment — March 4 to March 9.
(Senate Joint Resolution No. 22.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn Thursday, March 4, 1909, they stand
adjourned until Tuesday, March 9, at 10:00 o'clock, a. m.
Adopted by the Senate March 3, 1909.
Concurred in by the House March 4, 1909.
Adjournment — March 12 to March 16.
(Senate Joint Resolution No. 23.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, March 12, 1909, they stand
adjourned until Tuesday, March 16, 1909, at 10:00 o'clock, a. m.
Adopted by the Senate March 11, 1909.
Concurred in by the House March 11, 1909.
Adjournment — March 19 to March 23.
(Senate Joint Resolution No. 26.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, March 19, 1909, they stand
adjourned until Tuesday, March 23, 1909.
Adopted by the Senate March 18, 1909.
Concurred in by the House March 18, 1909.
JOINT RESOLUTIONS. 477
Adjournment — March 26 to March 30.
(Senate Joint Resolution No. 27.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, March 26, 1909, they stand
adjourned until Tuesday, March 30, 1909.
Adopted by the Senate March 25, 1909.
Concurred in by the House March 25, 1909.
Adjournment — April 2 to April 7.
(Senate Joint Resolution No. 29.)
Resolved, by the Senate, the House of Representatives concurring .herein,
That when the two houses .adjourn on Friday, April 2, 1909, they stand
adjourned until Wednesday, April 7, 1909.
Adopted by the Senate April 1, 1909.
Concurred in by the House April 1, 1909.
Adjournment — April 9 to April 14.
(Senate Joint Resolution No. 30.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, April 9, 1909, they stand
adjourned until Wednesday, April 14, 1909, at 10:00 o'clock, a. m.
Adopted by the Senate April 8, 1909.
Amended by the House April 8, 1909.
Concurred in by the Senate April 8, 1909.
Adjournment — April 16 to April 21.
(Senate Joint Resolution No. 3 4.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, April 16, 1909, they stand
adjourned until Wednesday, April 21, 1909.
Adopted by the Senate April 15, 1909.
Concurred in by the House April 15, 1909.
Adjournment — April 23 to April 27.
(Senate Joint Resolution No. 35.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, April 23, 1909, they stand
adjourned until Tuesday, April 27, 1909, at 10:00 o'clock, a. m.
Adopted by the Senate April 22, 1909.
Concurred in by the House April 22, 1909.
Adjournment — April 30 to May 4.
(Senate Joint Resolution No. 3S.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, April 30, 1909, they stand
adjourned until Tuesday, May 4, 1909.
Adopted by the Senate April 29, 1909.
Concurred in by the House April 30, 1909.
478 JOINT RESOLUTIONS.
Adjournment — May 7 to May 10.
(Senate Joint Resolution No. 39.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two Houses adjourn on Friday, May 7, 1909, they adjourn
until Monday, May 10, 1909, at 5:00 o'clock, p. m.
Adopted by the Senate May 6, 1909.
Concurred in by the House May 7, 1909.
Adjournment — May 14 to May 17.
(Senate Joint Resolution No. 41.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, May 14, 1909, they stand
adjourned until Monday, May 17, 1909, at 5:00 o'clock, p. m.
Adopted by the Senate May 13, 1909.
Concurred in by the House May 13, 1909.
Adjournment — Sine Die.
(Senate Joint Resolution No. 44.)
Resolved, by the Senate, the House of Representatives concurring herein,
That when the two houses adjourn on Friday, June 4, 1909, they stand
adjourned sme die.
Adopted by the Senate June 3, 1909.
Concurred in by the House June 3, 1909.
Battle of Lake Erie— Centennial Anniversary Commission.
(Senate Joint Resolution No. 37.)
Resolved, by the Senate, the House of Representatives concurring herein,
That the Governor is hereby authorized to appoint a commission, consist-
ing of five persons to represent the People of the State of Illinois, at the
celebration of the Centennial Anniversary of the Battle of Lake Brie to be
held at Put-In-Bay Island in the year 1913, and to consult and cooperate
with like commissions from other states which may participate in said
celebration; and, prior to the session of the Legislature in the year 1911,
the said commission shall make a report to the Governor of this State of the
action and progress of said commission, and such other matters pertaining
to such proposed celebration as may be of interest to the People of the State.
The said commission shall receive no compensation other than their neces-
sary and actual expenses, which shall be paid on vouchers and bills ap-
proved by the Governor.
Adopted by the Senate April 28, 1909.
Concurred in by the House April 28, 1909.
Chicago Dock and Canal Company.
(House Joint Resolution No. 28.)
Whereas, It appears that the city of Chicago did, on February 4, 1909, at
a public hearing before Major Thomas H. Rees, Corps of Engineers, U. S.
Army, to consider plans of the Chicago Dock and Canal Company for the
construction of piers extending into Lake Michigan, immediately north of
JOINT RESOLUTIONS. 479
the mouth of the Chicago river, by its duly authorized officers ask the
Secretary of War, to hold in abeyance the granting of his permit until the
city of Chicago was able to determine its policy in regard to its harbor, and
that Major Rees representing the Federal government and acting for it
publicly stated, "He would recommend to the War Department that their
action be delayed until the Harbor Commission had rendered its report and
the city was ready to consider it; and,
Whereas, It also appears that Robert Shaw Oliver, acting Secretary of
War did on the 28th day of February, 1909, issue a permit to the said Chi-
cago Dock and Canal Company to erect piers in the submerged lands of Lake
Michigan at the mouth of the Chicago river, as per the plans shown at said
hearing; and also before the Harbor Commission had made its report to the
city of Chicago, and also before the city of Chicago had determined its
policy in reference to its harbors;
Whereas, Also it further appears that the said Chicago Dock and Canal
Company in its said application absolutely ignored the State of Illinois and
gave no notice to her of its intention to extend its piers into the waters of
Lake Michigan. That it bases its present application under a charter issued
to it by a private Act passed in 1857, fifty-two years ago; and,
Whereas, It appears from an examination of the Act that the present
claims of said company are unfounded and this State never passed or parted
with the fee of the made land now in possession of it, but this State simply
granted it a mere license or permission to use the waters of Lake Michigan
and the submerged lands at her option and said company has for a period
of 42 years made no effort to extend its piers further out into the waters of
Lake Michigan; now, therefore, be it
Resolved, by the House of Representatives, the Senate concurring herem,
That all privileges, rights, and easements used of water and land, as well
also all rights of property, real, personal and mixed, that can or may be as-
serted by said company to the waters of Lake Michigan or to the soil under
the same, whether it be to the present made land or easements in the same
be and the same are hereby declared to be the property of the State of Illi-
nois, and any license, privilege, easement, claim or franchise now outstand-
ing in said company to the waters and lands of Lake Michigan under or by
virtue of its charter under the Act of 1857 creating it are each and all hereby
declared forfeited, revoked and annulled; and it is further hereby declared
that said company shall, hereafter, possess no further rights, or easements,
not enjoyed by the public, in and to the lands and waters of Lake Michigan.
Adopted by the House May 17, 1909.
Concurred in by the Senate May 18, 1909.
Children's Surgical Institute Commission.
(House Joint Resolution No. 32.)
Whereas, There is great need in the State of Illinois for a Surgical Insti-
tute for children where the afflicted crippled children of poor parents can be
treated at the expense of the State, with the hope that as the result of such
treatment, such children may become self-sustained men and women; and,
Whereas, In Illinois, there is no free institution for that purpose; and,
Whereas, The Forty-fifth General Assembly committed itself to this ob-
ject by the passage of a bill appropriating $60,000.00 for this purpose, but
which was necessarily vetoed for want of funds; and,
Whereas, The House of Representatives has at this session again passed
such bill; and,
Whereas, It is suggested that at several of the existing State institutions
there are buildings available for such purpose, or which can without great
expense be adapted to the use of such institutions; and,
Whereas, It is very desirable to intelligently proceed with this plan, after
obtaining full information on this subject; now, therefore, be it
480 ' JOINT RESOLUTIONS.
Resolved, by the House of Representatives, the Senate concurring herein,
That we cordially approve of the establishment of such surgical institutions,
and firmly commit ourselves to such project and pledge ourselves at such
subsequent time as may be possible by our votes to establish a Surgical In-
stitution for crippled children; and, be it further
Resolved, That the Governor is hereby authorized to appoint a commission
of five to make a complete investigation of this subject, and to include in
such investigation the availability of existing institutions and to make a full
report thereon to the Governor and the General Assembly not later than
September 1, 1909.
Adopted by the House May 29, 1909.
Concurred in by the Senate May 29, 1909.
Crimes and Misdemeanors Commission.
(House Joint Resolution No. 24.)
Whereas, There has been considerable question as to the jurisdiction over
crimes and misdemeanors occurring on Lake Michigan, of the State of Illi-
nois, as well as the other States bordering upon said Lake Michigan; there-
fore, be it
Resolved, by the House of Representatives, the Senate concurring herein,
That the Governor of the State of .Illinois is hereby authorized to appoint by
and with the advice and consent of the Senate, a commission consisting of
three members to meet with a like commission representing the States of
Wisconsin, Indiana and Michigan, or any of said states, for the purpose of
considering and recommending to the legislatures of their several states the
enactment of legislation, providing for the respective jurisdiction of said
states, or any two or more of them, over crimes ahd misdemeanors and other
offenses committed on Lake Michigan within the respective territorial limits
of said states, or any two or more of them.
The members of said commission so appointed shall receive no compensa-
tion for their services but may be allowed their actual expenses incurred in
carrying on the work of said commission, the same to be paid on vouchers
approved by the Governor of this State, out of any funds available for said
purpose.
Adopted by the House May 12, 1909.
Concurred in by the Senate May 18, 1909.
Death of Honorable Paul I. Zaabel.
(House Joint Resolution No. 4.)
Whereas, It has pleased Almighty God, in his infinite wisdom, to remove
from our midst our colleague and friend, Honorable Paul I. Zaabel, of
Chicago, Illinois, who was an honored member of the 44th, 45th and 46th
General Assemblies; and,
Whereas, By his integrity, his genial disposition and his consistent appli-
cation to his duties as a member of this body as well as by his upright and
honorable conduct as a man and a citizen, he has endeared himself to all;
therefore, be it
Resolved, by the House of Representatives, the Senate concurring herein,
That we hereby express our profound sorrow at the untimely end of our
friend and brother, and that we hereby extend to the bereaved wife and
family our heartfelt sympathy in the loss of a kind and loving husband and
father; and, be it further
Resolved, That as a further mark of esteem for the deceased and our sym-
pathy for the bereaved family, a joint committee of the House and Senate be
JOINT EESOLUTIOSTS. 481
appointed, consisting of nine members, six from the House and three from
the Senate, to make all necessary arrangements in regard to the funeral, and
the said committee is hereby authorized to draw on the committee expense
fund for any necessary expense incurred in relation thereto; and, be it
further
Resolved, That the members of the House and the Senate are hereby in-
vited to attend the funeral services in a body; and, be it further
Resolved,, That said committee be and is hereby authorized to arrange for
suitable memorial services to be held in the Hall of the House of Represen-
tatives, and that, as a further mark of respect that when the General Assem-
bly adjourns today it stands adjourned until tomorrow.
Adopted by the House January 13, 1909.
Concurred in by the Senate January 13, 1909.
Earthquake Sufferers in Italy and Sicily.
(Senate Joint Resolution No. 2.)
Whereas, A most appalling calamity has overtaken Southern Italy and
Sicily, earthquake, flood and fire devastating a wide territory and causing
an unprecedented loss of life and property; and,
Whereas, The suffering from the wide-spread want and destitution is far
beyond the ability of their own fellow countrymen to alleviate and relieve;
and,
Whereas, The spirit of our free American institutions recognizes in each
and every suffering being, a brother and neighbor and commits our people
and our State to the broadest principles of humanity; and,
Whereas, This country owes a debt of gratitude not only to its discoverer,
Christopher Columbus, one of Italy's sons, but also to the sturdy character
of the men and women who have left Italy's shores to become worthy and
loyal citizens of our republic; therefore, be it,
Resolved, by the Senate of .the State of Illinois, the House of Representa-
tives concurring, That we appeal to the people of this State, urging them to
give of their bounty for the relief of the sufferings of the people of Southern
Italy and Sicily; and, be it
Resolved, That the Governor appoint a committee of three citizens to re-
ceive and transmit to the sufferers in the stricken district, all money col-
lected for that purpose by them; and, further, be it
Resolved, That an engrossed copy of these resolutions be forwarded to the
Italian government by the Secretary of State.
