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Full text of "Laws of the State of Illinois"

Compliments of 

lie Stnte of Illinois. 

EARKT WOGD3, 
SECRETARY OF STATE» 



SHELVED \H uMn COLLtCTiON 

■ D0SU!l-S?iT3 CeiLECTION 

»o Not Take Fro« This Roo. ONL/ 

WESTERN ILLINOIS UNIVERSITY LIBRARY 

ILLINOIS. 348ILLI 

ILX C001 

LAWS OF THE STATE OF ILLINOISS SPRINGFIE 




3 1711 00532 7445 



Digitized by tine Internet Archive 

in 2011 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1913illi 



LAWS 



OF THE 



STATE OF ILLINOIS 



ENACTED BY THE 

Forty-Eighth General Assembly 

AT THE 

REGULAR BIENNIAL SESSION 

BEGUN AND HELD AT THE CAPITOL, IN THE CITY OF 

SPRINGFIELD, ON THE EIGHTH DAY OF JANUARY 

A. D. 1913, AND ADJOURNED SINE DIE ON THE 

THIRTIETH DAY OF JUNE A. D. 1913. 



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



SPRINariELD, Tt.t> 

IixiMOis Stati Journal Co., Statb Printbbs 

19 13 



-tV^ 




DOCUMENTS LIBRARY 
WESTERN ILLINOIS 
UNIVERSITY 
MACOMB. ILLINOIS 



CONTENTS. 



^ 



Administration of Estates : Pagh. 

An Act to amend an Act entitled, "An Act concerning compensation of 
trustees," approved June 17, 1891, in force July 1, 1891 1 

An Act to amend sections twenty and twenty a (20a) of "An Act in regard 
to the administration of estates," approved April 1, 1872, in force 
July 1, 1872, as amended 2 

Agriculture and Horticulture : 

An Act to amend section seven of an Act entitled, "An Act to revise the 
law in relation to the Department of Agriculture, agricultural societies 
and agricultural fairs, and to provide for reports of the same," approved 
June 23, 1883, in force July 1, 1883, as amended by Act approved May 

29, 1911, in force July 1, 1911 3 

An Act conferring upQn the State Board of Agriculture the power to con- 
demn and take real estate through the exercise of the right of eminent 
domain 4 

Appropriations : 

An Act making an appropriation for county fairs or other agricultural 
societies of the State of Illinois " 

An Act making an appropriation for the State Board of Agriculture to 
be used in the payment of outstanding notes given to secure funds to 
complete new sheep and swine pavilions, repairs to buildings damaged 
by storms, and deficiency in maintenance, repairs and care of the Illinois 
State Pair grounds and buildings thereon 5 

An Act in relation to an inventory of the property of the State of Illinois, 
and for an appropriation to pay the necessary expenses in the enforce- 
ment of the Act 6 

An Act making an appropriation for Illinois State Bee-Keepers' Association 7 

An Act to make an appropriation for the ordinary and contingent expenses 
of the State Board of Health for the fiscal year ending June 30, 1913.. 8 

An Act making an appropriation for the improvement and enlargement of 
the Illinois and Michigan Canal and for the necessary and extraordinary 
expenses thereof 9 

An Act making an appropriation for rebuilding, repairing, equipping and 
furnishing, the bakery building at the Kankakee State Hospital, destroyed 
by fire on April 4, 1913 10 

An Act making appropriations for the ordinary and other expenses of the 
State charitable institutions herein named 10 

An Act making appropriations for the State charitable institutions herein 
named 14 

An Act to provide for a deficiency in the office and other expenses of the 
Chief Inspector of Private Employment Agencies for the fiscal year 
ending June 30, 1913 20 

An Act making an appropriation for the Illinois Dairymen's Association.. 20 

An Act making appropriations for the five State normal schools of Illinois 21 

An Act appropriating to the Trustees of the University of Illinois the 
money granted in an Act of Congress, approved August 30, 1890, entitled, 
"An Act to apply a portion of the proceeds of the public lands to the 
more perfect endowment and support of the colleges for the benefit of 
agriculture and mechanic arts." established under the provisions of an 
Act of Congress, approved July 2, 1862, and the money granted by an 
Act of Congress, approved March 4. 1907, entitled, "An Act making 
appropriations for the Department of Agriculture for the fiscal year 
ending June 30, 1908" 23 

An Act making appropriations for the University of Illinois 24 

An Act to make an appropriation for the representation of the State of 
Illinois at the Panama-Pacific International Exposition to be held at 
San Francisco, California, in the year 1915 24 

An Act to make an appropriation for the benefit, aid and maintenance of 
the Illinois Firemen's Association 25 



IV CONTEXTS. 



Appropriations — Continued. Page. 

An Act making an appropriation for the purpose of rebuilding and pre- 
serving the walls of ancient Ft. Chartres, of preserving and strengthening 
its old powder magazine, and for the purpose of making and creating a 
State park upon the site of this ancient fort •_ • • 26 

An Act making an appropriation to meet the deficiency in the appropriation 
for the payment of expenses for the apprehension and delivery of 
fugitives from justice 27 

An Act making an appropriation to pay the expenses of the committees of 
the 48th General Assembly 28 

An Act making an appropriation to pay the expenses of the committees of 
the Forty-eighth General Assembly 28 

An Act to make an appropriation to pay the Elections Committee expenses 
of the Forty-eighth General ' Assembly 29 

An Act making appropriations for the payment of employees of the Forty- 
eighth General Assembly 36 

An Act making an appropriation for the payment of employees of the 
Forty-eighth General Assembly 37 

An Act to provide for the incidental expenses of the Forty-eighth General 
Assembly of the State of Illinois 37 

An Act to provide for the incidental expenses of the Forty-eighth General 
Assembly of the State of Illinois, to be incurred by the Secretary of 
State, and for the care and custody of the State House and grounds, to 
be incurred and now unprovided for 38 

An Act making an appropriation for the payment of the officers and mem- 
bers of the next General Assembly, and for the salaries of the officers of 
the State government 38 

An Act- to make an appropriation for the expenses of veteran soldiers 
residing in the State of Illinois, who were participants in the battle of 
Gettysburg, July 1. 2, 3, 1863, to enable them to attend the celebration 
of the fiftieth anniversary of that battle, to be held on the battlefield 
at Gettysburg, Pennsylvania, July 1, 2, 3 and 4, A. D. 1913.... 39 

An Act making an appropriation for paying the State's part in building a 
hard road from the southeast corner of the State fair grounds to the 
State Biological Laboratory 41 

An Act making an appropriation from the road fund for the building and 
maintaining of State aid roads in the several counties of the State 41 

An Act making an appropriation from the road fund for the building and 
maintaining of State aid roads in the several counties of the State 42 

An Act making an appropriation for the building and maintaining of 
State aid roads in the several counties of the State 42 

An Act to establish the Mining Investigating Commission of the State of 
Illinois, and prescribing its powers and duties and making an appropria- 
tion therefor 43 

An Act making an appropriation for the necessary expenses to carry out 
the provisions of House Joint Resolution Number 23 45 

An Act making an appropriation for the necessary expenses of the com- 
mission appointed to investigate and inquire into the condition of walls 
in Will county, pursuant to Senate Resolution No. 48 46 

An Act making an appropriation for the necessary expenses of the com- 
mission appointed to investigate the white slave traffic 46 

An Act to provide for a deficiency in office and other expenses of the Com- 
missioners of Labor Statistics for the fiscal year ending June 30. 1913. . 47 

An Act making an appropriation to the Rivers and Lakes Commission of 
Illinois for the purpose of ■widening, raising, strengthening, improving, 
repairing, building and constructing levees in or around certain cities In 
the State of Illinois 48 

An Act making an appropriation to the Rivers and Lakes Commission of 
Illinois, for the purpose of widening, raising, strengthening, improving, 
"repairing, building, and constructing levees in or around the village of 
Naples, Scott county, in the State of Illinois 50 

An Act making an appropriation for the Illinois Live Stock Breeders' 
Association 50 

An Act making an appropriation to provide for a deficiency in the appro- 
priation for the purchase of hogs necessary for producing serum, in- 
cluding labor, feed and all other laboratory work and necessary supplies 51 

An Act making an appropriation for street pavements surrounding the 
appellate court. Fourth District of Mt. Vernon 52 

An Act to provide for the payment of the cost of the paving of the north ■ 
approach to the Illinois river, with vitrified brick, 48 feet in width, from 
the bridge to the headrace, said approach being abutted on each side, 
by property owned and controlled by the State of Illinois, and located 
in the city of Ottawa. Illinois 52 

An Act to provide for the payment of the cost of part of a local improve- 
ment consisting of a sewer in the city of Ottawa, Illinois ; said im- 
provem.ent being made by special assessment 53 

An Act to provide for the payment of the cost of part of a local improve- 
ment of streets in the city of Ottawa, Illinois, by paving: said improve- 
ment being abutted on real property owned and controlled by the State 
of Illinois 53 



CONTENTS. 



Appropriations — Continued. . ' Page. 

An Act for the appointment of commissioners and making an appropriation 
for the construction and erection of a monument in memory of John 
P. Altgeld, in Chicago, Cook county, Illinois 54 

An Act appropriating six hundred dollars for printing the report of the 
lUinois-Andersonville Monument Commission 55 

An Act for the appointment of commissioners and making an appro- 
priation for the construction and erection of a monument in memory 
of a former Governor, Thomas Carlin, at Carrollton, Illinois 56 

An Act to make provision for the erection of a statue of Stephen A. 
Douglas on the Capitol grounds, and to make an appropriation therefor 57 

An Act making an appropriation for the erection of a monument in 
Fort Edwards 57 

An Act making an appropriation for the erection of a monument on the 
battlefield of Kenesaw Mountain, Georgia 58 

An Act to make provision for the erection of a statue of Abraliam Lincoln 
on the Capitol grounds, and to make an appropriation therefor 59 

An Act making an appropriation for the payment of the expenses of the 
Perry's Victory Centennial Celebration Commission of Illinois, and the 
participation of the State of Illinois in the erection of a contemplated 
memorial at Put-In-Bay, Ohio, in commemoration of the victory of 
Commodore Oliver Hazard Perry on Lake Erie, and in the centennial 
celebration thereof, In the State of Illinois 60 

An Act making an appropriation for the making and placing of a bronze 
tablet to the memory of the Illinois soldiers of the war of 1812 in 
Memorial hall at Springfield, Illinois 61 

An Act making an appropriation of the proceeds of the sale of the 
building and lands now owned by the State of Illinois and used for an 
armory by the Second Regiment, Illinois National Guard 62 

An Act appropriating to the Armory Commission the moneys paid into 
the State treasury by the city of Chicago on account of the purchase 
of a tract of land heretofore conveyed to the Armory Commission for 
an armory site for the use of the Eighth Infantry, Illinois National 
Guard 63 

An Act making an appropriation of additional sums for the completion 
of armories now under construction 64 

An Act in relation to procuring of sites and for the erection of armory 
buildings for the use of the Illinois National Guard, and making an 
appropriation therefor and for the purchase of sites and armory build- 
ings at Kewanee, and Morrison, Illinois 65 

An Act to reappropriate the unexpended balance of appropriations made 
by an Act entitled, "An Act in relation to procuring of sites and for 
the erection of armory buildings for the use of the Illinois National 
Guard and Illinois Naval Reserve, and making an appropriation there- 
for," approved June 9, 1911, in force July 1, 1911 67 

An Act to provide for the emergency expenses of the Illinois National 
Guard and the Illinois Naval Reserve incurred in the protection of life 
and property in the flooded territories of the State 67 

An Act to provide appropriation for tlie purpose of defraying the indebted- 
ness incurred on the part of the State in furnishing relief to the people 
living in those sections of the State recently visited by devastating floods 68 

An Act to provide for the ordinary and contingent expenses of the Illinois 
National Guard and Illinois Naval Reserve 68 

An Act to provide for the care, repair, preservation and maintenance of 
uniforms, arms and equipment of the Illinois National Guard and the 
Illinois Naval Reserve 69 

An Act providing for an exhibition and celebration to commemorate the 
fiftieth anniversary of the emancipation of the negro, creating a com- 
mission to conduct same and making an appropriation therefor 70 

An Act making an appropriation for the perpetuation and care of burial 
place of deceased veterans of Civil and other wars 71 

An Act making an appropriation for the building of a new Illinois State 
penitentiary and a new Illinois asylum for the insane criminals and mat- 
ters incidental and pertaining thereto, at or near the city of Joliet. . 72 

An Act making appropriations for the Southern Illinois Penitentiary at 

Chester . 73 

• An Act to make appropriation for ordinary and other expenses of the 

Illinois State Penitentiary ; 74 

An Act to make appropriations for ordinary and other expenses of the 
Illinois State Reformatory at Pontiac 74 

An Act to make an appropriation for the painting of a portrait of former 
Governor Charles S. Deneen 75 

An Act to make an appropriation for the painting of a portrait of former 
Lieutenant Governor John G. Oglesby 76 

An Act making an appropriation for the Illinois State Poultrv Associa- 
tion ". 76 



VI CONTENTS. 



Appropriations — Concluded. . Page. 

An Act making an appropriation to meet the deficiencies in tlie appropria- 
tions to the Board of Commissioners of State Contracts for the purchase 
of printing paper and stationery, for public printing, and for public 
binding under contract by the State of Illinois 77 

An Act making an appropriation for the pa;yment of the amounts awarded 
by the Court of Claims to certain persons named therein ■ 78 

An Act making an appropriation for the relief of William Baker 79 

An Act making an appropriation for the payment of the salary and 
stationery and postage allowance of George B. Boardman, a member of 
the Forty-eighth General Assembly from the Forty-first District seated 
vice Michael F. Hennebry 79 

An Act making an appropriation to cover the unexpended balance of 
moneys heretofore appropriated for the relief of the suffering and desti- 
tute miners and the families and dependents of miners who lost their 
lives in the mine disaster at Cherry, Illinois, which lapsed and was 
covered back into the State treasury by the Board of Administration... 80 

An Act making an appropriation for the payment of the salary and 
stationery and postage allowance of Edwin T. Farrar, a member of the 
Forty-eighth General Assembly, from the twenty-first district, seated 
vice H. W. Harris 82 

An Act appropriating three thousand dollars for the relief of Earl D. 
Fouts of Centralia, Illinois, and providing for the payment of said 
amount out of the State treasury 83 

An Act making an appropriation of the sum of five thousand dollars, to 
reimburse Ben M. Giroux for money expended for the care and treat- 
ment of his son, Frank Robert Giroux, deceased 83 

An Act making an appropriation to Eliza Gest, widow of William H. 
Gest, late circuit court judge of the Fourteenth Judicial Circuit of 
the State of Illinois 84 

An Act making an appropriation for the payment of the salary and sta- 
tionery and postage allowance of Robert R. Jackson, a member of the 
Forty-eighth General Assembly, from the Third District, seated vice 
Henery [Henry] M. Ashton 84 

An Act reappropriating the appropriation made in an Act entitled, "An 
Act for an appropriation for the relief of Berthrol C. B. Jorgensen," 
approved June 5, 1911, in force July 1, 1911 85 

An Act making an appropriation of the sum of five thousand dollars 
($5,000.00) for the payment of damages for injuries suffered by and 
as compensation for the injury to Walter Kaak, to the guardian of 
Walter Kaak 85 

An Act for an appropriation for the relief of Thomas O'Brien 86 

An Act for the relief of Henry Pryor 86 

An Act appropriating six hundred dollars for the relief of M. B. Spaf- 
ford, of Joliet, Illinois, and providing for the payment of said amount 
out of the State treasury 87 

An Act in relation to the adjustment and settlement of suits -and claims 
growing out of the failure of Charles W. Spalding, late treasurer of 
the University of Illinois, to account for certain moneys and securities 
of the said University of Illinois, and making an appropriation to 
carry into effect the provisions of this Act 88 

An Act to make an appropriation to reimburse the United Mine Workers 
of America, District Number Twelve, for moneys advanced County 
Miners' Examining Board of the State of Illinois 89 

An Act making appropriations for deficiency in appropriations for the 
office of Secretary of State up to and including February 1st, A. D. 
1913, and declaring an emergency 90 

An Act making an appropriation to meet a deficiency in appropriations 
for the office of Secretary of State and to provide the necessary funds 
to carry on the business of the State until the first of July, 1913 90 

An Act making an appropriation for the necessary expenses of the com- 
mission appointed to celebrate the centennial anniversary of the State 
of Illinois 91 

An Act to provide for the ordinary and contingent expenses of the State 
Government until the expiration of the fiscal quarter after the ad- 
journment of the next regular session of the General Assembly 95 

An Act to meet a deficiency and making an appropriation to provide 
necessary expenses accrued and to accrue in the office of the Treasurer 
of the State until July 1, 1913 121 

Canals, Lakes and Rivers : 

An Act to amend sections one (1), seven (7), eight (8), nine (9), ten 
(10), fourteen (14), fifteen (15) and eighteen (18) of an Act entitled, 
"An Act creating a rivers and lakes commission for the State of Illi- 
nois, and defining the duties and powers thereof," approved June 10, 
1911, in force July 1, 1911, and to add thereto three new sections to 
be known as sections 26a, 26b and 29 122 



CONTENTS. VII 



Charities : Page. 

An Act to provide for the partial support of motiiers whose husbands 
are dead or have become permanently incapacitated for work by reason 
of physical or mental infirmity, when such mothers have children under 
fourteen years of age, and are citizens of the United States of America 
and residents of the county in which application for relief is made. 
And, also, to provide for the probationary visitation, care and super- 
vision of the family for whose benefit such support is provided 127 

An Act creating the office of State deportation agent for the Board of 
Administration of the State of Illinois, fixing his compensation and 
providing for assistants and fixing tlieir compensation 130 

An Act providing for the creating, locating, constructing and ad- 
ministering of a State colony for the care and treatment of epileptics. . 131 

An Act to enable cities and counties in this State to contribute towards 
erecting, building, maintaining and supporting nonsectarian public 
hospitals located within their respective limits, and to repea? a certain 
Act therein named 135 

Cities^ Towns and Villages : 

An Act to amend sections 1 and 3 of an Act entitled, "An Act to pro- 
vide for annexing and excluding territory to and from cities, towns 
and villages, and to unite cities, towns and villages," approved April 
10, 1872, in force July 1, 1872 135 

An Act to amend sections 1 and 2 of an Act entitled, "An Act to pro- 
vide for the annexation of cities, incorporated towns and villages, or 
parts of the same, to cities, incorporated towns and villages," approved 
and in force April 25, 1889, as amended by an Act entitled, "An Act 
to amend sections 1 and 2 of an Act entitled, 'An Act to provide for 
the annexation of cities, incorporated towns and villages, or parts of 
the same, to cities, incorporated towns and villages,' approved and in 
force April 25, 1889," approved June 5, 1911, in force July 1, 1911 137 

An Act to amend article XII of an Act entitled, "An Act to provide for 
the incorporation of cities and villages," approved April 10, 1872, as 
amended by subsequent Acts and as amended by an Act approved May 
18, 1905, and in force July 1, 1905 140 

An Act to enable cities and villages having a population not to exceed 
Ave hundred thousand (500,000), to establish and maintain public and 
municipal coliseums 142 

An Act to amend section twelve of an Act entitled, "An Act to provide 
for the appointment of a board of fire and police commissioners in all 
cities of this State having a population of not less than seven thousand 
nor more than one hundred thousand and prescribing the powers and 
duties of such board," approved and in force April 2, 1903 145 

An Act to regulate the hours of labor of employees in the fire department 
in cities and villages 146 

An Act to enlarge the power of cities and villages in relation to har- 
bors, canals, slips, wharves, docks, levees, piers, quay walls, break- 
waters and all harbor structures, facilities, connections, improvements 
and utilities constructed or operated in connection therewith and for 
the purpose of carrying out such power to authorize the acquisition 
and condemnation of property and to authorize the use, occupation, 
recovery and acquisition of artificially made or reclaimed lands of the 
State and the reclamation and acquisition of the submerged lands of 
the State, and to repeal an Act entitled, "An Act to enlarge the power 
of cities in relation to harbors, canals, wharves, docks, piers, slips and 
other harbor structures, facilities, improvements and utilities con- 
structed or operated in connection therewith, to authorize the acquisi- 
tion and condemnation of property and the use, occupation, reclama- 
tion and acquisition of the submerged lands of the State in carrying 
out such power, and to repeal all Acts or parts of Acts in conflict 
therewith," approved June 10, 1911, and to repeal all other Acts or 
parts of Acts in conflict therewith 148 

An Act enabling cities to exercise the right of eminent domain for public 
hospital purposes 155 

An Act to amend section (6) of an Act entitled, "An Act to enable cities 
to establish and maintain public hospitals, approved June 17, 1891, in 
force July 1, 1891," as amended by an Act approved June 7, 1911, in 
force July 1, 1911 156 

An Act to enable cities, villages and incorporated towns subject to or 
threatened with overflow or inundation to construct, widen, raise, 
strengthen, improve, repair and maintain levees, protective embank- 
ments and structures, to levy and collect an annual tax therefor and 
to acquire real estate and materials for such purposes 157 

An Act to amend an Act entitled, "An Act concerning local improve- 
ments," approved June 14, 1897, in force July 1, 1897, as amended 
by subsequent Acts 159 

An Act to amend sections 57, 58 and 84 of an Act entitled, "An Act 
concerning local improvements," approved June 14, 1897, in force July 
1, 1897, as amended by subsequent Acts 165 



VIII CONTENTS. 



Cities^ Towns and Villages — Concluded. Page. 

An Act to amend section 33a of an Act entitled, "An Act concerning 
local improvements," approved June 14, 1897, in force July 1, 1897.... 168 

An Act to amend section one of an Act entitled, "An Act to authorize 
cities having- a population of less than 50,000 to establish and main- 
tain by taxation public parks," approved May 13, 1907, in force July 
1, 1907 169 

An Act to amend sections two (2), 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 distribute such fund for the pensioning of dis- 
abled firemen, and the widows and minor children of deceased firemen ; 
to authorize the retirement from service and the pensioning of mem- 
bers of the fiYe department, and for other purposes connected there- 
w^ith, in cities, villages or incorporated towns, whose population ex- 
ceeds fifty thousand inhabitants, having a paid fire department," 
approved J\Iay 13, 1887, in force July 1, 1887, and as amended by an ' 
Act approved March 28, 1889. in force July 1, 1889, and furtljer 
amended by an Act approved June 1, 1907, in force July 1, 1907 170 

An Act to amend section 1 of an Act entitled, "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 inhabit- 
ants," approved June 14, 1909, in force July 1, 1909, and to amend 
the title of said Act 173 

An Act to amend sections 1, 2, 3, 4, 5,' 6, 7, 8, 9 and 10 of an Act 
entitled, "An Act to provide for setting apart, formation and dis- 
bursement of a police pension fund in cities, villages and incorporated 
towns." approved April 29, 1887, in force July 1. 1887, as amended 
by an Act approved April 24, 1899, in force July 1, 1899, as amended 
by an Act approved May 11, 1901. in force July 1, 1901, as amended 
by an Act approved and in force May 16. 1903, as amended by an Act 
approved and in force April 19, 1907, as amended by an Act approved 
June 10, 1911, in force July 1, 1911 174 

An Act to amend section 1 of an Act entitled, "An Act to provide for 
pleasure driveways in incorporated cities, villages and towns," approved 
March 27. 1889 180 

An Act to authorize cities to open streets through parks 181 

An Act to amend sections 1, 6, 7 and 9 of an Act entitled, "An Act to 
enable cities and villages to establish and maintain public tuberculosis 
sanitariums," approved March 7. 1908. in force July 1, 1908 ; as 
amended by an Act approved March 12, 1909, in force March 12, 1909.. 182 

An Act to enable cities, towns and villages organized under any special 
law to regulate, license and control wagons and other vehicles 184 

An Act to amend section 2 of an Act entitled, "An Act relating to the 
civil service in park systems," approved June 10, 1911, in force July 1, 
1911 .• 185 

An Act to amend section 18 of "An Act to regulate the civil service of the 
State of Illinois." approved May 11. 1905. in force July 1, 1905; as 
amended by an Act approved April 19, 1907, in force July 1, 1907 ; as 
amended by an Act approved May 25, 1907, in force July 1, 1907: as 
amended by an Act approved June 10, 1911, in force July 1, 1911.... 186 

Conveyances : • 

An Act to amend sections 12, 18, 19, 20 and 40 of an Act entitled. "An 
Act concerning land titles," approved and in force May 1, 1897, as 
amended by Act approved May 24, 1907, in force July 1, 1907, and 
to further amend said Act, as amended, by adding thereto one addi- 
tional section to be known as section 108a 187 

Corporations : 

An Act to amend sections 1 and 2 of an Act entitled, "An Act in relation 
to corporations organized under special charters not for pecuniary 
profit." approved April 4, 1901. in force from and after its passage... 190 

An Act to amend an Act entitled, "An Act concerning corporations." 
approved April 18, 1872, in force July 1, 1872 ; as amended by Acts 
amendatory thereof, by adding thereto eleven sections to be numbered 
and known as section 46a. section 46b. section 46c, section 46d, section 
46e, section 46f, section 46g, section 46h, section 46i, section 46j, and 
section 46k, respectively 191 

An Act for the formation of corporations for the purpose of constructing, 
maintaining and operating union depots and to repeal "An Act author- 
izing the formation of union depots and stations for railroads in this 
State." approved April 7, 1875. in force July 1. 1875 196 

An Act to provide for the incorporation, management and regulation of 
wage loan corporations and to allow the loaning of money by such cor- 
porations secured by assignment of wages, and limiting the rate of com- 
pensation to be paid 199 



CONTENTS. • IX 



Counties : Page. 

An Act to enable the county boards to appropriate funds for the use of 
soil and crop improvement association [s] of their several counties.... 202 

An Act to amend section 1 of an Act entitled, "An Act to revi.se the law 
in relation to election of county commissioners in Cook county and to fix 
their term of office," approved June 15, 1893, in force July 1, 1893 202 

Courts : 

An Act to provide for and regulate the publication and distribution of the 
decisions of the appellate courts of this State, and to make them official 203 

An Act to create an additional term of circuit court in the counties of 
. Bond and Randolph, and to fix the time of holding the same 207 

An Act to create an additional term of the circuit court in the county of 
Gallatin and to fix the time of holding the same 207 

An Act to amend section 21 of an Act entitled, "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. . . 208 

An Act to amend section twenty-eight (28) 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 209 

An Act to amend section 99 [92] 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 210 

An Act to amend section ninety-eight (98) 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 June 18, 1891 210 

An Act in relation to the Municipal Court of Chicago 212 

An Act in relation to suits and proceedings against receivers appointed 
by any court of the State of Illinois 254 

An Act to fix the compensation of the clerk of the Supreme Court and to 
provide for the payment of the fees of his office into the State treasury 255 

Criminal Code : 

An Act prescribing a color and label for gasoline receptacles 255 

An Act to amend sections 130 and 132 of an Act entitled, "An Act to 
revise the law in relation to criminal jurisprudence," approved March 
27, 1874, in force July 1, 1874 256 

An Act making it a misdemeanor to sell, trade or give away any toy 
pistol so made or constructed that it can be used to shoot blank car- 
tridges ; and to fix the punishment therefor 257 

An Act to amend section 14 of division XIII of an Act entitled, "An 
Act to revise the law in relation to criminal jurisprudence," approved 
March 27, 1874, in force July 1, 1874, as amended by all subsequent 
Acts amendatorj' thereof 258 

Debtor and Creditor : 

An Act to regulate the sale or transfer of goods, wares, merchandise, 
and other chattels in bulk and to provide certain penalties in connec- 
tion therewith 258 

Drainage : 

An Act to amend sections two (2), twelve (12), sixteen (16), seventeen 
(17), seventeen B (17B), seventeen and one-half (17 1-2), twenty-six 
and one-half (26 1-2), thirty-seven (37), forty-four (44), fifty-one 
(51), fifty-nine (59), and sixty- two (62), and to repeal sections fifty- 
two (52), fifty-three (53), and fifty-four (54) 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 ; as amended by an Act 
approved and in force May 29. 1909 260 

An Act to enable adjoining drainage districts to connect their ditches, 
drains, levees, or other w^orks, and to provide for the apportionment of 
the cost of the construction, operation and maintenance of the work 
of a drainage district where lands in an adjoining district are benefited 
thereby, and to repeal an Act therein named 272 

An Act to enable adjoining drainage districts to construct and erect a 
joint pumping station or joint pumping stations, -ditches, levees, or 
other works, to' contract for the proportion of the cost of construction 
and maintenance of the same to be paid by each, and providing for 
the approval of the same 276 



CONTENTS. 



Drainage — Concluded. Page. 

An Act to create the "Kaskaskia Island Sanitary and Levee District," to 
comprise the Island of Kaskaskia in Randolph county, and to provide 
for the construction, reparation and protection of drains, ditches and 
levees for sanitary and agricultural purposes therein, and to punish 
any one impairing any of the work done by the said district 278 

An Act to provide for constructing pumping plants and maintaining 
the same in operation, in drainage and levee districts and special 
drainage districts heretofore or hereafter organized, and to legalize 
and validate former proceedings, assessments, bond issues, indebted- 
ness, and expenditures in regard to, or on account of, the erection, 
maintenance and operation of pumping plants, and to repeal an Act 
therein named 299 

An Act to enlarge the corporate limits of the Sanitary District of 
Chicago 302 

An Act to amend sections 1, 2, 3, 14 and 20 of an Act entitled, "An 
Act to create sanitary districts and to provide for sewage disposal," 
approved June 5, 1911, and in force July 1, 1911, and to further amend 
said Act by repealing sections 17 and 19 thereof 303 

Dram Shops : 

An Act to prohibit the sale of intoxicating liquor within four miles of 
the boundary line or lines of the main campus of any State university 
owned or maintained, in whole or in part, by the State of Illinois, and 
which is endowed by the proceeds of the sale of public lands set apart 
for that purpose by the Act of the Congress of the United States of 
July 2, 1862, entitled, "An Act donating public lands to the several 
states and territories which may provide colleges for the benefit of 
agriculture and the mechanic arts" 306 

Elections : 

An Act to amend sections 71 and 78 of an Act entitled, "An Act in 
regard to elections, and to provide for filling vacancies in elective 
offices," approved April 3, 1872, in for-ce July 1, 1872, and as subse- 
quently amended, and to further amend said Act by adding thereto 
two additional sections to be designated as sections 6a and 130a 307 

An Act to amend section 1 of article V of "An Act to amend 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 18, 1891, in force July 1, 1891," approved April 24, 
1899, in force July 1, 1899, and as subsequently amended 309 

An Act to amend sections one (1), four (4), six (6), eight (8), nine 
(9), ten (10). twenty-seven (27), twenty-eight (28), twenty-nine 
(29), thirty (30). thirty-one (31), thirty-five (35), forty-three (43), 
fifty-one (51), fifty-three (53), fifty-six (56), fifty-seven (57), fifty- 
eight (58), and sixty-two (62) of an Act entitled. "An Act to provide 
for the holding of primary elections by political parties," approved 
March 9, 1910, in force July 1, 1910 ; as amended by an Act approved 
May 27. 1912, in force July 1, 1912 ; and as amended by an Act 
approved and in force March 30, 1912 310 

An Act to amend s°ction 29 of an Act entitled, "An Act to provide for 
the holding of primary elections by political parties," approved March 
9, 1910. in force July 1, 1910, as amended by an Act approved and 
in force March 30, 1912 330 

An Act to amend sections four (4), seven (7), eight (8), and thirteen 
(13) of an Act entitled, "An Act to provide for the holding of primary 
elections by political parties for the nomination of members of the 
General Assembly and the election of senatorial committeemen," ap- 
proved March 9, 1910, in force July 1, 1910 331 

An Act granting women the right to vote for presidential electors and 
certain other officers, and to participate and vote in certain matters 
and elections 333 

Employment : 

An Act to protect chauffeurs in their employment from dust, wind and 
inclement weather 334 

An Act to amend section 1 of an Act entitled, "An Act relating to em- 
ployment offices and agencies," approved and in force May 11, 1903.... 334 

An Act to promote the general welfare of the people of this State by 
providing compensation for accidental injuries or death suffered in 
the course of employment within this State ; providing for the en- 
forcement and administering thereof, and a penalty for its violation, 
and repealing an Act entitled, "An Act to promote the general welfare 
of the people of this State by providing compensation for accidental 
injuries or death suffered in the course of employment," approved 
June 10, 1911, in force May 1, 1912 337 



CONTENTS. . XI 



I 



Employment — Concluded. Page. 

