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Full text of "Laws of the State of Illinois"

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WESTERN ILLINOIS UNIVERSITY LIBRARY 

ILLINOIS. 348ILLI 

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LAWS OF THE STATE OF ILLIN0IS$ SPRINGFIE 



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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 nothi 1 """ contained in this section shall be 
so construed as to prevent the movement of an iT 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 guilt 1 ' 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 rep 1 - 
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 } T ear, 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 b T7 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. 
15y 2 . 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, 
anc 1 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 } T ears 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 [of 1 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) } r ears 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. 

Disatailit5 r — 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 b Tr 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 for 6 
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, (f 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, 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. ]N T o 
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 factory 7 , 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 l x 
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. 

§ 29y 2 . 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 f An 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 the 1 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 w