Adopted by the Senate January 6, 1909.
Concurred in by the House January 19, 1909.
Election Contest for Governor; — Joint Committee.
(House Joint Resolution No. 7.)
Resolved, by the House of Representatives, the Senate concurring herein,
That a Joint Committee consisting of nine members of the House of Repre-
sentatives and nine members of the Senate be appointed by the Speaker of
the House and President of the Senate respectively, to inquire into, hear
and report to the House of Representatives as provided by law, the contest
of election now pending in this General Assembly of Adlai E. Stevenson
against Charles S. Deneen for the office of Governor of the State of Illinois;
and, be it further
—31 L
482 JOINT RESOLUTIONS.
Resolved, That such committee, when appointed, shall proceed at once to
elect a chairman and to ascertain whether said petition makes out a prima
facie case only and to take testimony of any witness or witnesses on the part
of the petitioner as to said prima facie showing as well [as] on the part of
the person whose place is contested and such committee so appointed shall
for such purpose only have the power to send for and compel the attendance
of witnesses and the production of papers, documents, records, to issue com-
missions under the hand of its chairman to any officer authorized to take
depositions, to take the depositions of witnesses upon the points set forth in
the petition and at such times and places as the committee shall direct; and,
be it further
Resolved, That such committee report its findings and recommendations
to the House of Representatives and Senate respectively, on the second day
of March, 1909, for such action as the respective Houses may desire to take
thereon.
Adopted by the House February 10, 1909.
Concurred in by the Senate February 11, 1909.
Election Contest foe Governor — -Joint Session.
(Senate Joint Resolution No. 25.)
In the Matter of the Contest of Adlai E. Stevenson Versus Charles S.
Deneen for the Office of Governor of the State of Illinois.
Whereas, Under joint resolution No. 7 in the above entitled cause a com-
mittee was duly appointed to investigate and determine whether the peti-
tion of the contestant as filed, makes out a prima facie case, and to hear such
testimony if any may be offered as to said prima facie showing, and to re-
port its findings and recommendations in relation thereto to the House of
Representatives and to the Senate; and,
Whereas, Said committee so appointed has performed the duty assigned- to
it under such resolution; and,
Whereas, A majority of such committee did on the 17th day of March,
the day fixed by the respective houses for the presentation for such reports
file their report as required by said resolution with their recommendations
in the House of Representatives and the* Senate; and,
Whereas, A minority of such committee did also file their report in such
House of Representatives and Senate with their recommendation; a copy of
such majority and minority reports is hereto attached and submitted here-
with; therefore, be it
Resolved, by the Senate, the House of Representatives concurring herein,
That a joint meeting of the two houses be held on Thursday, March 18, 1909,
at 10:30 a. m., in the hall of the House of Representatives for the purpose of
considering such majority and minority reports and taking such action
thereon as such joint session may determine and to decide upon the same by
a yea and nay vote which shall be taken upon the final decision on said
report and entered upon the Journal of the House of Representatives.
Adopted by the Senate March 18, 1909.
Concurred in by the House March 18, 1909.
Election Contest for Governor — Time Extended.
■ (Senate Joint Resolution No. 21.)
Whereas, On February 11, 1909, by House Joint Resolution Number 7,
a committee of the House and Senate was appointed to inquire into the
JOINT EESOLUTIONS. 48c
matter of the election contest of Adlai E. Stevenson against Charles S.
Deneen, and report their action and recommendations to the House and
Senate respectively, on the 2d day of March, 1909; and,
Whebeas, Such committee upon a hearing upon the petition of said Adlai
E. Stevenson, ruled that the contestant file a bill of particulars in said
contest, with such committee for their examination and investigation; and,
Whereas, Said contestant was given by said committee ten days in which
to file such bill of particulars, namely until March 6, 1909; and,
Whereas, Such committee has granted such time for the filing of such
bill of particulars; now, therefore, be it
Resolved, by the Senate, the House of Representatives concurring therein,
That said committee be granted until Wednesday, March 17, 1909, on which
day the said committee shall make its report of its findings -and recom-
mendations to the House of Representatives and Senate respectively.
Adopted by the Senate February 25, 1909.
Concurred in by the House February 25, 1909.
Fire Insurance Commission.
(Senate Joint Resolution No. 24.)
Whereas, The fire insurance laws of Illinois make no provision whatever
as to what rates the fire companies shall charge for business procured in
this State, the question of rates being one entirely with the companies or
bureaus and there being no officer in this State who has any authority as
to making or changing fire insurance rates; and,
Whereas, The fixing of the classifications of municipalities and physical
conditions of properties as a basis for fire insurance rates in Illinois is also
a matter entirely in private hands and not subject to appeal to any public
official authority; therefore, be it
Resolved, by the Senate, the House of Representatives concurring herein,
That the Governor is hereby authorized and requested to appoint a com-
mission consisting of five competent and disinterested citizens of Illinois,
whose duty it shall be to obtain information and report to this General
Assembly their judgment as to the advisability of enacting a law regulating
fire insurance rates in this State.
One of said commissioners shall be selected from the city of Chicago,
one from Rock Island, one from Springfield, one from East St. Louis and one
from Quincy.
Said commissioners shall have power to subpoena and compel witnesses
to attend and testify and to compel the production of all documents, exhibits
or other information the commission may deem needful for the correct dis-
charge of their duties and, to the extent of making penalties for false testi-
mony applicable, the hearing of the commission shall be a judicial hearing.
Said commission shall be appointed immediately upon the joint adoption
of this preamble and resolution and thereupon said commission shall at
once assemble and begin and continue their hearings at such time and place
as the commission may determine.
The members of said commission shall be allowed their actual expenses
only, the same to be certified by the commissioners under oath, to the Gover-
nor, who shall thereupon recommend to the General Assembly to make an
appropriation covering such expenses.
The commissioners shall file their report with the General Assembly not
later than May 1, A. D. 1909.
In the event that said commissioners recommend the enactment of a law
regulating fire insurance rates in Illinois, the commissioners shall submit
with their report the draft of the bill whose basic plan and object shall be
just and reasonable regulation of fire insurance rates with the least amount
484 JOINT RESOLUTIONS.
of official machinery and the lowest amount of public cost that would give
the largest measure of justice and equity with the simplest and easiest local
application.
Adopted by the Senate March 23, 1909.
Concurred in by the House April 22, 1909.
FURNITUBE FOR HOUSE ASD SENATE CHAMBERS PUKCHASING COMMISSION.
(House Joint Resolution No. 10.)
Whereas, The desks and chairs of the members of the Senate and House
of the General Assembly have been in use for the past thirty-three years,
many of. them are much defaced and in bad order, all are poorly planned
and illy suited to their purposes. The desks are so constructed that they
are easily opened by thieves and the contents abstracted and the chairs are
especially uncomfortable; and,
Whereas, Intelligent legislation requires frequent reference to the Re-
vised Statutes, Session Laws and Official State Reports; and,
Whereas, The members of the General Assembly ought to be provided by
the State with chairs which are reasonably comfortable and with desks of
sufficient capacity in which can be safely kept under lock and key the
statutes, session laws, official reports of the State, and all necessary station-
ery, writing materials, postage, etc.; now, therefore, be it
Resolved, by the House of Representatives of the Forty-sixth General As-
sembly of the State of Illinois, the Senate concurring herein, That a commis-
sion of five persons to consist of the Secretary of State, two members of the
House, to be appointed by the Speaker, two members of the Senate, to be
appointed by the President of the Senate, be, and is hereby created, and is
hereby given full power and authority to purchase or cause to be con-
structed the number of desks and chairs required for the use of the mem-
bers of the House and Senate, together with suitable chairs for the Speaker
of the House and President of the Senate and such other improvements in
the Hall of the House and the Senate Chamber as the commission may
deem necessary, of reasonable cost, in style harmonizing with the finish and
furniture of the Hall of the House and Senate Chamber and of modern con-
struction suited to the needs of the members, ready for use at as early a
date as practicable, such furniture to be constructed in some State institu-
tion if found practicable and within the law; and, be it further
Resolved, That the necessary funds for the purpose above specified be
ascertained and appropriated in the usual manner, and that the commis-
sion report its acts in the premises to this or the next General Assembly
and file therewith vouchers for all disbursements, all services to be ren-
dered by such commission to be without compensation.
Adopted by the House February 17, 1909.
Amended by the Senate April 8, 1909.
Concurred in by the House April 14, 1909.
Furniture for House and Senate Chambers — Removal.
(House Joint Resolution No. 31.)
Whereas, This General Assembly had adopted House Joint Resolution No.
10 and under the authority thereof a commission has been appointed with
power to purchase new desks and chairs for the House and Senate, said
commission is proceeding with its duties, and it is expected that such new
furniture will in due time be installed in the Hall of the House and the
Senate Chamber, of a character suited thereto; and,
JOINT RESOLUTIONS. 485
Wheeeas, It has been the practice of the officials in charge of the two
chambers to remove the furniture thereof from time to time to permit their
use by the public for various purposes; and,
Wheeeas, The moving about of such furniture will be greatly injurious to
it and should not be further permitted; now, therefore, be it
Resolved, by the House of Representatives of the Forty-sixth General As-
sembly of the State of Illinois, the Senate concurring herein, That the Secre-
tary of State be requested not to permit the removal of the furniture from
the Senate Chamber and the Hall of the House.
Adopted by the House May 28, 1909.
Concurred in by the Senate May 29, 1909.
Inauguration of State Officebs.
(Senate Joint Resolution No. 1.)
Resolved, by the Senate, the House of Representatives concurring herein,
That a joint committee be appointed consisting of five members of the
House of Representatives to be appointed by the Speaker, and five members
of the Senate to be appointed by the President of the Senate, to have charge
of and make all necessary arrangements for the inauguration of the Gover-
nor and other State officers on Monday, January 18th, next, and that all
necessary expense of the same be paid by vouchers signed by the Secretary
of State when approved by said joint committee.
Adopted by the Senate January 6, 1909.
Amended by the House January 13, 1909.
Concurred in by the Senate January 13, 1909.
Lixcolx Cextexxial Exeecises — Joixt Committee.
(House Joint Resolution No. S.)
Resolved, by the House of Representatives, the Senate concurring therein,
That appropriate centennial exercises in honor of Lincoln, the Great Eman-
cipator, statesman and former member of the House of Representatives of
this State, be held on the 11th day of February, 1909, at 10:30 o'clock, a. m.,
in this House and that the Speaker of the House appoint three members
and the President of the Senate, two members of a committee to make
arrangements for such exercises.
Adopted by the House February 10, 1909.
Concurred in by the Senate February 11, 1909.
Lincoln Memorial Meeting, Chicago — Joint Committee.
(Senate Joint Resolution No. 14.)
Wheeeas, February 12, 1909, is the one hundredth anniversary of the
birth of Abraham Lincoln; and,
Wheeeas, The memory of the words and deeds of Abraham Lincoln of
Illinois, have become the priceless heritage of the people of the nation ir-
respective of sectional lines, racial differences and party affiliations; and,
Whereas, The city of Chicago, in which Lincoln received his nomination
for the high office of President, is planning a great civic celebration in
honor of the memory of Lincoln; and,
Wheeeas, The mayor of Chicago has requested the General Assembly of
the State of Illinois to recognize the celebration in the city of Chicago by
486 JOINT KESOLTJTIONS.
appropriate resolutions and to appoint a committee to represent the General
Assembly at the memorial meeting to be held at the Auditorium, in the
city of Chicago, on Friday, February 12th; now,- therefore, be it
Resolved, by the Senate, the House of Representatives concurring therein,
That the Forty-sixth General Assembly do send greetings to Chicago with
the wish that its celebration of Lincoln's character and service to the na-
tion may arouse a new devotion throughout the commonwealth to his sense
of loyalty to the Constitution, his faith in the principles of democracy and
his devotion to the moral ideals; and, be it further
Resolved, That a committee of ten be appointed, five by the Speaker of
the House of Representatives and five by the President of the Senate to
represent the Forty-sixth General Assembly, and to attend the said memorial
meeting to be held at the Auditorium in the city of Chicago, February 12th,
at 10:00 a. m.