An Act to provide for the licensing of mason contractors and employing 
masons and to regulate the safe and proper construction of buildings. . 356 

An Act in relation to the semi-m.onthly payment of wages and salaries 
by corporations for pecuniary profit, and providing penalty for vio- 
lation of same 358 

An Act to provide for wash rooms in certain employments to protect 
the health of employees and secure public comfort 359 

Fees and Salaries : 

An Act to amend sections three and four of an Act entitled, "An Act 
fixing and providing for the payment of salaries of state's attorneys 
and their assistants, defining their duties, providing for the appoint- 
ment of assistants and to provide for the collection and disposition of 
the fees provided by law to be paid to the state's attorney, and to repeal 
all Acts in confiict herewith," approved June 11, 1912, in force July 1, 
1912, and to amend the title of said Act 360 

An Act to amend and revise section 36 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, 1874, in 
force July 1, 1874, and as amended by Act approved May 24, 1911, 
in force July 1, 1911 361 

Fish and Game : 

An Act' for the conservation of game, wild fowl, birds and fish in the 
State of Illinois, for the appointment of a commission and staff for 
the enforcement thereof, and to repeal certain Acts relating thereto 364 

Forestry : 

An Act to provide for the creation and management of forest preserve 
districts and repealing certain Acts therein named 385 

General Assembly : 

An Act to establish a joint legislative reference bureau and to define 
the powers and duties thereof 391 

Inn-Keepers : 

An Act relating to fire-escapes in hotels, inns and public lodging houses, 
and providing that such buildings shall be equipped with appliances 
for the safety of guests in case of fire and providing penalties for the 
violation of the provisions thereof, and repealing all Acts and parts 
of Acts in confiict therewith 393 

An Act relating to hotels, inns and public lodging houses in cities, 
villages and incorporated towns in the State of Illinois 395 

Insurance : 

An Act to authorize insurance companies, incorporated under special 
charters enacted by the Legislature of Illinois, and empowered to insure 
against loss or damage by fire, lightning, wind, rain, fiood, tornado, or 
by any of said causes, to extend the time of their corporate existence.. 39 7 

An Act to amend section one ( 1 ) of an Act entitled, "An Act to provide 
for the organization and management of fraternal beneficiary societies 
for the purpose of furnishing life indemnity or pecuniary benefits 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 providing 
and fixing the punishment for violation of the provisions thereof and 
to repeal all laws now existing which conflict therewith," approved 
and in force June 22, 1893, as amended by an Act approved June 
21, 1895, in force July 1, 1895, as amended by an Act approved and 
in force May 27, 1897, as amended by an Act approved May 11, 1901, 
in force July 1, 1901, as amended by an Act approved May 23, 
1907, in force July 1, 1907, as amended by an Act approved June 
4, 1909, in force July 1, 1910, as amended by an Act approved May 23, 
1912, in force July 1, 1912 398 

Liens : 

An Act to amend section 1, section 7 and section 21 of "An Act to re- 
vise the law in relation to mechanics' liens, to whom, what for, and 
when lien is given ; who is a contractor ; area covered by and extent 
of lien; when the lien attaches," approved May 18, 1903, in force 
July 1, 1903, L. 1903 400 

Medicine and Surgery : 

An Act entitled, "An Act to provide for the registration of nurses and 
to repeal a certain Act therein named" 404 



XII COXTENTS. 



Mines and Mining : Page. 

An Act to amend sections 1, 2, 3, 5, 6, 10, 11, 14, 16, 18, 19, 20 and 21 
of an Act entitled, 'An Act to revise the laws in relation to coal mines 
and subjects relating thereto, and providing for the health and safety 
of persons employed therein," approved June 6, 1911, in force July 
1, 1911 412 

An Act to promote the safety of persons and property in coal mines by 
regulating the character of permissible explosives sold to be used in 
coal mines 431 

An Act to amend sections 5, 6, 8 and 9 of an Act entitled, "An Act to 
establish and maintain in the coal fields of Illinois mine fire fighting 
and rescue stations," approved March 4, 1910, in force July 1, 1910, 
title as amended by Act approved June 5, 1911, in force July 1, 1911.. 433 

An Act to amend sections 2 and 6 of an Act entitled, 'An Act to require 
fire fighting equipment and other means for the prevention and con- 
trolling of fires and the prevention of loss of life from fires in coal 
mines," approved and in force March 8, 1910, as amended by Act ap- 
proved and in force June 7, 1911 434 

An Act for the purpose of requiring lessee, his, her or their heirs, rep- 
resentatives, successors or assigns to release of record coal and other 
mineral leases, vs^hen forfeited, and providing a penalty for failure, 
refusal or neglect so to do 43 7 

An Act to provide for the safety of persons employed in and about coal 
mines, and to provide for the examinations of persons seeking employ- 
ment therein in order that only competent persons may be employed 
as miners, and to create a board of examiners for this purpose and 
to provide a penalty for the violation of the same, and to repeal an 
Act entitled, "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 providing penalties for the violation of the same,' approved 
June 1, 1908, in force July 1. 1908," approved June 5, 1909, in force 
July 1, 1909 438 

An Act to amend sections 2 and 7 of an Act entitled. "An Act providing 
that operators of mines shall furnish shot firers in mines vphere shooting 
and blasting is done," approved May 18, 1905, in force July 1, 1905, 
as amended by Act approved May 20, 1907, in force July 1. 1907 442 

Oil Inspection : 

An Act to amend section 1 of an Act entitled, "An Act to revise the 
law in relation to oil inspection," approved March 12, 1874, in force 
July 1, 1874, as amended by an Act approved Mav 29, 1911, in force 
July 1, 1911 442 

Parks : 

An Act to enable The Commissioners of Lincoln Park to take, regulate, 
control, improve, locate, extend, diminish, widen, straighten and otherwise 
deal with the public street or boulevard known and to be known as 
Sheridan Road, now under the control of incorporated cities, towns, vil- 
lages, park districts, townships and counties, which leads from Lincoln 
Park, a public park in the city of Chicago, to the northern boundary 
of the State of Illinois and to provide for the power of eminent domain 
"to carry out the authority herein granted and to provide the method of 
securing funds for the improvement and maintenance of said road 443 

An Act entitled. An Act to provide for the setting apart, formation, 
administration and disbursement of a park police pension fund 446 

An Act to amend section 2 of an Act entitled, "An Act in relation to 
the acquisition, control, maintenance, improvements and protection of 
State parks, and making an appropriation to carry into effect the pro- 
visions of this Act," approved June 10, 1911, in force July 1, 1911 453 

Penitentiaries : 

An Act to amend section 14 of an Act entitled, "An Act to locate, con- 
struct, and carry on the Southern Illinois penitentiary," approved May 
24, 1877, in force July 1, 1877, as amended by an Act approved and in 
force April 5, 1879. and as amended by an Act approved June 29, 1885, 
in force July 1, 1885 454 

Public Utilities : 

An Act entitled, "An Act to authorize cities to acquire, construct, own, 
and to lease or operate public utilities and to provide the means 

therefor" • 455 

An Act to provide for the regulation of public utilities 460 



CONTENTS. XIII 



Railroads : Page. 

An Act in relation to the equipment of locomotive engines with head- 
lights and providing penalty for violation of same 506 

An Act to amend section 5 of an Act entitled, "An Act to provide for 
the incorporation of associations that may be organized for the pur- 
pose of constructing railways, maintaining and operating the same ; 
for prescribing and defining the duties and limiting the powers of 
such corporations when so organized ; and authorizing the same and 
all railroad companies of this State to own and hold the stock and 
securities of railroad companies of other states owning connecting 
lines," as amended by Act approved June 2, 1891, in force July 1, 
1891, by providing for the extension of the term thereof; as amended 
by Act approved June 7, 1911, in force July 1, 1911 507 

An Act to amend section 1 of an Act entitled, "An Act to establish and 
regulate the maximum rate of charges for the transportation of pas- 
sengers by corporations or companies operating or controlling railroads 
in part or in whole in this State, and to provide penalties for the 
violation of the provisions thereof, and repealing all Acts and parts 
of Acts in conflict herewith," approved May 27, 1907, in force July 
1, 1907 508 

An Act to amend sections 1, 3 and 4 of an Act entitled, "An Act pro- 
viding for the inspection of equipment and operation of safety appli- 
ances on railroads engaged in moving traffic between points in the 
State of Illinois" 508 

Revenue : 

An Act to amend section 3 of an Act entitled, "An Act for the assess- 
ment of property and providing the means therefor and to repeal a 
certain Act therein named," approved February 25, 1898, in force 
July 1, 1898 509 

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 
June 16, 1909, in force July 1, 1909 511 

An Act to provide for the necessary revenue for State purposes 512 

An Act to amend sections 11, 12, 16 and 17 of an Act entitled, "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," approved June 14, 1909, 
in force July 1, 1909, and to repeal section 18 of said Act 513 

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, as amended by an Act approved June 14, 1909, in force July 1, 
1909 517 

An Act to amend section 216 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 subsequent Acts.. 519 

Roads and Bridges : 

An Act to revise the law in relation to roads and bridges 521 

An Act entitled, "An Act to . authorize the employment of convicts and 
prisoners in the penal and reformatory institutions of the State of 
Illinois in the preparation of road building materials and in working 
on the public roads" 581 

Schools : 

An Act to amend an Act entitled, "An Act to establish and maintain a 
system of free schools." approved and in force June 12, 1909 582 

An Act to provide for the contribution from public moneys to the public 
school employees' pension fund in cities having a population exceeding 
one hundred thovisand inhabitants 583 

An Act to amend section 91 of an Act entitled. "An Act to establish 
and maintain a system of free schools," approved and in force June 
12. 1909 583 

An Act to provide high school privileges for graduates of the eighth grade 584 

An Act to amend section 189 of an Act entitled, "An Act to establish 
and maintain a system of free schools." approved and in force June 
12. 1909 584 

An Act to provide for the certification of teachers 586 

An Act to amend section 1 of an Act entitled. "An Act to provide for 
the contribution from public moneys to the public school teachers' 
pension and retirement fund in cities having a population exceeding 
one hundred thousand (100,000) inhabitants," approved June 5, 1911, 
in force July 1, 1911 593 



XIV CONTENTS. 



Schools — Concluded. Page. 

An Act to amend sections 152, 155, 156a. 156b and 157 of an- Act 
entitled, "An Act to establish and maintain a system of free schools," 
approved and in force June 12, 1909, as amended by Act approved 
June 2, 1911, in force July 1, 1911 ; as amended by Acts approved 
June 5, 1911, in force July 1, 1911 ; and as amended by Acts approved 
June 6, 1911, in force July 1, 1911 594 

An Act to enable any board of school inspectors, or any body or board of 
officials, which governs, or has charge of the affairs of any school 
district having a population of not fewer than 10,000 and not more 
than 100,000 inhabitants, and governed by special Acts of the General 
Assembly of this State and in such other districts as may hereafter be 
ascertained by any special or general census to have such population 
and which school districts are also governed by like special Acts, to 
establish and maintain a teachers' pension and retirement fund 598 

State Lands : 

An Act entitled, "An Act providing for the sale and conveyance of all 
the right, title and interest of the State of Illinois in and to certain 
lands in the city of Chicago, purchased by the State for an armory 
site for the Eighth Infantry, Illinois National Guard" 603 

Statutes : 

An Act to amend section 1 of an Act entitled, "An Act to revise the 
law in relation to the construction of the statutes," approved March 5, 
1874, in force July 1, 1874 605 

Township Organization : 

An Act to amend an Act entitled, "An Act to amend section 1 of article 
3 of an Act entitled, 'An Act to revise the law in relation to township 
organization,' approved and in force March 4, 1874," approved and 
in force May 14, 1893 607 

Warrants : 

An Act to provide for the manner of issuing warrants upon the Treasurer 
of the State or of any county, township, city, village or other municipal 
corporation and jurors' certificates 608 

Weights and Measures : 

An Act to revise the law in relation to weights and measures 609 

Joint Resolutions : 

Address of Hon. W. J. Bryan — invitation, joint committee, etc 615 

Addresses of Count Von Bernstorff and Hon. Joseph W. Bailey — joint 

committee 615 

Adjournment — February 4 to February 11 616 

February 13 to February 18 616 

February 20 to February 26 616 

February 27 to March 12 616 

March 13 to March 18 616 

March 20 to March 25 616 

March 27 to April 2 617 

April 4 to April 8 617 

April 11 to April 16 617 

April 18 to April 22 617 

April 25 to April 29 617 

May 2 to May 6 617 

May 9 to May 13 618 

May 16 to May 20 618 

May 23 to May 27 618 

May 29 to June 3 618 

Sine die 618 

Biological Laboratory — visitation 619 

Canvass of Election Returns — joint assembly 619 

Centennial Anniversary of Admission of State — appointment of commission 619 

Commission enlarged 619 

Death of George Bartell 620 

Death of Messrs. A. E. Iverson, H. T. Gauer and R. J. Carroll 620 

Douglas Centennial Addresses — joint committee 620 

Douglas Centennial Exercises — thanks extended to participants 621 

Gettysburg Semi-Centennial Celebration — joint commission 621 

Inauguration of State Officers — joint assembly 622 

Joint committee 622 

Investigations — departments of State government 622 

Home finding institutions 623 

Insurance commission perpetuated 624 

Locking I. and M. Canal with Sanitary District Canal, etc 625 

Retaining walls in Will county 625 

Unemployment of State 626 

Voting machines in Chicago 627 



CONTENTS. XV 



Joint Resolutions — Concluded. Page. 

Massacre of Christians in Albania 639 

Memorial to Congress — marriage and divorce amendment to Federal Con- 
stitution 640 

Polygamy amendment to Federal Constitution 640 

Monument to Thomas Jefferson at St. Louis, Mo. — joint committee 641 

Panama-Pacific Exposition Claims — .joint assembly 641 

Perry's Victory Centennial — commission enlarged 641 

Picture of Rev. D. L. Crovi^e— preservation at Starved Rock State Park... 641 

Sympathy Extended to Greek People 642 

Thanks Extended to Hon. Morton D. Hull and William E. Jones 642 

Tornado Sufferers at Omaha, Neb., and Vicinity 643 

United States Senator — amendment to Federal Constitution ratified 643 

Election by General Assembly 644 

University of Illinois — visitation 644 

Certificate of Secretary op State 645 

Index of Laws and Resolutions 647 



LAWS OF ILLINOIS. 



ADMINISTEATION OF ESTATES. 



COMPENSATION OF TEUSTEES. 

§ 1 . Amends section 1, Act of 1891. § 1 . As amended, adds provision cover- 

ing exception in regard to trusts 
for charitable, religious or educa- 
tional purposes. 

(House Bill No. 757. Approved June 26, 1913.) 

An Act to amend an Act entitled, "An Act concerning compensation of 
trustees," approved June 17, 1891, in force July 1, 1891. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That section 1 of an Act entitled, 
"An Act concerning compensation of trustees/' approved June 17, 1891, 
in force July 1, 1891, be amended so as to read as follows: 

§ 1. That where a trustee or trustees shall hereafter act under any 
power or appointment given or created by any will, testament or codicil, 
and in such will, testament or codicil, except in case of trusts for char- 
itable, religious or educational purposes, shall be contained no provision 
respecting the compensation to be allowed or paid such trustee or 
trustees, a reasonable compensation may be charged and allowed, de- 
manded and collected therefor. The exception in this Act, in regard 
to trusts for charitable, religious or educational purposes, is intended 
to apply only to trustees "of charitable, religious or educational institu- 
tions and not to the trustees created by any will, testament or codicil. 
The county court of the county where the will was admitted to probate 
or the circuit court of such county, in case such court shall take juris- 
diction of a trust estate, may allow a reasonable fee to such trustee or 
trustees so created by will, testament or codicil where compensation is 
not expressly forbidden by the terms of the will, testament or codicil." 

Approved June 26, 1913. 



ADMINISTEATION OP ESTATES. 



LETTEKS OF ADMINISTRATION — PRESUMPTION OF DEATH. 



§ 1 . Amends sections 20 and 20a, Act of 1872. 

§ 20. As amended, affidavit shall state 
name and address of all persons 
in control of property of alleged 
decedent. 



§ 20a. As amended, copy of published 
notice to be mailed to alleged 
deceaent at last known address, 
etc. 



(House Bill No. 65. Approved June 21, 1913.) 

An Act to amend sections tiventy and twenty a (20a) of "An Act in 

regard to the administration of estates," -approved April 1, 1872, iit 

force July 1, 1872, as amended. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That sections twenty and twenty a 
(20a) of an Act entitled, "An Act in regard to the administration of 
estates/' approved April 1, 1872, in force July 1, 1872 as amended, be 
amended to read as follows : 

§ 20. Before letters of administration shall hereafter be issued, the 
person applying for the same, or some other credible person, shall make 
and file an affidavit with the proper clerk, setting forth as near as may 
be the date of death of the deceased, or facts and circumstances raising 
the legal presumption of such death intestate, the probable amount or 
value of the personal estate and the names of the heirs, widow or surviv- 
ing husband, if known. When letters are sought on the presumption of 
death, the affidavit shall, also, state the name and post office address of 
each person, officer or corporation in possession or control of any of the 
property of the alleged decedent, so far as known to the applicant. 

§ 20a. When letters are sought on the presumption of death, the 
court shall set the application for hearing and the clerk shall cause to be 
published in a newspaper as defined by law, for at least four succes- 
sive weeks, a notice of such application and of the time and place of 
the hearing thereof. The first publication of such notice shall be at 
least thirty days prior to the date fixed for the hearing and a copy of 
the notice shall, within ten days after the first publication of the same, 
be mailed by the clerk, addressed to the person on whose estate letters 
are sought, at his last known address as shown by the affidavit, required 
by section 20 of this Act, and to each person, officer or corporation in 
possession or control of property of the alleged decedent, as shown by 
the application or affidavit. At the hearing the allegations shall be 
established by competent proof, and any person interested or any person 
in possession or control of the property sought to be administered, or 
a;iy part thereof, may appear and resist the application. 

Approved June 21, 1913. 



AGRICULTURE AND HORTICULTURE. 



AGEICULTUEE AND HORTICULTURE. 



APPROPRIATIONS TO COUNTY EAIl^S AND SOCIETIES — BASIS OF 
DISTRIBUTION. 

1. Amends section 7, Act of 1883. I §7. As amended, changes basis of dis- 

I tribution. 

(House Bill No. 361. Approved June 27, 1913.) 

An Act to amend section seven of an Act entitled, "An Act to revisei 

the law in relation to the Department of Agriculture, agricultural 

societies and agricultural fairs, and to provide for reports of the 

same," approved June 23, 1883, in force July 1,1883, as amended hy 

Act approved May 29, 1911, in force July 1, 1911. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That section seven of an Act 
entitled, "An Act to revise the law in relation to the Department of 
Agriculture^ agricultural societies and agi-icultural fairs, and to provide 
for reports of the same,^^ approved June 23, 1883, in force July 1, 1883, 
as amended by Act approved May 39, 1911, in force July 1, 1911, be 
and the same is hereby amended so as to read as follows: 

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

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

Said appropriations shall be divided between such county fairs or 
agricultural societies which shall have complied with the conditions 
herein prescribed, as follows: To each of said county fairs or agri- 
cultural societies upon the following basis : • 

First — Sixty per cent of the first one thousand dollars ($1,000) ; 

Second — Fifty per cent on the second one thousand dollars ($1,000) ; 

Third — Forty per cent on the next two thousand dollars ($8,000) ; 
and 

Fourth — Thirty per cent on all in excess of four thousand dollars 
($4,000) of the total amount of premiums paid at its annual fair for 
the current year, for exhibits of horticulture, agriculture, poultry, live 
stock and domestic and mechanical arts : Provided, that if the amount 
appropriated by the General Assembly for the payment of the respective 
premiums shall be insufficient to pay the several amounts in full, then 
the sum shall be pro rated amongst all the fairs entitled thereto. 



AGRICULTUKE AND HOKTICULTURE. 



On or before the fifteenth of November of each year the president and 
secretary of each county fair or agricultural society claiming the bene- 
fit of any such appropriation shall file with the secretary of the State 
Board of Agriculture a sworn statement of the actual amount of cash 
premiums paid at the fair of the current season, which must correspond 
with the published offer of premiums and a further sworn statement 
that at such fair all gambling and gambling devices of whatsoever kind 
and the sale of intoxicating liquors have been prohibited and excluded 
from the grounds of such county fair or agricultural society and all 
adjacent grounds under their authority or control. Such statement 
shall be accompanied by an itemized list of all premiums paid upon 
the basis of the premiums herein provided and a copy of the published 
premium list of such fair and a full statement of receipts and ex- 
penditures for the current year duly verified by the secretary of such 
fair or agricultural society. Such money shall be paid to the treasurer 
of the county fair or agricultural .society upon his receipt countersigned 
by the secretary. 

Appeoved June 27, 1913. 



STATE BOARD LAND FOR FAIR GROUND PURPOSES. 

§ 1 . Acquisition of land authorized — power of eminent domain conferred. 
(Senate Bill No. 275. Appeoved June 26,' 1913.) 

An Act conferrmg upon the State Board of Agriculture the power to 

condemn and take real estate through the exercise of the right of 

eminent domain. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the State Board of Agri- 
culture created a body corporate under and by the name of "State 
Board of Agriculture" by virtue of an Act entitled, "An Act to revise 
the law in relation to the Department of Agriculture, agricultural 
societies and agricultural fairs and to provide for reports of the same," 
approved June 23, 1883, and in force July 1, 1883, be and the same is 
hereby empowered to acquire title to any land or lands for State fair 
ground purposes which may be desired or required by the State Board 
of Agriculture for State fair ground purposes : Provided, that such 
additional land or lands shall be contiguous, or adjoining a public road, 
highway or street contiguous to land used as and for State fair ground 
purposes and for which the State Board of Agriculture shall be unable 
to agree with the owner or owners for the purchase thereof, in the 
manner that may be now or hereafter provided for by 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 any Act or Acts 
amendatory thereto. 

Approved June 26, 1913. 



APPEOPRIATIONS. 



APPROPRIATIOISrS. 



AGRICULTURE^ — COUNTY FAIRS AND SOCIETIES. 

§ 1. Appropriates $85,000 per annum— distribu- I §2. How drawn, 
tion under Act of 1883. | 

(House Bill No. 362. Approved June 19, 1913.) 

An Act making an 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 eighty-five thousand 
dollars ($85,000) per annum, or so much thereof as may be necessary, 
be and the same is hereby appropriated to county fairs or other agri- 
cultural societies of the State of Illinois, said appropriations 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 all 
Acts amendatory of said section. 

§ 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 which 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 19, 1913. 



AGRICULTURE — STATE BOARD, NOTES OUTSTANDING. 
§ 1. Appropriates $85,000 to pay outstanding notes. 

(House Bill No. 257. Approved June 21, 1913.) 

An Act malcing an appropriation for the State Board of Agriculture to 
be used in the payment of outstanding notes given to secure funds 
to complete new sheep and swine pavilions, repairs to buildings 
damaged by storms; and deficiency in maintenance, repairs and care 
of the Illinois State Fair grounds and buildings thereon. 
Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of eighty-five thousand 
dollars ($85,000) out of the State treasury, not otherwise appropriated, 
be and the same is hereby appropriated to the State Board of Agri- 
culture, to be used in the payment of outstanding notes aggregating that 



APPEOPEIATIONS. 



amount, said eighty- five tlioiisand dollars ($85,000) having been secured 
to pay the cost of completing the new sheep and swine pavilions, repairs 
to buildings damaged by storms, and deficiency in maintenance, repairs 
and care of the Illinois State Fair grounds and buildings thereon. 
Appeoved June 31, 1913. 



AUDITOR INVENTORY OF STATE PROPERTY. 

§ 3 . Penalty for violation. 



§ 4. Appropriates S6,000. 



§ 1 . Inventory of all State property by Sept. 1, 
1913 — exception — contents — annual state- 
ment. 

§ 2. Statement of acquisition or disposition of 
property. " 

(Senate Bill No. 630. Approved June 23, 1913.) 

An Act in relation to an inventory of the property of the State of Illi- 
nois, and for an appropriation to pay the necessary expenses in the 
enforcement of the Act. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be the duty of every 
officer, board, commission, department and institution of the State 
government, excepting the Board of Administration and the Charities 
Commission, on or before the first day of September, A. D. 1913, to file 
in the office of the Auditor of Public Accounts an inventory of all the 
property, both real and personal, belonging to the State of Illinois and 
under the charge, care, management, custody or control of said officer, 
board, commission, department and institution of the State government, 
respectively. 

Such inventory shall contain a true and correct legal description of 
the real estate under the care, custody or control of such officer, board, 
commission, department and institution, and shall contain a true and 
correct description of all the buildings and other improvements situated 
on such real estate, together with a statement as to the value of such 
real estate and improvements. 

Such inventory as to personal • property shall contain an ■ itemized 
statement of all the personal property under the care, custody, control 
and management of such officer, board, commission, department and 
institution, respectively, together with the value of the same. On or 
before the first day of September of each succeeding year, a like inven- 
tory shall be filed in the office of the Auditor of Public Accounts. 

§ 2. In case other or additional property, either real or personal, 
should at any time after the making and filing of such inventory, be 
purchased or otherwise come into the care, custody, control or manage- 
ment of such officer, board, commission, department and institution, 
respectively, or in case any property so inventoried should be sold, ex- 
changed, destroyed or otherwise disposed of after the making and filing 
of such inventory, a statement shall, within ten days after the acqui- 
sition, destruction or disposition of such property, be filed in the office 



APPROPRIATIONS. 



of the Auditor of Public Accounts, containing a list of the property so 
acquired, destroyed or disposed of, together with a statement as to the 
value of the same. 

§ 3. Any officer, board, commission, department or institution of 
the State government who shall wilfully fail, or neglect to make and 
file the inventory herein prescribed, shall be deemed guilty of a mis- 
demeanor and, upon conviction, shall be punished by a fine in any sum 
not exceeding $500. 

§ 4. There is hereby appropriated to the Auditor of Public Ac- 
counts the sum of six thousand five hundred dollars ($6,500.00) to pay 
the expenses connected with the making, filing and keeping a record of 
the inventories filed under the provisions of this Act, and the Auditor 
of Public Accounts is hereby authorized and directed to draw his war- 
rant on the State treasury upon proper vouchers certified by the Gov- 
ernor's institution auditor and approved by the Governor. 

Approved June 23, 1913. 



BEE-KEEPERS ASSOCIATION. 



Preamble. 

§ 1. Appropriates $1,000 per annum— proviso. 



[§ 2 .] How drawn. 
§ 3 . Annual report to Governor. 



(Senate Bill No. 181. Approved May 27, 1913.) 

An Act making an appropnation for Illinois State Bee-Keepers' 

Association. 

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

Whereas^ The importance of the industry to the farmers and fruit 
growers of the State warrants the expenditure of a reasonable sum for 
the holding of annual meetings, the publication of reports and papers 
containing practical information concerning bee-keeping; therefor 
[therefore] to sustain the same and enable this organization to defray 
the expenses of annal [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 appro- 
priated for the use of the Illinois State Bee-Keepers' Association the 
sum of one thousand dollars ($1,000) per annum for the years 1913 and 
1914. For the purjjose of advancing the growth and developing the 
interests of the Bee-Keepers of Illinois, said sum to be expended under the 
direction of the Illinois State Bee-Keepers' Association for the purpose 
of paying the expenses of holding annual meetings, publishing the pro- 
ceedings of said meetings, suppressing foul brood among bees in Illi- 
nois, etc. : Provided, however, that no officer or officers of the Illinois 
State Bee-Keepers' Association shall be entitled to receive anv monev 
compensation whatever for the same, out of this fund. 



APPEOPKIATIONS. 



[§ 2.] That on the order of the president, countersigned by the 
secretary of the Illinois State Bee-Keepers' Association and approved 
by the Governor, the Auditor of Public Accounts shall draw his warrant 
on the treasury [Treasurer] of the State of Illinois in favor of the 
treasurer of the Illinois State Bee-Keepers' Association for the sum 
herein appropriated. 

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

Approved May 27, 1913. . 



BOARD OF HEALTH — PROVISIONAL. 

§ 1 . Appropriates 518,000 for piirposes named. I § 3 . Emergency. 
2 . How drawn. | 

(Senate Bill No. 196. Approved May 9, 1913.) 

An Act to make mi appropriation for the ordinary and contingent ex- 
penses of the State Board of Health for the fiscal year ending June 30, 
1913. 

Section 1. Be enacted by the People of the State of Illinois, rep^ 
resented' in the General Assembly: That the sum of six thousand dol- 
lars ($6,000) or as much thereof as may be necessary, be and is hereby 
appropriated to the State Board of Health, to be used only with the con- 
sent and concurrence of the Governor, on the recommendation and advice 
of the board, in case of an outbreak or threatened outbreak of any epi- 
demic or malignant disease, to defray the expenses of preventing the in- 
troduction of such diseases, or their spread from place to place within 
the State. 

• Also the sum of seven thousand dollars ($7,000) for the free distribu- 
■ tion of anti-diphtheric serum throughout the State as a preventive 
against the spread of diphtheria. 

Also the sum of four thousand five hundred dollars ($4,500) or as 
much thereof as may be necessary, to be expended in the enforcement of 
■'An Act to regulate the practice of medicine in the State of Illinois,*" 
approved i^pril 24, 1899, as amended by Acts approved June 4, 1907, 
and January 25, 1908. 

Also the sum of five hundred dollars ($500), or as much thereof a.s 
may be necessary, to be expended in the enforcement of "An Act pro- 
viding for the regulation of the embalming and disposal of dead bodies, 
for a system of examination, registration and licensing of embalmers, 
and imposing penalties for the violation of any of its provisions," ap- 
proved May 13, 1905. 



APPROPRIATIONS. 



§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the sums 
herein specified upon the presentation of the proper voucher certified to 
as correct by said board, and the State Treasurer shall pay the same out 
of any funds in the State treasury not otherwise annropriated. 

§ 3. Whereas, Said sums of money are immediately required, there- 
fore, an emergency exists, and this Act shall take effect and be in force 
from and after its passage. 



Approved May 9, 1913. 



CANAL commissioners MAINTENANCE AND IMPROVEMENTS. 

§ 1 . Appropriates $50,000. I § 3 . Accounts kept— annual report. 

§ 2. How drawn. | 

(House Bill No. 254. Filed Jitly 12, 1913.) 

An Act making an appropriation for the improvement and enlargement 

of the Illinois and Michigan Canal and for the necessary and extra^ 

ordinary expenses thereof. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That for the purpose of providing 
means for enlarging and improving the Illinois and Michigan Canal and 
maintaining the same in a navigable condition, there is hereby appro- 
priated the sum of fifty thousand dollars ($50,000). 
. § 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the State Treasurer for the sum 
herein appropriated, upon proper voucher duly certified to by the 
treasurer of The Canal Commissioners and approved by the Governor, and 
the State Treasurer shall pay the same out of any fund in the State 
treasury not otherwise appropriated. 

§ 3. The said The Canal Commissioners shall keep an accurate 
account of the amount so received by them, together with their dis- 
bursements and expenditures thereof, showing for what and in what 
manner said sums were expended, which said account shall accompany 
their annual report to the Governor and be made a part thereof. 

Filed July 13, 1913. 

The Governor having failed to return this bill to the General Assembly during its session, and having 
failed to file it in my offl?e, with his objections, within ten days after the adjournment of the General 
Assembly, it has thereby become a law. 

Witness my hand this 12th day of July, A. D. 1913. 

Harry Woods, Secretary of Stale. 



10 APPROPRIATIONS. 



CHARITABLE — KANKAKEE HOSPITAL, BAKERY BUILDING. 
§1. Appropriates! S15,000. I §3. Emergency. 

§ 2 . How drawn. | 

(House Bill No. 409. i\ppROVED June 21, 1913.) 

An Act making an appropriation for rebuilding, repairing, equipping 

and furnishing, the haJcery huilding at' the Kankakee State Hospital, 

destroyed hy fire on April J/-, 1913. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and is hereby appro- 
priated to the Board of Administration for rebuilding, repairing, 
equipping and furnishing, the bakery building at the Kankakee State 
Hospital, destroyed by fire on April 4, 1913, the sum of fifteen thousand 
dollars ($15,000), or so much thereof as may be necessary for the pur- 
poses specified in this Act. 

§ 2. The money appropriated shall be due and payable to the Board 
of Administration, or to its order, only on the terms and in the manner 
provided in "An Act to revise the laws relating to charities," approved 
June 11, 1912. 