Adopted by the Senate February 9, 1909.
Concurred in by the House February 11, 1909.
Memorial to Congress — Engineers' Report on Deep Waterway.
(House Joint Resolution No. 25.)
Whereas, The rivers and harbors bill passed by the Fifty-ninth Congress
provided for the appointment by the Secretary of War of a special board "to
examine the Mississippi river below Saint Louis and report to the Congress
at the earliest date by which a thorough examination can be made upon the
practicability and desirability of constructing and maintaining a navigable
channel fourteen feet deep and of suitable width from Saint Louis to the
mouth of the river; and,
Whereas, This special board has completed this report and forwarded it to
the Chief of Engineers in Washington; and,
Whereas, It is desirable that the information contained in this report
shall be made public; therefore, be it
Resolved, by the House of Representatives, the Senate concurring therein,
That the General Assembly of Illinois petition the House of Representatives
of the Congress of the United States of America to take such action as will
cause the early publication of the report of the special board of engineers,
recently transmitted to the Chief of Engineers, U. S. A., upon the improve-
ment of the Mississippi river below Saint Louis and particularly between
Saint Louis and Cairo; be it further
Resolved, That the Secretary of State forward this resolution and peti-
tion to the Honorable Joseph G. Cannon, Speaker of the National House of
Representatives and send a copy thereof to each member of Congress from
this State.
Adopted by the House May 12, 1909.
Concurred in by the Senate May 18, 1909.
Memorial to Congress — Inheritance Tax.
(Senate Joint Resolution No. 16.)
Whereas, The several states are now taxing inheritances with marked
success, and need all the revenue that can be properly drawn from this
source; and,
Whereas, Double taxation of inheritances would be unwise and as the
Federal Government can readily raise additional revenue, when required,
from other sources; therefore, be it
JOINT RESOLUTIONS. 487
Resolved, by the Senate, the House of Representatives concurring therein^
That it is the sense of the General Assembly of the State of Illinois that the
taxation of inheritances should be reserved to the several states as a source
of revenue for their exclusive use and benefit; and, be it further
Resolved, That the Secretary of State send a certified copy of these resolu-
tions to the members of the Congress of the United States from Illinois.
Adopted by the Senate March 11, 1909.
Concurred in by the House April 15, 1909.
Memorial to Congress — Lincoln Farm Association.
(Senate Joint Resolution No. 18.)
Whereas, There is now pending in the Congress of the United States,
House Bill No. 21,848 providing for an appropriation of $50,000 for the
work of the Lincoln Farm Association; and,
Whereas, The entire country and particularly the State of Illinois and its
citizens are desirous of honoring the memory of Abraham Lincoln; and,
Whereas, No more fitting memorial could be preserved that his birth
place; be it
Resolved, by the Senate of the State of Illinois, the House of Representa-
tives concurring therein, That we urge the members of Congress from Illi-
nois to use all diligence in procuring the passage of House Bill No. 21,848;
and, be it
Resolved, further, That the Secretary of State be, and he hereby is in-
structed to forward a copy of this resolution to each of the members of
Congress from Illinois.
Adopted by the Senate February 17, 1909.
Concurred in by the House April 16, 1909.
Memorial to Congress — National Bureau of Mines.
(Senate Joint Resolution No. 13.)
Whereas, The number and character of serious accidents occurring in the
best equipped mines in various states makes it evident that many years of
research and educational work on the part of the general government will
be necessary to enable the several states to meet by appropriate legislation
the requirement that better protection shall be provided for its industrial
workers; and,
Whereas, A bill is now pending in Congress providing for the creation
of a National Bureau of Mines charged with the duty of conducting such
technologic investigations as will increase safety and efficiency in mining;
now, therefore, be it
Resolved, by the Senate of the State of Illinois, the House of Representa-
tives concurring therein, That the Congress of the United States is hereby
urgently requested to enact at the earliest day possible the pending bill
creating a Bureau of Mines and that the Congressmen and Senators from:
Illinois be furnished with a copy of this joint resolution and urged to use
their best endeavors to secure the passage of said bill at the present session
of Congress.
Adopted by the Senate February 10, 1909.
Concurred in by the House February 18, 1909.
488 JOINT RESOLUTIONS.
Memorial to Congress — Old Age Pensions, Etc.
(House Joint Resolution No. 22.)
Whereas, There has been introduced in the House of Representatives in
Congress by Congressman Frederick Lundin of Illinois, a resolution author-
izing and directing the Speaker of the House of Representatives to appoint a
select committee consisting of seven (7) members of the said House to in-
vestigate and to determine the various systems of old age insurance, old
age pension, and annuities that are now in operation in the different coun-
tries of the world and the practicability of establishing such systems in the
United States and said committee is to report not later than January 12,
1911, the result of such investigation setting forth the plan of operation in
countries having such institutions, the cost to such countries of maintain-
ing the system and the benefits derived from it; and,
Whereas, This question has been successfully solved in other countries
and to a great degree has abolished alms and homes for the poor and needy
and caused this class of citizens to be happier in the communities where
they reside; therefore, be it
Resolved, by the House of Representatives, the Senate concurring therein,
That the members of Congress representing this State be, and they are re-
spectfully requested, to do all in their power to see that the said resolution is
adopted; and, be it further
Resolved, That a copy of this resolution be forwarded immediately by the
Secretary of State to each Representative in Congress from this State.
Adopted by the House April 22, 1909.
Concurred in by the Senate April 27, 1909.
Occupational Disease Commission — Time Extended.
(House Joint Resolution No. 26.)
Whereas, Under and by virtue of House Joint Resolution No. 16 of the
Forty-fifth General Assembly, adopted by the House of Representatives on
March 12, 1907, and concurred in by the Senate March 20, 1907, the Governor
has appointed a commission of nine members for the purpose of carefully
considering the subject of occupational diseases; and,
Whereas, Said joint resolution directed that said commission report to
the Governor the draft of any desirable bill or bills designed to meet the
purposes announced in said resolution for consideration and action by the
Forty-sixth General Assembly; and,
Whereas, Said Occupational Disease Commission has submitted prelim-
inary report from which it appears that said commission will not be able to
finish its investigation, and submit its report at the present session of the
legislature; therefore, be it
Resolved, by the House of Representatives, the Senate concurring therein,
That said Occupational Disease Commission, so appointed by the Governor,
be and it is hereby perpetuated, and the time given said commission for its
investigation is hereby extended until the next regular session of the Gen-
eral Assembly of the State of Illinois, at which time it is directed to make
its report.
Adopted by the House May 12, 1909.
Concurred in by the Senate May 18, 1909.
JOINT RESOLUTIONS. 489
Public Land Investigation Committee — Appointment.
(House Joint Resolution No. 11.)
Whereas, There is reasonable grounds to believe that the State of Illi-
nois, at the time of its organization as a State and since said time, became
invested with valuable rights in lands along the lake shore of Lake Michi-
gan, and in, along and upon other navigable bodies of water, rivers and lakes
of the State of Illinois, which said rights it is claimed the State of Illinois
holds in trust for the use of the people of this State; and,
Whereas, There is reason to believe that such rights, in a large number
of cases have been usurped by private individuals, corporations and com-
panies, who now occupy part or parts of said lands and who assert title
in or claim thereto; and,
Whereas, Said rights in and concerning said lands are of great value to
the State of Illinois, and by reason of its increasing population are constant-
ly becoming of more value to the people of this State; now, therefore, be it
Resolved, by the House of Representatives, the Senate concurring herein,
That a joint committee of ten be appointed, six to be named by the Speaker
of the House of Representatives and four to be named by the President of
the Senate, to make a careful and complete investigation of the rights of the
State of Illinois, in land lying along, in and upon Lake Michigan, the rivers
and lakes and other navigable bodies of water of this State and to report its
conclusion to the next General Assembly of this State, and to the Governor
of Illinois, as to the rights of the State and' its people in and to the same.
And for such purpose, the said committee is authorized to employ such
assistance, (other than legal services), as may be necessary to carry out
the provisions hereof.
The said committee and the members thereof shall be entitled to their
actual expenses incurred in carrying out the provisions hereof. The Attor-
ney General of Illinois is respectfully requested to furnish said committee
with such legal assistance as may be required; and, be it further
Resolved, That the General Assembly proceed to make an appropriation
of ten thousand dollars ($10,000), for the purpose of carrying on such in-
vestigation.
Adopted by the House February 24, 1909.
Concurred in by the Senate February 24, 1909.
Public Land Investigation Committee — Data, Etc.
(House Joint Resolution No. 21.)
Be it Resolved, by the House of Representatives, the Senate concurring
herein, That the Secretary of War of the United States, the Secretary of the
Interior of the United States, and the Attorney General of the United States,
be and they are hereby each respectfully requested upon behalf of the State
of Illinois, to furnish to the Lake Front Investigating Committee, hereto-
fore authorized to be appointed by a joint resolution of the House and Senate
of Illinois, such records, data, evidence, documents, maps, plats, surveys,
field notes and profiles as each may have in the possession of his respective
department, that will assist the said Lake Shore Investigating Commit-
tee in making a full and complete investigation of the rights of the People
of the State of Illinois in and on the submerged lands along the lake shore
of Lake Michigan within the limits of the State of Illinois, and in and along-
all of the navigable lakes, rivers and streams and bodies of water of the
said State of Illinois; and, be it further
490 JOINT RESOLUTIONS.
Resolved, That the Secretary of State, under the Great Seal of State, is
hereby directed to certify to a properly engrossed copy of this resolution
to each of the said, the Secretary of War, the said the Secretary of the
Interior, and the said the Attorney General of the United States.
Adopted by the House April 21, 1909.
Amended by the Senate April 21, 1909.
Concurred in by the House April 22, 1909.
Railroad Investigation Commission.
(Senate Joint Resolution No. 43.)
Be it Resolved, by the Senate, the House of Representatives concurring
herein :
First — That a commission be and is hereby established to be known as the
Railroad Investigation Commission of the State of Illinois, consisting of
four general operating officers of railroads nominated by the General Man-
ager's Association and four railroad employes in actual service of railroads
nominated by the respective organizations of railroad employes, and ap-
pointed two each by the Lieutenant Governor and the Speaker of the House
of Representatives, respectively, together with one lawyer not identified or
affiliated with the interests of either the railroad companies or employes or-
ganizations or dependent upon the patronage or good will of either, nor
holding political office, who shall be selected by the other members of said
commission.
Each member of said commission shall have equal authority, power and
voting strength in considering and acting upon any matters which may be
brought to the attention of the commission, and on which the commission
may act; and the said commission shall have power and authority to in-
vestigate the physical condition of all railroads in the State of Illinois, their
methods of operation and management, with respect to the safety of em-
ployes, as well as service to the public and the needs and requirements for
future railroad development and improvement, and also the relation of the
public and the municipalities of the State to railroad operation and the
railroad business.
Second — Said commission shall meet at the State capitol building in
Springfield, on the third Tuesday after notice of their appointment, and
shall immediately elect a chairman and secretary from among their number,
one of whom shall be a general operating officer of a railroad, and the
other a railroad employe.
Six members of the commission shall constitute a quorum for the trans-
action of business, but a fewer number than a qtiorum may adjourn the
meeting of the commission from time to time.
Meetings of the said commission other than called meetings, as provide-1
for herein, may be held at such times and places within the State of Illi-
nois as may be fixed by the said commission.