§ 3. Whereas, The appropriation hereinbefore provided is abso- 
lutely necessary to restore the institution to operative efficiency at the 
earliest possible time, therefore an emergency exists, and this Act shall 
take effect and be in force from and after its passage. 

Approved June 21, 1913. 



charitable — state institutions, ordinary 

Preamble. 



§ 1 . Appropriates S3, 713,495.03 for first year and 
$4,191,142.39 for second year for ordinary 
expenses. 



§ 2. Appropriates S50,000 per anniom for Indus- 
trial Home for Blind, Cnicago, in lieu of 
collections. 



§ 3 . How drawn. 
(House Bill No. 124. Approved June 24, 1913.) 

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

Whereas, Section 14 of "An Act to revise the laws relating to 
charities," approved June 11, 1912, in force July 1, 1912, provides that 
it is the duty of the Board of Administration, with the approval of the 
Governor, to present the needs of the several institutions under the care 
of said board to the Legislature, and it is, under said Act, the further 
duty of the fiscal supervisor and all other members of the Board of Ad- 
ministration, to present to the Legislature and to the G-overnor all such 
information regarding appropriations asked for as may be required; and 

Whereas, All the ordinary or maintenance appropriations for such 
institutions shall be made to the Board of Administration to be used 
for the several institutions according to their varying needs; and 



APPROPRIATIONS. 11 



Whereas, The Board of Administration has presented the needs of 
the several institutions hereinafter named for the ordinary or main- 
tenance appropriations for the two years heginning July 1, 1913, as 
follows : 

ELGIN STATE HOSPITAL. 

For For 

First Year. Second Year. 

For ordinary operating expenses. $256,093.92 $276,677.40 

For ordinary repairs and improvements. . 35,000.00 35,000.00 
For ordinary care and improvement of 

grounds 2,000.00 2,000.00 

KANKAKEE STATE HOSPITAL. 

For ordinary operating expenses 445,570.00 512,089.00 

For ordinary repairs and improvements. . 64,000.00 64,000.00 
For ordinary care and improvement of 

grounds ." 2,500.00 2,500.00 

PSYCHOPATHIC INSTITUTE, KANKAKEE. 

For ordinary operating expenses 17,300.00 17,300.00 

JACKSONVILLE STATE HOSPITAL. 

For ordinary operating expenses 242,613.60 283,972.50 

For ordinary repairs and improvements. . 25,000.00 25,000.00 
For ordinary care and improvement of 

grounds 2,000.00 2,000.00 

ANNA STATE HOSPITAL. 

For ordinary operating expenses 250,846.00 294,508.00 

For ordinary repairs and improvements.. 25,000.00 25,000.00 
For ordinary care and improvement of 

grounds 2,000.00 2,000.00 

WATERTOWN STATE HOSPITAL. 

For ordinary operating expenses. ., 196,013.51 237,882.69 

For ordinary repairs and improvements. . 20,000.00 20,000.00 
For ordinary care and improvement of 

grounds 2,000.00 2,000.00 

PEORIA STATE HOSPITAL. 

For ordinary operating expenses 392,506.20 412,595.10 

For ordinary repairs and improvements. . 35,000.00 35,000.00 
For ordinary care and improvement of 

grounds .' 7,500.00 7,500.00 



12 APPROPRIATIONS. 



CHESTER STATE HOSPITAL. 

For For 

First Year. Second Year. 

For ordinary operating expenses. $ 43,516.00 $ 45,408.00 

For ordinary repairs and improvements. . 3,300.00 3,200.00 
For ordinary care and improvement of 

grounds 500.00 500.00 



CHICAGO STATE HOSPITAL. 

For ordinary operating expenses 478,620.00 487,620.00 

For ordinary repairs and improvements. . 55,000.00 55,000.00 
For ordinary care and improvement of 

grounds '. 2,500.00 2,500.00 



LINCOLN STATE SCHOOL AND COLONY. 

For ordinary operating expenses 172,930.00 269,792.00 

For ordinary repairs and improvements. . 30,000.00 30,000.00 
For ordinary care and improvement of 

grounds 2,000.00 2,000.00 



THE ILLINOIS SCHOOL FOR THE DEAF. 

For ordinary operating expenses 119,956.40 133,05(0.60 

For ordinary repairs and improvements. . 8,000.00 8,000.00 
For ordinary care and improvement of 

grounds 1,000.00 1,000.00 



THE ILLINOIS SCHOOL FOR THE BLIND. 

For ordinary operating expenses 68,363.40 68,363.40 

For ordinary repairs and improvements . . 3,500.00 3,500.00 
For ordinary care and improvement of " 

grounds 500.00 500.00 



THE ILLINOIS INDUSTRIAL HOME FOR THE BLIND. 

For ordinary operating expenses 29,644.00 29,644.00 

For ordinary repairs and improvements. . 1,000.00 1,000.00 
For ordinary care and improvement of 

grounds 100.00 100.00 

For ordinary repairs and improvement of 

factory 1,500.00 1,500.00 



APPROPRIATIONS. 13 



THE ILLINOIS SOLDIERS AND SAILORS HOME. 

For For 

First Year. Second Year. 

For ordinary operating expenses $318,652.00 $215,528.40 

For ordinary repairs and improvements.. 24,000.00 20,000.00 
For ordinary care and improvement of 

grounds .• 2,000.00 2,000.00 



THE SOLDIERS WIDOWS HOME OF ILLINOIS. 

For ordinary operating expenses 45,332.50 45,332.50 

For ordinary repairs and improvements. . 2,250.00 2,250,00 
For ordinary care and improvement of 

grounds 1,000.00 1,000.00 



THE ILLINOIS SOLDIERS ORPHANS HOME. 

For ordinary operating expenses 72,101.50 85,890.80 

For ordinary repairs and improvements.. 7,000.00 4,000.00 
For ordinary care and improvement of 

grounds 600.00 600.00 



THE ILLINOIS CHARITABLE EYE AND EAR INFIRMARY. 

For ordinary operating expenses 47,252.00 53,752.00 

For ordinary repairs and improvements. . 4,500.00 4,500.00 



THE STATE TRAINING SCHOOL FOR GIRLS. 

For ordinary operating expenses 81,930.00 116,930.00 

For ordinary repairs and improvements.. 11,000.00 11,000.00 
For ordinary care and improvement of 

grounds 2,500.00 2,500.00 



THE ST. CHARLES SCHOOL FOR BOYS. 

For ordinary operating expenses 140,104.00 217,656,00 

For ordinary repairs and improvements. . 7,000.00 7,000.00 
For ordinary care and improvement of 

grounds 1,500.00 1,500.00 

Section 1. Now, therefore, he it enacted hy the People of the State 
of Illinois, represented in the General Assembly: That there be and is 
hereby appropriated to the Board of Administration for the purpose of 
defraying the ordinary and other expenses of the State charitable insti- 
tutions under the control of said board, for the two years beginning July 



14 APPROPRIATIONS. 



1, 1913, and until the expiration of the first fiscal quarter after the ad- 
journment of the next General Assembly, the sum of $7,904,637.42, as 
follows : 

First Year. Second Year. 

Pot ordinary operating expenses $3,319,345.03 $3,803,992.39 

For ordinary repairs and improvements. . 361,950.00 354,950.00 
For ordinary care and improvement of ^ 

grounds 325200.00 32,200.00 

Total $3,713,495.03 $4,191,142.39 

All of said moneys so appropriated shall be for the use of the several 
institutions to be used by the Board of Administration according to the 
varying needs of such institutions. 

§ 2. There is also appropriated to the Board of Administration for 
the purchase of raw material and other expenses of the broom factory at 
the Illinois Industrial Home for the Blind, at Chicago, the sum of 
$50,000 per annum in lieu of collections made by the managing officer- 
of that institution for the sale of manufactured products, which collec- 
tions shall be transmitted monthly to the State treasury. 

§ 3. All moneys appropriated shall be due and payable to the Board 
of Administration, or to its order, only on the terms and in the manner 
provided in an "Act to revise the laws relating to charities," approved 
June 11, 1912. 

Approved June 24, 1913. 



CHARITABLE — STATE INSTITUTIONS, SPECIAL. 



§ 1 . Appropriates $2,636,405.47 to Board of Ad- 
ministration to be apportioned between 
institutions named and for purposes spec- 
ified. 

§ 2 . How drawn . 

§ 3. Reappropriates imexpended balance for 
water supplj' at Anna State Hospital. 



§4. Reappropriates unexpended balarce for 
Alton State Hospital. 

§ 5. Reappropriates imexpended balances for 
certain institutions. 

§ 6 . Reappropriation of $75,000 for Surgical In- 
stitution for Children [vetoed]. 



(House Bill No. 125. Approved June 25, 1913.) 

An Act making appropriations for the State charitable institutions 

herein named. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and is hereby appro- 
priated to the Board of Administration for the purpose herein stated, 
for the two years beginning July 1, 1913, and until the expiration of the 
first fiscal quarter after the adjournment of the next General Assembly, 
the sum of two million eight hundred thirty-four thousand nine hundred 
five dollars and forty-seven cents ($2,834,905.47), * [$2,636,405.47] 
to be apportioned between the institutions as follows: 

ELGIN STATE HOSPITAL. 

For new boiler plant, power house and equipment $90,500.00 

For psychopathic building for men 35,000.00 

For building for employees 26,000.00 



AJ'l'ROl'KIATlONS. 



KANKAKEE STATE HOSPITAL. 

For laundry building $35*,000.00 

For roof for boiler house • 18,000.00 

For cottages for the tubercular patients 20,000.00 

For contagious disease building 10,000.00 

For cow barn 15,000.00 

For horses 1,000.00 

For building for male employees 90,000.00 

For water system 20,000.00 

For blacksmith shop 6,000.00 

For building tunnel . . .' 1,750.00 

For warehouse for tools 10,000.00 

For iron radiator covers 15,000.00 

For domestic hot water heater 1,200.00 

For pressure tank for elevators 1,600.00 

For iDrine system for cold storage 3,500.00 

For dairy herd 3,500.00 

JACKSONVILLE STATE HOSPITAL. 

*For new kitchen and enlarging amusement hall [vetoed] 35,000.00 

For coal shed 6,000.00 

For crushed rock for driveways 3,000.00 

For repaving South Main street 8,950.00 

For burial lots 1,740.00 

For rewiring buildings 1,500.00 

ANNA STATE HOSPITAL. 

*For employees' quarters [vetoed] 50,000.00 

For tuberculosis hospital 18,000.00 

For tunnel to connect buildings 20,000.00 

For cement walks 2,400.00 

For cow barn and silo 6,000.00 

For extension of coal sheds 2,500.00 

For horses 2,000.00 

For sewer, sewer pipe line and septic tank 4,500.00 

WATERTOWN STATE HOSPI'TAL. 

For building for women employees 50,000.00 

For cottage for male tubercular patients 18,000.00 

For farm land 22,000.00 

For water supply from the river 15,500.00 

For boilers 18,000.00 

For brick smoke stack 5,500.00 

For sanitary dairy barn 10,000.00 

For tool and implement house 1,500.00 

For tunnel connecting annex with administration building 1,800.00 



16 APPROPRIATIONS. 



PEORIA STATE HOSPITAL. 

For receiving cottage for men $ 30,000.00 

For amusement hall and chapel 30,000.00 

For morgue and laboratory 9,000.00 

For the repair of old farm houses 2,000.00 

For installation of electric irons 1,000.00 

Paint shop 2,000.00 

For farm land 17,000.00 

For repair of septic tank 1,000.00 

For draft horses 1,500.00 

For X-Eay machine and equipment : 1,500.00 

For sterilizing outfit 1,500.00 

For four 300-h. p. boilers and equipment 30,000.00 

For two new stokers for geary boilers 3,500.00 

For smoke stack 5,000.00 

For breeching and ash handling machinery 4,000.00 

For ice and refrigeration machine 7,500.00 

For electrical extension 2,000.00 

For asbestos covering for steam pipes 2,000.00 

For metal work, guttering and spouts 3,000.00 

For fencing 500.00 

For improving laundry 3,200.00 

*For water system at farm colony [vetoed] 8,500.00 

For new roof and alterations in boiler house neeessar.y to 

install new boilers 8,500.00 

CHESTER STATE HOSPITAL. 

For silo and equipment 500.00 

CHICAGO STATE HOSPITAL. 

For heat, light, power, ventilating and cold storage plant 164,000.00 

For receiving service building 275,000.00 

For cottages to replace infirmary wards 150,000.00 

For nurses' home 90,000.00 

For laundry machinery 15,000.00 

For floors, ceilings, locks and fire escapes 22,000.00 

For plumbing . .". •....; 10,000.00 

For root cellar 2,000.00 

For furniture 12,000.00 

For painting 12,000.00 

For fences 2,300.00 

ALTON STATE HOSPITAL. 

For the erection of buildings, other improvements, super- 
vision and care of property 205,000.00 



APPROPRIATIONS. 17 



LINCOLN STATE SCHOOL AND COLONY. 

For roofing boiler house 3,500.00 

For coal conveyor 2,500.00 

For guttering and cornicing main building 5,000.00 

For tile floors 6,000.00 

For two cottages for boys 50,000.00 

For sanitary dairy bam 10,000.00 

For equipment and furnishings for south hospital 8,000.00 

For cottages for tubercular inmates 18,000.00 

STATE COLONY FOR EPILEPTICS. 

For purchase of site, drawing plans and the preliminary 

construction of new buildings 500,000.00 

THE ILLINOIS SCHOOL FOR THE DEAF. 

For vegetable cellar 3,000.00 

THE ILLINOIS SCHOOL FOR THE BLIND. 

For slate roof 1,200.00 

For store house building and cold storage 6,500.00 

For free circulating library 1,600.00 

For new wind chest, new action and electric motive power 

for pipe organ , 1,400.00 

For text books and apparatus 2,000.00 

THE ILLINOIS INDUSTRIAL HOME FOR THE BLIND. 

For new gas ranges 1,000.00 

For store and linen room . . 2,500.00 

For water supply pipes and pump 250.00 

For new toilet fixtures, plumbing and terrazzo floors .... 2,000.00 

For new warehouse . 10,000.00 

For working capital for 1913 ' 10,000.00 

For working capital for 1914 10,000.00 

*For purchase of land, drawing plans and preliminary 
construction of new buildings, for the establishment of a 

colony for the blind and blind families [vetoed] 25,000.00 

THE ILLINOIS SOLDIERS' AND SAILORS' HOME. 

For improvement of cemetery 4,000.00 

For extension of refrigerating plant 3,100.00 

For new roof on headquarters building 1,380.00 

For tool and stock house 5,000.00 

Fence 2,300.00 

— 2 L 



18 APPROPRIATIONS. 



THE SOLDIERS WIDOWS HOME OF ILLINOIS. 

*For new boiler house and boilers [vetoed] 5^000.00 

For horse barn 1,000.00 

THE ILLINOIS SOLDIERS^ ORPHANS^ HOME. 

For concrete floors in dish wash rooms and kitchen 1,800.00 

For rebuilding green house . 2,000.00 

For main water pipe from pumping station to storage tank 2,000:00 

For improving water S3'stem 10,000.00 

For replacing old steam and water pipes 4^,000.00 

For new barn . " 2,500.00 

THE STATE TRAINING SCHOOL FOR GIRLS. 

For sanitary dairy barn and equipment 8,000.00 

For farm house and equipment, for male employees 16,000.00 

For septic tanks 6,000.00 

For enlarging chapel 6,000.00 

For infirmary, hospital, medical work and supplies 8,000.00 

For extension of fire mains 1,250.00 

For concrete tunnel, piping and wiring 15,000.00 

For balance due Chicago & Northwestern Eailroad Com- 
pany on switch track 1,066.47 

For automatic door openers 4,619.00 

THE ST. CHARLES SCHOOL FOR BOYS. 

For walks 1,500.00 

For sewers and drains 2,000.00 

For three new cottages and furnishing same 78,000.00 

For three new farm cottages and furnishings 45,000.00 

For refrigerating plant and insulation 8,000.00 

For additional laundry equipment 1,500.00 

For air compressor, feed water header and engine lathe. . 3,300.00 

For equipment for printing department 200.00 

For barns 8,000.00 

For addition to school building 28,000.00 

For clock for school house tower 500.00 

For chapel and assembly hall 27,500.00 

For reconstruction of barn on farm A destroyed by fire 

and damage to cottage 3,000.00 

§ 2. All moneys appropriated shall be due and payable to the Board 
of Administration, or to its order, only on the terms and in the manner 
provided in "^"^An Act to revise the laws relating to charities," approved 
June 11, 1912. 

§ 3. There is reappropriated to the Board of Administration, for 
the purpose of carrying out the provisions of "An Act making an appro- 
priation for a water supply for the Anna State Hospital," approved 
June 2, 1911, so much of the sum of $135,000.00 appropriated in and 



appropriations: 19 



by said Act for the purpose in said Act specified, as shall not be expended 
on or before the thirtieth day of September, A. D'. 1913, payable from 
the State treasury in accordance with the provisions of said Act. 

§ 4. There is reappropriated to the Board of Administration, for 
the purpose of carrying out the provisions of "An Act making an appro- 
priation for the purchase of ground and the erection of buildings for 
the new insane hospital," approved May 31, 1911, so much of the sum 
of $500,000 appropriated in and by said Act for the purpose in said 
Act specified as shall not be expended on or before the thirtieth day of 
September, A. D. 1913, payable from the State treasury in accordance 
with the provisions of said Act. 

§ 5. That there is reappropriated to the Board of Administration, 
so much of the sums hereinafter named, appropriated in and by "An Act 
making appropriations for the State charitable institutions herein 
named," approved June 7, 1911, as shall not be expended on or before 
the thirtieth day of September, A. D. 1913, payable from the State 
treasury in accordance with the provisions of said Act, as follows : 

KANKAKEE STATE HOSPITAL. 

For converting cottage No. 5 into a nurses' hom6 ,. . $ 25,000.00 

ANNA STATE HOSPITAL. 

For infirmary for women. ., $ 50,000.00 

WATERTOWN STATE HOSPITAL. 

For rebuilding Assembly Hall $ 25,000.00 

For new building 50,000.00 

CHICAGO STATE HOSPITAL, DUNNING. 

New buildings and wrecking old almshouse and tubercular 

building $110,000.00 

§ 6. *There is reappropriated to the Board of Administration for the 
purpose of carrying out the provisions of "An Act making an appro- 
priation for the Illinois Surgical Institution for Children in the State 
of Illinois," approved June 6, 1911, the sum of sixty thousand dollars 
($60,000.00) for the purpose of constructing a suitable hospital building, 
and also the sum of fifteen thousand dollars ($15,000.00) for furnish- 
ing said building, the appropriations to be payable from the State treas- 
ury in accordance with the provisions of said Act. [Vetoed.] 
Approved June 25, 1913. 

* I hereby certify that the foregoing Act, as printed above, except the words and figures in brackets, 
is a correct copy of House Bill No. 125, as enrolled and submitted to the Governor for his approval. Tlie 
items marked with a star (*), towit: (Jacksonville State Hospital), "For new kitchen and enlarging 
amusement hall, thirty-five thousand dollars ($35,000)"; (Anna State Hospital), "For employees"' 
quarters, fifty thousand dollars ($50,000)"; (Peoria State Hospital)," For water system at farm colony, 
eight thousand five hundred dollars (.$8,500)"; (The Illinois Industrial Home for the Blind), "For pur- 
chase of land, drawing plans and preliminary construction of new buildings, for the establishment of 
a colony for the blind and blind families, twenty-five thousand dollars ($25,000) "; (The Soldiers' Widows' 
Home of Illinois), "For new boiler house and boilers, five thousand dollars ($5,000) " and section 6 of said 
Act, as above printed, were vetoed by the governor, by which action the total appropriation to the Board 
of Administration, for the purposes stated in this Act, is reduced from $2,S34,905 47 as printed above to 
$2,636,405.47. 

Haret Woods, 

Secretary of Stale. 



20 APPROPRIATIONS. 



CHIEF INSPECTOR OP PRIVATE EMPLOYMENT AGENCIES, DEFICIENCY. 
§ 1 . Appropriates S600 for expenses to July 1st. I § 3 . Emergency. 
§ 2. How drawn. I 

(Senate Bill No. 47. Appeoved Apeil 25, 1913.) 

An Act to^ promde for a deficiency in the Q-fJice and oilier expenses of 

the Chief Inspector of Private Employment Agencies for the fiscal year 

ending June SO, 1913. 

Section 1. Be it enacted hy the People of the State of Illinois, rep'- 
presented in the General Assemhly: That the sum of six hundred 
dollars ($600.00) or as much thereof as may be necessary, be and is 
hereby appropriated for the purpose of meeting the- office and other 
expenses of the Chief" Inspector of Licensed Employment Agencies for 
the fiscal year ending June 30, 1913. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the State Treasurer for the sum herein 
appropriated upon the presentation of proper vouchers certified to by the 
Chief Inspector of Private Employment Agencies and approved by the 
Governor, which warrants shall be payable out of any moneys in the 
State treasury not otherwise appropriated. 

§ 3. Whereas, Said sum of money is immediately required, there- 
fore an emergency exists and this Act shall take effect from and after its 
passage. 

Approved April 25, 1913. 



dairymen's association. 

§ 1 . Appropriates $2,500 per annum. | § 2. How drawn. 

(House Bill No. 418. Appeoved June 25, 1913.) 

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

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assemhly: That the sum of two thousand five 
hundred dollars ($2,500.00) per annum for the years 1913 and 1914 be, 
and the same is hereby appropriated to the said dairymen's association 
in compiling, publishing and distributing its reports, and other neces- 
sary expenses. 

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

Appproved June 25, 1913. 



APPROPKIATIONS. 21 



EDUCATIONAL — NORMAL SCHOOLS, ORDINARY AND SPECIAL. 



§ 5. Southern Normal— $80,000 per annum and 
S64,000 and street paving tax not to exceed 
$3,500. 

§ 6. Western Normal— $74,250 per annum and 
$10,000. 

§ 7. How drawn. 



§ 1 . Appropriates sums hereinafter named to 
total of $1,235,500. 

§ 2. Northern Normal— £93,500 per annum and 
$130,500. 

§ 3. State Normal— $130,000 per annum and 

$87,000. 

§ 4. Eastern Normal— $81,000 per annum and 
$23,000. 

(Senate Bill No. 694. Approved June 25, 1913.) 

An Act nnihing appropriations for the five State normal schools of 

Illinois. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the following sums be and are 
liereby appropriated to the several State normals hereinafter named for 
the biennimn beginning July 1, 1913. 

§ 2. To the Northern Illinois State Normal School at DeKalb, Illi- 
nois, the following sums for the purposes herein stated : 

For science laboratory, $1,000 per annum $ 2,000.00 

For library, $1,000 per annum 2,000.00 

For grounds, school garden and green houses, $1,500 

per annum 3,000.00 

For extraordinary repairs in main building 2,500.00 

For manual training room and domestic science room 

in practice school 3,000.00 

For the erection and furnishing of a woman's dormitory 125,000.00 
For the purpose of defraying the ordinary expenses of said 

State normal, the. sum of $90,000 per annum 180,000.00 

§ 3. To the Illinois State Normal University at Normal, Illinois, the 
following sums for the purposes herein stated : 
For equipping and furnishing the new training school 

building $11,350.00 

For converting old training school building into a library 12,000.00 
For painting outside woodwork and interior walls of old 

buildings and for alterations and extraordinary repairs. 5,988.00 

For a telephone system throughout the various buildings. . 1,000.00 

For farm buildings, live stock and machinery 22,000.00 

For water main and sewer in Main street along grounds of 

the State Normal University 912.00 

For grading and concrete walks i 1,500.00 

For equipping commercial department 1,000.00 

For additional apparatus — biology and manual training. . 1,250.00 

For rebuilding the heating plant.' 30.000.00 



22 APPROPRIATIONS. 



For tlie purpose of defraying the ordinary expenses of said 
State normal, in addition to one-half of the interest of 
the college and seminary fund, which is hereby appropri- 
ated, the further sum of $130,000 per annum $260,000.00 

§ 4. To the Eastern Illinois State Normal School at Charleston, Illi- 
nois, the following sums, for the purposes herein stated : 

For library, $1,000 per annum $ 2,000.00 

For laboratory 1,500.00 

For grounds 1,500.00 

For finishing and furnishing model school and manual 

arts building 20,000.00 

For the purpose of defraying the ordinary expenses of said 

■ State normal, the sum of $80,000 per ammm 160,000.00 ^- 

§ 5. To the Southern Illinois State Normal University at Carbon- ^.qO^'^ 
dale, Illinois, the following sums for tlie purposes herein stated: ]^^- 

For new heating plant, including change of site; instal- 
lation of an electric dynamo, connecting the same with 
the grounds and the several buildings; the sinking of a 
deep well, and connecting same with the several build- 
ings, and the building of a railroad switch from the 

main line of the I. C. B. E. to said heating plant ,. $ 50,000.00 

For completing the agricultural equipment for the farm 

and the laboratories of the department 10,000.00 

For a typical farm house on the State farm 4,000.00 

For the purpose of paying one-half the cost of paving the 
street in front of the St-ate Normal School at Carbondale, 
a sum not to exceed $3,500.00, to be paid upon the pre- 
sentation of a duly certified assessment roll showing 
frontage and number of yards of pavement actually to 
be paid after the said pavement is duly accepted by the 
proper officers of the city of Carbondale. 
For the purpose of defraying the ordinary expenses of said 
State normal, in addition to one-half of the interest of 
the college and seminary fund, which is hereby appro- 
priated, the additional sum of $80,000.00 per annum. . . 160,000.00 
§ 6. To the Western Illinois Normal School at Macomb, Illinois, 
the following sums, for the purposes herein stated : 

For repairs of building and equipment, per annum $ 2,000.00 

For expenses of trustees, per annum 250.00 

For addition to the library, per annum 1,000.00 

For care and improvement of the grounds, per annum. . . . 1,000.00 

For furnishing of the new woman's building 10,000.00 

For the purpose of defraying the ordinary expenses of said 

State normal, the sum of $70,000.00 per annum 140,000.00 

§ 7. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants from time to time upon the State Treasurer 
for amounts expended or bills then due from the siims herein appropri- 



APPROPRIATIONS. 23 



ated, payable t^overally to the persons named, upon the presentation of 
itemized vouchers therefor, certified to by the president or principal of 
the respective State normals herein named, and approved by the presi- 
dent or secretary of the board of trustees of said respective State normals. 
Approved June 25, 1913. 



EDUCATIONAL UNIVERSITY OF ILLINOIS, ENDOWMENT FUND. 

§ 1 Appropriates money accrued under Acts of 1 § 2 . How drawn. 
• 1890 and 1907. | 

(Senate Bill No. 686. Appkoved June 21, 1913.) 

An Act appropriating to the Trustees of the University of Illinois the 
money granted in an Act of Congress, approved August 30, 1890, en- 
titled, "An Act to apply a portion of the proceeds of the public lands 
to the more perfect endowment and support of the colleges for the 
benefit of agriculture and mechanic arts," established under the pro- 
visions of an Act of Congress, approved July 2, 1862, and the money 
granted by an Act of Congress, approved March 4, 1907, entitled, "An 
Act making appropriations for the Department of Agriculture for the 
fiscal year ending June SO, 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, 
1915, accrue to the State of Illinois, under the provisions of an Act 
of Congress of the United States, approved August 30, 1890, entitled, 
"An Act to apply apportion of the proceeds of the public lands to the 
more perfect endowment and support of the colleges for the benefit of 
agriculture and the mechanic arts," established under an Act of Congress, 
approved July 2, 1862; and the money granted by an Act of Congress, 
approved March 4, 1907, entitled, "An Act making appropriations for 
the Department of Agriculture for the fiscal year ending June 30, 1908," 
are hereby appropriated to the Trustees of 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 treas- 
ury of said, board of trustees. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for the sums hereby 
appropriated, upon the order of the chairman of the Board of Trustees 
of said University, countersigned by its secretary and with the corporate 
seal of said University. 
Approved June 21, 1913. 



24 APPROPRIATIONS. 



EDUCATIONAL UNIVEI'SITY OF ILLINOIS, GENERAL. 

§ 1- Appropriates 31,600,000 per annum for main- | §2. Payable under Act of 1911— how drawn, 
tenance, etc., and $650,000 per annum for 
land and buildings. ] 

(Senate Bill No. 675. Approved June 24, 1913.) 

An Act making appropriations for the University of Illinois. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assernbly: That there be and is hereby appro- 
priated to the University of Illinois for the biennium beginning July 1, 
1913, the sum of four million five hundred thousand dollars ($4,500,000) 
payable out of money paid into the State treasury and set apart as a fund 
for the use and maintenance of the University of Illinois, in accordance 
with an Act entitled, "An Act to provide by State tax for a fund for the 
support and maintenance of the University of Illinois," approved June 
10, 1911, in force July 1, 1911, payable as follows: 

1. For maintenance, equipment and general operating expenses, the 
sum of one million six hundred thousand dollars ($1,600,000) per 
annum. 

2. For the purchase of land and the erection and permanent equip- 
ment of buildings, the sum of six hundred fifty thousand dollars 
($650,000) per annum. 

§ 2. The appropriations made herein shall be paid only out of moneys 
paid into the State treasury and set apart for the use and maintenance 
of the University of Illinois in accordance with the provisions of an Act 
entitled, "An Act to provide by State tax for a fund for the support and 
maintenance of the University of Illinois," approved June 10, 1911, in 
force July 1, 1911. 

The Auditor of Public Accounts is hereby authorized and directed to 
draw his warrants from time to time upon the State Treasurer, for 
amounts expended or bills then due, from the sums herein appropriated, 
payable severally to the persons named, upon the presentation of item- 
ized vouchers therefor, certified to by the president and secretary of the 
Board of Trustees of the University of Illinois, with the corporate seal 
of the University attached thereto. 

Approved June 24, 1913. 



exposition — PANAMA-PACIFIC, SAN FRANCISCO, 1915. 
§ 1 . Appropriates $300,000. I § 2. How drawn. 

(Senate Bill No. 682. Approved Jxtne 19, 1913.) 

An Act to make an appropriation for the representation of the State of 
Illinois at the Panama-Pacific International Exposition to he held at 
San Francisco, California, in the year 1915. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of three hundred 
thousand dollars ($300,000.00) or so much thereof as may be necessary. 



APPROPRIATIONS. 25 



be and is hereby appropriated out of any money in the State treasury 
not otherwise appropriated, to the Panama-Pacific International Ex- 
position Commissioner for the purpose of constructing a building or 
buildings and providing for exhibits and representations by the State 
of Illinois, and paying for the same, and for the payment of expenses 
of the commissioneT, and for all other expenses connected with and 
incident to the Illinois exhibit at the Panama-Pacific International Ex- 
position to be held at San Francisco, California, in the year 1915. 

§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrants on the State Treasurer from time to time 
for siich amounts of the sum herein appropriated as may be deemed 
necessary, upon the presentation of itemized vouchers approved by the 
Panama-Pacific International Exposition Commissioner, and the State 
Treasurer shall pay the same out of any money herein appropriated. 

Approved June 19, 1913. 



firemen's association. 

Preamble. 1 § 2 . How drawn. 

§ 1 . Appropriates SI, 000 per annum. I 

(House Bill No. 480. Approved June 21, 1913.) 

An Act to make an appropriation for the henefit, 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 
education 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 department [s] 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 pro- 
mote 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 hy the People of the State of Illinois, rep- 
resented in the General Assemhly: 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 one thousand dollars ($1,000) 
per annum. 

No part of the said one thousand dollars ($1,000) shall be paid as 
salary to any officer of the Illinois Firemen's Association. The secretary 



26 APPROPRIATIONS. 



and treasurer of the association shall make an annual statement to the 
Governor on or before January 1st of each and every year,' of the dispo- 
sition of the said appropriation. 

§ 3. The State Auditor is hereby authorized to dravs^ 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 presenting 
proper vouchers for the same, signed by the president and secretary of 
said association, and the State Treasurer shall pay out of any money in 
the State treasury not otherwise appropriated. 

Approved June 21, 1913. 



FT. CHARTRES STATE PARK 
Preamble. 
§ 1. Appropriates S4,000. 



§ 3 . Power of eminent domain— supervision by 
Attorney General. 



§ 4 . Proceedings under Act of 1911. 
§ 2. Illinois Park Commission to obtain title- 
conveyance — deeds, etc., filed with Secre- 
tary of State. 

(House Bill No. 400. Approved June 25, 1913.) 

An Act making an appropriation for the purpose of rebuilding and pre- 
serving the walls of ancient Ft. Cliartres, of preserving and strength- 
ening its old powder magazine, and for the purpose of making and 
creating a State park upon the site of this ancient fort. 
Whereas, The first permanent civilization in the upper Mississippi 
valley was planted at Ft. Chartres in the county of Randolph in the 
State of Illinois, in the year 1718 ; and 

Wpiereas, Said fort was the seat of government of both France and 
Great Britain until 1778 when Colonel George Eogers Clark captured 
for the Americans the settlements of Illinois from the British, and 
made possible the upbuilding of our Great Commonwealth; and 

Whereas^ The foundation walls of said fort, its stone powder maga- 
zine and its wells are still intact; and 

Whereas^ It is eminently fitting that the Commonwealth of Illinois 
preserve said historic site ; therefore. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and hereby is ap- 
propriated the sum of $4,000, for the purpose of rebuilding and pre- 
serving the walls of ancient Ft. Chartres, of preserving and strength- 
ening its old powder magazine, and for the purpose of making and 
creating a State park upon the site of this ancient fort. 

§ 2. The 'Illinois Park Commission is hereby authorized and em- 
powered to obtain title to so much of said land, upon which is located 
old Fort Chartres as it may deem necessary. The conveyance of such 



APPROPRIATIONS. 27 



title after such title has been passed upon and approved, shall be taken 
in the name of the people of the State of Illinois and the title, deeds 
and other evidence of title shall be deposited in the office of the Secre- 
tary of State. 

§ 3. In case the Illinois Park Commission cannot acquire title to 
the land necessary for such public park at a reasonable price in the 
opinion of said commission, then the said commission is hereby vested 
with power, in the name of the People of the State of Illinois, to obtain 
title to such land, or to any part or parcel thereof, by condemnation 
under the eminent domain laws of this State : Provided, that all nego- 
tiations and legal proceedings provided for by this Act shall be under 
the direct supervision of the Attorney General of this State. 

§ 4. In carrying out the provisions of this Act the said park com- 
mission, shall in all things and in all of its transactions be governed 
by section 2 of "An Act in relation to the acquisition, control, main- 
tenance, and protection of State parks, and making an appropriation 
to carry into effect the provisions of this Act," approved June 10, 1911, 
in force June 10, [July 1], 1911, and all Acts amendatory thereto. 

Approved June 25, 1913. 



FUGITIVES PROM JUSTICE — DEFIOIENCY. 
§ 1 . Appropriates $10,000. I § 3 . Emergency. 

§ 2 . How drawn . , j • 

(Senate Bill No. 192. Approved April 18, 1913.) 

An Act makings an appropriation to meet the defiaiency m the appro- 

priafion for the payment of expenses for the apprehension and delivery 

of fugitives from justice. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of $10,000 be and is 
hereby appropriated for the payment of the expenses provided by law 
for the apprehension and delivery of fugitives from justice already 
incurred and to incur up to the first day of July, 1913. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the sum 
herein specified upon presentation of vouchers certified in the manner 
now provided by law. 

§ 3. Whereas, The appropriation above recited is necessary to meet 
the expenses already incurred and to incur up to the first day of July, 
1913 ; therefore an emergency exists and this Act shall be in force and 
take effect from and after its passage. 

Approved April 18, 1913. 



28 APPROPRIATIONS. 



GENERAL ASSEMBLY, 48tH- — COMMITTEE EXPENSES, (1). 
§ 1. Appropriates $5,000. I § 3. Emergency. 

§ 2 . How drawn. | 

(Senate Bill No. 350. Approved Mat 9, 1913.) 

An Act making an appropriation to pay the expenses of the committees 
of the J/Sth General Assembly. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be and is hereby 
appropriated the sum of five thousand dollars ($5,000), or so much 
thereof as may be necessary to pay the expenses of the committees of 
the 48th General Assembly. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the State Treasurer for the sum 
herein specified, upon presentation of proper vouchers certified by the 
chairman of the committee incurring the expenses and the presiding 
officer of that branch of the General Assembly appointing the committee. 

§ 3. The appropriation above recited is necessary for the payment of 
the expenses of the committees of the Forty-eighth General Assembly 
now being incurred in the transaction of business assigned to said com- 
mittees. Therefore an emergency exists, and this Act shall take effect 
from and after its passage. 

Approved May 9, 1913. 



GENERAL ASSEMBLY, IStH — COMMITTEE EXPENSES, (2). 
§ 1. Appropriates $10,000. 1 § 3. Emergency. 

§ 2 . How drawn . | 

» (House Bill No. 921. Approved June 25, 1913.) 

An Act making an appropriation to pay the expenses of the committees 
of the Forty-eighth 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 appro- 
priated the sum of ten thousand dollars ($10,000), or so much thereof 
as may be necessary to pay the expenses of the standing committees of 
the Forty-eighth General Assembly, for which no specific appropriation 
has been made. 

§ 2. The Auditor of Public Accounts, is hereby authorized and 
directed to draw his warrant upon the State Treasurer for the sum 
herein specified, upon presentation of proper vouchers certified b}'' the 
chairman of the committee incurring the expenses and the presiding 
officer of that branch of the General Assembly appointing the committee. 

§ 3. The appropriation above recited is necessary for the payment 
of the expenses of the committees of the Forty-eighth General Assembly 



APPROPRIATIONS. 29 



now being incurred in the transaction of business assigned to said com- 
mittees. Therefore an emergency exists, and this Act shall take effect 
from and after its passage. 
Approved June 25, 1913. 



GENERAL ASSEMBLY, 48tH — COMMITTEE EXPENSES, ELECTION CONTESTS. 

§ 1. Appropriates $57,182.46 as follows: House I § 2. How drawn, 
committee expenses, $48,949.27; Senate, 
$8,233.19. I 

(House Bill No. 922. Approved July 3, 1913.) 

An Act to make an appropriation to pay the Elections Committee 
expenses of the Forty-eighth 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 sixty-five thousand, 
one hundred and eleven dollars and six cents ($65,111.06), * [$57,182.- 
46], or so much thereof as may be necessary, be and the same is hereby 
appropriated to pay the expenses of the elections committees of the 
Forty-eighth General Assembly, and that the said sum so appropriated 
shall be used for the following purposes: 

For House Elections Committee. 

second district. 

Frank J. McNichols, a sitting member, for expenses $350.00 

G. A. Curran, attorney's fees for F. J. McNichols 500.00 

John F. McCarty, a sitting member, for expenses 350.00 

Leo. J. Doyle, attorney's fees for John F. McCarty 500.00 

Frank J. Suite, a sitting member, for expenses 350.00 

Joel F. Longnecker, attorney's fees for F. J. Snite 500.00 

expenses of sub-committee. 

E. J. Casserman, as member of sub-committee 14.65 

E. S. Jones, as member of sub-committee 18.65 

F. A. Garesche, as member of sub-committee . 18.50 

A. N. Abbott, as member of sub-committee. 10.00 

third district — recount of ballots and voting machine votes. 

Henry M. Ashton, formerly a sitting member, for expenses 194.25 

M. W. Cagny, attorney's fees, for Henry M. Ashton 500.00 

*John P. Walsh, a sitting member, for expenses [vetoed] . . 350.00 

Michael E. Maher, attorney's fees for J. P. Walsh 500.00 

*F. E. J. Lloyd, a sitting member, for expenses [vetoed] . . 350.00 

Joel F. Longnecker, attorney's fees for F. E. J. Lloyd 500.00 

Eobert E. Jackson, successful contestant, for expenses 700.00 



30 APPROPRIATIONS. 



Albert B. George, attorney for Eobert R. Jackson $500.00 

*Williain Ostrom, contestee, for expenses [vetoed] 500.00 

*Bums & Traub, attorney's fees for William Ostrom [vetoed] 500.00 

EXPENSES OF SUB-COMMITTEE' — ^RECOUNT OF BALLOTS AND VOTING 
MACHINE VOTES. 

E. J. Smejkal, a member of sub-committee for expenses. .. 125.00 

William Gr. Herman, clerk of sub-committee 100.00 

James Melichar, clerk of sub-committee 30.00 

Walter M. Provine, member of sub-committee, for expenses 36.41 

Gr. F. Hershy, clerk sub-committee for Walter M. Provine. . 100.00 

R. J. Casserman, member of sub-committee, expenses. ..... 31.40 

Otta A. Huber, clerk of sub-committee, for R. J. Casserman 100.00 

*A. de Elton Peterson, reporter, for reporting [vetoed] .... 380.15 

* Jesse Hawkins, as clerk and messenger [vetoed] ........ 31.55 

Margaret Eelkey, services as stenogTapher 10.00 

Violet Bourne, services as stenographer 10.00 

William Isherwood, services as stenogi'apher 10.00 

*Lawrence King, bailiff, circuit court, Cook county [vetoed] 30.00 

*J. J. Kroupa, attorney for sub-committee [vetoed] 100.00 

FOURTH DISTRICT. 

*Hubert Kilens, sitting member, for expenses [vetoed] . . . 350.00 

*I)onald G-rover, attorney's fees for Hubert Kilens [vetoed] 500.00 

*Thomas A. Bowyer, a sitting member, for expenses [vetoed] 350.00 
*Cliarles S. Wharton, attorney for Thomas A. Bowyer 

[vetoed] 500.00 

*Geo. A. Hilton, a sitting member, expenses [vetoed] 350.00 

*Thos. J. Dawson, attorney's fees, for Geo. A. Hilton 

[vetoed] 600.00 

SIXTH DISTRICT. 

Charles S. Graves, a sitting member, for expenses 350.00 

Harold L. Ickes, attorney for Charles S. Graves 500.00 

Eobert E. Wilson, a sitting member, for expenses 350.00 

Thos. J. Dawson, attorney forE. E. Wilson 500.00 

Joseph A. Weber, a sitting member, for expenses 350.00 

Andrus .& Trutter, attorneys for Joseph A. Weber 500.00 

*William E. Anderson, contestant, for expenses [vetoed] . . 480.00 

*J. P. Burns, attorney for William E. Anderson [vetoed] . . 500.00 

EXPENSES OF SUB-COMMITTEE. 

H. A. Poster, expenses, member of sub-committee 19.34 

John J. McLaughlin, member of sub-committee 7.35 

*John J. McGreal, clerk and stenographer [vetoed] 399.15 

*T. E. Wing, clerk and stenographer [vetoed] 373.40 



APPROPRIATIONS. 31 



EIGHTH DISTKICT. 

Fayette 8. Miuiro, m sitting member, for expenses $150.15 

Harold L. Ickes, attorney for F. S. Munro 500.00 

B. J. Samuels, atty. for Edw. D. Shurtleff, expenses 35.00 

B. J. Samuels, atty. for Edw. D. ShurtlefE, expenses 35.00 

Thos. E. G-raham, a sitting member, for expenses 260.00 

W. F. Weiss, atty. for Thos. E. Graham 500.00 

NINTH DISTRICT. 

Rudolph Stoklasa, a sitting member, for expenses. 350.00 

Otto Kemer, atty. for Rudolph Stoklasa 500.00 

Henry Heizer, atty. for D. E. Shanahan, expenses 47.50 

Henry Heizer, atty. for D. E. Shanahan 500.00 

Robert J. Mulcahy, a sitting member, for expenses 350.00 

Ross Hall, atty. for Robert J. Mulcahy. .■ 500.00 

TENTH DISTRICT. 

John A. Atwood, sitting member, expenses 100.00 

John Coleman, sitting member, expenses 100.00 

Andrew J. Lovejoy, a sitting member, expenses 350.00 

Earl D. Reynolds, atty. for Andrew J. Lovejoy 500.00 

ELEVENTH DISTRICT. 

Robson Barron, a sitting member, expenses 181.75 

Pines & Newman, attys. for Robson Barron 500.00 

Henry F. Schuberth, a sitting member, for expenses 350.00 

Thos. J. Dawson, atty. for Henry F. Schuberth 500.00 

Frank J. Ryan, for expenses, sitting member 350.00 

James J. O'Toole, atty. for Frank J. Ryan 500.00 

THIRTEENTH DISTRICT. 

Benton F. Kleeman, a sitting member, for expenses 307.90 

Lewis C. Ball, atty-. for Benton F. Kleeman. 500.00 

Seymour Stedman, a sitting member, for expenses 87.00 

W. A. Cunnea, atty. for Seymour Stedman 500.00 

Elmer Schnackenberg, a sitting member, for expenses 300.00 

Joel F. Longnecker, atty. for Elmer Schnackenberg 500.00 

NINETEENTH DISTRICT. 

John J. McLaughlin, a sitting member, for expenses 350.00 

Clare & Christonsen, attorneys for John J. McLaughlin. . . 500.00 

Joseph E. Blaha, a sitting member, for expenses 350.00 

Charles B. Pavlicek, attorney for Joseph E. Blaha 500.00 

Richard E. Sherman, a sitting member, for expenses 350.00 

Joel F. Longnecker, atty. for Richard E. Sherman 500.00 



32 



Al>PllOPRtAT10]SrS. 



TWENTIETH DISTRICT. 

Israel Dudgeon, a sitting member, for expenses $350.00 

Kern & Small, attys. for Israel Dudgeon 500.00 

William H. Dunn, sitting member, for expenses. . . 50.00 

Joel F. Long-necker, atty. for William H. Dunn 500.00 

Daniel O'Connell, a sitting member, for expenses 269.65 

Cornelius Reardon, atty. for Daniel O'Connell 500.00 

TWENTY-PIRST DISTRICT^ — RECOUNT OF BALLOTS. 

Edwin T. Farrar, successful contestant, for expenses 700.00 

Lewis C. Ball, atty. for Edwin T. Farrar 500.00 

Benjamin M. Mitchell, a sitting member, for expenses 350.00 

John J. Poulton, atty. for Benjamin Mitchell . 500.00 

John Grunau, a sitting member for expenses 350.00 

Joel F. Longnecker, atty. for John Grunau 500.00 

Harry W. Harris, formerly a sitting member, for expenses. . 289.00 

Cunnea & Christenson, attorneys for Harris, Henry W... 500.00 



EXPENSES OF SUB-COMMITTEE^ — RECOUNT OF BALLOTS. 

John GrifEn, member of sub-committee, and for clerk hire. . 200.00 

Maurice J. Clarke, as member of sub-committee, clerk hire. 225.00 

A. N. Abbott, member sub-committee, clerk hire 200.00 

Edw. J. Walsh, stenographer for sub-committee 181.35 

*Thos. J. Dawson, atty. for Walter W. Guy, contestee 

[vetoed] 350.00 

TWENTY-THIRD. DISTRICT. 

George A. Miller, sitting member, for expenses 35.00* 

Young & Smith, attorneys for George A. Miller 500.00 

Emil N". Zolla, sitting member for atty. fees to Charles 

Hughes, and expenses 390.00 

Christian M. Madsen, sitting member for attorney's fees, W. 

A. Cunnea, attorney 400.00 



TWENTY-NINTH DISTRICT. 

Medill McCormick, a sitting member, for expenses 181.35 

Harold L. Ickes, atty. for Medill McCormick 500.00 

Patrick J. Sullivan, a sitting member, for expenses 350.00 

Walter Lantz, atty. for Patrick J. Sullivan 500.00 

James H. Farrell, a sitting member, for expenses 350.00 

Walter Lantz, attorney for James H. Farrell 500.00 



APPROPIUATK^NS. 33 



THIKTT-FIRST DISTRICT. 

Franklin S. Catlin, a sitting member, for expenses $ 30.00 

George H. Wood, atty. for Franklin S. Catlin 500.00 

Harry L. Shaver, a sitting member, for expenses 180.00 

E. I. Frankhauser, attorney for Harry L. Shaver 500.00 

William McKinley, for expenses, sitting member 24.55 

Francis McKeever, attorney for William McKinley 500.00 

THIRTY-THIRD DISTRICT. 

Thos. Campbell, a sitting member, for expenses and attorney 

fees, to G. C. Wenger 120.00 

William Hartquist, a sitting member, for expenses 83.90 

Harold L. Ickes, atty. for William Hartquist 500.00 

Everett L. Wertz, a sitting member, for expenses 100.00 

Geo. W. Wertz, Jr., atty. for Everett L. Wertz 500.00 

THIRTY-FOURTH DISTRICT. 

William T. Hollenbeck, a sitting member, for expenses. . . . 300.00 

H. E. Snavely, atty. for Wm. T. Hollenbeck 500.00 

Edward F. Poorman, a sitting member, for expenses 300.00 

James W. Craig, atty. for Edw. F. Poorman. ; 500.00 

Polk B. Briscoe, a sitting member, for expenses 300.00 

A. Summerlin, atty. for Polk B. Briscoe 500.00 

THIRTY-NINTH DISTRICT. 

Ole Benson, a sitting member, for expenses. . .■ 200.00 

Harold L. Eicbelson, atty. for Ole Benson 500.00 

William Scanlan, a sitting member, for expenses 250.00 

John J. Massieon, atty. for William Scanlan 500.00 

Lee O'Neil Browne, a sitting member, for expenses 250.00 

Harold Eichelson, atty. for Lee O'Neil Browne 500.00 

FORTY-FIRST DISTRICT — RECOUNT OF BALLOTS. 

Michael F. Hennebry, sitting member, and contestee, ex- 
penses 1,250.00 

D. D. Donahue, and Moonev & Bowles, attys. for Michael 

F. Hennebry " 500.00 

George B. Boardiiian, successful contestant 1,250.00 

Harold L. Ickes, atty. for George B. Boardman 500.00 

EXPENSES OF SUB-COMMITTEE^ — RECOUNT OF BALLOTS. 

*Edwin G. Young, county clerk of Will county, expenses 

[vetoed] ' 191.10 

*H. F. Lawrence, county clerk of DuPage county, expenses 

[vetoed] 254.25 

—3 L 



34 APPROPRIATIONS. 



K. K. Mill(!r, nietiibci' oi'. ilio llou.sc, (Vh' vviincss fees $ .Si. 40 

Williniii Newman, expenses, election judge JJ^.IO 

llcniiiiii Kortlumer, expenses, elcetion jiirloc. ;{r).1() 

lli'tiiy S<'iin(:, expenses, election Jiidii*' ;55.l() 

(»iis J. Kcini, S(!rgeani-ai-arrns IJI.S.GO 

h](\ Srriit}), judge of f(!Courit 11 5.00 

A. B. Glenn," " " " 185.80 

Phil Daiini, " " " 1 fi4.50 

W. L. Grubb, tally clerk 1(;7.80 

A. W. Vaught, "■ " 98.00 

G. H. Jacoby, " " 104.00 

W. B. Waggoner, " " IIG.OO 

H. F. Johnson, challenger 50.25 

S. Elm(!r Simpson, for stenogra])hers' fees 413.81 

S. E. Simpson, for exy)ens(!s and clerk and messenger hire. . 120.00 

E. C. Perkins, custodian of ballots 120.25 

*E. C. Perkins, as attorney for sub-commitlce | vetoed | . . . 500.00 

Joseph Carter, member of sub-committee expenses 18.25 

Martin J. Dillon, member of sub-committee, expenses 100.00 

S. l*]liiief Sini[)son, nieiiiber of siili-coiiimittee, for expenses 100.00 



FORTY- KIKTri DISTRICT. 

(!<)lby & Kit/.gerald, altys. for James ¥. Morris, sitting mem- 
ber, expenses and attorney's fees 500.00 

(J. .1. Barber* atty. for James M. Px'll, sitting m('n)b(>r, ex- 
penses and attorney's fees 500.00 

W. \j. Calron, ally, for Thos. E. Lyon, sitting member, (!.\- 
p<:nseK and altornc.'y's fees 500.00 



FIFTIETH DISTHICT. 

R. D. Kirkf)atrick, sitting member, for expenses 20.00 

Noelman & Smilli, attorneys for 11. I). Kirkpatrick 500.00 

(Iliai-les ('urreii, sitting member, expenses 115.50 

I'i'red Hood, atiorjiey for Charles Curren 500.00 

George W. Crawford, sitting member, for expenses 200.00 

nikiman & (ii-awford, attorneys for Geoi'ge W. Crawfoi'd.. 500. 00 



||'ll'"rY-l'M|{ST DIS'l'lilflT. 

H]lvvn()d l');irkcr, silling member, for expenses 240.2(5 

(!has. Durfee, attorney Fur P]lwood P.arkei' 500.00 

='=G. W. I-Till, for expenses atid aftorn(;y's (Ves | v(!t()ed | 200.00 

Total— House (^.mmil,le<' on h^lcclions [$48,1)49.27].. $50,877.87 



APPROPRIATIONS, 35 

For Trrn Sknatk Commjttek on Kmcctions. 

BINKS vs. BAILEY. 

Miirliii H. Mailey, sittino- incinb^'r: 

Attorney's fees $300.00 

Expenses 200.00 

$500.00 

Elmer A. Perry, attorney's fees $100.00 100.00 

ERWIN VS. HAMILTON. 

V. A. Jones, attorney's fees $100.00 100.00 

John R. Hamilton, attorney's fees 500.00 

Expenses " 242.96 742.9G 

STAPLETON AND BROWN VS. irAKKIK. 

George W. Harris, expenses. $350.00 350.00 

Harold L. Ickes, attorney for Harris, fees 400.00 

Expenses ." 150.00 550.00 

H. M. Bacon, attorney foi- W. M. Brown : 

Fees ; $400.00 

Expenses 120.82 520.82 

William J. Staploton, attorney's fees $300.00 

Expenses " 1 00.00 100.00 

B0ULV7ARE vs. DAILEY. 

J. A. Weil and S. D. Weed, attorneys for Bonl- 

ware, fees $300.00 

Elmer A. Perry, attorney for Boiilware, fees 100.00 

Mrs. J. R. Bonlwarc, administratix, expenses 400.00 800.00 

1. C. Pinckney, attorney for Dailey $400.00 

John Dailey, ' expenses 200.00 600.00 

IIARWOOD VS. KELLER. 

McElvain & Feiricli, attorneys for Harwood : 

Services ' $500.00 

Expenses 216.99 716.99 

Gillespie & Cantrall, attorneys for Keller: 

Services $500.00 

Expenses 300.00 800.00 

Kent E. Keller, expeus(!S $728.00 728.00 

G. W. Zinn, expenses in St. Tiouis 17.35 

T. B. Scouten, expenses Peoria and Ghicago 12.10 



36 APPROPRIATIONS. 



Theresa Gorman, special stenographic services $ 58.75 

W. L. Corris, reporting contests, and transcribing evidence 

and arguments in all Senate election contests 1,067.00 

Fuller & Meanor, special stenographic services 6.00 

John Broderick, expenses, Peoria 35.40 

Al. F. Gorman, expenses at Peoria 23.00 

W. Duff Piercy, expenses, St. Louis 13.32 

John T. Denvir, expenses, St. Louis. 38.00 

Campbell S. Hearn, expenses at Chicago . 20.00 

WITNESS FEES. 

Oscar Heinrich, Peoria 4.00 

C. A. Timmons, Peoria 4.00 

Eoscoe Frederick, Peoria 4.00 

G. A. Beasley, Peoria 2.00 

J. S. M. McDermott, Peoria 2.00 

A. F. Gebke, Peoria 2.00 

E. J .Leightner, Peoria 4.00 

J. M. Wright, Peoria 2.00 

H. A. Arnold, Peoria 2.00 

Elmer Elsberry, Peoria 2.00 

John E. Girton, employee sub-committee, Peoria. 15.00 

Total in Senate $8,233.19 

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

Approved July 3, 1913. 

* I hereby certify that the foregoing Act, as printed ab-^ve, except the words and figures in brackets, 
is a correct cpy of House Bill No. 922, as enrolled and submitted to the Governor for his approval. 
The twenty-three (23) items mariced with a star (*) were vetof d by the Governor, by which action 
the total appropriation for the purposes stated in this Act, is reduced from 165.111.06. as printed above, 
to $57,182.46. Harry Woods. 

Secretary of State. 



GENERAL ASSEMBLY^ 48tH— EMPLOYEES^ (1). 
§ 1. Appropriates $75,000 — how drawn. I § 2. Emergency. 

(Senate Bill No. 16. Approved February 15, 1913.) 

An Act making appropriations for the payment of employees of the 
Forty-eighth 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 appro- 
priated the sum of seventy-five thousand dollars, or so much thereof as 
may be necessary, to pay the employees of the Forty-eighth General As- 



APPROPRIATIONS. 37 



sembly at the rate of compensation allowed by law. Said employees to 
be paid upon rolls certified to by the presiding officers of the respective 
houses. 

§ 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 February 15, 1913. 



GENERAL ASSEMBLY, 48TH EMPLOYEES, (2), 

!.■ Appropriates $10,000— how drawn. I § 2. Emergency. 

(Senate Bill No. 674. Approved June 25, 1913.) 

An Act malcing an appropriation for the payment of employees of the 
Forty-eighth 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 appro- 
priated the sum of ten thousand dollars, or so much thereof as may be 
necessary, to pay the employees of the Forty-eighth General Assembly 
at the rate of compensation now allowed them. Said employees to be 
paid upon rolls certified to by the presiding officers of the respective 
houses. 

§ 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 June 25, 1913. 



GENERAL ASSEMBLY, 48tH INCIDENTALS. 

§ 1 . Appropriates S6,500— certification of vouch- § 2 . How drawn . 
ers. 

§ 3. Emergency. 

(Senate Bill No. 17. Approved February 15, 1913.) 

An Act to provide for the incidental expenses of the Forty-eighth Gen- 
eral Assembly 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 six thousand five 
hundred dollars, or so much thereof as may be required, is hereby appro- 
priated to pay the incidental expenses of the Forty-eighth General As- 
sembly, or either branch thereof, to be expended on vouchers certified 
to by the presiding officers of either branch thereof. 

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



38 APPROPEIATIONS. 



§ 3. Wheeeas^ The appropriation above recited is necessary for the 
expenses incurred in the transaction of the business of the State and the 
Forty-eighth General Assembly; therefore, an emergency exists, and 
this Act shall take effect and be in force from and after its passage. 

Approved February 15, 1913. 



GENERAL ASSEMBLY, 48tH — IlSrCIDENTALS OF SECRETARY OF STATE. 

§ 1 . Appropriates $12,000— certification by Sec- I § 2 . How drawn— emergency, 
retary of State. | 

(Senate Bill No. 45. Approved April 24, 1913.) 

An Act to provide for the incidental expenses of the Forty-eighth Gen- 
eral Assembly of the State of Illinois, to he incurred hy the Secretary 
of State, and for the care and custody of the State House and grounds, 
to lie incurred and noiv unprovided for. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of twelve thousand 
dollars, or so much thereof as may be required, is hereby appropriated 
to pay the incidental expenses of the Forty-eighth General Assembly, or 
either branch thereof, to be incurred by the Secretary of State and 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 
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. 

Whereas, The appropriation above recited is necessary for the ex- 
penses incurred in the transaction of the business of the State and the 
Forty-eighth General Assembly; therefore, an emergency exists, and 
this Act shall take effect from and after its passage. 
Approved April 24, 1913. 



general assembly, (49th) and state officers. 

§ 1. Appropriates— S2,600,000. 

(House Bill No. 911. Approved June 26, 1913.) 

An Act making an appropriatioii 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, six hundred thousand dollars 
($2,600,000), or so much thereof as may be necessary, to pay the officers 



APPROPRIATIONS. 39 



and members of the next General Assembly, and the salaries of the offi- 
cers of the State government at such rates of compensation as are now 
or hereafter may be fixed by law, until the expiration of the first fiscal 
quarter after the adjournment of the next regular session of the next 
General Assembly. 
Approved June 26, 1913. 



GETTYSBURG CELEBRATION — EXPENSES OF VETERAN SOLDIERS. 



Preamble. 

§ 1. Appropriates S30,000. 

§ 2 . Disposition of funds. 

§ 3. Applications of veterans— transportation 
through county clerk— extra sum. 



§ 4 . Funds set aside for blanks, etc. 

§ 5 . Funds not used to revert to general funds. 

§ 6 . How drawn. 

§ 7. Emergency. 



(House Bill No. 88. Approved Jxtse 3, 19I3.) 

An Act to make an appropriation for the expenses of veteran soldiers 
residing in the State of Illinois, loho were participants in the battle 
of Gettysburg, July 1, 2, 3, 1863, to enable them to attend the cele- 
bration of the fiftieth anniversary of that battle, to be held on the 
battlefield at Gettysburg, Pennsylvania, July 1, 2, 3 and 4, A. D. 
1913. 

Whereas, The fiftieth anniversary of the battle of Gettysburg is to be 
held upon the battlefield at Gettysburg, in the State of Pennsylvania, 
July 1, 2, 3 and 4, 1913 and it [is] to be made a Xational event, under 
the direction of the Federal government and in which veterans of both 
the Federal and Confederate armies will participate; and 

Whereas, There are many of said veterans residing in the State of 
Illinois, the average of whom is 72 years, who, because of their ad- 
vanced age and physical debilities incident to, and resulting from their 
service in behalf of their country, would require a traveling companion 
in attending said celebration, the cost of which would be beyond their 
means; and 

Whereas, It is desired that the State of Illinois be represented at 
said celebration by as many of the surviving soldiers of said battle as 
possible, and that said attendance may not be a drain upon their re- 
source but that they may once again visit the scene of the great con- 
flict (the decisive battle of the Civil war), and meet in spirit of friend- 
ship and brotherhood those they met as enemies upon the field of carnage 
half a century ago; 

Therefore, To lielp those who sacrificed so much, for the Nation, to 
attend the Gettysburg celebration (the crowning event of their lives) 
and to show proper appreciation of the services rendered on one of the 
liardest fought fields of the Civil war, and to furnish them with the means 
and comforts of travel : 

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 niipro- 



4:0 APPROPRIATIONS. 



priated the following sums^ to wit: for providing transportation, and 
expenses to the Gettysburg celebration, July 1, 2, 3 and 4, A. D. 1913, 
for such honorably discharged veterans of the Civil war, who partici- 
pated in the battle of Gettysburg, July 1, 2 and 3, 1863, and who are 
residents of the State, the sum of thirty thousand dollars ($30,000). 

§ 2. ISTo part of said thirty thousand dollars ($30,000) shall be used 
for the payment of salaries, fees, commissions or any purpose whatso- 
ever other than is provided for in this Act ; that the sum allotted to each 
approved applicant shall consist of his actual car fare from his resi- 
dence, or nearest railway station thereto, to Gettysburg in said state of 
Pennsylvania and return, at the rate of fare provided by the railroads 
over which lines he is to travel for the general public on corresponding 
dates, and the additional sum of ten dollars ($10) to each veteran so 
attending, for expense money. 

§ 3. That all applications on behalf of veterans who desire to avail 
themselves of the provisions of this Act shall be made to the Adjutant 
General of the State of Illinois, who shall thereupon satisfy himself as 
to the merits of said applicants, and who, upon finding that the appli- 
cants come within the provisions of this Act, shall issue an order for 
the amount of said transportation, and cause the same to be purchased 
for the round trip from the place of residence of said applicants, or 
the nearest railway station thereto, to Gettysburg and return, an.d for 
the sum of ten dollars ($10), to be delivered to each of them, through 
the clerk of the county court "in the county in which he resides, not 
earlier than the day before the time of his departure. 

§ 4. The sum of five hundred dollars ($500.00) is hereby set aside 
out of said appropriation of thirty thousand dollars ($30,000), for the 
use of the Adjutant General of the State of Illinois in providing proper 
blanks for applications and for postage and stationery and additional 
clerk hire, if such be necessary, in taking care of the correspondence 
and in performing the additional work, incident to the enforcement of 
the provisions of this Act. 

§ 5. Any funds so appropriated that are not actually used, includ- 
ing any portion of the five hundred dollars ($500.00), set aside for the 
Adjutant General for the performance of the duties incumbent upon 
him by reason of this Act, shall immediately after July 1, 1913, revert 
to the general funds in the treasury of the State of Illinois. 

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

§ 7. Whereas, An emergency exists ; therefore, this Act shall be 
in force and effect from and after its approval by the Governor. 

Approved June 3, 1913. 



APPROPRIATIONS. 41 



HIGHWAY COMMISSION — liOAD FROM FAIR GROUNDS TO BIOLOGICAL 

LABORATORY. 

§ 1 . Appropriates $7,500 00. | § 2. How drawn. 

(House Bill No. 390. Approved June 26, 1913.) 

An Act making an ap'projjHation for paying the State's part in building 

a hard road from the southeast corner of the State fair grounds to the 

State' Biological Laboratory. 