A meeting of the said commission shall be held upon the written request
of any three members of the said commission, signed by them and delivered
to the secretary, who shall, upon receipt of such request, notify each member
of said commission by mail of such meeting so to be held, and the time and
place and purpose thereof. And no such meeting shall be held less than ten
days after the mailing of notice of the said meeting to the members of said
commission by the secretary. Such called meetings shall be held either in
Springfield or Chicago.
Third — Said commission shall report to the Governor and to the General
Assembly at its next regular session, submitting, so far as they have unan-
imously agreed, a proposed revision of railroad laws of the State, together
with such other recommendations as to the commission shall seem fit and
proper, relating to railroads in this State.
JOINT EESOLUTIONS. 491
And where there is not unanimous agreement upon any recommendation
there may be submitted in like manner separate reports, embodying the
recommendations of any one or more members of the said commission,
which said reports shall each set forth in detail the recommendation of the
commissioner or commissioners signing said report, and shall embody his
or their respective reasons for such recommendation and his or their objec-
tions to the reports of other members of the commission.
Adopted by the Senate May 27, 1909.
Concurred in by the House May 27, 1909.
Rev. James Lemen, Ss. — Dedication of Monument.
(House Joint Resolution No. 23.)
Wheeeas, The Baptist people and other of the State of Illinois propose
to erect a monument at the grave of the late Reverend James Lemen, Sr.,
near Waterloo, Monroe county, Illinois, to honor his memory as a Revolu-
tionary soldier and the friend and co-worker with Thomas Jefferson in or-
ganizing the peaceful forces that dedicated the great northwestern territory
to freedom, by the anti-slavery clause in the ordinance of 1787, and which
later gave Illinois a free State Constitution, and who was an Indian fighter
in Illinois in defense of our early homes, and later became a founder of the
Baptist denomination in Illinois; and,
Whereas, The late Judge Silas Bryan, of saintly memory and greatly
beloved by our people, was the first person to suggest the erection of a
monument to the honor of Reverend James Lemen nearly sixty years ago,
at which time it was thought that the monument would at once be erected,
and it was arranged that the Legislature should be requested to invite
Senator Stephen A. Douglas to deliver an address at the dedication of the
monument upon the joint labors of Thomas Jefferson and James Lemen, it
being deemed appropriate that the recognized leader of Jefferson's party
should thus honor his memory, while at the same time the State would
recognize the great services of both Jefferson and Lemen; and,
Whereas, It was the purpose of the late Abraham Lincoln, on account of
his profound interest in, and respect for, the memory and deeds of the late
James Lemen and his ardent friendship for his sons, to have attended the
ceremonies of unveiling and dedication of the monument; in consequence
of which it is believed that his distinguished son, Robert T. Lincoln, will
.feel a deep interest in an event which so enlisted his father's warmest ap-
proval; therefore.
Resolved, by the House, the Senate concurring, That the Honorable Wil-
liam J. Bryan, of Lincoln, Nebraska, and the Honorable Robert T. Lincoln,
of Chicago, Illinois, be invited and earnestly requested to attend the meet-
ing at New Design, near Waterloo, on September 16th, next, for the pur-
pose of participating in the exercises of unveiling and dedication of the
proposed monument.
Adopted by the House April 28, 1909.
Concurred in by the Senate April 29, 1909.
Salary of Justice Guy C. Scott.
(House Joint Resolution No. 30.)
Whereas, Guy C. Scott, lately Justice of the Supreme Court of the State
of Illinois, has departed this life; and,
Whereas, The said Justice, Guy C. Scott was receiving a salary of $3,000
less per year than the other justices of said court, with the exception of
Justice John R, Hand; and,
•192 JOINT RESOLUTIONS.
Wheeeas, It is now desired to make provision for the payment of the
salary due the late Justice Guy C. Scott, and which would have been due
him to the time of the election of his successor; now, therefore, be it
Resolved, by the House of Representatives, the Senate concurring therein,
That the salary now due the said Justice Guy C. Scott shall be payable to
the widow of the said Justice Guy G. Scott, and likewise, the salary that
would have accrued to the said Justice Guy C. Scott until the time of the
election and qualification of his successor, and that the Auditor of Public
Accounts be and he is hereby instructed to draw his warrant or warrants
for such amounts as are due and would have become due until the time of
the election of such successor.
Adopted by the House May 25, 1909.
Concurred in by the Senate May 29, 1909.
Tuberculin Test Committee.
(House Joint Resolution No. 2 0.)
Whereas, The General Assembly in 1907 passed an Act providing for the
appointment of a Food Standard Commission, with certain powers granted
to determine the quality, purity and strength of various foods, and among
other things provided that the State Food Standard Commission, in deter-
mining and adopting a standard of quality, purity and strength of milk or
cream, shall fix such standard as may be determined solely by the examina-
tion and test of milk and cream and the can or receptacle in which it is
placed; and,
Whereas, The city council of the city of Chicago, in the month of July,
A. D. 1908, passed three separate ordinances which then provided and are
in force as follows, viz.:
Ordinances Requiring Tuberculin Test of Cows.
MILK.
Be it Ordained by the City Council of the city of Chicago:
Section 1. No milk, cream, buttermilk or ice cream shall be sold, offered
for sale, exposed for sale or kept with the intention of selling within the
city of Chicago, after January 1, A. D. 1909, unless such milk or cream con-
tained in buttermilk and ice cream, be obtained from cows that have given
a satisfactory negative tuberculin test within one year. The cows having
been satisfactorily tested shall be marked "tuberculin tested" and shall be
numbered and a certificate shall be filed with the division of milk inspec-
tion of the department of health of the city of Chicago upon forms fur-
nished by the commissioner of health, giving the number, a brief de-
scription of the animal, the date of taking said test, and the name of the
owner. Said certificate shall be signed by the person making such test:
Provided, however, that from January 1, 1909, for a period of five years, to-
wit: until January 1, 1914, milk or cream or buttermilk and ice cream made
from milk or cream, obtained from the cows not tuberculin tested or not
free from tuberculosis may be sold within the city of Chicago if the milk
or cream from said cows is pasteurized according to the rules and regula-
tions of the department of health of the city of Chicago.
Sec. 2. Any milk, cream, buttermilk or ice cream offered for sale, ex-
posed for sale or kept with the intention of selling within the city of Chi-
cago shall be found within the city in violation of section one, shall be forth
JOINT RESOLUTIONS. 493
with seized, condemned and destroyed by the milk and food inspectors or
other duly authorized agents or employes of the department of health of the
city of Chicago.
Sec. 3. This ordinance shall be in full force and effect from and after
January 1, 1909.
Be it Ordained by the City Council of the City of Chicago:
Section 1. No butter shall be sold or offered for sale or kept with the
intention of selling in the city of Chicago after January 1, 1909, unless such
butter be made from milk or cream obtained from cows that have given a
satisfactory negative tuberculin test within one year: Provided, however,
that from January 1, 1909, for a period of five years, to-wit: January 1,
1914, butter made of milk obtained from cows not tuberculin tested or not
free from tuberculosis may be sold in the city of Chicago if the milk or
cream [from] which such butter was made, was pasteurized according to the
rules and regulations of the department of health of the city of Chicago.
Sec. 2. It shall be unlawful to sell any butter in the city of Chicago, un-
less there be stamped on the package in plainly legible letters of not less
than one-eighth inch type: "Made of milk (or cream) from cows free from
tuberculosis as shown in the "tuberculin test" or made from milk (or
cream) pasteurized according to the rules and regulations of the depart-
ment of health of the city of Chicago."
Sec. 3. Any butter offered for sale, exposed for sale or kept with the
intention of selling in the city of Chicago, which shall be found within the
city in violation of this ordinance, shall be forthwith seized, condemned and
destroyed by the milk and food inspectors or other duly authorized agents
of the department of health of the city of Chicago.
Sec. 4. This ordinance shall be in full force and effect from and after
January 1, 1909.
Be it Ordained by the City Council of the City of Chicago:
Section 1. No domestic cheese shall be sold or offered for sale or kept
with the intention of selling in the city of Chicago after January 1, 1909,
unless such cheese be made from milk or cream obtained from cows that
have given a satisfactory negative tuberculin test within one year: Pro-
vided, however, that from January 1, 1909, for a period of five years, to-wit:
until January 1, 1914, domestic cheese made of milk obtained from cows
not tuberculin tested or not free from tuberculosis, may be sold in the city
of Chicago, if the milk or cream from which such cheese was made, was
pasteurized, according to the rules and regulations of the department of
health of the city of Chicago.
Sec. 2. It shall be unlawful to sell any such cheese in the city of Chicago
unless there be stamped on the package in plainly legible letters of not
less than one-eighth inch type, " made of milk (or cream) from cows free
from tuberculosis as shown by tuberculin test," or "made from milk (or
cream) pastuerized according to the rules and regulations of the department
of health of the city of Chicago."
Sec. 3. Any cheese offered for sale, exposed for sale, or kept with the
intention of selling in the city of Chica'go, which shall be found within the
city in violation of this ordinance, shall be forthwith seized, condemned and
destroyed by the milk and food inspectors or other duly authorized agents or
employes of the department of health of the city of Chicago.
Sec. 4. This ordinance shall be in full force and effect from and after
January 1, 1909.
494 JOINT RESOLUTIONS.
Which said ordinances it is claimed are without foundation of law, un-
reasonable and void; and,
Whereas, Under and by virtue of said ordinances the board of health of
the city of Chicago are assuming to inspect dairy herds in the State of
Illinois and to condemn milk, butter and cheese that are produced from
cows that have not been tested by the tuberculin test and that is manufac-
tured and produced from milk which has not been pasteurized, and the
producers of milk, butter and cheese tributary to the city of Chicago are
being greatly annoyed, hindered and harassed by agents of the board of
health of the city of Chicago, and the sale of their product is being injured,
damaged and destroyed; and,
Whereas, By reason of the said ordinances and the unlawful and [un] rea-
sonable rules and restrictions of the board of health of the city of Chicago
the price of milk in said city has increased and is being raised and threat-
ened to be raised from six and seven cents a quart to nine cents a quart, to
the great injury and suffering to the people of that city; and,
Whereas, It is a disputed question whether the tuberculin test is an ac-
curate and efficient test to determine whether the disease of tuberculosis
exists in the animal, and it is a disputed question whether tuberculosis can
be conveyed from the animal to the human being from milk and its pro-
ducts; and,
Whereas, It is disputed and denied that the disease of tuberculosis ex-
ists to an appreciable extent among the dairy herds and breeding animals
of the State, and such dispute leads to the damage and loss of values of such
dairy herds and breeding animals by reason of such dispute and contention,
and loss and injury to the owner of such dairy herds and sale of their pro-
ducts, by reason of said city ordinances and the rules and regulations and
inspections of the department of the board of health of the city of Chi-
cago; and,
Whereas, It is plain that the pasteurizing of milk destroys its value for
the manufacturer of butter and cheese and renders it impossible to manu-
facture any reasonable quality of butter or cheese from such milk and tends
rather to increase the bacteria germs naturally in milk where it is not
used immediately, and otherwise injures and destroys the strength and food
qualities in the milk; and,
Whereas, A bill is now pending in this Legislature providing for the
enforcement of the law for the testing of dairy cows and breeding cattle
by the tuberculin test, and the payment by the State of the sum of seventy-
five per cent of the appraised value of the cattle damaged, which will lead
to an enormous expenditure of money by the State, which may possibly
be unnecessary, useless, and [of] great damage and injury to the dairy inter-
ests of the State; therefore, be it
Resolved, by the House, the Senate concurrmg, That a joint committee
of ten be appointed, six by the Speaker of the House and four by the Pres-
ident of the Senate, to investigate into the reliability and the efficiency
and the necessity of adopting the tuberculin test in the State of Illinois, and
that said committee investigate and determine the question as to whether
or not the disease germ passes from an animal afflicted with tuberculosis,
through the milk, to a human being, and the effect of pasteurizing milk as
such food product is pasteurized, bottled up, shipped and used in the city
of Chicago, taken from the dairy districts at a distance from said city.