Section 1. Be it enadied 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 State Highway Commission the sum of seven thou- 
sand five hundred dollars for the purpose of defraying the State's part 
of the expenses in constructing a hard road from the southeast corner 
of the State fair grounds to the Illinois State Biological Laboratory 
grounds. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrants for the above amount upon the State Treasurer, upon 
vouchers certified by the State Highway Commission and approved by 
the Governor. 

Approved June 26, 1913. 



HIGHWAY commission — STATE AID ROADS, (1). 

§ 1. Appropriates $400,000 from "road fund" for I § 2. How drawn, 
year 1913-14— xmexpended balance for year 
1914-15. I 

(House Bill No. 679. Approved June 26, 1913.) 

An Act making an appropriation from the road fund for the building 

and maintaining of State aid roads in the several counties of the 
State. 

Section 1. Be it enaated by the People of the State of Illinois, rep- 
presented in the General Assembly : That there be and is hereby appro- 
priated from the road fund to the State Highway Commission for the 
purpose of building and maintaining State aid roads in the several coun- 
ties of the State for the year beginning Julv 1, 1913. and ending June 30, 
1914, the sum of four^hundred thousand dollars ($400,000.00), or so 
much of such sum as may be required : Provided, that any unexpended 
balance which may remain to the credit of the said State Highway Com- 
mission at the close of the year ending June 30, 1914, shall extend over 
and be subject to the order of the said State Highway Commission for the 
purpose of building and maintaining State aid roads in the several 
counties of the Siate during the vear beginning Julv 1, 1914, and end- 
ing June 30, 1915. ' " " 

§ 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 State Highwav Commission signed 
by the president and attested by the secretar}^ of said commission : Pro- 
vided, said order shall be accompanied by a detailed statement showing 
the amounts expended, specifying the purpose of such expenditure and 



43 APPROPRIATIONS. 



clearly distingnishing amounts exjoended for the building from those of 
maintaining State aid roads and showing location as to county and par- 
ticular section or division^ in such count}^, of roads on which such expen- 
ditures are made. 
Approved June 26, 1913. 



HIGHWAY COMMISSION STATE AID ROADS, 1914-15, (2). 

1. Appropriates $400,000 from "road fund" for I §2. How drawn — detailed statement, 
year 1914-15. 

(House Bill No. 894. Appkoved June 27, 1913.) 

An Act making an appropriation, from the road fund for the building 

and maintaining of State aid rouds in the several counties of the 

State. 

Section 1. Be it enabled lij the People of the State of Illinois, rep- 
presented in the General Assembly : That there be and is hereby appro- 
priated from the road fund to the State Highway Commission for the 
purpose of building and maintaining State aid roads in the several 
counties of the State for the year beginning July 1, 1914, and ending 
June 30, 1915, the sum of four hundred thousand dollars ($400,000.00), 
or so much of such sum as may be required. 

§ 2. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrant upon the State Treasurer for the aforesaid 
sums of money upon the order of the State Highway Commission signed 
by the president and attested by the secretary of said commission : Pro- 
vided, said order shall be accompanied by a detailed statement showing 
the amounts expended, specifying the purpose of such expenditure and 
clearly distinguishing amounts expended for the building, from those of 
maintaining State aid roads and showing location as to county and par- 
ticular section or division, in such county, of roads on which such expen- 
ditures are made. 

Approved June 27, 1913. 



highway commissioners — STATE AID ROADS, 1914-15, (3). 
1. Appropriates $300,000 for the year 1914-15. i § 2. How drawn. 

(House Bil No. 608. Approved June 28, 1913.) 

An x\ct making an appropriation for the building and maintaining of 
State aid roads in the several counties of the State. 
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- 
l^riated to the State Highway Commission for the purpose of building 
and maintaining State aid roads in the several counties of tEe State for 
the year beginning July 1, 1914, and ending June 30, 1915, the sum 
of three hundred thousand [dollars] ($300,000.00), or so much of such 
fums as may be required : Pronided, that any unexpended balance which 



APPROPRIATIONS. iJi 



may remain to the credit of the said State Highway Commission at the 
close of the year ending June 30, 1914, shall extend over and be subject 
to the order of the said State Highway Commission for the purpose of 
building and maintaining State aid roads in the several counties of the 
State during the year beginning July 1, 1914, and ending June 30, 
1915. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrants upon the State Treasurer for the afore- 
said sums of money upon the order of the State Highway Commission 
signed by the President and attested by the Secretary of said commis- 
sion: Provided; said order shall be accompanied by a detailed statement 
showing the amounts expended, specifying the purpose of such expendi- 
ture and clearly distinguishing amounts expended for the building from 
those of maintaining State aid roads and showing location as to county 
and particular section or division, in such county, of roads on which 
such expenditures are made. 

Approved June 28. 1913. 



INVESTIGATION — ^MINING COMMISSION. 



§ 1 . Appointment of commission— equal author- 
ity and power of members — purposes. 

§ 2 . Power and authority of commission — seal — 
rules. 

§ 3. Meetings— organization— record of proceed- 
ings. 



§ 4. Report and recommendations— separate re- 
ports and objections — terminal ion of du- 
ties. 

§ 5 . Compensation of members — expenses — em- 
ployees. 



§ 6. Appropriates $10,000— how drawn— printing 
(House Bill No. 710. Approved Jxtoe 21, 1913.) 

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 
appointed by the Governor, together with three qualified men, no one of 
whom shall be identified or affiliated with the interests of either of 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 
Governor. 

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. 



4:4: APPROPRIATIONS. 



§ 2. In making an investigation as contemplated in this Act, said 
commissioners shall have the power to issue subpoenas for the attend- 
ance 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 wilfully 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 u.pon such matters as shall be lawfully required by such 
commissioners ; and the said court shall have the power to punish for 
contempt, 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 the 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 com- 
mission 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 
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 
proceedings. 

Five members of the said commission shall constitute a quorum for 
the transaction of business, but a less number than a quorum may 
adjourn 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 
request of any three members of the said commission signed by them 
and delivered to the secretary, who shall, upon receipt of such request, 
notify each member of said comtnission by mail of such meeting 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 meet- 
ing 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 provision [revision] of coal mining 



APPROPRIATIONS. 45 



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 embodying 
the recommendations of any one or more members of the said commis- 
sion, which said reports shall each set forth in detail the recommenda- 
tion of the commissioner or commissioners signing said report and shall 
embody his or their respective reasons for such recommendation and his 
or their objection to the report of other members of the commission. 

The duties and functions of said commission shall cease and the terms 
of office of the respective commissioners shall terminate upon the 
adjournment of the Forty-ninth General Assembly. 

§ 5. The members of said commission who are coal mine owners and 
coal miners, as aforesaid, shall receive no compensation for their serv- 
ices. 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 incurred 
in and about the actual work of said commission. 

Said commission may appoint a stenographer or clerk and such other 
employees as are necessary and shall fix their compensation and may 
incur such other expenses as are properly incidental to the work of the 
commission. 

§ 6. The sum of ten thousand dollars ($10,000.00), or as much 
thereof as may be necessary, is hereby appropriated for the postage, 
stationery, 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 payment 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 Investigating Commis- 
sion, and testimony taken by it shall be reported in full and may be 
published from time to time by the commission. 

Approved June 21, 1913. 



INVESTIGATION VOTING MACHINES IN CHICAGO. 

§ 1 . Appropriates $10,000 for expenses under H. I § 2 . How drawn. 
J. Resolution No. 23. | 

(House Bill No. 687. Approved June 9, 1913.) 

An Act mahing an appropriation for the necessary expenses to carry out 
the provisions of House Joint Besoluiion Num'ber 23. 
Section 1. Be it enadted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of ten thousand 



46 APPEOPEIATIONS. 



dollars ($10^000), or so much thereof as may be necessary, be and is 
hereby appropriated out of any moneys in the State treasury not other- 
wise appropriated, for the purpose of paying the necessary expenses 
incurred under the provisions of House Joint Eesolution Number 23. 

§ 2. The Auditor of Public Accounts is liereby authorized and 
directed to draw his warrants from time to time for the sum specified, 
upon presentation of proper vouchers, certified by the chairman and 
secretary of the committee appointed under the provisions of House Joint 
Eesolution Number 23, and the Treasurer shall pay the same out of the 
money hereby appropriated. 

Approved June 9, 1913. 



INVESTIGATION — WALLS IN WILL COUNTY. 

§ 1 . Appropriates $5,000 for expenses of commis- 1 § 2 . How drawn, 
sion. 

I § 3. Emergency. 

(Senate BttL No. 455. Appkoved May 9, 1913.) 

An Act making an appropriation for the necessary expenses of the com- 
mission appointed to investigate and inquire into the condition of walls 
in Will county, pursuant to Senate Resolution No. Jf8. 
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 
dollars, or so mucii thereof as may be necessary, is hereby appropriated 
out of any money in the State treasury, not otherwise appropriated, for 
the purpose of defraying expenses of the commission appointed under 
Senate Eesolution No. 48, to investigate and inquire into the conditions 
of walls in Will county. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants, from time to time, for the sum specified, 
upon presentation of the proper vouchers, certified by the chairman, of the 
said committee and approved by the President of the Senate, and the 
Treasurer shall pay the same out of the money hereby appropriated. 

§ 3. Wheeeas, An emergency exists, this Act shall be in full force 
and effect from and after the da}^ and date of its passage. 
Appeoved May 9, 1913. 



investigation AVHITE SLAVE TEAFFIC COMMISSION. 

§ 1. Appropriates $10,000. I § 3. Emergency. 

§ 2 . How drawn. | 

(Senate Bill No. 156. Appeoved Apeil 25, 1913.) 

An Act making an appropriation for the necessary e>xpenses of the com- 
mission appointed to investigate the white slave traffic. 
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 
dollars, or so much thereof as may be necessary, is hereby appropriated 



APPROPRIATIONS. 47 



out of any money in the State treasury^ not otherwise appropriated, for 
the purpose of defraying the necessary expenses of the commission ap- 
pointed under Senate Resolution No. 25, to investigate the white slave 
traffic within the State of Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrants from time to time for the sum specified upon 
presentation of proper vouchers, certified by the chairman of the Com- 
mittee on Contingent Expenses and approved by the President of the 
Senate, and the Treasurer shall pay the same out of the money hereby 
appropriated. 

§ 3. Whereas, An emergency exists, this Act shall be in full force 
and. effect from and after the day and date of its passage. 

Approved April 25, 1913. 



labor commissioners — DEEICIENCY. 
§ 1 . Appropriates S2,675 for certain purposes. I § 3 . Emergency. 
§ 2 . How drawn. I 

(Senate Bill No. 48. Approved May 3, 1913.) 

An Act to provide for a deficiency in office and other expenses of the 
Commissioners of Labor Statistics for the fiscal year ending June SO, 
1913. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the following sums or as 
much thereof as may be necessary, be and is [are] hereby appropriated 
for the purpose of meeting the office and other expenses of the Com- 
missioners of Labor Statistics for the fiscal year ending June 30, 1913 : 

1 Statistician, $150.00 per month '. $510.00 

1 Statistician, $130.00 per month 440.00 

1 Clerk, $130.00 per month 440.00 

1 Stenographer, $85.00 per month 285.00 

1 Messenger and janitor, $66.66 per month 225.00 

Postage and expressage 300.00 

Telephone and toll 70.00 

Traveling expenses. Commissioners of Labor and secretary. . 280.00 

Incidental expenses 125.00 

Total $2,675.00 

§ 2. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrants on the State Treasurer for the sum herein 
appropriated upon presentation of proper vouchers certified to by the 
president and secretary of the Commissioners of Labor Statistics, and 
approved by the Governor, which warrants shall be payable out of any 
moneys in the State treasury not otherwise appropriated. 

§ 3. Whereas, Said sum of money is immediately required, therefor 
[therefore] an emergency exists, and this Act shall take ofi'ect from and 
after its passage. 

Approved Mav 3, 1913. 



48 APPROPRIATIONS. 



LEVEES AT CAIRO, MOUND CITY AND SHAWNEETOWN. 



Preamble. 

1 . Appropriates S339,000 to Rivers and Lakes 
Commission. 



§ 2 . How expended. 
§ 3 . How drawn. 



(Senate Bill No. 666. Approved June 12, 1913.) 

An Act making an appropriation to the Rivers and Lahes Commission 
of Illinois for the purpose of ividening, raising, strengthening , im- 
proving, repairing, building and ■ constructing levees in or around 
certain cities in the State of Illinois. 

Whereas, The city of Cairo, Illinois, is situated at the junction of 
the Ohio and Mississippi rivers and has heretofore constructed seven 
miles of levees around said city for its protection against the high water 
of those rivers; and. 

Whereas, The city of Mound City, Illinois, is situated on the Ohio 
river six miles north of Cairo and is in the same flood plane and affected 
by the high waters of the Mississippi and Ohio rivers to the same extent 
as the city of Cairo and has heretofore constiiicted four miles of levees 
around said city for its protection against the high waters of the said 
rivers; and. 

Whereas, The city of Shawneetown is situated on the Ohio river in 
Illinois and has heretofore built a levee as a necessary protection against 
the high stages of water in the Ohio river ; and, 

Whereas, By reason of the construction by the ISTational government 
of an extensive system of levees on both banks of the lower Mississippi 
river, the channel for conveying the great amount of water which flows 
into that river from its various tributaries has been so narrowed as to, 
at times of exceptional rain fall, greatly retard the flow of water, thereby 
causing it to back up in that river and the Ohio river to such an extent 
that the said cities of Cairo, Mound City and Shawneetown, which had 
heretofore protected themselves from overflow by levees, have found 
those levees inadequate; and. 

Whereas, The said cities have found it necessary to raise, strengthen 
and improve the levees protecting them in order to avoid the destruc- 
tion of those cities and great loss of life ; and, 

Whereas, Those cities have reached or exceeded their taxing power 
under the Constitution of the State in securing the necessary funds to 
construct said levees for their protection and are consequently now un- 
able to raise money by taxation, issuance of bonds or otherwise with 
which to do the necessary work of raising and strengthening the levees; 
and, 

Whereas, Further, in the year 1912, it became necessary for the 
State of Illinois to expend the sum of twelve thousand seven hundred 
and ninety-nine dollars ($12,799.00) in protecting those cities from 
overflow and to save the lives of its citizens ; and, 

Whereas, In the 3^ear 1913. it again became necessary for the State 
to expend the sum of one hundred and forty-six thousand seven bun- 



APPROPRIATIONS. 40 



dred seventy-six dollars ($146,776.00) in aiding in preserving the levees 
and the protection of the said cities from overflow and destruction and 
for rendering aid and assistance to, and in caring for those persons ren- 
dered destitute by reason of the flood conditions affecting those cities; 
and, 

Wheeeas^ It will be necessary each succeeding year for the State to 
incur heavy expense to prevent the destruction of said cities by floods 
and to save the lives of its citizens endangered by reason of the giving 
way or inadequacy of the levees built for protection against overflow; 

Therefore^ For the purpose of aiding the cities named, situated in 
the State of Illinois, in so strengthening, raising and widening the levees 
now around such cities as to secure protection from overflow and thereby 
prevent the annual recurrence of the great expense to the State of Illi- 
nois to save those cities from destruction by floods and consequent desti- 
tution of citizens and probable great loss of life; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there is hereby appropriated 
to the Eivers and Lakes Commission of Illinois the sum of three hun- 
dred and thirty-nine thousand dollars ($339,000) or so much thereof 
as may be necessary to widen, 'raise, strengthen, improve, repair, build 
or construct, as the case may be, levees around the following cities in the 
State of Illinois, for the purpose of furnishing protection from floods 
and overflows of the Ohio and Mississippi rivers and in the following 
amounts, respectively: 

City of Cairo, Alexander county, the sum of $250,000, which sum 
shall be expended for levees wholly within the corporate limits of said 
city. 

City of Mounty City, Pulaski county, the sum of $50,000. 

City of Shawneetown, Gallatin county, the sum of $39,000. 

§ 2. The money hereby appropriated shall be expended by the said 
Eivers and Lakes Commission of Illinois as near as may be in con- 
formity with and in furtherance of general plans and specifications 
which have now or hereafter may be "adopted for widening, raising, 
(strengthening, improving, repairing, building or constructing the levees, 
as the case may be, at the cities named in section 1 of this Act, and for 
the respective sums. 

§ 3. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant from time to time upon the State Treas- 
urer for the moneys herein appropriated upon proper vouchers certified 
by the Eivers and Lakes Commission of Illinois and approved by the 
Governor of the State of Illinois. 

Approved June 12, 1913. 



50 APPROPRIATIONS. 



LEVEES AT VILLAGE OF N-APLES. 

§ 1. Appropriates S3,000 to Rivers and Lakes j § 2. How expended. 
Commission — proviso. | 

I § 3. How drawn. 

(Senate Bill No. 607. Approved June 27, 1913.) 

An Act maJcing an appropriation to the Rivers and Lahes Commission 
of Illinois, for the' purpose of widening, raising, strengthening, im- 
proving, repairing, building, and constructing levees in or around 
the village of Naples, Scott county, 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 there is hereby appropriated 
to the Eivers and Lakes Commission of the State of Illinois the sum 
of three thousand dollars ($3,000) or so much thereof as may be neces- 
sary to widen, raise, strengthen, improve, repair, build or construct, as 
the case may be, the levees at said village of Naples, county of Scott, for 
the purpose of furnishing protection from floods and overflows of the 
Illinois river: 

Provided, that this appropriation is made on the express condition 
that the village of Naples shall appropriate a like amount and expend 
the same for the purposes herein named. 

§ 2. The money hereby appropriated shall be expended by the said 
Eivers and Lakes Commission of Illinois, as near as may be in con- 
formity with, and in furtherance of general plans and specifications, 
which have now or hereafter may be adopted for widening, raising, 
strengthening, improving, repairing, building or constructing the levees, 
as the case may be, at said village of Naples, named in section 1 of this 
Act, and for the respective sums. 

§ 3. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant upon the State Treasurer for the moneys 
herein appropriated, u]3on proper vouchers certified by the Eivers and 
Lakes Commission of Illinois, and approved by the Governor of Illinois. 
Approved June 27, 1913. 



LIVE stock breeders ASSOCIATION. 
§ 1 . Appropriates Sl,500 per annum. I § 3 . How drawn. 

§ 2 . No compensation to any officer. I § 4 . Receipted vouchers— annual report. 

(House Bill No. 717. Approved June 26, 1913.) 

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 



APPROPKIATIONS. 51 



sum, to wit: For printing and distributing reports, programs, postage, 
stationery, expenses of speakers, etc., the sum of fifteen hundred dollars 
($1,500.00) per annum for the years 1913 and 1914. 

§ 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 the same. 

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

§ 4. It shall be the duty of the treasurer of the Illinois Live Stock 
Breeders' Association to pay out of said appropriation, on itemized and 
receipted vouchers, such sums as may be authorized by said organiza- 
tion, 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 26, 1913. 



LIVE STOCK COMMISSIONEES — DEFICIENCY. 
§ 1. Appropriates 17,000. § 3. Emergency. • 

§ 2. How drawn. 

(House Bill No. 297. Approved June 9, 1913.) 

An Act making an appropriation to provide for a deficiency in the 

appropriation for the purchase of hogs necessary for producing serum, 

including labor, feed and all other laboratory ivork and necessary 

supplies. 

Section 1. Be it enacted 'by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of seven thousand 
dollars ($7,000.00), or so much thereof as may be needed, be and is 
hereby appropriated to meet a deficiency in the appropriation for the 
purchase of hogs necessary for producing serum, including labor, feed 
and all other laboratory work and necessary supplies for the State Bio- 
logical Laboratory. 

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

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

Approved June 9, 1913. 



52 APPRO PEIATIONS. 



LOCAL IMPROVEMENTS — MT. VERNON, STREET PAVEMENTS. 

§ 1 . Appropriates $1,528.72. I § 3 . Emergency. 

§ 2 . How drawn. | 

(Senate Bill No. 142. Appeoved May 28, 1913.) 

An Act making an appropriation for street pavements surrounding the 
appellate court. Fourth District of Mt. Vernon. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly : That the sum of $1,528.73 be and 
the same is hereby appropriated to pay for repairs and paving of the 
streets surrounding the appellate court building in the Fourth District 
at Mt. Vernon, Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant, payable to the order of Charles Hutchin- 
son, city collector at Mt. Vernon, -for the sum herein specified, upon 
presentation of proper vouchers from the said Charles Hutchinson, city 
collector, certified to by him 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 
full force and effect from and after the time of its passage. 

Approved May 28, 1913. 



LOCAL IMPROVEMENTS — OTTAV^A, BRIDGE APPROACH. 
§ 1. Appropriates $5,563.11. | §2. How drawn. 

(House Bill No 905. Approved June 30, 1913.) 

An Act to provide for the payment of the cost of the paving of the 
north approach to the Illinois river, with vitrified hrick, J/S feet in 
width, from the bridge to the headrace, said approach being abutted 
on each side, by property oivned and controlled by the State of Illinois, 
and located in the city of Ottawa, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
presented in the General Assembly: That the sum of $5,563.11, or so 
much thereof as may be necessary, is hereby appropriated for the pay- 
ment of the cost of paving the north approach to the Illinois river bridge 
with vitrified brick, 48 feet in width, from the bridge to the headrace, 
said approach being abutted on each side by property owned and con- 
trolled by the State of Illinois, and located in the city of Ottawa, Illinois. 
§ 2. That the Auditor of Public Accounts is hereby required, to draw 
his warrant or warrants on the Treasurer of the State of Illinois, for the 
payment of said sum of $5,563.11, or so much thereof as may be neces- 
sary, out of the sum so appropriated, to liquidate the payment for said 
pavement on the presentation to him of the certificate of the mayor of 
the city of Ottawa, that said paving has been done in a fit and proper 
manner, and approved by the Grovernor. 
Approved June 30, 1913. 



APPROPRIATIONS. 53 



LOCAL IMPROVEMENTS — OTTAWA, SEWER. 
Preamble. I § 2. How drawn. 

§ 1. Appropriates .1286.50. | 

(HouSEiBiLL No. 318. Approved June 20, 1913.) 

An Act to provide for the payment of the cost of part of a local improve- 
ment^ consisting of a sewer in the city of Ottawa, Illinois; said im- 
provement being made by special assessment. 

Whereas, The State of Illinois owns and controls lots three (3), four 
(4) and five (5) in block thirty-eight (38) in State's addition to the 
town (now city) of Ottav^a, Illinois; and 

Whereas, Said lots are within the district recently improved by the 
jDutting in of a sewer; and 

Whereas, The assessment on ■ said lots under warrant No. 7746 
amounts to $286.50; and 

Whereas, The said sewer has materially improved said property of 
said State, and said State should in justice pay its share thereof; there- 
fore, 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of $286.50 is hereby 
appropriated for the payment of the assessment for said sewer. 

§ 2. That the Auditor of Public Accounts is hereby required to 
draw his warrant on the Treasurer of the State of Illinois for the pay- 
ment of said sum of $286.50 to liquidate the payment for said assess- 
ment for said sewer on the presentation to him of the certificate of the 
mayor of the city of Ottawa, that said sewer has been constructed in a 
fit and proper manner. 
Approved June 20, 1913. 



LOCAL improvements — OTTAWA, STREET PAVEMENTS. 
Preamble. I § 2 . How drawn. 

§ 1. Appropriates S550.93. | 

(House Bill No. 316. Approved June 19, 1913.) 

An Act to provide for the payment of the cost of part of a local improve- 
ment of streets in the city of Ottawa, Illinois, by paving; said improve- 
ment being abutted on real property owned and controlled by the State 
of Illinois. 
Whereas, The State of Illinois owns and controls lots thirteen (13) 

and fourteen (14) in block fifty-seven (57) in State's addition to the 

town (now city) of Ottawa, Illinois, upon which is situated the appellate 

court house; and 

Whereas, Parts of the streets upon which said lots abut have been 

improved by a brick pavement by special assessment ; and 

Whereas, The assessment on said lots amounts to five hundred fiftv 

and 93-100 dollars ($550.93) ; and " 



54 APPROPKIATIONS. 



Whereas, The said pavement has materially improved the property 
of said State^ and said State should in justice pay its share thereof; 
therefore. 

Section 1. Be it enacted l)y the People of the State of Illinois, rep- 
resented in the General Assemhly: That the sum of $550.93 is hereby 
appropriated for the payment of the assessment for said street pavement. 

§ 2. That the Auditor of Public Accounts is hereby required to draw 
his warrant on the Treasurer of the State of Illinois for the payment of 
said sum of $550.93, to liquidate the payment for said assessment for 
said pavement on the presentation to him of the certificate of the mayor 
of the city of Ottawa that said paving has hccn done in a fit and proper 
manner. 

Approved June 19, 1913. 



monument JOHN p. ALTGELD, CHICAGO. 

Preamble. ' § .S . Appropriates $25,000. 

§1. Appointment of commissioners— duties . §4. How drawn. 

§ 2. Powers of commissioners— final report. 

(Senate Bill No. 54. Approved May 27, 1913.) 

An Act for the appointmeni of commiissioners and making an appropria- 
tion for the consti'uction and erection of a monument in memory of 
John P. Altgeld, in Chicago, Cook connty, Illinois. 
Whereas, The widespread sentiment in our State in favor of a fitting 
and permanent memorial and tribute to the services of John P. Altgeld, 
as a citizen, volunteer, soldier, lawyer, judge, orator and G-ovemor of 
Illinois, deserves recognition at the hands of the representatives of the 
People of Illinois; and 

Whereas, Such a permanent monument would be but a responsive 
answer to Altgeld's declaration^ "I have given Illinois four of my best 
years and have brought all of my offerings to her altar. Had it been 
necessary. I should have considered life itself a small sacrifice in her 
interest." 

Therefore, The following is proposed : 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: The Governor is hereby authorized 
and empowered to appoint five commissioners, who shall act without 
compensation, and whose duty it shall be to obtain suitable grounds and 
space in one of the public parks or other proper place in and within the 
limits of the city of Chicago, Cook county, in the State of Illinois, for 
the purpose of constructing, erecting and dedicating a suitable memorial 
in the form of a statue, with proper inscription, and to erect such statue 
and monument to the memory of the late John P. Altgeld, former Gov- 
ernor of Illinois. 



APPROPHIATIONS. 



§ 3. Said commissioners shall be empowered to make necessary con- 
tracts and expend all reasonable sums of money in connection with the 
construction, erection and dedication of the memorial provided in section 
1, subject to approval, as hereinafter provided. Upon completion of 
their work, the commissioners shall make a full report to the Governor 
of their doings under this Act. 

§ 3. For the purposes of carrying out the provisions of this Act, the 
sum of twenty-five thousand dollars ($25,000), or so much thereof as 
shall be necessary, is hereby appropriated to pay the costs and expenses 
of the procurement, erection and dedication of the aforementioned mem- 
orial statue and monument. 

§ 4. The Auditor of Public Accounts is hereby authorized, empowered 
and directed to draw warrants on the State Treasurer for the payment of 
all expenditures, necessary to carry out the provisions of this Act, as 
herein provided, upon presentation to him of proper vouchers therefor, 
certified to by the said commissioners and by and with the approval of 
the Governor. 

Approved May 27, 1913. 



MONUMENT- — ANDEESONVILLE COMMISSION REPORT, PRINTING. 
§ 1 . Appropriates S600 for printing report. j § 3 . Emergency. 

§ 2 . How drawn. 1 

(Senate Bill No. 333. Approved June 21, 1913.) 

An Act appropriating six hundred dollars for printing the report of 
the lUinois-AndersonviUe Monument Commission. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of six hundred dollars, 
or as much thereof as may be necessary, is hereby appropriated to pay 
for the printing of the report of the Illinois- Andersonville Monument 
Commission, said commission to be authorized to carry on the work by 
and with the consent of the Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant on the Treasurer, for the payment of said amount, or so 
much thereof as may be necessary for printing said report, on presenta- 
tion of proper vouchers, certified to by the president and secretary of 
said commission and approved by the Governor. 

§ 3. Whereas^ An emergency exists, therefore this Act shall be in 
force from and immediately after its passage. 

Approved June 21. 1913. 



56 APPEOPKIATIONS. 



MONUMENT — THOMAS CARLIN, AT CAREOLLTON. 
1. Appointment of commission. I §3. Appropriates $5,000. 

§2. Powers and duties— report. I §4. How drawn. 

(Senate Bill No 683. Approved June 26, 1913.) 

An Act for the appointment of commissioners and making an appro- 
priation for the construction and erection of a monument in memory 
of a former Governor, Thomas Carlin, at Carrollton, Illinois. 
Whereas, The remains of Thomas Carlin^ a former Governor of the 
State of Illinois, lie buried in a cemetery at Carrollton, Illinois, with 
no suitable stone or monument marking his grave, and 

Whereas, The patriotic deeds and conduct of the said Thomas Car- 
lin, as a pioneer of the State, a sheriff, a State Senator, a Governor and 
a citizen, have given his memory such distinction that it is both fitting 
and proper that the people of the State of Illinois should honor his 
memory and show its appreciation of his valued services to the State by 
erecting a permanent monument with a suitable inscription at his grave. 
Therefore, The following is proposed: 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: The Governor is hereby authorized 
and empowered to appoint five commissioners, who shall act without 
compensation and whose duty it shall be to purchase, erect and dedicate 
a suitable monument, with proper inscription thereon, to the memory 
of Thomas Carlin, at the cemetery in Carrollton, Illinois, Avhere his re- 
mains now lie buried. 

§ 2. Said commissioners shall be empowered .to make all necessary 
contracts and expend all reasonable sums of money in connection with 
the purchase, erection and dedication of said monument provided in 
section 1 of this Act, subject to approval, as hereinafter provided. Upon 
the completion of their work the said commissioners shall make a full 
report to the Governor of their acts and doings under this Act. 

§ 3. For the purpose of carrying out the provisions of this Act, the 
sum of five thousand dollars ($5,000.00), or so much thereof as shall 
be necessary, is hereby appropriated to pay the costs and expenses of the 
procurement, erection and dedication of the said monument. 

§ 4. The Auditor of Public Accounts is hereby authorized, em- 
powered and directed to draw warrants on the State Treasurer for the 
payment of all expenditures necessary to carry out the provisions of this 
Act, as herein provided, upon presentation to him of proper vouchers 
therefor, certified to by the said commissioners and by and with the 
approval of the Governor. 
Approved June 26, 1913. 



APPROPEIATIONS. 5'*' 



MONUMENT — STEPHEN A. DOUGLAS, STATUE AT CAPITOL, 



§ 1 . State Art Commission to seciire designs . § 3 . Appropriates $1,000— how drawn. 

§ 2. Report and recommendations — limitation of 
of cost. 

(Senate BaL No. 654. Approved June 21, 191.3.) 

An Act to make provision for the erection of a statue of Stephen A. 

Douglas on the Capitol grounds, and to make an appropriation 

therefor. 

Section 1. B& it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the State Art Commission is 
hereby authorized and empowered to secure designs for a bronze statue 
of Stephen A. Douglas, to be erected on the Capitol grounds, of size and 
proportions suitable to the location. 

§ 2. From the designs secured, the commission shall select the one 
which it shall deem most artistic and appropriate, and shall prepare a 
careful estimate of the total cost of making and erecting the same, the 
complete cost of which shall not exceed twenty-five thousand dollars 
($35,000.00), and shall make a complete report to the Governor, who 
shall submit the report of the commission to the Forty-ninth General 
Assembly, together with his recommendations thereon. 

§ 3. To carry out the provisions of this Act, the sum of one thou- 
sand dollars, or so much thereof as may be needed, is hereby appro- 
priated, and the Auditor of Public Accounts is authorized to draw war- 
rants on the State Treasurer for the payment of the necessary expendi- 
tures upon presentation of proper vouchers therefor, certified to by the 
president and secretary of the State Art Commission, by and with the 
approval of the Governor, 

Approved June 21, 1913." 



monument^ — FT. EDWAEDS, AT V^AESAW. 
Preamble. I § 2. Appointment of commission. 

§ 1 . Appropriates $2,500— location. I § 3 . How drawn. 

(Senate Bill No. 439. Appeoved June 27, 1913.) 

An Act making an appropriation for the erection of a monument in 

Fort Edwards. 

Whereas, The year 1914 marks the centennial anniversary of the 
establishment of Fort Edwards in the second war with Great Britain, 
or the war of 1812, which fort was erected by Capt. Zachary Taylor, 
afterwards President of the United States, which centennial is to be 
fittingly celebrated by the people of Warsaw and Western Illinois ; and 

Wheeeas, Said fort was named in honor of the then Territorial 
Governor, Ninian Edwards, who subsequently became the first chief 
executive of the State; and 

Wheeeas, It is fitting that the historical spots of the State, should 
be appropriately marked, ere they are lost in legendary lore ; and 



o8 APPROPRIATIONS. 