That they take evidence and have, the power [to] subpoena witnesses and
send for documents and papers and acquaint themselves with the laws and
results accomplished in other states and that said committee collect the
evidence and opinions of expert bacteriologists upon said question, and if
said tuberculin test should be found to be an actual and efficient test of the
disease of tuberculosis among domestic animals, then that said com-
mittee estimate the amount that should be paid for cattle condemned both
JOINT RESOLUTIONS. 495
under an optional law, mandatory law, and make their report to the next
session of the General Assembly, and that said committee be provided with
an appropriation of an adequate amount to pay clerk and stenographers' fees
and hire and actual traveling expenses of the committee while engaged 'upon
the work as herein set out.
Adopted by the House April 8, 1909.
Amended by the Senate May 4, 1909.
Concurred in by the House May 7, 1909.
United States Senator — Election by General Assembly.
(House Joint Resolution No. 5.)
Resolved, by the House of Representatives, the Senate concurring herein.
That on Tuesday, the 19th day of January, instant, at 11:00 o'clock, a. m.,
each House shall by itself, and in the manner prescribed by sections 14 and
15 of the Revised Statutes of the United States, name a person for Senator
in the Congress of the United States, from the State of Illinois, for a term
of six years, from' the fourth day of March, A. D. 1909, and on Wednesday,
the 20th day of January, instant, at 12:00 o'clock, Meridian, the members of
the two houses shall convene in joint session in the Halls of the House of
Representatives and in the manner prescribed by law declare the person who
has received a majority, duly elected Senator to represent the State of Illinois
in the Congress of the United States for the term aforesaid; and if no per-
son has received such majority, then proceed as prescribed in said law in
joint assembly to choose a person for the purpose aforesaid.
Adopted by the House January 14, 1909.
Concurred in by the Senate January 19, 1909.
United States Senator — Election by Popular Vote.
(House Joint Resolution No. 17.)
Applying to the Congress of the United States of America to call a .Con-
stitutional Convention for proposing an amendment to the Constitution of
the United States of America, providing for the popular election of Senators
to the Senate of the United States;
Whereas, There has been wide dissatisfaction with the present mode
under the Federal Constitution of 1787, for the election of Senator to the
Senate of the United States; and,
Whereas, Popular sovereignty, or the rule of the people, is the funda-
mental principle of the government of the several states, and of the gen-
eral government; and,
Whereas, United States Senators under any theory of the present Con-
stitution would represent states, and if elected by popular vote as well as if
elected by the Legislature; therefore, be it
Resolved, by the House of Representatives of the State of Illinois, the
Senate concurring herein, That the Congress of the United States call, and
it is hereby requested to call, if the legislatures of two-thirds of the several
states make like application, a convention of the several states for the pur-
pose of proposing an amendment to the Constitution to [of] the United States
of America, providing for the election of Senators to the Senate of the United
States, by the direct vote of the people of the several states, in order that the
said amendment, if formulated and adopted by such convention, may be
duly ratified by the constitutional number of the states by their several legis-
latures, or by their several conventions.
Adopted by the House April 1, 1909.
Concurred in by the Senate April 7, 1909.
496 • JOINT RESOLUTIONS.
University of Illinois — Carnegie Foundation.
(Senate Joint Resolution No. 10.)
Whereas, The Carnegie Foundation for the Advancement of Teaching, a
corporation acting under a charter from the federal government of the United
States, has adopted a plan of granting retiring allowances for long and dis-
tinguished service to the professors in those colleges and universities of the
United States whose standards of work correspond to the demands set by
the trustees of said Foundation; and,
Whereas, The trustees of said Foundation have provided that, in case
State universities desire to secure the advantages of this system of retiring
allowances for the members of their faculties, the request of the board of
trustees of said universities asking for said privilege shall be approved by
the Legislature of the State supporting said university; and,
Whereas, The Board of Trustees of the University of Illinois has re-
quested said Foundation to place the State University of Illinois on the list
of institutions to the members of whose faculties retiring allowances are
granted under the rules of said Foundation; therefore, be it
Resolved, by the Senate, the House of Representatives concurring herein,
That the request of the Board of Trustees of the University of Illinois ad-
dressed to the Carnegie Foundation for the Advancement of Teaching to
place the State University of Illinois on the list of institutions to the mem-
bers of whose faculties retiring allowances are granted under the rules of
said Foundation be hereby approved.
Adopted by the Senate February 3, 1909.
Concurred in by the House February 16, 1909.
University of Illinois — Schedule of Salaries.
(Senate Joint Resolution No. 12.)
Whereas. It is the evident will of the people of this commonwealth that
the University of Illinois shall be made so complete in its organization and
equipment that no son or daughter of this State shall be obliged to seek in
other states or other countries those advantages of higher education which
are necessary to the greatest efficiency of social service either in public -or
private stations; and,
Whereas, The State of Illinois has imposed upon this institution, in its
agricultural and engineering experiment stations, and in its graduate school,
the duty of carrying on extensive and important investigations of vital in-
terest to the agricultural industry and education of the State, and the con-
duct of these investigations calls for the very highest ability and the most
thorough training on the part of those entrusted with their supervision; and,
Whereas, The great progress of this institution in the last five years has
attracted the attention of the whole country and made other institutions
desirous of drawing away the members of the faculties in said university;
and,
.Whereas, The present schedule of salaries is not sufficient to enable the
institution to compete on equal grounds with other state and private uni-
versities in the United States; therefore, be it
Resolved, by the Senate, the House of Representatives concurring herein.
That it is the sense of this General Assembly that the board of trustees of
the University of Illinois should adopt such a policy as will in their judg-
ment attract to, and retain in, the. service of the university and the State,
the best available ability of this and other countries.
Adopted by the Senate February 10, 1909.
Concurred in by the House March 31, 1909.
CERTIFICATE. 497
UNITED STATES OF AMERICA, ]
\ ss.
State of Illinois,
Office of the Secretary of State.
I, James A. Rose, Secretary of State of the State of Illinois, do hereby
certify that the foregoing Acts and Joint Resolutions of the Forty-sixth Gen-
eral Assembly of the State of Illinois, passed and adopted at the regular
biennial session thereof, are true and correct copies of the original Acts and
Joint Resolutions now on file in the office of the Secretary of State, save and
except such words, letters and figures as are printed in brackets, thus: [ ].
In Witness Whereof, I hereto set my hand and affix
[seal.] the Great Seal of State, at the city of Springfield, this
19th day of July, A. D. 1909.
James A. Rose,
Secretary of State.
—32 L
INDEX. 499
INDEX TO LAWS.
Page.
ACCIDENTS — reports to state factory inspector. 2 4 20S
Adjutant General — appointment by governor, 3 439
appropriation, ordinary and contingent 64, 65, 83
military and .naval code revised 137
Administration of Estates — award to widow or children.. 1
county and probate clerks and deputies restricted 174
heirship of deceased persons 3
inheritance tax, revision ! 311
instruments executed without state 145
letters of administration, revocation 4
oath of administrator, form and how administered 4
testate estates, jurisdiction of courts 175
wills, appeals and evidence 472
foreign, situs of specialty debts 472
probate without notice 473
Advertising — signs and bill boards 139
structures near parks 290
Agriculture — farm drainage, act 1S79 revised 182
farmers' institutes, reports 5
state board, eligibility of members 5
(see, also, "Appropriations.")
Albert, C. J. — appropriation for relief 26
American Smelting and Refining Company — sale of state land 432
Animals and Birds — arbor and bird day, 271 412
bounty, on crows and crow's eggs 7
on ground hogs 7
carrier pigeons, protection 8
domestic, contagious and infectious diseases 8
experiments upon animals, humane education 415
hog cholera serum, free distribution 62
live stock commissioners, act revised 8
stallions, registration act 14
stallions and jacks, pedigree and breeding . . . 19
state veterinarian, general provisions 8-14
transportation of diseased, 4 11
tuberculin test investigation 60, 492
veterinary examiners, approval of vouchers, 0 2-S:>
Appointments — arbor and bird day by governor, 271 412
art commission by governor 96
board of administration of charities by governor, 4 104
board of education in cities over 100,000 by mayor, 12S . , 379
boards of education in counties by county board, 99 3 79
charities commission by governor, 5 . . . 109
charity visitors -by governor, 7 110
dental examiners by governor 277
drainage commissioners by court, 5 183
employment agency inspector by governor, 8 21 S
500 INDEX.
Appointments— Concluded. Jtage.
examiners of barbers by governor, 2 . .
fire marshal by governor 266
forest preserve commissioners by county board, 2 247
game commissioner by governor, 16 ^^
Illinois park commission by governor *8
inheritance tax attorney by attorney general, 12 318
insurance superintendent by governor, 2 263
Italy and Sicily relief commission by governor 7.3
Kaskaskia commons commission by governor, 1 426
labor commissioners by governor 199.
library extension commission, 10 275
live stock commissioners by governor, 1 8
marshal by supreme court, 11 T-^7
military and naval officers by governor 139
miners' examining board by county judge, 2 2S4
mining commission by governor 55
scholarships by members of general assembly, 173 389
state veterinarian by governor, 1 9
tax commission by governor 59
truant officers by school authorities, 275 414
trustees police pension fund by mayor, 2 134
Vicksburg military park revision commission by governor 03
(see, also, "Joint Resolutions.")
Apportionment — common school fund, 211, 215 400, 401
Kaskaskia commons school fund, 14 431
Appropriations — agriculture, county fairs and societies 23
agriculture, experiment station 19
farmers' institutes 24
state board 25
awards by court of claims 26
bee-keepers' association 28
bills for traveling expenses, etc 92, 11 2
boards, state — see "Boards and Commissions."
bridges over Illinois and Michigan canal 29
charitable institutions, northern and eastern hospitals, emergency. ... 30
ordinary expenses 31
special items "32
Chicago river, navigability 30
court, supreme, emergency 22
ordinary and contingent S3
dairymen's association 37
educational institutions, ordinary expenses il
special items 39
election contest for governor, attorney fees, G7 9 0
fugitives from justice, deficiency 45
general fund, 22 XI
general assembly, 45th, funerals of Powers and Finnan 46
committee expenses of 46th 47
employes of 46th 47, 48
incidentals of 46th 48
47th and state officers 49
grand army of the republic, printing, etc 49
Grant home association 5°
historical library, documents 51
general expenses, 53 87
Lincoln-Douglas debates, 17 • SO
horticultural society 51
insurance department, ordinary and contingent, 50 S7
purchase of safe 52
INDEX. 501
Appropriations — Concluded. Page.
investigations, commitment of convicted persons, 71 91
employment commission 52
fire insurance commission 54
Illinois central railroad company 78, 82
mining commission 55
occupational diseases commission, 69 91
public land committee 57
soldier's and sailor's names at Vicksburg 93
Starved rock commission 58
tax commission 59
tuberculin test committee 60
(see, also, "Joint Resolutions.")
live stock breeders' association 01
live stock commissioners, biological laboratory 62
deficiency 62
general expenses, 49 80
milk producers' institute 63
monument, Indian creek, Shabonna park, 68 90
Lincoln, general expenses, 52 87
Vicksburg military park, soldiers' names revised 93
national guard, armory, Chicago, 7 th infantry 64
camp Lincoln 64
camp Logan 65
ordinary and contingent 65, S3
overcoats and uniforms S6
naval reserve, ordinary and contingent 05
overcoats and uniforms 60
U. S. S. Nashville 66
penitentiary, new buildings 70
southern, ordinary and special 67
state, ordinary and special 68
printing and binding, deficiency 72
general fund, 16,17 SO
portrait of Patrick Henry 71
poultry association 71
relief, awards by court of claims 26
earthquake sufferers in Italy and Sicily 73
Leidel, Albert W 73
Zaabel, Mrs. Paul 1 74
state government, general expenses 75
state officers, salaries 49
state reformatory, ordinary and special 68
university of Illinois, agricultural experiment station 1 9
clay working, 65 90
endowment fund and interest 42, 90
mining engineering department 43
ordinary and special 41
university hall 4 3
Vicksburg military park revision commission 93
Architect, State — compensation and duty 94
Art — state commission created 96
Assessments — see "Revenue."
Asyium for Feeble Minded Children, Lincoln — appropriation, ordinary. . 31, 32
appropriations, special items 35
Asylum for Insane Criminals, Menard — appropriation, ordinary 31, S 2
appropriation, special items 34
Attorney General — appropriations, ordinary and contingent, 28 82
Attorneys — lien for fees- 97
Auditor — appropriation, ordinary and contingent, 18-27 SO
Automobiles — annual registration 336
appropriation of fees, 15% 80
lamps, speed and penalties S39
502 INDEX.
BALLOTS — see "Forms Prescribed." Page.
Barbers — board of examiners, registration, etc OS
Bee-Keepers' Association — appropriation 28
Berry, Orville F. — -appropriation, 67 90
Bill, Boards — license by municipalities 139
structures near parks 290
Binding — appropriation, deficiency 72
appropriation, general fund, 17 »• • 80
Blue Book — appropriation for printing, 14 79
Boards and Commissions, State — administration of charities 101
agriculture, eligibility of members '>
appropriation, agriculture 25
arbitration, 56 88
bureau of labor, 43 85
canal, bridges and Chicago river 29, 30
charities, ordinary and contingent, 33, 35 83, 122
civil service, 63 89
contracts, printing and binding, 16, 17 72, 80
equalization, 24 81
fish, 47 86
Ft. Massac, 59 88
geological, 65 ,. . . . 90
health, 60 88
highway, 62 89
historical library 51, 86, 87
internal improvement, 70 91
library extension, 11 79
Lincoln homestead, 51 8 7
Lincoln monument, 52 87
live stock 62, 86
mine inspectors, 45 8a
mining, 44 85
natural history laboratory, 58 S8
natural history museum, 42 85
pardons, 57 8 S
prison industries, 64 90
railroad and warehouse, 41 85
state library, 11 79
art, creation 96
barbers, creation 98
bureau of labor, revision 199
charities, revision 109
dental examiners, revision 277
Kaskaskia commons, creation 425
library extension, creation ^74
live stock, revision 8
stallion registration, creation, 2 15
veterinary examiners, approval of vouchers, 6 283
(see, also, "Investigations" and "Joint Resolutions.")
Bonds — municipal, referendum on certain -. 130
school, general provisions 3 96
Bounty — on crows and crow eggs 7
on ground hogs '•
Bridges — see "Roads and Bridges."
CABOOSE CARS — size and equipment 306
Canals and Rivers — bridges over I. and M. canal ^9
captains vested with police powers 1 SI
Chicago river, navigability, appropriation ;^-0
convict labor on improvement of certain rivers :'.')3
INDEX. 503
Page.
Capodice, Antonio — appropriation 27
Carrier Pigeons — protection of 8
Cemeteries — trust funds 1 01
Central, Hospital for Insane Jacksonville — appropriation, ordinary 31, 32
appropriation, special 33'
Charitable Bye and Bar Infirmary, Chicago — appropriation, ordinary. ... 31, 32
appropriation, special 36
Charities — appropriation, state board 83,I?2
appropriation, state institutions 30, 31, 32
transfer of insane, 26 SI
board of administration, creation, 4a 104
charities commission, creation, 5a 109
charity visitors, appointment, duties, etc., 7 109
control of state charitable institutions, general revision 102
fraternal beneficiary societies, hospitals and asylums 259
paupers, recovery from relatives 299
soldiers and sailors, burial and relief of indigent 123
soldiers' orphans' home, sale of lots 125
tuberculosis sanitariums, in cities and villages 1 43
in counties 162
Chicago River — appropriation for navigability 30
Children — allowance to and for support 1
attendance at public schools, 274, 275 413
leases of dwelling houses prohibiting 272
visitation of, in family homes, 30 121
Cities and Villages — advertising, signs and bill boards 139
advertising structures near parks 290
board of education in Chicago, 128-139 379
bond issues, referendum on certain 130
employment agencies regulated 318
Are department, treasurer of tax fund 126
Are escapes, application of act 1899 234
firemen's pension fund, act 1887 amended 128
fire reports, fee and mileage 271
fires, investigation where no department exists, 6 267
forest preserve districts 245
hotels and inns regulated 252
libraries, distribution of funds 273
tax rate limited 274
ordinances authorizing bonds, referendum 130
organization proceedings legalized • '131
pawnbrokers, general revision 3 00
plumbers, examination and license fee 132
police, conductors and captains vested with police powers 181
pension fund in cities 20,000-50,000 13:;
powers, advertising signs and bill boards 139
sales of merchandise by weight J 3 9
tuberculosis sanitariums i 43
sinking fund commission .♦ 140
streets, control and improvement by park authorities- 297
tax levy, corporate purposes, how made 141
in certain municipalities, limitation "142
park purposes, music 298
school purposes, 189 394
teachers' pension fund in cities over 100,000 384
trustees, biennial elections in certain 144
Civil, Service — Cook county commission 153
forest preserve districts, 11 250
state charitable institutions, 11 11$
(
504
INDEX.
Page.
Clerks of Courts — county and probate, restrictions 174
county, duties as to school affairs 397
(see, also, "Courts.")
Columbus Day — declared legal holiday 287
Comforti, Allessendria — appropriation for relief 27
Commissions — See "Boards and Commissions" and "Investigations."
Constables — fees in certain counties 224
Contracts — instruments executed without state 145
state, appropriations 72, SO
Conveyances — instruments executed without state 145
land titles, registrar and deputy restricted : 146
soldiers' orphans' home, sale of lots 125
state lands, sales authorized 425-436
tax deeds, reconveyance 146
Convict Labor — see "Penitentiaries."
Cooke, George A. — appropriation, 67 9 'J
Cooley, Lyman E. — appropriation, 67 90
Corn Breeders' Association — cooperation with experiment station 21
Corn Growers' Association — cooperation with experiment station 20,21
Coroner — permit to remove dead body 147
Corporations — electric apparatus, injury or destruction 17 7
exemptions of religious, from taxation 309
false pretenses in written statements 177
Counties — board of education, appointment, etc., 99 370
bridges donated to 325
on or near boundary lines, 21 326
Cook, county commissioners, powers and duties 149
dieting prisoners after December, 1910, 7 152
salaries of county officers 221
county board, duties as to school affairs S99
duties as to supplies, etc 160
powers enumerated 162
Edgar, terms of county court 172
forest preserve districts 245
Franklin, terms of county court 173
Pulton, terms of county court 173
jails and almshouses, approval of plans, 32 1 i'l
Jefferson, terms of circuit court 105
paupers, recovery from relatives 299
powers of county 162
Saline, terms of county court 174
soldiers' and sailors', burial and relief 123,124
supplies for county officers, 3 161
tax levy, additional 148
county purposes 325
tuberculosis sanitarium, 5, 9 162,163
Court of Claims — appropriation for awards 26
Courts — appellate, appeals to supreme 304
appellate, appropriations, 36-40 84
terms fixed 163
circuit, clerk's per diem for attending court 220
Jefferson county, terms fixed 165
short-hand reporters, compensation 164
terms in 4th, 5th, 8th, 15th, 16th and 17th circuits 165-169
circuit and superior, assignment of judges 170
farm drainage and levee matters 171
city, salaries of judges 172
INDEX. 505
Courts — Concluded. Page.
county, clerks and deputies restricted 3 74
clerks' fees in certain counties ",25
clerk's per diem for attending court 220
Edgar, terms fixed 172
Franklin, terms fixed 173
Fulton, terms fixed 173
miners' examining boards, appointment, 2 281
Saline, terms fixed 174
testate estates 175
probate, clerks and deputies restricted 174
clerk's fees in certain counties " . . . 222
clerk's per diem for attending court 220
testate estates ".75
(see, also, "Administration of Estates" and "Wills.")
supreme, appeals from appellate 304
appropriation 83.92
assignment of circuit and superior judges 170
clerk, appropriation, 35 81
marshal, appointment, etc 176
reporter, appropriation, 54 87
reports, appropriation, 9 79
Criminal Code — detention of females 1 so
electric apparatus, injury or destruction 177
false pretenses in written statements 177
fines, forfeitures and penalties under school law 406
larceny and embezzlement of fraternal funds 178
lease of dwellings prohibiting children 272
liability of school officers 408
mobs and riots, provisions of military code 466
pandering 179, ISO
pawnbrokers regulated 300
police powers of conductors and captains 181
. stallions and jacks, misrepresentations 19
(see, also, penalties.")
Crippin, Philip — appropriation for relief 28
Crows — bounty fixed by county board 3
Cuculic, Mike — appropriation for relief 27
DAIRYING — appropriation to experiment station, 6 21
standard of dairy products 423
tuberculin test investigation 60, 492
Dairymen's Association — appropriation 37
cooperation with experiment station 20, 21
Dental Surgery — general revision 277
Department of Justice — see "Courts, Supreme."
Devine, John F. — appropriation in favor of 27
Di Cosola,, Michael — appropriation for relief 27
Drainage — act 1879 revised 182
jurisdiction of circuit and superior courts 171
sanitary districts in certain localities, elections legalized 196
sanitary district of Chicago, indebtedness limited 196
Drugs — see "Medicine and Surgery."
Earthquake — appropriation to sufferers in Italy and Sicily 73
Eastern Hospital ofr Insane, Kankakee — appropriation, emergency 30
appropriation, ordinary 31, 32
special items 33
Eastern Normal School, Charleston — appropriation, ordinary 38
appropriation, special items 39
Education — see "Schools."
506 INDEX.
Page.
Elections — board of agriculture, members S
board of education in districts of less than 100,000 :)'i 7
bond issues of municipalities, referendum 130
city, salaries of commissioners and clerks 198
contest for governor, appropriation, 67 90
county superintendent of schools 345, 399
forest preserve districts, form of ballot 251
remedial acts, organization of cities and villages 131
park districts under act 1895 : 2 9 1»
sanitary districts in certain localities 196
school. Wond issues, 198 396
directors, 103-122 371
township high school, establishment 366
township school treasurer, 67 360
superintendent of public instruction 313
town officers, biennially 470
trustees of villages and towns under special acts 144
voters, qualifications under school law, 268 412
(see, also, "Joint Resolutions.")
Electric Apparatus — injury or destruction 1 77
Employment — bureau of labor, appropriation, 43 85
bureau of labor, revision 199
caboose cars, size and equipment 3 06
convict labor on river improvements 303
factory inspector, appropriation, 55 88
free employment offices, appropriation, 46 85
approval of vouchers 201
hazardous machinery, safeguards, etc 202
hours of work for female employes 2 J 2
inspectors of private agencies, 8 2 IS
investigation commission, appropriation 52
mining investigation commission 55
occupational diseases commission, 69 91
private agencies, revision 213
seats for female employes, 9 204
water-closets, dressing rooms, etc 207, 208
FACTORIES — see "Employment."
Farmers' Institutes — appropriation for state and county 24
cooperation with experiment station 20, 21
reports, printing and binding 5
Fees and Salaries — architect, state, compensation 94
automobiles, annual registration fee, 2 337
board of administration of charities, salaries. , . . . .105, VI"
bureau of labor, compensation of commissioners and secretary, 3 200
circuit court reporters, compensation 164
clerk of board of school directors, 115 374
clerks of courts, per diem for attending court 220
constables, fees in certain counties 224
Cook county, salaries of county officers 221
county clerks, fees, IS 225
fees for reconveyance under tax title 146
county superintendents, salaries classified 233
dental examiners, fees and per diem 277
drainage commissioners and clerk, compensation, 42 192
election commissioners and clerks, salaries 198
employment agencies, registration fee, 4 2 15
salaries of inspectors, 10 219
fee and mileage for reporting fires, 16 271
fire insurance commission, compensation .- 54
fire marshal, fees, 12 270
salary of, and assistants, 11 269
INDEX. 507
Fees and Salaries — Concluded. Page.
fishing in Lake Michigan, license fee 2:$ 5
forest preserve commissioners, compensation, 3 217
game commissioner and wardens, compensation, 18 242
general assembly, compensation of members 252
hunters, license fee, 25 243
inheritance tax fees 311
insurance superintendent, salary 262
judges of city courts, salaries 172
live stock commissioners, compensation, 12 14
marshal of supreme court, salary, 11 177
military and naval officers, compensation 456
miners' examining boards, fees and compensation, 2, 4 285
mining commission, compensation, 5 56
pawnbrokers, rates 300
plumbers, examination and renewal fee 132
probate clerks, fees in certain counties 222
school teachers, examination and renewal fee, 177, 180 390
sheriffs, fees in counties outside Cook 228
stallions, registration fees, 8 18
state veterinarian, compensation, 12 < 4
state's attorney, fees 231
text books, fees for filing sample copies, etc., 2 417
town clerks and supervisors, per diem 470
township treasurers, compensation, 69 361
veterinary examiners, per diem 283
Fire Escapes — exemptions of certain municipalities 234
Fire Marshal — appointment, duties, powers, fees, etc 266
Firemen — see "Cities and Villages."