Whereas, The location of Fort Edwards is one of the most picturesque 
along the Mississippi river, overlooking three states, of Illinois, Iowa and 
Missouri, with a grand sweep of the stream, while the Des Moines river 
empties therein at a point just opposite, making it an ideal site for a 
monument ; 

Therefore, The following is proposed : 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in UHe General AssemMy: That there be, and hereby is appro- 
priated, the sum of twenty-five hundred dollars, or so much thereof as 
may be necessary, to be expended in the construction and erection of a 
suitable monument commemorating the establishment of Fort Edwards, 
built by one who became President of the United States, and named in 
honor of the State's first Governor; said monument to be erected on an 
eminence on the East bank of the Mississippi river, in the city of War- 
saw, on the site of said fort. 

§ 2. The design, construction and erection of said monument shall 
be under the supervision and construction of a commission of five mem- 
bers, not more than three members to be of any one political party, to 
be appointed by the Governor, who shall serve without pay, except for 
their actual expenses. 

§ 3. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants for the sum of twenty-five hundred dollars, 
or so much thereof as may be necessary, upon vouchers certified to by at 
least three members of the said commission, and approved by the 
Governor, and the Treasurer is authorized to pay the same out of any 
money not otherwise appropriated. 

Approved June 27, 1913. 



MONUMENT KENESAW MOUNTAIN BATTLEFIELD. 

Preamble. 1 § 2. Appointment of oommissioners— report. 

§ 1. Appropriatesunexpended balance of $20,000. j § 3. How drawn. 

(House Bill No. 898. Approved June 26, 1913.) 

An Act mahing an appropriatio7i for the erection of a monument on the 
battlefield of Kenesaw Mountain, Georgia. 

Whereas, The Third Brigade, Second Division, of the Fourteenth 
Army Corps, together with other troops, made a charge upon the Con- 
federate intrenchments at Kenesaw Mountain, Georgia, on the 27th day 
of June, 1864; and 

Whereas, Said charge was a most desperate one and probably unparal- 
leled in history ; and 

Whereas, Said Third Brigade was largely composed of Illinois troops, 
conspicuous for their courage and gallantry; and 

Whereas, A corporation has been organized and incorporated under 
the laws of the State of Illinois for the purpose of the erection of a suit- 
able monument to the memory of the men of said brigade who died on 
I hat bloody field; and 



APPROPRIATIONS. 



59 



Whereas, Said corporation is known as "The Kenesaw Memorial 
Association" and has purchased and now owns the land upon which said 
charge was made and intends to convey same to the Federal government' 
to be perpetuated as a public park ; and 

Whereas, It is a patriotic duty for the people of this State to keep in 
perpetual remembrance the heroism of our fallen soldiers ; now, therefore, 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in. the General Assembly : That there be and is hereby reappro- 
priated to the Kenesaw Memorial Association the unexpended balance 
of the twenty thousand dollars ($20,000.00) appropriated by the Forty- 
seventh General Assembly to be used for the erection of a monument on 
the battlefield of Kenesaw Mountain, Georgia, to the memory of the Illi- 
nois soldiers who died there on the 27th day of June, 1864. 

§ 2. That for the purpose of carrying out the provisions of this Act, 
the Governor shall appoint three officers of the Kenesaw Memorial Asso- 
ciation who shall be commissioners and shall make full report to the 
Governor of their acts and doings hereunder, who shall receive no com- 
pensation for their services. 

§ 3. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrants on the Treasurer on the presentation of proper 
vouchers certified by said commissioners and approved by the Governor 
to the full amount of this appropriation. 

Approved June 26, 1913. 



monument — ABRAHAM LINCOLN, STATUE AT CAPITOL. 



§ 1 . State Art Commission to secure designs. 

§ 2. Preliminary arrangements— unveilng in 
1918. 



§ 3 . Report to Governor and General Asf embly. 
§ 4 . Appropriates 510,000 — how drawn. 



(Senate Bill No. 249. Approved May 27, 1913.) 

An Act to mal-e provision for the erection of a statue of Abraham Lin- 
coln on the Capitol grounds, and to make an appropriation therefor. 
Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the State Art Commission is 
hereby authorized and empowered to secure designs for a bronze statue 
of Abraham Lincoln, to be erected on the Capitol grounds, directly in 
front of the Capitol, at the east entrance thereof, facing toward Capitol 
avenue, of size and proportions suitable to the location. 

§ 2. The commission is authorized to secure the services of the best 
artists, and to do all things necessary and proper to carry out the intent 
and purposes of this Act, which is hereby declared to be the making of 
peliminary [preliminary] arrangements j for the erection, in a most 
prominent position on the grounds of the State Capitol, of a statu'^ 
worthy of Illinois and of her most illustrious son, the unveiling of , which 
shall be a particular feature of the Illinois Centennial in 1918. 

§ 3. From the designs secured, the commission shall select the one 
which it shall deem most artistic and appropriate, and shall prepare a 



60 APPROPRIATIONS. 



careful estimate of the total cost of making and erecting the statue, and 
shall make a complete report to the Governor, who shall submit the 
report of the commission to the Forty-ninth General Assembly, together 
with his recommendations thereon. 

§ 4. To carry out the provisions of this Act, the sum of ten thousand 
dollars, or ,so much thereof as may be needed, is hereby appropriated, and 
the Auditor of Public Accounts is authorized to draw warrants on the 
State Treasurer for the payment of the necessary expenditures, upon 
presentation of proper vouchers therefor, certified to by the president 
and secretary of the State Art Commission, by and with the approval of 
the Governor. 

Approved May 37, 1913. 



MONUMENT — PERRY S VICTORY, PUT-IN-BAY, OHIO. 

§ 4. Fund for expenses and employees. 
§ 5. Cooperation with similar commissions. 
§ 6. Reports to Governor. 
§ 7. Emergency. 
(House Bill No. 756. Approved June 23, 1913.) 



§ 1. Appropriates S50,000 for expenses of com- 
mission and towards erection of memorial. 

§2. How disbursed. 

§ 3 . State not to incur debt, etc. 



An Act making an appropriation for the payment of the expenses of the 
Petry's Victory Centennial Celebrakion Commission of Illviois, and the 
participation of the State of Illinois in the erection of a contemplated 
memorial at Put-In-Bay, Ohio, in commemoration of the victory of 
Com^modore Oliver Hazard Perry on Lake Erie, and in the centennial 
celebration thereof, 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 there is hereby appropriated 
out of any funds in the State treasury not otherwise appropriated, the 
sum of fifty thousand dollars ($50,000.00), to be used in the payment of 
the expenses of the commission appointed to represent the State of Illi- 
nois in the Perry's Victory Centennial Celebration to be held in the year 
1913, and towards the erection of a memorial in commemoration of the 
victory of Commodore Oliver Hazard Perry on Lake Erie. 

§ 2. The said fifty thousand dollars ($50,000.00) or such part there- 
of as shall be necessary, shall be disbursed, upon certified vouchers ap- 
proved by the president and treasurer of Perry's Victory Centennial 
Commission of Illinois, which commission shall receive as a proper 
voucher, or as proper vouchers, the receipt or receipts of the treasurer 
general of the interstate board of the Perry's Victory Centennial Com- 
missioners for the funds turned over to said board by it, to aid in the 
erection of the said permanent memorial monument and otherwise in 
aiding and promoting the success of said centennial celebration. 

§ 3. The making of the appropriation provided for in section 1 of 
this Act shall in no way operate by implication or otherwise to require 



APPROPRIATIONS. 61 



the State of Illinois to incur any debt or obligation in the erection of 
such memorial or in connection with said celebration aside from the sum 
of fifty thousand dollars ($50,000.00) thus appropriated. 

§ 4. From the said, sum of fifty thousand dollars ($50,000.00) so 
appropriated, the said Perry's Victory Centennial Commission of Illinois 
may devote a sum not to exceed five thousand dollars ($5,000.00) for 
their actual necessary expenses in connection with their work, including 
the hire of such secretarial and clerical assistance as may be necessary in 
their judgment, provided the said commission shall receive no compen- 
sation, other than their actual and necessary expenses in attending their 
official duties. 

§ 5. In the disbursement of the appropriation herein provided for, 
the said Perry's Victory Centennial Commission of Illinois shall act in 
conjunction with such similar commissions as have been and may be 
appointed by other participating states and by the National government 
and which may henceforth cooperate in holding such centennial celebra- 
tion and in erecting such permanent memorial monument. 

§ 6. The said Perry's Victory Centennial Commission of Illinois 
shall make a report to the Governor of Illinois, as often as required by 
him, of the. action and progress of said commission, and such other 
matters pertaining to such proposed celebration as may ,be of interest 
to the people of the State of Illinois, and upon the conclusion of said 
celebration and the completion of such memorial monument, the said 
commission shall present their final report. 

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

Approved June 23, 1913. 



MONUMENT — SOLDIERS OF 1813, BRONZE TABLET AT SPRINGFIELD. 
I 1 . Appointment of commissioners— duties. I § 2 . Appropriates $1,200— how drawn. 

(House Bill No. 346. Approved June 21, 1913.) 

An Act making an appropriation for the making and placing of a bronze 

tablet to the memory of the Illinois soldiers of the ivar of 1812 in 

Memorial hall at Springfield, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the Governor be and he is 
hereby authorized and empowered to appoint three commissioners who 
shall act without compensation, and whose duty it shall be to arrange 
for the designing, construction and erection in Memorial hall at Spring- 
field, Illinois, of a suitable bronze tablet to the memory of the Illinois 
soldiers of the war of 1812. 

§ 2. For the purpose of defraying the cost of designing, construct- 
ing and erecting such memorial tablet there is hereby appropriated the 
sum of twelve hundred dollars, or so much thereof as may be necessary. 
The Auditor of Public Accounts is hereby authorized and directed to 



62 APPROPRIATIONS. 



draw his warrants on the Treasurer on the presentation of proper 
vouchers certified by said commissioners and approved by the Grovernor 
for the amount of such appropriation. 
Approved June 21, 1913. 



NATIONAL GUARD AND NAVAL RESERVE. — ARMORY, 2d REGIMENT, CHICAGO. 

§ 1 . Sale and conveyance of old building and i § 2 . How drawn, 
lands— appropriation of proceeds towards 
new armory. 

(House Bill No. 891. Approved June 21, 1913.) 

An Act making an appropriation of the proceeds of the sale of the 
building and lands now oivned hy the State of Illinois and used for an 
armory hy the Second Regiment, Illinois National Guard. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That when the Governor and the 
Adjutant General shall have sold and conveyed all the right, title and 
interest of the State of Illinois, in and to the building and lands now 
owned by the State of Illinois, and used for an armory by the Second 
Eegiment, Illinois National Guard, as authorized by the provisions of 
an Act entitled, "An Act providing for the sale and conveyance of all 
the right, title and interest of the State of Illinois, in and to the building 
and lands now owned by the State of Illinois, and used for an armory 
by the Second Eegiment, Illinois ISTational Guard," approved June 9, 
1911, in force July 1, 1911, and when the purchase price thereto shall 
have been covered into the State treasury, as provided by section 4 of 
said Act, the sum so received for the sale of such building and land, 
and so covered into the State treasury, shall be and is hereby appro- 
priated for the construction of a new armory for the Second Eegiment, 
Illinois National Guard, as now authorized by law. The sum hereby 
appropriated shall be in addition to any sum or sums heretofore or here- 
after appropriated for the construction of such armory for such Second 
Eegiment, Illinois National Guard. 

§ 2. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant [s] on the Treasurer, for the sums herein 
specified, upon presentation of proper vouchers certified to by the Adju- 
tant General and approved by the Governor, and the Treasurer shall 
pay the same out of the moneys hereby appropriated. 
Approved June 21, 1913. 



APPROPKfATIONS. (5.'^ 



NATIONAL GTTAIU) AND NAVAL MILITIA— ARMOHY, 8tH INFAMTIiV. 

CHICAGO. 

Prcaml)le. 



§ 2. How drawn. 

§ 1 . Payment by city of Chicago— reappropriates 
S19,530 towards new armory. 

(House Bill No. 621. Approved June 21, 1913.) 

An Act appropriating to the Armory Commission the moneys paid into 

the State treasury by the city of Chicago on account of the purchase 

of a tract of land heretofore conveyed to the Armory Commission for 

an armory site for the use of the Eighth Infantry, Illinois National 

Guard. 

Whereas^ By virtue of an Act entitled, "An Act in relation to pro- 
curing of sites and for the erection of armor}' buildings for the use of 
the Illinois National Guard and Illinois Naval Eeserve, and making 
an appropriation therefor/^ approved June 9, 1911, in force July 1, 
1911, an appropriation of $100,000 was made for the acquisition of 
land and for the erection of an armory for the use of the Eighth In- 
fantry, Illinois ISTational Guard; and 

Whereas^ The Armory Commission created by said Act, acting under 
the powers conferred by said Act, selected as a site ior said armory for 
said Eighth Infantry, Illinois National Guard, a piece, parcel or tract 
of ground contiguous to a school in the city of Chicago known as the 
Doolittle school, and on the 7th day of March, 1912, A. D. 1912, ac- 
quired title thereto in the name of the People of the State of Illinois, 
by warranty deed of that date and paid as a consideration, therefor the 
sum of eighteen thousand six hundred and seventy-four dollars and 
sixty-six cents ($18,674.66) ; and • 

Whereas, Said Armory Commission incurred and paid for the prep- 
aration of plans for an armory on said site the sum of seven hundred 
and fifty dollars ($750) ; and 

Whereas, It was a mutual convenience for the State of Illinois to 
abandon the erection of an armory building on the site so selected and 
purchased and for the city of Chicago, for the use of schools, to acquire 
the site so procured by the State of Illinois for armory purposes as 
aforesaid; and 

Whereas, Said Armory Commission, acting for and on behalf of 
the State of Illinois, and the board of education of the city of Chicago, 
acting for and on behalf of the city of Chicago, have ■ entered into a 
tentative agreement in and by which the State of Illinois, through the 
General Assembly, will sell and convey, and the city of Chicago, for 
the use of schools, will acquire and purchase the site so selected and 
acquired by said Armory Commission and will pay therefor the sum 
of nineteen thousand four hundred and twenty-four dollars and sixty- 
six cents ($19,424.66) ; and 

Whereas, By an Act entitled, '^'An Act providing for the sale and 
conveyance of all the right, title and interest of the State of Illinois in 
and to certain lands in the city of Chicago purchased by the State for 



64 AtPEOtRIATlOIfS. 



an armory site for the Eighth Infantry, Illinois National Guard," passed 
by this General Assembly, it is provided that said tentative agreement 
be and the same is hereby ratified and confirmed; and 

Wheeeas^ Pursuant to said last above mentioned Act, the city of 
Chicago will pay into the treasury of the State of Illinois the sum of 
nineteen thousand five hundred and thirty dollars ($19,530) on account 
of the purchase by the city of Chicago of the land mentioned and de- 
scribed in said Act; therefore, 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That whenever the city of Chicago 
pays into the State treasury the sum of nineteen thousand five hundred 
and thirty dollars ($19,530) for and on account of the purchase of the 
following described tract, piece, or parcel of land, to wit : 

Lots three (3) to seven (7), all inclusive, in Vandervoort's subdivi- 
sion of lots one (1) and two (3), in block four (4) of James E. Ellis' 
West Addition to Chicago, in the southeast quarter (S. E. ^) o| section 
thirty-four (34), township thirty-nine (39) North, range fourteen (14) 
East of the Third Principal Meridian; said property having a frontage 
on East Thirty-fifth street, of one hundred twenty-five (135) feet, by 
a depth of two hundred thirty-one (331) feet, more or less, situated 
in the city of Chicago; county of Cook and State of Illinois; the said 
sum of $19,434.66 shall be, and the same is hereby reappropriated to 
the Armory Commission, to be used in assisting in the erection and 
construction of the armory for the Eighth Infantry, Illinois National 
Guard. 

§ 3. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant on the Treasurer for the sums herein appro- 
priated upon the presentation of proper vouchers, certified by the Adju- 
tant General, and approved by the Governor. 

Approved June 21^ 1913. 



NATIONAL GUAED AND NAVAL RESERVE — ARMORY BUILDINGS, 
COMPLETION. 

§1. Appropriates $135,000. I § 2. How drawn. 

(House Bill No. 848. Appkoved June 25, 1913.) 

An Act making an appropriation of additional sums for the completion 
of armories now under construction. 
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 one hundred and thirty-five thousand dollars 
($135,000) for the completion of armories now under construction and 
authorized by an Act entitled, "An Act in relation to procuring of sites 
and for the erection of armory buildings for the use of the Illinois 
National Guard and Illinois Naval Eeserve, and making an appropria- 



APPROPRIATIONS. 



65 



tion therefor/' approved June 9, 1911, in force July 1, 1911. The 
appropriation hereby made shall be used for the completion of armories 
now under construction, as follows : 

Second Infantry $100,000 

Quincy Armory 20,000 

Woodstock Armory ; 5,000 

Aurora Armory 10,000 

Total $135,000 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sum herein speci- 
fied, upon the presentation of proper vouchers, certified to by the 
Adjutant General and approved by the Governor, and the Treasurer shall 
pay the same out of any moneys not otherwise appropriated. 
Approved June 25. 1913. 



NATIONAL GUARD AND NAVAL RESERVE ARMORY BUILDINGS AND SITES. 



§ 5 . Purchase of sites and buildings at Kewanee 
and Morrison — title in State. 

§ 6. Appropriates S325,000 for sites and arm- 
ories. 

§ 7 . How drawn. 



§ 1. Commission created. 

§ 2. Officers of coromission. 

§ 3 . Duties of commission— titles in State. 

§ 4 . Title of sites in State — supervision of con- 
struction, etc. — contracts. 

(House Bill No. 849. Approved June 28, 1913.) 

An Act in relation to procuring of sites and for the erection of armory 
buildings for the use of the Illinois National Guard, and making an 
appropnation therefor and for the pwchase of sites and armory build- 
ings at Eeivanee, and Morrison, Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That a commission, consisting of 
the Adjutant General, division commander and the regimental com- 
manders of the organizations for which armories are to be erected, as 
hereinafter provided for in this Act, is hereby constituted, with full 
power to carry out the provisions of this Act, as hereinafter set forth. 
§ 2. It shall be the duty of the commission named in section 1 of 
this Act to meet and organize, as soon as practicable after the taking 
effect of this Act, by electing out of their number a president and another 
secretary. 

§ 3. It shall be the duty of said commission to select suitable sites, 
and procure in the name of the State of Illinois, title to each of the 
sites so selected, for the erection of armories for the use of the following 
respective organizations of the Illinois National Guard : 

(1) First Cavalry, Chicago. 

(2) Third Infantry, Ottawa. 

—5 L 



66 APPROPRIATIONS. 



[3] Sixth Infantry^ Galesburg. 

[4] Sixth Infantry, Moline. 

[5] Third Infantry, Kankakee. 

All title deeds shall be filed in the office of the Secretary of State. 

§ 4. After said commission shall have selected sites for the erection 
of the respective armories above provided for in section 3 of this Act, 
and acquired, in the name of the State of Illinois, title to such respective 
sites so selected, it shall be the duty of said commission to exercise the 
general management, control and supervision of all matters pertaining 
to the erection and construction of said armories, and shall make and 
let all contracts necessary fully to construct, build and erect such 
armories. 

§ 5. The said commission shall be emjDOwered to purchase sites and 
armory buildings at Kewanee and Morrison, Illinois, and to secure title 
therefor in the name of the State of Illinois. 

§ 6. In order to carry out the provisions of this Act there is hereby 
appropriated the following sums for securing sites and for the erection 
of the respective armories ; that is to say : 

(1) First Cavalry, Chicago $225,000 

(2) Third Infantry, Ottawa 30,000 

[3] Sixth Infantry, Galesburg 50,000 

[4] *Sixth Infantry, Moline [vetoed] 50,000 

[5] *Third Infantr\^, Kankakee [vetoed] 40,000 

[6] For the purchase of sites and armory building at 

Kewanee, Illinois 20,000 

[7] *ror the purchase of sites and armory building at Mor- 
rison, Illinois [vetoed] 20,000 

Total [$325,000] [$]435,000 

§ T. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant [s] on the Treasurer for the sums herein 
specified upon the presentation of proper vouchers, certified to by the 
Adjutant General, and approved by the Governor, and the Treasurer 
shall pay the same out of any moneys not otherwise appropriated. 
Approved June 28, 1913.' 

* I hereby certify that the foregoing Act, as printed above, except the words and figures in brackets ' 
is a correct copy of House Bill No. 849, as enrolled and submitted to the Governor for his approval' 
The items marked with a star (*), to wit: "Sixth Infantry, Moline, 50,000;" "Third Infantry, Kanka' 
kee, 40,000," and "For the purchase of sites and armory building at Morrison, Illinois, 20,000," as 
printed above, were vetoed by the Governor, by which action the total appropriation to the commis- 
sion, for the pm-poses stated in this Act, is reduced from S435,000, as printed above, to S32i,000. 

Harry Woods, 

Secretary of State. 



APPROPIMATIOXS. 67 



NATIONAL GUARD AND NAVAL RESERVE ARMORY BUILDINGS AND SITES, 

BALANCES UNEXPENDED. 

§ 1 . Reappropriates unexpended balances— how drawn. 

(House Bill No. Sol. Approved June 27, 1913.) 

An Act io reappro<pnate the unexpended balance of appropriations made 
hy an Act entitled, "An Act in relation to procuring of sites and for 
the erection of armory buildings for the use of tUe Illinois National 
Guard and Illinois Naval Reserve, and making an appropriation there- 
for" approved June 9, 1911, in force Jidy 1, 1911. 
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 the unexpended balance of the appropriations made for the 
several purposes specified in section 5 of an Act entitled, "An Act in 
relation to procuring of sites and for the erection of armory buildings 
for the use of the Illinois National Guard and Illinois Naval Eeserve, 
and making an appropriation therefor/' approved June 9, 1911, in force 
July 1, 1911, the appropriation hereby made being for the several pur- 
poses expressed in said Act, to be paid out of the State treasury for 
said purposes, and in the manner in said Act provided. The appropria- 
tions hereby made shall be in addition to any appropriation heretofore 
or hereafter made for said purposes respectively. 
Approved June 27, 1913. 



NATIONAL GUARD AND NAVAL RESERVE-:-FLOOD EMERGENCY EXPENSES. 

§ 1. Appropriates S58,291.12 as ergency fund § 2. How drawn, 
to Governor. 

§ 3. Emergency. 

(House Bill No. 788. Approved June 19, 1913.) 

An Act to provide for the emergency expenses. ,of the Illinois Naiiional 

Guard and the Illinois Naval Eeserve incurred in the protection of life 

and property in the flooded territories of. the State. 

Section 1. Be it ena.cted by the People of the State of Illinois, rep- 
resented in the General Assembly : That the sum of $58,291.12 is hereby 
appropriated as an emergency fund, to be used by the Governor to pay 
the expenses of the Illinois National Guard and the Illinois Naval Ee- 
serve, contracted by reason of the , necessary use of the Illinois National 
Guard and Illinois Naval Eeserve in the protection of life and property 
in the recently flooded sections 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 direc- 
ted to draw his warrant for the sum herein specified, upon the presenta- 
tion of proper itemized vouchers, certified to by the .Adjutant General 
and approved by the Governor, and the Treasurer shall pay the same out 
of the money herewith appropriated. 

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

Approved June 19, 1913. 



APPROPRIATIONS. 



NATIONAL GUARD, AND NAVAL RESERVE — FLOOD RELIEF INDEBTEDNESS. 

§ 1 . Appropriates $52,000. i § 2 . How drawn— emergency. 

(House Bill No. 789. Approved June 19, 1913.) 

An Act to provide appropriation for 'the purpose of defraying the indeb- 
tedness incurred on the part of the State in furnishing relief to the 
people Jiving in those sections of the State recently visited hy devast- 
ating floods. 

Section 1. Be it enacted by the People of the State of Illinois^, rep- 
resented in the General Assembly: That the sum of $52^,000 or so much 
thereof as may he necessary, is hereby appropriated for the purpose of 
defraying the indebtedness incurred on the part of the State in furnish- 
ing relief to the people living in those sections of the State recently 
visited by devastating floods. 

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

Whereas, An emergency exists; therefore, this Act shall be in force 
from and after the date of its passage and approval. 
Approved June 19, 1913. 



NATIONAL GUARD AND NAVAL RESERVE ORDINARY AND CONTINGENT. 

I 1. Appropriates $389,917 per annum for ordin- I § 2. How drawn, 
ary expenses and $50,000 as emergency 
fund. I' 

(House Bill No. 622. Approved June 25, 1913.) 

An Act to provide for the ordinary and contingent expenses of the Illi- 
nois 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 eighty-nine 
thousand, nine hundred seventeen dollars ($389,917.00) 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 ISTaval Eeserve : , 

Transportation, subsistence, camp pay, officers and men under 

orders $167,917.00 

Horse hire and forage. 15,000.00 

Medical supplies, fuel for camp, coal , for steaming U. S. 
Dubuque, 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 



APPEOPEIATIONS. 69 



Lighting camp, laundering bed sacks and blankets, tele- 
phones, general repairs and incidentals $ 3,500.00 

Target practice, ammunition, transportation^ repairs and gen- 
eral expense on rifle range 37,500.00 

Civilian employees 10,000.00 

Horses for drills 7,000.00 

Armory rents, water, light, fuel, janitor service, incidentals 

necessary to maintenance of armories 130,000.00 

Miscellaneous expenditures ^ 5,500.00 

Total $389,917.00 

That the further sum of fifty thousand dollars ($50,000.00) is hereby 
appropriated as an emergency fund to be used by the Governor m case 
of emergency when the Illinois National Guard or Illinois Naval Ee- 
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 I or paid except upon the express order of Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrant for the sum herein specified, upon the presenta- 
tion of proper vouchers, .certified to by the Adjutant General and ap- 
proved by the Governor, and the Treasurer shall pay the same out of the 
money hereby appropriated. 



Approved June 25, 1913. 



NATIONAL GUARD AND NAVAL RESERVE UNIFORMS, ARMS AND 

EQUIPMENT. 

§ 1. Appropriates $12,000. I § 2. How drawn. 

(House Bill No. 619. Appeoved June 27, 1913.) 

An Act to- provide for the care, repair, preservation and maintenance of 

uniforms, arms and equipment of the Illinois National Guard and the 

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 $12,000.00, or so 
much thereof as may be necessar}^, is hereby appropriated to pay for the 
care, repair, preservation and maintenance of uniforms, arms and 
equipment of the Illinois National Guard and the Illinois Naval 
Reserve. 

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

Approved June 27, 1913. 



70 



APPROPRIATIONS. 



NEGRO EMAjSrCIPATIOiSr CELEBRATION COMMISSION. 



§ 1. Commission created — objects of exhibition 
and celebration — no compensation to com- 
mission — expenses and employees — sec- 
retary — powers and duties. 

§ 2 . Appropriates S25,000 — allowance for compil- 
ation — how drawn. 



§ 3. Organization of commission— notice— ap- 
proval and payment of warrants. 

§ 4 . Reports to Governor. 

m 

§ 5 . No indebtedness in excess of appropriation. 



(House Bill No. 919. . Approved June 27, 1913.) 

An Act providing for an exhibition and celebration ta commemorate 
the fiftietlir anniversary of the emancipation of the negro, creating a 
commission to conduct same and making an appropriation therefor. 
Section 1. Be it enacted iy the People of the State of Illinois, rep- 
resented in the General Assembly: That there is hereby created a com- 
mission, to consist of the Governor, and eight persons, residents of the 
State of Illinois, two of whom shall be members of the Senate and two 
of the House of Eepresentatives in the State of Illinois ; all of whom 
shall be appointed by the Governor, to arrange for and conduct during 
the year 1915 at a place to be selected by said commission, an exhibition 
and celebration to commemorate the fiftieth anniversary of the freeing 
of the negro from slavery. Such exhibition and celebration shall be so 
conducted as to show the industrial, educational and religious progress 
of the negro inhabitants of this commonwealth. The commission shall 
serve without compensation, but shall be allowed such expenses for 
traveling, clerical help, stenographers and necessary employees as shall 
be actually and necessarily incurred in the performance of its duty : 
Provided, however, that the secretary of said commission, who shall be 
elected by said commission, and who may or may not be a member of 
said commission, shall receive such reasonable compensation as shall be 
determined u|)on and fixed by said commission. Said commission shall 
have full power and authority to collect, maintain and properly house 
said exhibit, and pay the expenses thereof. 

§ 2. To carry out the purposes of this Act the sum of twenty-five 
thousand dollars, or so much thereof as may be necessary, is hereby 
appropriated. That the said commission shall be allowed the use of the 
twenty-five thousand dollars thus appropriated, a sum not to exceed 
three thousand dollars for the collection and printing for free distribu- 
tion a suitable compilation showing the progress thus far achieved by 
the negroes of Illinois during the past fifty years. All payments shall 
be made on warrants of the Auditor of Public Accounts on vouchers 
of the commission approved by him. 

§ 3. As soon after the organization of the commission, notice shall 
be filed with the State Treasurer and State Auditor of Public Accounts, 
of the election of the officers of said commission who, from time to 
time, shall be authorized through the president and secretary of said 
commission, to draw warrants on the State Auditor of Public Accounts 
for such salaries or expenses incurred by the State commission, such 
warrants, however, to be subject to approval of the Governor of the 
State of Illinois, and the Treasurer of the State of Illinois is herel)v 
directed and empowered to pay the same. 



APPROPRIATIONS. 71 



§ 4. The commission shall annually make a report to the Governor, 
and within 60 days after the close of its exhibition, the commission 
shall make a complete report and statement of all of its doings, which 
shall include all exhibits and representations made, and the awards made 
on such exhibits, if any, and such other matters as the commission may 
deem of value to the State of Illinois, together with a list of all receipts 
and disbursements, with complete vouchers therefor. The commission 
shall keep a strict account of its 'receipts and disbursements. 

§ 5. The commission shall in no manner create or incur any indebt- 
edness or obligation in behalf of the State of Illinois in excess of any 
appropriation herein made. 

Approved June 27, 1913. 



OAK WOODS CEMETTIRY ASSOCIATION^ CHICAGO — SOLDIERS BURIAL PLACE, 

MAINTENANCE. 

§ 1 . Appropriates $1,000 — income for mainte- I § 2 . How drawn, 
nance— bond. | 

(Senate Bill No. 320. Approved June 21, 1913.) 

An Act making an appTOfriation for the perpetuaiion and care of burial 
place of deceased veterans of Civil and other wars. 

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 ($1,000.00) or so much thereof as may be necessary is hereby appro- 
priated to the Oak Woods Cemetery Association of Chicago, Cook county, 
Illinois, the income from which to be used by said association for the 
purposes of maintaining, caring for and perpetuating the burial place 
in Oak Woods cemetery, city of Chicago, county of Cook, of the deceased 
soldiers of the Civil and subsequent wars; conditioned, however, that 
said cemetery association shall give a bond in the sum of one thousand 
dollars ($1,000.00) for the faithful carrying out of the provisions of 
this Act, said bond to be approved by the Auditor of Public Accounts. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the amount 
herein appropriated upon presentation of proper vouchers certified to by 
Adjutant General and approved by the Governor. 

Approved June 21, 1913. 



72 APPEOPRIATIONS. 



PENAL AND REFORMATORY — NEW PENITENTIARY AND NEW ASYLUM. 

§ 3 . Appropriates 560,000. 
§ < . How drawn. 



§ 1. Eeappropriates unexpended balance of 
S500,000. 

§ 2. Reappropriates unexpended balance of 
®100,000. 

(Senate Bill No. 695. Approved June 25, 1913.) 

An Act malcing an appropriation for the huildinq of a new Illinois 
State penitentiary and a neiv Illinois asylum for the insane criminals 
and matters incidental and pertaining thereto, at or near the city of 
Joliet. 