Firemen's Association — appropriation 45
Fish and Game — fishing in Lake Michigan, license fee 234
game law revised 236
Fiske Teachers' Agency — appropriation for relief 27
Florists' Association — cooperation with experiment station 20, 22
Food — cooperation with charity purchasing officer, 15 115
household science, appropriation to experiment station, 8 22
standard of purity and strength 123
state food commissioner, appropriation, 61 89
storage in certain rooms prohibited, 8 204
Forestry — forest preserve districts, creation 245
Forms Prescribed — ballot, adoption forest preserve act, 15 251
ballot, under hard road act, 4a 328
under municipal bond act 131
bills for traveling expenses, etc 92, 112
election notice, high school annexation 3 68
manual training department, 97 370
organization of school districts, 51 356
organization of township high school 366
sale of school lands , 403
school bond issues 397
school directors, 107 372
school trustees 351,359
notice, appeal concerning boundaries of school districts 357
petition to change boundaries of school districts 357
sale of school land 404
sale of school site or building, 40 353
under hazardous machinery act, 31 211
under inn-keepers act, 1 253
oath of administrator 4
petition for hard roads, 4a 328
508 INDEX.
Forms Prescribed— Concluded. Page.
schools, attendance register and schedule 392, 393
bond of county superintendent '. 345
bond of township treasurer 3 SI
directors' approval of teacher's schedule, 187 393
mortgages for loan of funds, 73 363
orders on township treasurer, 116 375
tax levy certificate 395
teacher's certificate, 178 390
stallion license certificate 16,17
Fugitives from Justice — appropriation, deficiency 46
appropriation, general fund, 22 81
GAME — revision of law 236
General Assembly — appointment of scholarships, 173 ,;•••• ^89
appropriation, committee expenses of 46th 47
committee expenses of 47th, 48 86
employes of 46th 47, 48
incidentals of 46th 4g
funerals of Powers and Finnan of 45th 46
furniture and redecoration, 13, 15 79
members of 47th 49
compensation of members . . . . . 252
General Hospital for Insane., South Bartonville — appropriation, ordinary 31, 32
appropriation, special items 34
Governor — appointment, arbor and bird day, 271 412
appointment, art commission 96
battle of Lake Erie commission 478
board of administration, 4a 10 1
charties commission, 5a 3 09
charity visitors, 7a 110
children's surgical institute commission 479
crimes and misdemeanors commission 480
dental examiners 277
employment agency inspector, 8 ^ 218
examiners of barbers, 2 $8
fire insurance commission 54, 483
fire marshal 266
game commissioner and wardens, 16 240
Illinois park commission 58
insurance superintendent 263
Italy and Sicily earthquake commission 73
Kaskaskia commons commissioners, 1 426
labor commissioners, 1 199
live stock commissioners, 1 S
military and naval officers 439
mining commission 55
state veterinarian, 1 9
tax commission 59
Vicksburg military park revision commission 93
(see, also, "Investigations.")
appropriations, ordinary and contingent 77
election contest, attorneys' fees, 67 90
(see, also, "Joint Resolutions.")
Grain Dealers' Association — cooperation with experiment station 21'
Grand Army of Republic — appropriation 49
Grant, Mrs. Nettie — appropriation for relief . . . 26
Grant Home Association — appropriation 50
Graveyards — see "Cemeteries."
Ground Hogs — bounty fixed by county board 7
HALL,, ROSS C. — appropriation, 67 90
Heeg, Ralph — appropriation 27
INDEX. 509
Page.
Heirship — how ascertained and declared . 3
HenrTj Patrick — appropriation for portrait 71
Highways — see "Roads and Bridges."
Historical Library — appropriation for documents 51
appropriation, general expenses, 53 87
Lincoln-Douglas debates, reprint, 17 80'
Hog Cholera Serum — free distribution , 62
Holidays — Columbus day, October 12 287
legal school, 188 394
Horticulture — appropriation to state society 51
San Jose scale act amended 420
state society to cooperate with experiment station 20, 21
Hospitals — see "Charities" and "Insurance."
Hotels — inn-keepers act revised 252
Household Science — appropriation, 8 22
ILLINOIS CENTRAL RAILROAD CO. — appropriation for suits against... 78,82
Illinois Steel Company — sale of state lands to 4S4
Industrial Home for Blind, Chicago — appropriation, ordinary 31, 32
appropriation, special 35
Inheritances — taxation act revised 311
Inn-Keepers — revision of law 252
Insane — see "Charities."
Insects — San Jose scale act 1907 amended 420
Insurance — accident, disability and funeral benefits 255
Are, county companies, additional territory 256
county companies, election of officers 256
investments, loans and restrictions, 8 257
rate investigation commission 54, ^83
state fire marshal, appointment, powers, duties, etc 266
tax by cities and villages, 1 126
tax under state fire marshal act, 12 270
township companies, risks, 8 258
fraternal, arrears in claims, 12 261
delegate act of 1907 repealed 260
hospitals and asylums authorized 259
larceny and embezzlement of funds Vi8
visitation and inspection, 12 261
life, consolidation and re-insurance 263
policy provisions, 6 265
superintendent, appropriation, general expenses, 50 87
appropriation, purchase of safe 5 1
salary increased 262
Interest — loans of school funds, 72 362
pawnbrokers regulated 300
Investigations — commitment of convicted persons, 71 91
crimes and misdemeanors 480
employment 52
fire insurance rates... 54,483
fires by state fire marshal, 6 :'67
Illinois central railroad company 78, 82
mining 55
occupational diseases, 69 91
public lands 57,489
railroads 490
Starved rock as state park 58
surgical institute for children 479
taxation 59
tuberculin test 60, 492
Vicksburg military park, soldiers' and sailors' names revised 93
Iroquois Iron Company — sale of state lands to 435
Italy — relief of earthquake sufferers 73, 4S1
510 INDEX.
JAILS — dieting prisoners in Cook county, 7 152
plans approved by board of administration, 32 121
Joint Resolutions — list of 516
Jury — dentists exempt from service, 15 281
Justices and Constables — constables fees in certain counties 224
KASKASKIA COMMONS— sale authorized 425
Krampe_, Louis — appropriation 27
LABOR — see "Employment."
Landlord and Tenant — claim for rent joined in suit for possession 271
inn-keepers, act revised 252
leases not to prohibit children 272
Lands — see "Conveyances," "Real Estate" and "State Lands."
Laws — appropriation for copying and distributing, 12 79
Validating Acts —
cities and villages, organization proceedings 131
drainage, organization proceedings, 5a 184
heirship of deceased persons 3
instruments executed without state 145
normal schools in counties, establishment, 102 371
park districts, organization under act 1895 296
sanitary districts in certain localities, organization 196
With Emergency Clause —
appropriation, committee expenses 47
earthquake sufferers in Italy and Sicily ,. . 73
employes 47, 48
fugitives fom justice, deficiency 46
funerals of Powers and Finnan 46
incidental expenses 48
insurance department, safe 52
live stock commissioners, deficiency 62
northern and eastern insane hospitals 30
printing and binding, deficiency 72
public land committee 57
soldiers' and sailors' names revised 94
supreme court, current expenses 92
U. S. S. Nashville, voyage 66
Zaabel, Paul I, salary to widow -. . 74
cities and villages — organization proceedings legalized 131
sinking fund commission 140
tuberculosis sanitariums 143
circuit and superior courts, drainage matters 171
county tax levy 148
drainage, act 1879 revised 182
jurisdiction of courts 171
sanitary districts legalized 196
general assembly, compensation of members 252
insurance, fraternal hospitals and asylums 259
larceny of fraternal funds 178
parks, bond issues 291
elections legalized 296
highways adjoining 295
schools, general revision 343
Without Governor's Signature —
advertising structures near parks 290
appropriation for bridges over I. and M. canal 29
attorney's lien 97
convict labor on river improvement 303
fire escapes 234
Kaskaskia commons 425
leases prohibiting children 272
text books for public schools 416
INDEX. 511
Leases — see "Landlord and Tenant." Page.
Lebeau, E. J. — appropriation 28
LeideLj Albert W. — appropriation 73
Levees — see "Drainage."
Libraries — free public, distribution of funds 273
state, appropriation, 11 79
library extension 79, 274
state historical, appropriation _ 51, 80, 87
supreme court, appropriation, 34 84
tax levy by cities, limitation 274
Liens — attorney's 96
inn-keepers, 2 253
Lieutenant Governor — appropriation, 6 78
Live Stock — see "Animals and Birds."
Live Stock Breeders' Association — appropriation 61
cooperation with experiment station 20
MCCARTHY, J. D. — appropriation 28
Marriages — who may celebrate, 4 276
Medicine and Surgery — alcoholic drinks and narcotics, school studies 413
dental surgery and dentistry, revision 277
experiments upon animals in schools, 3 415
state veterinarian, general provisions 8
veterinary examiners, approval of vouchers, 6 283
Merchandise — sales by weight 139
Military and Naval Code — general revision 437
(see, also, "National Guard.")
Milk Producers' Institute — appropriation 63
Mills and Workshops — see "Employment."
Mines — competency of miners, act revised 284
investigation commission 55
mining engineering department at state university 43
Mobs and Riots — provisions of military code 466
Monuments — Lincoln, appropriation, 52 87
Shabonna park, appropriation, 68 90
soldiers' and sailors' names at Vicksburg revised 93
Mortgages — form for loans of school funds, 73 363
instruments executed without state 145
Motor Vehicles — annual registration 336
lamps, speed, penalties, etc 339
Museum of Natural History — appropriation, 42 85
NARCOTICS — nature and effects taught in public schools 413
National Guard — adjutant general, appropriation, 32 83
appropriation, armory, Chicago, 7th infantry 64
' camp Lincoln 64
camp Logan 65
ordinary and contingent 65, 83
overcoats and uniforms 66
U. S. S. Nashville 66
military and naval code revised 437
Natural History — appropriation, laboratory, 58.' 88
appropriation, museum, 42 85
Negotiable Instruments — instruments executed without state 145
legal holidays, "Columbus Day" 287
Newspapers — term defined 288
Northern Hospital for Insane, Elgin — appropriation, emergency 30
appropriation, ordinary . . ._. ^ 31, 32
special items 33
Northern Normal School^ DeKalb — appropriation, ordinary 38
appropriation, special items 39
512 INDEX.
Page.
Notices — publication of legal 288
(see, also, "Forms Prescribed.")