Section 1. Be it enacted hy the People of the State of Illinois, rep^ 
resented in the General Assembly: That the unexpended balance of five 
hundred thousand dollars ($500^000), or so much thereof as may be 
necessary, of the sum heretofore appropriated by an Act entitled, "An 
Act making an appropriation for the acquisition of land for the re-loca- 
tion 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, and making an appropriation therefor," approved June 5, 
1907, in force July 1, 1907, as amended by an Act approved June 11, 
1909, in force July 1, 1909, and as amended by an Act approved- June 
7, 1911, and in force July 1, 1911, and remaining unexpended at the 
expiration of the first fiscal quarter after the adjournment of the Forty- 
eighth General Assembly, and not otherwise appropriated, is hereby 
re-appropriated for the purposes expressed in said Acts, to be paid out 
of the State treasury for said purposes, and in the manner in said Acts 
provided. The appropriation herein provided for shall also be used for 
the drainage of said land, the construction of necessary railroad tracks 
to the site for the re-location of said penal institutions, the construction 
of temporary stockades, and a sewerage system, and to provide for water 
supply and all such matters as are incidental, necessary and pertaining 
to the building of said penal institutions, including the preliminary 
work. 

§ 2. That the unexpended balance of one hundred thousand dollars 
($100,000), heretofore appropiated by section 2 of an Act entitled, "An 
Act making an appropriation for the acquisition of land, and matters 
incidental and pertaining thereto, 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 repealing 
a part of a certain Act therein named," approved June 7, 1911, in force 
July 1, 1911, or so much thereof as may be necessary, and which shall 
remain unexpended at the expiration of the first fiscal quarter after the 
adjournment of the Forty-eighth General Assembly, and not otherwise 
appropriated, is hereby reappropriated for the purposes expressed in 
section 1 of this Act, to be paid out of the State treasury, for said pur- 
poses, and in the manner provided for in the Acts mentioned and 
referred to in section 1 of this Act. 



APPROPRIATIONS. 73 



§ 3. That in addition to the sums herein and heretofore appropriated 
by sections 1 and 2 of this Act, the further and additional sums of sixty 
thousand dollars ($60,000), or so much thereof as may be necessary, is 
hereby appropriated out of any moneys not otherwise appropriated, 
which shall be used for the purposes expressed in section 1 of this Act, 
to be paid out of the State treasury for said purposes, and in the manner 
provided in the Acts mentioned and referred to in section 1 of this Act. 

§ 4. The Auditor of Public Accounts is hereby authorized to draw 
his warrants on the State Treasurer for the moneys herein appropriated 
upon proper vouchers, duly attested by a majority of the penitentiary 
commission. 

Approved June 25, 1913. 



PENAL AND REFORMATORY — SOUTHERN PENITENTIARY. 

§ 1 . Appropriates $200,000 per annum for ordin- I § 2 . How drawn, 
ary expenses and $27,700 for certain pur- 



(HousE Bill No. 398. Approved June 28, 1913.) 

An Act making appropriations for the Southern Illinois Penitentiary at 

Chester. 

Section 1. Be it enacted hy the People of the Siate of Illinois, rep- 
resented in the General Assembly : That the following amounts, or as 
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. 

For ordinary expenses .of the penitentiary, and for the expenses of the 
commissioners and officers, for the two (2) years ending June 30, 1915, 
$200,000.00 per annum; 

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

For expense enforcing the parole law, $5,000.00 per annum; 

For repairs and refurnishings, $3,000.00 per annum; 

For necessary repairs in the heating system, the sum of $5,000.00 ; 

For new barn to replace one recently destroyed by fire, the sum of 
$6,000.00. 

§ 2. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrants for the sums hereby appropriated, upon the 
presentation of itemized vouchers, certified to, by the Board of Commis- 
sioners of said penitentiary, signed by tho president, and attested by the 
secretary, with the seal of the institution attached, and approved by the 
Governor. 

Approved June 28, 1913. 



74 APPEOPRIATIONS. 



PENAL AND REFORMATORY STATE PENITENTIARY. 

§ 1 . Appropriates 1265,000 per annum for ordin- I § 2 . How drawn, 
ary expenses and S70,000 for purposes 
named. I 

(House Bill No. 641. Approved June 21, 1913.) 

An Act to' make ap^jrofriation for ordinary and other expenses of the 
Illinois State Penitentiary. 

Section 1. Be it enacted by the People of the t^iate 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 here- 
inafter named and no other: 

For ordinary expenses and for the expenses of the commissioners and 
officers, for the year ending June 30, 1914, $265,000. 

For ordinary expenses and for the expenses of the commissioners and 
officers, for the year ending June 30, 1915, $365,000. 

For meeting the expenses of maintaining and operating the parole 
system, the sum of ten thousand dollars per annum, $20,000. 

For painting, relaying floors, renewing roofs, and walls of buildings, 
renewing and rebuilding steam and water pipes, engines, boilers and 
machinery, and to make other such repairs and renewals as may be re- 
quired to keep said prison plant in ordinary' repair, the sum of $12,500 
per annum, $25,000. 

For a stone crusher, Xo. 11, cajoacity 2,500 yards per day, $15,000. 

For new cars, dynamos, motors, conveyors, complete equipment and 
cost of installation, $10,000. 

§ 2. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrants for the sums hereby appropriated upon the 
presentation of itemized vouchers, certified to by the Board of Commis- 
sioners 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 21, 1913. 



PENAL AND REEORAIATORY STATE REFORMATORY. 

§ 1 . Appropriates $170,000 per annum for ordin- I § 2 . How drawn, 
ary expenses and $61,450 for purposes 
named. I 

(House Bill No. 225. Approved June 21, 1913.) 

An Act to make appropriations for ordinary and other expenses of the 
Illinois State Reformatory at Pontiac. 
Section 1. Be it enacted hy 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 Pontiac, for the purposes 
hereinafter named, and no other : 



APPROPRIATIONS. 75 



For ordinary expenses of the Eeforniatory and expenses of the 

Board of Managers for the year ending June 30, 1914 $170,000 

For ordinary expenses of the Eeforniatory and expenses of the 

Board of Managers for the year ending Jnne 30, 1915. . . . 170,000 

For maintaining the parole system, $10,000 per annum 20,000 

For maintenance of electric lights, telephone, telegraph and fire 
alarm system, and purchase of two hot water heaters and one 

new switchboard 2,000 

For material for trade school instruction, $2,500 per annum. . 5,000 
For school books for inmates, school seats, desks, charts, refer- 
ence books, etc., and the purchase of books for library, $1,250 

per annum 2,500 

For repair of farm buildings, and the purchase of additional 

cows and horses 1,000 

For maintenance and extension of ' manual training school, 

$5,000 per annum 10,000 

For lectures, entertainments, concerts, etc., $500.00 per annum 1,000 
For general repairs and improvements and fitting up the 

inmates' bathroom in south cell house, $2,500 per annum. . . 5,000 
For the purchase and installation of machinery necessary for 

completion of the plant for the manufacture of artificial ice. . 3,900 
For the purchase of material with which to erect a one-story 

fire-proof building for a laundry. 5,650 

For the purchase and installation of machinery for laundry. .,. 5,000 

For maintenance of Y. M. C. A., $200 per annum 400 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants for the sums hereby appropriated upon 
the presentation of itemized vouchers, certified to by the Board of 
Managers of said Eeforniatory, signed by the president and attested by 
the secretary, with the seal of the institution attached, and approved 
by the Governor. 

Approved June 21, 1913. 



POKTEAIT OF CHARLES S. DENEEN. 
§ 1 . Appropriates $1,000. | § 2. How drawn. 

(Senate Bill No. 86. Approved April 18, 1913.) 

An Act to make an appropriation for the painting of a portrait of former 
Governor diaries S. Dene en. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and hereby is appro- 
priated the sum of one thousand dollars ($1,000), or so much thereof as 
may be necessary, for the purpose of the painting of a portrait of former 
Governor Charles S. Deneen, such portrait to be painted by such, artist 
as he may designate, and placed in a frame and hung in an appropriate 
position in the office of the Governor, 



76 APPROPRIATIONS. 



§ 2. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrant on the Treasurer for the sum herein appropri- 
ated upon the order of the Governor on proper vouchers duly certified to 
by him. 

Approved April 18, 1913. 



PORTRAIT OP JOHN G. OGLESBY. 
§ 1 . Appropriates S500. I § 2 . How drawn. 

(Senate Bill No. 1. Appeoyed Apeil 18, 1913.) 

An Act to make an wpprofriation for the painting of a porirait of former 
Lieutenant Governor John G. Oglesby. 

Section. 1. Be it enacted ly the People of the State of Illinois, rep- 
resented in the General AssemMy: That there be and hereby is appro- 
priated the sum of five hundred dollars ($500.00) for the purposes of a 
painting of the portrait of former Lieutenant Governer John G. Oglesby, 
such portrait to be painted by such artist as he may designate, and placed 
in a frame and hung in an appropriate position in the office of the Presi- 
dent of the Senate. 

§ 2. The Auditor of Public Accounts is hereby authorized and direc- 
ted to draw his warrant on the treasury (Treasurer) for the sum herein 
appropriated, payable out of the money in the treasury not otherwise 
appropriated, upon the order of the President of the Senate on proper 
vouchers duly certified to by him. 

Approved April 18, 1913. 



POULTRY association. 
§ 1. Appropriates S1,000 per annum. ! §3. How drawn. 

S 2. No moneyedcompensation to officers. I §4. Vouchers— annual report. 

(House Bill No. 643. Appeoted Jujje 28, 1913.) 

An Act maJcing an appropriation for the Illinois State Poultry 

Association. 
■ ^Section. 1. Be it enacted by the People of the State of Illinois, rep^ 
resented in the General AssemMy: That the sum of one thousand 
dollars ($1,000.00) per annum for the years 1913. and 1914 be and is 
hereby appropriated out of any moneys in the State treasury not other- 
wise appropriated, for the use and benefit of the Illinois State Poultry 
Association; said amount to be used for the purpose of assembling and 
advertising the annual show, paying premiums, providing uniform coops, 
and defraying the preparatory and other expenses of the annual meeting 
and show. 



APPROPRIATIONS. 77 



§ 2. No officer or officers of the Illinois State Poultry Association 
shall be entitled to 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 vouchers 
therefor, certified to by the president and secretary of the said association 
under seal of such corporation. 

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

Approved June 28, 1913. 



PRINTING, BINDING, PAPER AND STATIONERY — DEFICIENCY. 
§ 1 . Appropriates S140,000 for purposes named. I § 2 . How drawn. 

I § 3. Emergency. 
(Senate Bill No. 219. Approved Mat 20, J913.) 

An Act mahing an appropriation to meet the deficiencies in the appro- 
priations to the Board of Co<-mniissi oners of State Contracts for the 
purchase of printing paper and stationery, for vublic prin'Ang, and for 
piiblic binding under contract hy the State of Illinois. 
Section. 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly : That for the purpose of meeting the 
deficiencies in the appropriation for printing paper and stationery for 
public printing and for public binding, and to provide the necessary 
funds for said purposes for the period ending September 30, 1913, there 
be and is hereby appropriated to the Board of Commissioners of State 
Contracts the following : 

For printing paper and stationery, the sum of $6-5,000 

For public printing, the sum of $60,000 

For public binding, the sum of. $15,000 

or so much thereof as may be necessary for such purposes respectively. 

.§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the sums 
herein appropriated, said warrants to be drawn only on itemized bills, 
signed by said Board of Commissioners of State Contracts, and the State 
Treasurer is hereby directed to pay said warrants, drawn as aforesaid, out 
of any funds in the State treasury not otherwise appropriated. 

§ 3. Whereas, An emergency exists, therefore, this Act shall be in 
force from and after its passage and approval. 
Approved May 20, 1913. 



78 APPROPEIATIO^'S. 



RELIEF AWARDS BY COURT OF CLAIMS. 

§ 1 . Appropriates $6,567.50 topersons named. I § 2 . How drawn. 

(House Bill No. 322. Approved June 20, 1913.) 

An Act making an apprO'priation for the payment of the amioimts 
awarded Ijy the Court of Claims to certain persons named therein. 

Section. 1. Be it enacted iy the People of the State of Illinois^ rep- 
resented in the General Assembly: That there be and is hereby appro- 
priated the sum of sis thousand five hundred sixty-seven and 70-100 
dollars ($6^567.70) to pay awards made by the Court of Claims during 
the session of 1911 and 1913 to the following named persons: 

To Charles Kruger^ seven and 90-100 dollars ($7.90) damages for in- 
juries received while in discharge of his duties as member of the Illinois 
]S[ational Guard. 

To Sarah Brockway Smith;, two hundred twenty-eight and 2-100 dollars 
($328.02) for damages to trees by the Illinois National Guard. 

To Franklin A. Dennison, six hundred dollars ($600.00), damages for 
injuries received while in discharge of his duties as a member of the Illi- 
nois National Guard. 

To William A. Johnson, one hundred fifty dollars ($150.00) damages 
on account of injuries received while in discharge of his duties as a mem- 
ber of the Illinois National Guard. 

To Herman Halbing, seven hundred fifty dollars ($750.00), damages 
for injuries received while in discharge of his duties as a member of the 
Illinois National Guard. 

To Union Boiler Tube & Cleaning Co., three hundred dollars 
($300.00), for use of a patent used by the State. 

To Frederick Norcross and Harold B. Wrenn, executors of the will of 
John H. Wrenn, deceased, three thousand two hundred eighty-three and 
50-100 dollars ($3,383.50), for inheritance tax erroneously assessed and 
paid into the State treasury. 

To Illinois Trust and Savings Bank, exe"cutor of the estate of Harriet 
G. McAackers, deceased, one thousand dollars ($1,000.00), for inheri- 
tance tax collected erroneously and paid into the State treasury. 

To Charles E. Cutting, executor of the estate of Florence Lyman, 
deceased, two hundred forty-eight and 38-100 dollars ($348.38), inheri- 
tance tax erroneously assessed and paid into the State treasury. 

§ 3. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrant on the State Treasurer in favor of said persons 
respectively for the amounts herein appropriated, upon a proper certifi- 
cation by the Court of Claims, payable out of any mone}^ in the treasury 
not otherwise appropriated. 

Approved June 30, 1913. 



ArPROPRIATIOXS. ''^9 



RELIEF — WILLIAM BAKEU, OCCUPATJOXAL DISEASE. 
§ 1. Appropriates $10,000. I §3. How drawn. 

§ 2. Duties of Board of Administration — report. | 

(Senate Bill No. 503. Approved June 21, 1913.) 

An Act making an appropriation for the relief of William Baker. 

Section 1. Be it enacted ly the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of ten thousand dol- 
lars be and is hereby appropriated out of any money in the State 
treasury not otherwise appropriated for the relief of William Baker, 
Avho is suffering- with general blastomycocis, an infection, incurable and 
occupational disease contracted by him in line of duty as inspector in 
post mortem work in the Union Stock Yards^ Chicago, Illinois. 

§ 2. It shall be the duty of the Board of Administration to pay 
the sum of ten thousand dollars ($10,000.00), herein appropriated to 
the said William Baker in such manner and at such times and in such 
amounts as in its judgment will serve best the interests of the said 
William Baker : Provided, that the said Board of Administration, at the 
expiration of five (5) 3'ears from July 1, 1913, shall pay to the said 
William Baker any unexpended balance of said sum in the possession 
of the said Board of Administration, or in the event of his decease the 
balance shall be paid to his estate. The said Board of x4.dministration, 
when its duties under this Act shall have been fully discharged, shall 
make a full and detailed report to the Governor as to the manner in 
which said moneys have been distributed. 

§ 3. The Auditor of Public Accounts is hereby authorized and di- 
rected to draw his warrants for the sum of ten thousand dollars 
($10,000.00), payable to the said Board of Administration on requisi- 
tion [s] signed by said board and attested by its seal, and the State 
Treasurer is authorized to pay the same out of any moneys not otherwise 
appropriated. 

Approved June 21, 1913. 



RELIEF GEORGE B. BOARDMAN, SALARY, ETC. 

§1. Appropriates $2,050. I § 2. Emergency. 

(House Bh.l No. 916. Approved June 20, 1913.) 

An Act making an appropriation for the payment of the salary and 
stationery and postage allowance of George B. Boardnmn, a member 
of the Forty-eighth General Assembly from the Forty-first District, 
seated vice Michael F. HenneTjry. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and is herebv appro- 
priated the sum of two thousand and fifty dollars ($2,050.00)"^ for the 
payment of the salary and stationery and postage account of George B. 



80 APPROPEIATIONS. 



Boardman, a member of the Forty-eighth General Assembly from the 
Forty-first Senatorial District, seated in the contest of George B. Board- 
man vs. Michael F. Hennebry, by action of the House, June 11, 1913. 

§ 2. Wheeeas^ 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 June 20, 1913. 



RELIEF — CHEERY MIXE SUEEEEEES^ BALANCE UNEXPENDED. 
Preamble. I § 2 . How drawn. 

§ 1 . Appropriates 543,025.18. • I § 3 . Emergency. 

(House Bill No. 669. Approved June 20, 1913.) 

An Act maMng an appropriation ta cover the unexpended balance of 
moneys heretofore appropriated for the relief of the suffering and 
destitute miner's and the families and dependents of miners who lost 
their lives in the mine disaster at Cherry, Illinois, which lapsed and 
was covered hach into the State treasury hy the Board of Administra- 
tion. 

Wheeeas, The Forty-sixth General i^ssembly, at the special session 
thereof, begam and held on the 14th day of December, A. D. 1909, by an 
Act entitled, "An Act making an appropriation for the relief of the 
suffering and destitute miners at Cherry, Illinois, and the families and 
dependents of miners who lost their lives in the mine disaster at Cherry, 
Illinois,^^ approved and in force February 18, 1910, appropriated the 
sum of one hundred thousand dollars ($100,000) for the relief of the 
suffering and destitute miners at Cherry, Illinois, and the families and 
dependents of miners who lost their lives in the mine disaster at Cherry, 
Illinois, and made it the duty of the Board of Administration "to distri- 
bute the money herein appropriated to the persons intended to be 
benefited by this Act and to use said money for the benefit of the persons 
intended to be relieved in such manner as in its judgment will best 
relieve such suffering and destitute people;" and 

Wheeeas, The Board of Administration immediately entered upon 
the discharge of its duties under said Act, and disbursed and expended 
a part of the moneys thereby apjDropriated for the relief of the persons 
intended to be benefited by said appropriation; and 

Wheeeas, In the judgment of the Board of x\dministration the in- 
terests of the beneficiaries could not properly be subserved by paying 
out all of the one hundred thousand dollars ($100,000) prior to Septem- 
ber 30, 1911, but, in the judgment of the Board of Administration, the 
interests of said beneficiaries would be better subserved by the payment 
to such beneficiaries of small sums in periodical payments ; and 

Whereas, In order to prevent the unexpended balance of said appro- 
priation lapsing on September 30, 1911, the Board of Administration, 
prior to September 30, 1911, upon requisition signed by said board and 
attested by its seal, authorized the Auditor of Public Accounts to issue 



APPROPRIATIONS. 81 



warrants and the Treasurer to pay such warrants for the unexpended 
balance of said appropriation, which money was placed under the im- 
mediate control of the Board of Administration; and 

WiiKREAS^ The receipts and disbursements of the fund placed under 
the inniiediate control of the Board of Administration from October 
1, L;.v;1. to April 16, 1913, inclusive, and the cash on hand remaining 
unexpi'Liil.'ci at the close of the period has been as follows: 
Unexpeii.; d balance of appropriation drawn from State 
treasur\ with interest accruing to and including Septem- 
ber 30,' 1911 " $42,293.27 

Interest accruing to April 16, 1913 732.91 

■ Total $43,025.18 

Expended from October 1, 1911, to April 16, 1913, inclusive 35,199.00 

Balance in hands of Board of Administration April 16, 1913 $ 7,826.18 
and 

Whereas^ Since Setember 30, 1911, the Board of Administration has 
disbursed on account of the beneficiaries the sum of $35,199.00 in such 
manner as in its judgment best relieved such suffering and destitute 
people; and 

Whereas^ The cost of administering the funds paid out of the 
$100,000 appropriation has only been $100.00 for postage and $30.00 
for premiums on an official bond, which is approximately only fourteen 
hundredths of one per cent of the total amount disbursed to said bene- 
ficiaries; and 

Whereas^ On March 19, 1913, the Board of Administration asked the 
Attorney General of the State of Illinois for an opinion as to Avhether 
certain accrued interest on the fund taken from the State treasury and 
placed in the hands of the Board of Administration should be paid into 
the State treasury or to the beneficiaries under said Act ; and 

Whereas, On March 24, 1913, in an opinion addressed to the Board 
of Administration, the Attorney General held "that the unexpended part 
of the appropriation did lapse and that the same, together with the 
accrued interest, should be paid into the State treasury;" and 

Whereas, The Attorney General suggested "should any appropriation 
still be necessary in order to render assistance to the beneficiaries under 
said Act, the matter may very properly be brought to the attention of 
the Legislature, which has power to act in the matter;" and 

Wpiereas, Installments to the beneficiaries have heretofore been paid 
by the Board of Administration every two weeks, which have been 
principally used for food, clothing and other necessities of life, and un- 
less remedial legislation is immediately' enacted, these payments will 
necessarily cease; and 

Whereas, On the 21st day of April, A. D. 1913, the Board of Ad- 
ministration, acting under the said opinion of the Attorney General, 
caused to be covered into the State treasury the sum of forty-three 'thou- 
sand twenty-five and 18-100 dollars ($43,025.18), which sum includes 

— 6L 



82 APPROPEIATIOXS. 



the amount so disbursed by the Board of Administration and the amount 
under the control of said Board of Administration and not disbursed, 
together with accrued interest thereon; and 

Whebeas^ An appropriation of forty-three thousand twenty-five and 
18-100 dollars would be the same amount as was covered in the State 
treasury on the 21st day of April, A. D. 1913, and the appropriation 
would not in any way increase the taxes of the people of the State of 
Illinois; and' 

Wheeeas, The money so paid out to the beneficiaries after Septem- 
ber 30, 1911, was paid out in good faith; now therefore, 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of forty-three thou- 
sand twenty-five and 18-100 dollars ($43,025.18) be and the same is 
hereby appropriated for the reimbursement of the Board of Administra- 
tion for the sums so paid out by it under said appropriation Act, 
approved and in force February 18, 1910, balance on hand, interest 
accrued and so caused to be covered by it into the State treasury on the 
21st day of April, A. D. 1913. 

§ 2. The Auditor of Public isocounts is hereby authorized and 
directed to draw his warrants for the sum of forty-three thousand 
twenty-five and 18-100 dollars ($43,025.18), payable to said Board of 
Administration upon requisitions signed by said board and attested by its 
seal and the Treasurer is hereby authorized to pay same out of any 
money on hand not otherwise appropriated. 

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

Approved June 20, 1913. 



relief EDWIN T. EARRAR, SALARY, ETC. 

§ 1. Appropriates $2,050. I § 2. Emergency. 

(House Bill No. 826. Approved June 16, 1913.) 

An Act making an appropriation for the payment of the salary and 
stationery and postage allowance of Edwin T. Farrar, a member of 
the Forty-eighth General Assembly, from the twenty-first district, 
seated vice H. W. Harris. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the Genei'al Assembly: That there be and is hereby appro- 
priated the sum of two thousand and fifty dollars ($3,050.00) for the 
payment of the salary and stationery and postage account of Edwin T. 
Farrar, a member of the Forty-eighth General Assembly, from the 
twenty-first senatorial district, seated in the contest of Edwin T. Farrar 
vs. Benjamin M. Mitchell, H. W. Harris et al, by action of the house. 
May 1, 1913. 

§ 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 June 16, 1913. 



APPROPRIATIONS. 83 



RELIEF EARL D. TOUTS, INJURIES. 

§1. Appropriates SS, 000. I § 2. How drawn. 

(House Bill No. 303. Appkoved June 26, 1913.) 

An Act appropriating three thousand dollars for the relief of Earl D. 

Fonts of Centralia, Illinois, and providi)i(j for the payment of said 

amount out of the State treasury. 

Section 1. Be it enacted hy the People of the State of IlVmois, rep- 
resented hy [m] the General Assembly: That there be, and hereby is 
appropriated, for the rehef of Earl D. Fonts, of Centralia, Illinois, the 
snm of three thousand dollars ($3,000.00), who was seriously and per- 
manently injured while a student at the Illinois University at Urbana, 
by the breaking of a defective metal brush or polisher in the foundry of 
said institution. 

§ 2. The Auditor of Public x4ccounts is hereby authorized to draw 
his warrant upon the State Treasurer for said amount in favor of the 
said Earl D. Fonts, payable out of any money in the treasury not other- 
wise appropriated, and the State Treasurer is hereby authorized to 
pay such warrant out of any money in the treasury not otherwise 
appropriated. 

Approved June 26, 1913. 



RELIEF BEN M. GIROUX, INJURIES OF SON. 

§ 1 . Appropriates $5,000. i § 2 . How drawn. 

(House Bill No. 385. Approved June 21, 1913.) 

Ax Act making an appropriation of the sum of five thousand dollars, 
to reimburse Ben M. Giroux f&r money expended for the care and 
treatment of his son, Frank Robert Giroux, deceased. 
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 
dollars is hereby appropriated and directed to be paid to Ben M. Giroux, 
from an}^ funds not otherwise appropriated in the treasury of Illinois, 
for the reimbursement of said Ben M. Giroux, for moneys expended 
by him for the care and treatment of his son, Frank Eolaert Giroux, 
injured at the Institution for Feeble Minded, at the city of Lincoln, on 
December 23, 1907, and now deceased. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sum hereby 
appropriated in favor of Ben M. Giroux. 
Approved June 21, 1913. 



84 APPROPRIATIONS. 



RELIEF ELIZA GEST, SALARY OF WILLIAM H. GEST. 

Preamble. I § 2. How drawn. 

§ 1 . Appropriates 51,287.87 to widow. | 

(Senate Bill No. 39. Approved April IS, 1913.) 

An Act- making an appropriation to Eliza Gest, widow of William H. 

Gest, late circuit court judge of the Fourteenth Judicial Circuit of 

the State of Illinois. 

WiLEREAS;, William H. Gest, of the city of Eock Island, Eock Island 
county, State of Illinois, departed this life on the ninth day of August, 
1912, and at the time of his death, and for many years previous thereto, 
was and had been a circuit jndge in the Fourteenth Judicial Circuit of 
this State, and 

Whereas, The salary of said William H. Gest, as said circuit jndge, 
has been paid by the State to the ninth day of August, 1912, the time 
of his decease, and 

Whereas, Said office of judge remained vacant until the twelfth day 
of ISTovember, 1912, when Eobert W. Olmsted was elected and qualified 
as the successor in office of the said William H. Gest. 

Now, therefore. The following is proposed : . . 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of one thousand two 
hundred and eighty-seven and 87-100 dollars ($1,287.87) be and is 
hereby appropriated for the payment of the salary of the late Judge 
William H. Gest from said ninth day of August, 1912, and until the 
twelfth day of November, 1912, and that the same be paid to Eliza 
Gest, widow of the said William H. Gest. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer in favor of the 
said Eliza Gest for the sum hereby appropriated. 

Approved April 18, 1913. 



relief — ROBERT R. JACKSON, SALARY, ETC. 
§ 1 . Appropriates S2,050. I § 2 . Emergency. 

(House Bill No. 825. Approved Jtjne 16, 191.3.) 

An Act making an appropriation for the payment of the salary and sta- 
tionery and postage allowance of Robert B. Jackson, a member of the 
Forty-eighth General Assembly, from the Third District, seated vice 
Henery [Henry'] M. Ashton. 

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 two thousand and fifty dollars ($2,050.00) for the 
payment of the salary and stationery and postage account of Eobert E. 
Jackson, a member of the Forty-eighth General Assembl}^, from the 



APPROPKIATIONS. 85 



Third Senatorial District, seated in the contest of Robert 11. Jackson v. 
F. E. J. Lloyd, Henry M. Ashton et al, by action of the House, May 1, 
1913. , 

§ 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 it [its] passage. 

Approved June 16. 1913. 



EELIEF BERTHEOL C. B. JORGENSEN, BALANCE UNEXPENDED. 

§ 1 . Appropriates balance unexpended under Act of 1911. 

(Senate Bill No. 691. Approved June 21, 1913.) 

An Act reappropriating the appropriation made in an Act entitled, ''An 

Act for an appropriation for the relief of Berthrol C. B. Jorgensen," 

approved June 5, 1911^ in force July 1, 1911. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General AssemMy: That there is hereby reappropriated 
to Berthrol C. B. Jorgensen so much of the sum of seven thousand five 
hundred dollars ($7,500) heretofore appropriated, pursuant to the pro- 
visions of an Act entitled, "An Act for an appropriation for the relief 
of Berthrol C. B. Jorgensen,^' approved June 5, 1911, in force July 1, 
1911, as shall not have been expended on or before the thirtieth day of 
September, A. D. 1913, payable from the State treasury in accordance 
with the provisions of said Act. 

Approved June 21, 1913. 



RELIEF — AVALTEE KAAK, INJURIES. 
§ 1 . Appropriates $5,000— how drawn. 

(House BaL No. 473. Approved June 26, 1913.) 

An Act niahing an appropriation of the sum of five thousand dollars 
($5,000.00) for the payment of damages for injuries suffered hy and 
as compensation for the injury to Walter Kaah, to the guardian of 
Walter Kaah. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the sum of five thousand 
dollars ($5,000.00) be, and the same is hereby appropriated and directed 
to be paid from any fund not othervs^ise appropriated in the State treas- 
ury of the State of Illinois, for the payment of damages for injuries 
suffered by Walter Kaak, and as compensation for the said injury to 
the said Walter Kaak, which said injuries were received at the Illinois 
asylum for feeble-minded children, at the city of Lincoln, in the State, 
of Illinois, on the 28th day of August, 1907. 

Said sum of money shall be paid by the Treasurer of the State of 
Illinois, upon proper warrant, duly assigned by the Auditor of Public 



86 APPEOPEIATIOXS. 



Accounts of the State of Illinois, to the guardian, to the legally qualified 
guardian of Walter Kaak upon satisfactory proof being made that he 
has been regularly apj)ointed guardian by a court of competent juris- 
diction. 

Appeoved June 26, 1913. 



BELIEF THOMAS O BEIEX, INJUEIES. 

Preamble. I § 1 • Appropriates S6,000 — how drawn. 

(House Bill No. 6. Approved June 26, 1913.) 

An x^ct for an apiyropnation for the relief of Thomas O'Brien. 

Whereas, Thomas O'Brien, while on duty as helper and general 
utility man in the Department of Engineering of the University of 
Illinois, assisting in the transportation of a concrete beam from the 
Mechanical Laboratory to the Testing Laboratory in the Department of 
Applied Mechanics in the Department of Engineering of the University 
of Illinois, and employed by the State of Illinois, received severe per- 
sonal injuries as the result of the dangerous and unsafe condition of a 
certain pavement and roadway running through the grounds of, and 
under the control of the ITniversity of Illinois, on the 8th day of April, 
A. D. 1911; the injuries so received being permanent and received while 
in the line of duty as employee of the State; therefore. 

Section 1. Be it enacted by the People of the State of Illinois; rep- 
resented in the General Assembly: That the Auditor of Public Accounts 
be, and he is hereby, directed to draw his warrant on the State Treas- 
urer in favor of said Thomas O'Brien for the sum of six thousand 
dollars on the first day of July, K. D. 1913, the said sum to be paid out 
of any moneys in the State treasury not otherwise appropriated. 

Appeoved June 26, 1913. 



EELIEF — HENEY PEYOR, EDUCATION, ETC. 
§ 1 . Appropriates S400 to Henry Pryor. i § 3 . Duties of Board of Administration— report. 

§ 2 . Appropriates $1,600 for care, education, etc. | § 4 . How dra\vii . 

(House Bill No. 915. Appeoved June 27, 1913.) 

An Act for the relief of Henry Pryor. 
Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That the Auditor of Public Accounts 
be, and is hereby directed to draw his warrant on the State Treasurer 
in favor of Henry Pryor for the sum of four hundred dollars ($400.00), 
the said sum to be paid out of any moneys in the State treasury not 
otherwise appropriated. 



APPBOPIUATIO^vS. 87 



§ 2. That the further sum of sixteen hundred dollars ($1,000. 00 j, 
be, and is hereby appropriated out of any moneys in the State treasury 
not otherwise appropriated for the care, training, education, support 
and medical attention of the said Henry Pryor. 

§ 3. It shall be the duty of the Board of Administration to pay 
said sum of sixteen hundred dollars ($1,600.00), herein appropriated 
to the said Henry Pryor, for his education, care, keeping, support and 
medical attention, in such manner and at such times, and in such 
amounts as in its judgment will best serve the interests of the said 
Henry Pryor; the said Board of Administration shall hold said sum 
of money, except such payments as may be paid, as above directed for 
a period of five years ; at the expiration of said five years the remainder 
of said sum in possession of the said Board of Administration shall be 
paid to the said Henry Pryor; the said board shall, when its duties 
under this Act shall have been fully discharged, make a full and detailed 
report to the Governor, as to the manner in which said money has been 
distributed. 