Nursery Stock — transportation regulated,- 3, 5 422
OATH — of administrator, form, how administered 4
O'Carroll, Edward M. — appropriation 27
PAPER AND STATIONERY — appropriation, deficiency 72
appropriation, general fund, 16 80
Parks — advertising structures restricted 290
annexation of territory, joint petition 292
bonds for small parks 291
drives, highways and streets, tax installments 294, 295, 297
elections under act 1895 legalized 296
forest preserve districts, creation 245
Starved rock as state park, investigation commission 58
tax levy, additional under act 1873 288
additional under act 1893 289
by municipalities, music in summer 298
Paupers — recovery from relatives for aid 299
soldiers and sailors, relief and burial 123,124
Pawnbrokers — general revision 300
Penalties — false pretenses in written statements 177
liability of school officers 408
removing dead body without permit of coroner, 10a 148
trespassing upon school lands, 221-223 •. 402
violations- — advertising structure act 290
automobile act, 19 340
barber act, 13 101
caboose car act 306
carrier pigeon act 8
charity act, 9 _. 112
Cook county civil service act, 41, 42 160
county and probate clerks restriction act 174
dental surgery act 277
electric apparatus act 177
employment act, 26 209
female employment act, 2 212
fire department act, 2 127
fire marshal act, 9, 10, 13 269, 270
forest preserve act, 6 •. 248
fraternal insurance inspection act, 12 261
game act, 26 236
inheritance tax act 311
inn-keeper act 252
larceny of fraternal funds act 178
leasing of dwelling house act, 2 272
live stock act 8
military and naval code 437
miner's competency act, 6 286
moral and humane education act, 5 416
motor vehicle act, 19 340'
nursery stock act, 5 422
pandering acts 179, 180
pawnbroker act 300
private employment agency act 213
San Jose scale act, 5 422
school acts 406, 408
stallion and jack act 19
stallion registration act, 10 18
tax title act, 2 147
text book act 416
INDEX. 513
Page
Penitentiaries — appropriation, commitment commission, 71 91
appropriation, conveying convicts, 20 81
new building's
70
ordinary and special g7 gg
prison industries, state board, 64 '90
convict labor on river improvement 303
Pension Fund — firemen, act 1887 amended ., 12s
police, in cities of 20,000-50,000 133
teachers, in cities over 100,000 384
Pigeons, Carrier — protection of g
Pines, Joseph — appropriation 27
Plumbers — examination and license . . . : „. 132
Police — see "Cities and Villages."
Poor — see "Paupers."
Poultry Association — appropriation 71
Practice — appeals to supreme court 304
Printing and Binding — appropriation, deficiency 72
appropriation, general fund, 16, 17 80
Lincoln-Douglas . debates, 17 80
state teachers' association proceedings, 272 412
RAILROADS — caboose cars, size and equipment 306
commissioners, appropriation, ordinary and contingent, 41 85
Illinois central, appropriation for suits against '...., 78, 82
live stock, transportation of diseased 11
nursery stock, transportation of infested or infected 422
police powers of conductors 1S1
sidetracks and connections 3 07
Real Estate — see "Conveyances."
Reporters — see "Courts."
Resolutions, Joint — list of 516
Revenue — assessed value of property ' 3 OS
bond issues of municipalities, referendum on certain J 30
exemptions from taxation .' 3 09
fire insurance companies, tax to cities and villages 3 :-'6
tax to insurance superintendent, 12 27 0
general levy for state purposes. 210
gifts, legacies and inheritances, general revision 313
investigation commission '....' 59
levy and extension of taxes, assessed value , . 323
tax levy, county purposes 148,325
highways and streets adjoining parks 294-297
library purposes 274
municipal purposes 141, 14 2
park purposes .' 288, 289, 298
road purposes, in counties not under township organization 330,331
road purposes in counties under township organization 333
school purposes 3 94, 3 98
Rivers — see "Canals and Rivers."
Roads and Bridges — bridges donated to county 325
bridges, on or near boundary lines, 21 323
over Illinois and Michigan canal, repairs 29
hard roads, petition, special election, etc 3 27
highways adjoining parks, improvement 295
in counties not under, district tax 330
tax levy by county board, how made 331
in counties under, tax for road purposes 333
tax paid to city treasurer in certain cases 332
motor vehicles, appropriation of fees for tags, etc, 15% 80
registration annually 336
speed, lamps, penalties 339
school officers exempt from labor on roads, 266 412
go t
- — OO Li
514 INDEX.
Page.
26
Rose, Oscar A. — appropriation
SANITARY DISTRICTS — see "Drainage."
San Jose Scale — act 1907 amended '-'J
appropriation to state entomologist, 59
School for Blind, Jacksonville — appropriation, ordinary 31, 32
appropriation, special . jM*
School for Deaf, Jacksonville — appropriation, ordinary 31, 32
appropriation, special "4
Schools — alcoholic drinks and narcotics, 273 413
appropriation, common school fund and interest, 25, 27 =■ 81, S3
state normals, ordinary and special 37,39
state superintendent, ordinary and contingent, 31 S3
arbor and bird day, 271 4l2
attendance, compulsory, 274, 275 41?
daily register and monthly schedule 392, 393
board of education, in cities over 100,000, 128-139 3.9
in districts under 100,000, 123-127 377
bonds, general provisions ' 39'o
certificates of teachers, 177-182 ; 390
county board, duties as to school affairs : 3 99
county clerk, duties as to school affairs 397
county normals. 9S-102 370
county superintendents, general provisions 3 45
salaries classified 233
vacancy in office, 209 399
directors, approval of schedule, 187 393
general provisions, 103-122 . . . ' 342
districts, general provisions, 45-G6 354
exemptions of property from taxation 309
fines, forfeitures and penalties 406
funds, how constituted and distributed 400
general revision of laws 342
holidays enumerated 394
institutes, annual county, 181-183 391
Kaskaskia commons, investment of funds, etc., 13 ....'. 430
lands, general provisions 101
liability of school officers . 408
manual training, 97 370
miscellaneous provisions of general law . : 412
moral and humane education 415
parental or truant schools, 140-151 381
pupils, transfer authorized, 121,122 376
revenue, general provisions 394
scholarships, normal and university. 1G6-175 388
state teachers' association proceedings, printing and binding, 272 412
superintendent of public instruction, general provisions 3 13
appropriation, general expenses, 31 83
tax levy, net reductions 2 2 4
school purposes ; ! 394, 398
teachers, general provisions, 176-188 ' 390
pension fund, 152-165 38 i
text books, adoption, use and prices 416
township high schools, general provsions, S5-97 366
township treasurer, general provisions, 67-84 360
truants and truant officers 382, US
trustees, general provisions. 19-66 312
Schrom, Robert E. — appropriation 27
Secretary of State — appropriation, ordinary and contingent, 7-15% 78-80
Sheriffs — dieting prisoners in Cook county, 7 152
fees in counties outside Cook county --S
INDEX.
515
Page.
Sicily — appropriation for relief of earthquake sufferers. . . 73
Signs — see "Advertising."
Smith, Libeie M. — appropriation 27
Soldiers and Sailors — burial and relief of indigent ■. 123, 124
central relief committee in Cook county 124
names on tablets at Vicksburg, revision commission 93
Soldiers' and Sailors' Home, Quinct — appropriation, ordinary 31, 32
appropriation, special ;!5
Soldier's Orphan's Home, Normal — appropriation, ordinary 31,32
appropriation, special 35
sale of lots authorized ] 25
Soldiers' Widows' Home, Wilmington — appropriation, ordinary 31, 3 2
appropriation, special ; ; 3 6
Southern Hospital for Insane, Anna — appropriation, ordinary 31, 32
appropriation, special 33
Southern Normal University, Carbondale — appropriation, ordinary 3s
appropriation, special 4 0
Southern Penitentiary, Chester — appropriation, ordinary and special G7
Stallions — misrepresentation act 19
registration act 14
Starved Rock — investigation commission 58
State Entomologist — appopriation, general expenses, 59 . 88
San Jose scale act 1907 amended ' 420
State Pood Commissioner — appropriation, general expenses, 61 8 9
standard of dairy and food products 423
* cooperation with charity purchasing officer, 15 115
State Lands — investigation commission 57,489
Kaskaskia commons, sale authorized 425
sale to, American smelting and refining company 132
Illinois steel company '13 4
Iroquois iron company 435
school lands, general provisions . 101
soldiers' orphans' home, sale of lots 125
State Militia — general revision of military and naval code 137
school officers exempt from service, 266 ■■ H2
(see, also, "National Guard.")
State Normal University, Normal — appropriation, ordinary 38
appropriation, special *0
State Penitentiary, Joliet — appropriation, ordinary and special 68
State Reformatory, Pontiac — appropriation, conveying offenders, 21 ... . 81
appropriation, ordinary and special »S
State Treasurer — appropriation, ordinary and contingent, 29 82,83
State Veterinarian — general provisions ■"■"■"■ s"|4
member stallion registration board, 2 J 5
State's Attorney — fees priscribed
St. Charles School for Boys — appropriation, conveying offenders, 19.... SO
appropriation, ordinary ' ''
special items • "
Steamboats — captains vested with police powers °1
Superintendent of Public Instruction — appropriation, 31 ■• • *
, *■ ■ • 343
general provisions
TAXATION — see "Revenue."
Teachers — see "Schools."
Temple of Justice — see "Courts, Supreme."
Tenant — see "Landlord and Tenant"' ^^g
Text Books — public school, adoption, use and prices
Titles — see "Conveyances."
516 INDEX.
Page.
Township Organization — bridges on or near boundary lines 326
high schools, general provisions, 85-97 366
school treasurer, general provisions, 67-84 360
town clerk and supervisor, per diem 47 0
town clerks to report fires, 6 267
town officers, biennial elections 470
compensation 47 0
township Are insurance companies, risks, S 253
Training School for Girls, Geneva — appropriation, conveying offenders, 19 o0
appropriation, ordinary 31, 32
special items 36
Tuberculosis — see "Charities."
UNIVERSITY OF ILLINOIS — scholarships, 170-175 389
(see, also, "Appropriations.")
U. S. S. Nashville — expense of voyage 63
VETERINARIANS — see "Animals and Birds."
WESTERN INSANE HOSPITAL, WATERTOWN, appropriation, ordinary. 31, 32
appropriation, special „ 34
Western Normal School, Macomb — appropriation, ordinary 3 8
appropriation, special 40
Widow — allowance for support of herself and children 1
Wills — appeals and evidence 472
county and probate clerks and deputies restricted 174
foreign, situs of specialty debts '. 472
inheritance tax, general revision 311
instruments executed without state 145
probate without notice 473
testate estates, jurisdiction of courts 175
Women — detention in house of prostitution 179
hours of work of female employes 212
pandering, general revision 180
seats for female employes, 9 204
voting at school elections, 269, 270 412
ZAABEL, PAUL I. — salary to widow ' 74
JOINT RESOLUTIONS.
Adjournment — January 14 to January 18 475
January 21 to January 26 475
January 2S to February 2 • 475
February 5 to February 9 475
February 11 to February 16 476
February 18 to February 23 476
February 25 to March 2 476
March 4 to March 9 476
March 12 to March 16 476
March 1 9 to March 23 , 476
March 26 to March 30 477
April 2 to April 7 477
April 9 to April 14 477
April 16 to April 21 477
April 23 to April 27 477
April 30 to May 4 477
May 7 to May 10 478
May 14 to May 17 ,, 478
Sine die 478
INDEX. 517
Joint Resolutions — Concluded. Page.
Battle of Lake Erie— Centennial Anniversary Commission 478
Chicago Dock and Canal Company 478
Children's Surgical Institute Commission , 479
Crimes and Misdemeanors Commission 480
Death of Honorable Paul I. Zaabel 480
Earthquake Sufferers in Italy and Sicily 481
Election Contest for Governor — Joint Committee 481
Joint Session 482
Time Extended ' 482
Fire • Insurance Commission 483
Furniture for House and Senate Chambers — Purchasing Commission 484
Removal 48 4
Inauguration of State Officers 485
Lincoln Centennial Exercises — Joint Committee 485
Lincoln Memorial Meeting, Chicago — Joint Committee 4S5
Memorial to Congress — Engineers' Report on Deep Waterway 486
Inheritance Tax 486
Lincoln Farm Association 487
National Bureau of Mines 487
Old Age Pensions, Etc 488
Occupational Disease Commission — Time Extended . . .■ 488
Public Land Investigation Committee — Appointment 489
Data, Etc 489
Railroad Investigation Commission 490
Rev. James Lemen, Sr. — Dedication of Monument 491
Salary of Justice Guy C. Scott 491
Tuberculin Test Committee 492
United States Senator — Election by General Assembly 495
Election by Popular Vote 495.
University of Illinois — Carnegie Foundation 496
Schedule of Salaries 496
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