§ 4. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the said sum of sixteen hundred dollars 
($1,600.00), payable to the said Board of Administration, upon a 
requisition, signed by the said board and attested by its seal, and the 
treasurer is authorized to pay the same out of any money on hand, not 
otherwise appropriated. 

Approved June 27, 1913. 



RELIEF M. E. SPAFEORD, " PROPERTY LOSS. 

§ 1. Appropriates $600. 1 § 2. How drawn. 

(House Bill No. 438. Appeoved June 26, 1913.) 

An Act appropriaiing six hundred dollars for the relief of M. E. Spaf- 

fordj of Joliet, Illinois, and providing for the payment of said 

amount out of the State treasury. 

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 for the relief of M. E. SpafEord, of Joliet, Illinois, the sum of 
six hundred dollars ($600.00), who sustained a property loss by the 
breaking of a defective bank of the Illinois and Michigan Canal. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant upon the State Treasurer for the said amount in favor of 
said M. E. Spafford, payable out of any money in the treasury not 
otherwise appropriated, and the State Treasurer is hereby authorized to 
pay such warrant out of any money in the treasury not otherwise 
appropriated. 

Approved June 26, 1913. 



88 APPROPRIATIONS. 



RELIEF — CHARLES W. SPAULDING, ADJUSTMENT OF SUITS AND CLAIMS. 

§ 1 . Commission empowered to settle, adjust and i § 2 . Appropriates ^10,000— how drawn, 
compromise suits and ciaims, etc. | 

(House Bill No. 913. Approved June 26, 1913.) 

An Act in relation to the adjustment and settlement of suits and claims 
growing out of the failure of Charles W. Spalding, late treasurer of 
the University of Illinois, to account for certain moneys and securities 
of the said University of Illinois, and making an appro priation to 
carry into effect the provisions of this Act. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the commission, consisting of 
the Governor, Auditor of Public Accounts and State Treasurer, created 
by an Act, entitled "An Act to make appropriations for the University 
of Illinois and providing for the management of the funds of said 
university, and for the protecting the interests of the State in connection 
therewith,^' approved and in force June 11, 1897, and to collect from 
any and all persons from whom any of the funds and other securities 
not accounted for by Charles W. Spalding, late treasurer of the Univer- 
sity of Illinois, may be due, to receive any bond or other securities 
belonging to the university or which may be turned over to the board 
of trustees in paj^ment of said endowment fund, or as a part thereof, 
and to sell and dispose of the same, be, and the same is hereby author- 
ized and empowered to settle, adjust, compromise and discharge all 
actions and suits at law or in equity, whether now pending and undeter- 
mined or in judgment, whether brought or .pending in the courts of this 
State, or in courts of other states or of the United , States, commenced, 
prosecuted, or defended either by or on behalf of such commission or 
by the University of Illinois, the trustees of the University of Illinois, 
the Peoj)le of the State of Illinois for the use of the University of 
Illinois, or the People of the State of Illinois on account of the failure 
of the said Charles W. Spalding to account to the University of Illinois 
for moneys and to deliver certain securities belonging to the University 
of Illinois or on account of the management, custody, control, disposi- 
tion or sale of any and all securities and property, botli real and per- 
sonal, assigned and delivered by the said Charles W. Spalding to the 
trustees of the University of Illinois as security for his said indebtedness. 
Said commission is further authorized and empowered, in its discre- 
tion, to settle, adjust, compromise and discharge the indebtedness of the 
said Charles W. Spalding to the University of Illinois, and to make 
such disposition of the securities and other property assigned and 
delivered by the said Charles W. Spalding to the trustees of the Univer- 
sity of Illinois, and now remaining in the hands of said commission, as 
said commission, in its discretion, may deem proper. 

Said commission is further authorized and empowered to settle, 
adjust and compromise the claim of the said Charles W. Spalding for 



APPROPRIATIONS. 



an accoimfing against the University of Illinois, and the various per- 
sons who have, from time to time, composed said commission or who 
have acted as trustee, or trustees. 

§ 2. That there be and hereby is appropriated the sum of ten thou- 
sand dollars ($10,000) for the purpose of carrying into effect the provi- 
sions of this Act, and compromising the claims of the said Charles W. 
Spalding against the University of Illinois and the various persons who 
have, from time to time, been members of such commission, ^ or have 
acted as trustee, or trustees. 

The Auditor of Public Accounts is hereby authorized and directed to 
draw his warrants for the sum herein appropriated, upon the presenta- 
tion of proper vouchers, certified to by a majority of the members of 
said commission, and the Treasurer shall pay the same out of any 
money not otherwise appropriated. 

Approved June 26, 1913. 



RELIEF — UNITED MINE WORKERS OF AMERICA, DISTRICT NO. 12, MONEYS 

ADVANCED. 

§1. Appropriates S3,355. 14 for moneys advanced [ §2. How drawn. 
— items named. 

(House Bill No. 324. Approved June 23, 1913.) 

An Act to make mi appropriation to reimburse the United Mine Workers 

of America^, District Number Twelve, for moneys advanced County 

Miners' Examining Board 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 three thousand three 
hundred and fifty-five dollars, fourteen cents ($3,355.14) be and the same 
is hereby appropriated to reimburse the United Mine Workers of America, 
District Number Twelve,' of the State of Illinois, for moneys advanced as 
follows : 

Christian Co., $71.00; Clinton Co., $5.00 ; Grundy Co., $277.23 ; Henry 
Co., $204.44; Jackson Co., $189.33; Logan Co., $342.90; McLean Co', 
$162.00; Macon Co., $93.15; Marshall Co., $33.58; Menard Co., $161.38; 
Mercer Co., $165.82; Peoria Co., $272.45; Scott Co., $59.00; Eandolph 
Co., $171.00; Tazewell Co., $654.83 ; Washington Co., $118.50; Woodford 
Co., $247.53; Will Co., $126.00. Total, $3,355.14. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the State Treasurer, payable to the 
treasurer of the United Mine Workers, District Number Twelve, for the 
total sum herein specified upon presentation of proper receipted bills and 
vouchers and the State Treasurer shall pay the same out of the funds in 
the State treasury not otherwise appropriated. 

Approved June 23, 1913. 



90 APPROPEIATIONS. 



SECRETARY OF STATE — DEEICIENCY TO FEBRUAEY 1, 1913. 
§ 1. Appropriates $87,203.83. I § 3. Emergency. 

§2. How drawn — names and amoxints specified. J 

(Senate Bill No. 263. Appeoved April 22, 1913.) 

An Act making appropriations for deficiency in appropriations for the 

office of Secretary of State up to and including Fehrumy 1st, A. D. 

1913, and declaring an emergency. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That the sum of eighty-seven thou- 
sand, two hundred three and eighty-three hundredths dollars ($87,303.- 
83), or so much thereof as may be necessary^ be and the same is hereby 
appropriated to cover deficiencies in the appropriations made to the office 
of Secretary of State up to and including February 1, A. D. 1913. 

§ 2. That upon the passage of this Act the Auditor of Public 
Accounts shall draw his warrants on the Treasurer in favor of the per- 
sons, firms, corporations and companies named below for the amount set 
opposite their respective names, towit : 

C. H. Hanson, auto supplies $14,189.00 

Wells Fargo Co. Express, express on supplies 3,134.00 

National Express Co., express on supplies 2,307.01 

United States Express Co., express on supplies. . . .> 2,252.90 

American Express Co., express on supplies 2,519.16 

Chicago & Alton E. E. Co., express on supplies 363.14 

Underfanger Bros., drayage 119.35 

Greenduck Co., auto supplies. ., 53,001.75 

Illinois Printing Co., auto supplies 4,238.00 

C. J. Doyle, postage 1,255.00 

Chicago- Springfield Coal Co 3,105.31 

Oscar Ansell, supplies . 67.21 

Samuel P. Irwin, Supreme Court reports 762.00 

Total $87,203.83 

§ 3. Whejreas, An emergency exists, therefore this Act shall be in 
force from and after its passage. 
Approved April 22, 1913. 



secretary of state — deficiency to JULY' 1, 1913. 

§ 1. Appropriates S2S,500— for certain pm-poses. I §3. Emergency. 
§ 2. Howdrawn. | 

(Senate Bill No. 173. Approved May 3, 1913.) 

An Act making an appropriation to meet a deficiency in appropriations 
for the office of Secretary of State and to provide the necessary funds 
to'' carry on the business of the State until the first of July, 191S. 
Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That for the purpose of meeting the 



ArPKOPKIATIOXS. 91 



deficiency in the appropriation and to provide the necessary funds to 
carry on the business of the State imtil July 1, 1913, there be and is 
hereby appropriated to the Secretary of State the sum of $28,500.00, 
to wit : 
For tlie purchase of fuel and for repairs and other incidental 

expenses connected Avitli heating and lighting the State 

House, and other buildings under his control. $ 5,000.00 

For expressage and parcel post postage, freight and drayage 15,000.00 

For postage . ., 2,000.00 

For purchase Supreme Court reports 2,000.00 

For enforcing foreign corporation Act, three investigators at $100.00 
per month from April 1, to Julv 1, 1913, $900.00, expenses for same 
$100.00; total, $1,000.00. 

For enforcing automobile Act, four investigators at $100.00 per month 
from April 1 to July 1, 1913, $1,200.00, expenses for same $400.00. Four 
clerks at $75.00 per month from April 1 to July 1, 1913, $900.00; total, 
$2,500.00. (Kot including cost of number tags and plates.) 

For office exj)enses for which no other appropriation is available, 
$1,000.00, or so much thereof as may be necessary for the said purposes 
aforesaid. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the moneys 
herein appropriated upon presentation of vouchers certified to by the 
Secretary of State, out of any moneys in the treasury not otherwise appro- 
l^riated. 

§ 3. Whereas, The appropriation above recited is necessary to meet a 
deficiency and to provide sufficient funds to carry on the business of the 
State until July 1, 1913, therefore an emergency exists and this Act shall 
be in force and take effect from and after its passage. 

Approved May 3, 1913. 



STATE CEXTEXXIAL AX'X^IVERSARY COMMISSIOX^. 
§ 1 . Appropriates $10,000. | § 2. How drawn. 

(Senate Bill No. 159. Approved June 26, 1913.) 

An Act making an appropriation for the necessar-y^ expenses of the com- 
mission appointed to celehrate the centennial anniversary of the State 
of Illinois. 

Section 1. Be it enacted hij the People of the State of Illinois, rep- 
resented in the General Assemhly: That the sum of ten thousand 
dollars, or so much thereof as ma}^ be necessary, is hereby appropriated 
out of any money in the State treasury, not otherwise appropriated, for 
the purpose of defraying the necessary expenses of the commission 
appointed under joint resolution of the General Assembly, to celebrate the 
centennial anniversary of the State of Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants from time to time for the sum specified 



92 



APPEOPKIATIONS. 



upon the presentation of proper vouchers, certified to by the chairman 
and secretary of the said commission, and approved by the Governor, and 
the treasurer shall pay the same out of the money hereby appropriated. 
Approved June 26, 1913. 



STATE GOVEElSrMENT ORDINARY AND CONTINGENT. 



§ 1. Appropriates for ordinary and contingent 
expenses as follows: 

1 . GovEBNOE— Contingent fund, ?5,000 

per annum. 

2. Secretaries, clerks, stenographers, 

messenger and janitor, $12,000 per 
annum. 

3 . Department and institution auditor, 

assistant and expenses, 56,700 per 
annum. 

4. Postage, expressage, expenses, etc., 

58,000 per annum. 

5. Executive mansion: Incidentals, 

315,000 per annum; repairs, etc., 
516,000. 

Executive offices: Repairs, etc., 
53,000. 

State suit, appeal to U. S. Supreme 
Court, 55,000. 

Illinois Central RaUroad investiga- 
tion: Balance unexpended, 549,- 
903.90. 

6. Lieutenant Governor— Clerical 

hire and incidentals, ?3,400 per 
annum. 

7. Secretary ''of State— Clerks, ste- 

nographers, janitors, police, port- 
ers, messengers, other emploj'ees, 
postage, expressage and incident- 
als, .J137,9S0 per annum. 

8. luel, repairs and incidentals for 

buildings, 514,000 per annum. 

9. Supreme Court reports, 56,000 per 

annum. 

10. Flags, 5200. 

11. Stati> library: Books, salaries, and 

incidentals, 89,700 per annum; 
shelving and furniture, 51,000. 

12. Copying laws, etc., 5300; expressage 

arid postage thereon, 52,000 per 
annum. 
General Assembly: Telephone tolls, 
51,500. 



Automobile supplies, 595,0 
annum. 



per 



Automobile department, Chicago: 

Deputy, employees, rent, etc., 

56,150 per annurri. 
Electric elevators, 515,000 and book 

typewriter and adding machine, 

51,000. 

House and Senate lavatories and 
closets, §15,000; blue book, 52,000. 



16. State Contracts— Printing paper 

and stationery, 5140,000. 

17. Printing, 5150,000; binding, -,555,000; 

salary of secretary, 5300 per an- 
num. 

18 . Auditor — Clerks^ stenographers, 

messengers, janitors, examiners, 
other employees, postage, express- 
age, incidentals, rents, etc., 5137,- 
650 per annum; fixtures, etc., 
52,700. 

19. Conveying juyenUe~offenders to 

State schools', 523,000 per annum. 

20. Conveying convicts to and from 

penitentiaries, 520,000 per annum. 

21 . Conveying ollenders to and from re- 

formatory, 510,000 per annum. 

22. Fugitives from justice, 520,000 per 

annum and 52,000. 

23 . State suits, 5500 per annum. 

24. Bo.vRD - OF Equalization — Ex- 

penses, 510,000 per annum. 

25. Auditor — Interest on school fund, 

§57,000 per annum. 

26. Transfei of insane, 51,000 per an- 

num. 

27 . Distributable school fund. 53.000,000 
per annum. 

28. Attorney General — Assistants, 

clerks, stenographers, reporter, 
other employees, incidentals, in- 
vestigations,'suits, etc., 598,100 per 
annum. 

Illinois Central Railroad case: Spe- 
cial counsel, experts, clerks, etc., 
5100,000 and reappropriation of 
balance unexpended. 

Submerged and made lands: Spe- 
cial work, expenses, etc., 527,500 
and balance unexpended. 

Inheritance tax office, Chicago: As- 
sistants, clerks, Tsporters, stenog- 
raphers, investigations, incident- 
als, fixtures, etc., 53,240 and 
542, 2.50 per annum. 

Inlieritance tax outside Cook coun- 
ty, investigators and expenses, 
510,000 per annum: disbarment 
costs, etc., 52,000 per annum. 

29 . State Treasurer — Ass 1 s t a n t, 

clerks, guards, incidentals, collec- 
tion of inheritance tax, fiscal sec- 
retary, premium on bonds, fix- 
tares, etc., 52,000 and^570,100 per 
aimum. 



APPROPRIATIONS. 



93 



STATE GOVERNMENT— ORDINARY AND CONTINGENT— Cowtwited. 



30- Amount necessary to refund taxes I 
collected in error, etf . 



31. Superintendent of Public In- 

struction — Assistants, clerks, 
stenographers, janitor, incidental 
and office expenses, examinations, 
publications, etc., $1,600 and $30,- 
900 per annum. 

32. Adjutant General— Clerks and 

other emploj^ees in office, memor- 
ial hall, arsenal and Camp Lincoln 
and incidentals, $12,140 per an- 
num. 

33. CHARITIE.S Commission— Employ- 

ees, incidentals, expenses, books, 
State conferences, inspections, etc. 
$11,850 per annum. 

34. Supreme Court— Books, reports, 

repairs, employees, and miscel- 
laneous expenses, $32,360 per an- 
num. 

35 . Clerk of Supreme Court— Janitor 

and messenger, $1,000 per annum; 
cos;s in State suit, $3,350. 

36. Appellate Court, First District 

— Rent, books, reports, furniture, 
incidentals and employees, .$6,695 
and $26,520 per annuni. 

37. Appellate Court, Second Dis- 

trict— Incidentals, books, repairs, 
and employees, $1,380 and $5,700 
per annum. 

38. Appellate Court, Third District 

—Stationery, postage and inci- 
dentals, $1,000 per annum. 

39. Appellate Court, Fourth Dis- 

trict— Stationery, fuel, light, 
postage, incidentals, etc., £1,500 
per annum; law books and libra- 
rian, $1,400 per annum; painting, 
etc., $400. 

40. Appellate Courts— .Tanitors and 

stenographers, $5,700 per annum. 

41. Railroad and Warehouse Com- 

mission— Employees, incidentals, 
books, investigations, suits, pub- 
lications, maps, etc., $40,360 per 
annum. 

Grain Inspection Department— Chi- 
cago district: Chief Inspector, as- 
sistant, employees, rent, furniture, 
incidentals, triisceilaneous items, 
deficiency, etc., $8,017.60 and 
$178,530 per annum. 

East St. Louis district: Employees 
and incidentals, $17,940 per an- 
num. 

Joliet district: Deputy inspector, 
$100 per annum. 

Kankakee district: Deputy inspec- 
tor, $1,200 per annum. 

Decatur district: Deputy inspector 
and helper, $2,520 per annum. 

42. Museum of Natural History — 

Employees, general expenses, 
books, specimens, cases, etc., 
$2,000 and $4,300 per annum. 



43. Commissioner.? of Lahor St4TI.s- 

Tics — Employees, special agents, 
incidental and other expenses, 
89,740 per annum. 

44 . Mining Board- Per diem, expenses 

employees and incidentals, .$12,700 
per annum. 

45 . Mine Inspectors— Actual expenses, 

$12,000 per annum. 
MiNER.'^' Examinino Bo.\rd — Trav- 
eling expenses, $3,600 per annum. 

46. Free Employment Offices— Em- 

ployees, rent and general expenses, 
$200 and $24,635 per annum. 

47. General Assembly, 49th— Com- 

mittee expenses, $4,000. 

48. LIVE Stock Commissioners— Em- 

ployees, agents, inspectors, ex- 
penses, damages, etc., $25,000 and 
$30,140 per annum. 

Veterinary examiners: Per diem 
and expenses, $800 per annum. 

Biological laboratory: Buildings, 
equipment, hogs, supplies, etc., 
$72, 000; salaries, $6,400 per annum. 

49. Insurance Superintendent — Ac- 

tuary, clerks, other employees, 
examinations, miscellaneous ex- 
penses, legal services, printing, 
etc., $73,525 per annum; office 
equipment, $1,450. 

50 . Lincoln Homestead— Custodian^, 

repairs, heat and light, and inci- 
dentals, $2,450 per annum. 

51 . Lincoln Monument — Custodian, 

fuel, and incidentals,_$3,250 per 
annum; repairs, $500. 

52. Historical Library— Care, books, 

printing, employees, meetings, 
copying, "Lincoln Way" expen- 
ses, etc., $6,000 and $20,100 per 
annum. 

53 . Library Extension Commission— 

Organizer, employees, extra help, 
expenses, books, postage and inci- 
dentals, $1,700 and $3,570 per 
annum. 

54. Supreme Court Reporter — Print- 

ing, expenses, custodian and mes- 
senger, $1,920 per annum. 

55. Factory Inspector— Rent, light, 

employees, office and contingent 
expenses, etc., $10,000 and $33,160 
per annum. 

56. Board of Arbitration— Vetoed. 

57. Board of Pardons— Incidentals 

and stenographer, $2,200 per an- 
num. 

58. N.^.TURAL History Laboratory — 

Survey, bulletins and reports, 
$10, OO'O per annum. 

59. State Entomologist— General ex- 

penses, San Jose scale, etc., $21,000 
per annum: chinch bugs, $5,000. 



94 



APPROPEIATIOXS. 



STATE GOVERNMENT— ORDINARY AND CONTINGENT— CojifwutecZ. 



60. Board of Health — Secretary, san- 

itary inspector, meetings, investi- 
gations, employees, etc., .$29,440 
per annum. 

Prevention of diseases, sanitary 
investigations, inspection of lodg- 
ing houses, employees, rent, etc., 
317,920 per annum; incidentals 
and special services, SI, 475. 

Anti-diphtheric serum, treatment of 
rabies, typhoid vaccine, preven- 
tion of blindness, etc., -$41,000 per 
annum; serum deficiency, 83,- 
594.2.5. 

Examinations, clerical services, ex- 
penses, printing and binding, 
incidentals, attorney, bacteriolo- 
gist, etc., ?30,7!>0 per aimum. 

61 . Food Commi.ssioner— Miscellane- 

ous expenses, employees, rent and 
incidentals, $.50,300 per annum. 

62. Highway Commission— Engineers 

and assistants, stenographers, 
clerks, experimental work, statis- 
tics, etc., $100,000 per annum. 

63. Crvrr, Service Commis.sion— Secre- 

tary and chief examiner, employ- 
eesj supplies, expenses, investiga- 
tions, rent, etc., 836,440 per 
annum; deficiency, $500. 

64 . Board of Prison Industries — 

Employees, expenses and inci- 
dentals, $4,200 per annum. 

65. Geological Commission— Support 

and extension, survey of over- 
flowed land, study of coal mining 
industry, maps, reports, etc., 
$7,500 and $34,500 per annum. 

66. University of Illinois— Interest 

on endowment funds, S65,000. 

67. Rivers and Lakes Co^imission — 

Secretary, employees, expenses, 
surveys, maps, prosecutions, rent, 
etc., $30,200 per annum; defi- 
ciency, $4,000. 

68 . Commission to Investigate State 

Departments— Expenses $40,000. 

69. Illinois Park Commission — 

Starved Rock Park: Maintenance 
repairs, land, improvements, ex- 
penses, superintendent, labor, 
etc., $52,700 and $2,000 per annum. 
Shabonna Park Monument: Re- 
pairs and improvements of ground 
.$2,000. 

70. Game and Fish Conservation 

Commission — Salaries of commis- 
sioners, wardens, deputies, em- 
ployees, expenses, maintenance 
of game farm, fish propagation, 
etc., $180,600 per annum; launches, 
$12,500. ,ij ,„ ^ „ j^-i,^^^ 

71. Board of Administration— Em- 

ployees, per diem, clerk hire, 
expenses, etc., $38,680 per annum. 

Adult blind: Visitation and in- 
struction, $10,000. 

Visitation of children in family 
homes: State agent, employees 
and expenses, $9,400 per annum. 



72 . Grand Army H.\ll and Memorial 

Association — Purposes enumer- 
ated, $3,500 per annum. 

73. Examiners of Architects— Per 

diem, salaries, rent, expenses, in- 
cidentals, etc., $6,700 per annum; 
deflciencj^, $500. 

. 74 . Dental Examiners— Salaries, rent, 
per diem, expenses, printing, in- 
cidentals, etc., $7,025 per annum. 

75. Inspector of Private Employ- 

ment Agencies— Employees, $3,- 
220 per annum; rent and general 
expenses, $1,500. 

76. Barbers' Examiners— Salaries. 

employees, expenses, rent, inci- 
dental's, etc., $9,810 per annum. 

77. Inspector of Apiaries— Salaries, 

$2,000 per annum. 

78. Board of Pharmacy — Employees, 

per diem, expenses, rent, etc., 
.$2,800 and $15,300 per aimuih. 

79. Fire Marshal— Employees, extra 

salary to acting fire rnarshal, ex- 
penses, fees, etc., $1 300 and $71,280 
per annum^payable out of special 
funds. 

80 . Nurse Examinees —Meetings and 

examinationsj expenses, employ- 
ees, rent, incidentals, etc., $5,130: 
per annum. 

81 . Mine Rescue Station Commission: 

—Equipment and maintenaxice, 
expenses, incidentals, employees, 
etc., $35,000 per annum. 

82. Stallion Registration Board — 

Employees, per diem, expenses, 
incidentals, etc., $1,500 and $10,480^ 
per annum. 

83. Wm. Schofield, $75; Edna Little, 

$250. 

84. Printer Expert— Employees, of- 

fice expenses and extra help;. 
86, 540 per annum. 

85. Fort Massac Trustees— Custo- 

dian, improvements and expenses, 
$3,100 per annum; extension of 
walls, $1,500. 

86. Board of Agriculture— Secre- 

tary, employees, exhibit at State 
Fair, expenses, statistics, inci- 
dentals, maintenance and repairs-. 
of State Fair grounds, etc., $32,000 
per annum; covered walks, $10,000. 

87. Farmers' Institute— Incidentals, 

employees, per diem, expenses, 
meetings, speakers, etc., county 
farmers' institutes, etc., $15,300 
and $16,900 per amium— sworn 
statement covering county insti- 
tute — no compensation to officers. 

88 . Educational Commission — Contin- 

uation of work, $10,000. 



APPROPRIATIONS. 



95 



STATE GOVERNMENT— ORDINARY AND CONTINGENT— ConcZwded. 



89. State Water Survey— Director, 

employees, expenses, incidentals, 
supplies, etc., $21,-500 per annum. 

90. INDU.STRIAL BOARD— Emplo y e es, 

arbitration and medical fees, ex- 
penses, rent, office supplies, inci- 
dentals, etc., $27,800 per annum. 

91. Horticultural Society— Advanc- 

ing interests, $5,000 per annum — 
proviso. 

92. Public Utilities Commission — 

S60, 000 per annum. 

93. Legislative Reference Bureau 
— Employees and expenses, $25,000. 

94. Tax Commission— Vetoed. 



§ 2. 



95. Public Utilities Investigation 

Committee— To persons named, 
$13,272.64. 
Miners' and Mechanics' Institute 
— In accordance with Act of 1911, 
$15,000 per annum. 

96. Home Finding Societies Investi- 

gation Committee— The sum of 
$7,000. 
Witness fees and expenses: To per- 
sons named, $161. 

97. Old Age Pension Investigation 

Commis.sion— Vetoed. 

How drawn — certification of pay rolls — 
traveling expenses and other bills— refusal 
of warrants. 



§ 3 . Veto of items not to affect other items. 
(House Bill No. 895. Approved June .30, 1913.) 

An Act to provide for the ordinary and contingent expenses of the State 
Government until the expiration of the fiscal quarter after the ad- 
journment of the next regular session of t\IVe General Assembly. 
Section 1. Be it enacted hy 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 here- 
inafter named, be, and are hereby, appropriated to meet the ordinary 
and contingent expenses of the State government, until the expiration of 
the first fiscal quarter after the adjournment of the next G-eneral 
Assembly. 

First — A sum not to exceed $5,000 per annum shall be subject to the 
order of the Governor for the purj)ose of defraying such public expenses 
of the State government as are unforseen by the General Assembly, and 
not otherwise provided fox 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 auditor; 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 $8,000 per 
annum for postage, expressage, telegraphing, telephoning, traveling ex- 
penses, proportionate expense of Governor's conference, and other ex- 
penses connected with the Governor's office, payable 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 
and sustenance of employees,, stable expense and other incidental expenses 
of the Executive Mansion, the sum of $15,000 per annum. For repairs, 
improvements, and refurnishing at the Executive Mansion and improve- 
ment of grounds, $16,000.00. 



96 APPEOPEIATIONS. 



To the Grovernor for repairing, refurnishing, recarpeting and redeco- 
rating the executive ofl&ces, the sum of $3,000. The sum of five thousand 
dollars, or so much thereof as may be required, for defraying all of the 
costs and expenses of presenting and prosecuting to final judgment an 
appeal of the case of People of Illinois ex rel, Charles S. Deneen and 
William H. Stead versus Economy Light and Power Company from the 
Supreme Court of the State of Illinois to the Supreme Court of the 
United States, and such appeal in such action is hereby authorized to 
be taken, by Edward E. Dunne and P. J. Lucey, in behalf of the People 
of Illinois. Eeappropriating to the Governor for the purpose of carry- 
ing out the provisions of an Act entitled, "An Act making an appropria- 
tion to the Grovernor to be used in the investigation and examination of 
books, records, reports and accounts of the Illinois Central Eailroad Co.," 
approved March 19, 1907, in force March 19, 1907, the unexpended 
balance of the $100,000, amounting to $49,905.90, in the State treasury 
of Illinois for the purposes specified in said Act and to be expended and 
paid in accordance with the provisions of said Act. 

Sixth — To the Lieutenant Governor, for clerical hire, 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, $3,600 per annum ; for one assistant 
chief clerk, $3,000 per annum; for one chief corporation clerk, $2,400 
per annum ; for one corporation clerk, $1,800 per annum ; for one cor- 
poration clerk, $1,500 per annum; for one corporation clerk, $1,500 per 
annum ; for one executive clerk, $2,100 per annum ; for one assistant 
executive clerk, $1,200 per annum; for one index clerk, $2,100 per an- 
num; for one assistant index clerk, $1,800 per annum; for one assistant 
index clerk, $1,200 per annum; for one assistant index and vault clerk, 
$1,000 per annum, for one anti-trust clerk, $2,100 per annum ; for one 
assistant anti-trust clerk, $1,800 per annum ; for one assistant anti- 
trvist clerk, $1,200 per annum; for one anti-trust clerk, $1,100 per 
annum; for one anti-trust clerk, $1,100 per annum;- for three clerks, 
$900 each per annum, $2,700 per annum; for one shipping clerk, $2,100 
per annum ; for one shipping clerk, $1,800 per annum : for one shipping 
clerk, $1,500 per annum ; for one shipping clerk,' $1,320 per annum ; for 
extra clerical services, $1,500 per annum; for one private secretary and 
stenographer, $2,100 per annum; for one automobile clerk, $2,100 per 
annum; one assistant aiitomobile clerk, $1,500' per annum; two assistant 
automobile clerks, $1,320 per annum each, $2,640 per annum; two 
clerks, $1,000 each per annum, $2,000 per annum; two stenogTaphers at 
$1,200 each per annum, $2,400 per annum; two stenographers, $840 
each per annum, $1,680 per annum; one messenger, $900 per annum; 
three automobile investigators, $1,200 each per annum, $3,600 per an- 
num ; traveling expenses for investigators, $1,800 per annum ; extra help 
in automobile department during busy season, the sum of $2,500 per 
annum; for one supply clerk, $2,100 per annum; for one assistant sup- 
ply clerk, $1,800 jDer annum ; one messenger for supply department, $900 
per annum ; for seven stenographers and typewriters, $1,200 each per 



APPROPRIATIONS. 9? 



annum, $8,400 per annum; for one bookkeeper, $2,000 per annum; for 
three porters and messengers, $900 each per annum, $2,700 per annum ; 
for one superintendent of Capitol building and grounds, $2,500 per 
annum ; for one ' assistant superintendent of Capitol building and 
grounds, $1,800 per annum ; for two carpenters, $1,000 each per annum, 
$2,000 per annum; for 6 policemen, $800 each per annum, $4,800 per 
annum; for four elevator conductors, $900 each per annum, $3,600 per 
annum; for ten janitors, $800 each per annum, $8,000 per annum; for 
one janitress, $800 per annum; for one flagman, $800 per annum; for 
one chief engineer, $1,800 per annum; for two assistant engineers, $1,320 
each per annum, $2,640 per annum; for nine firemen, $900 each per 
annum, $8,100 per annum ; for one weigher, $1,000 per annum ; for one 
chief electrician, $1,600 per annum; 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 $1,500 per annum; to the Secre- 
tary of State, for postage, expressage, telegraphing and other incidental 
expenses of his office, $5,000 per annum; and for the payment 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 improvements of same, and for the per- 
formance of such other duties as may be imposed upon him by law, and 
for which no other appropriation has been made, the sum of $5,000 per 
annum. 

Eighth — To the Secretary of State, for the purchase of fuel and for 
repairs and other incidental expenses conneetecl with heating the State 
House and other buildings under his control, the sum of $12,000 per 
annum; foi; repairing the State House heating and lighting plants and 
other buildings under charge of the Secretary of State, $1,000 per an- 
num; for incidental expenses connected with oj)erating the State elec- 
tric lighting plant, $1,000 per annum. 

Ninth — To the Secretary of State, such sums as may be necessary to 
enable him to purchase such volumes of the reports of the decisions of 
the Supreme Court as he is or may be, by law, required to purchase, the 
sum of $6,000 per annum. 

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 State library, for the 
purchase of books and periodicals, the sum of $2,000 per annum ; for 
postage, $200 per annum; library tools, etc., $200 per annum; shelving 
and furniture, $1,000; 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, $1,300 per annum; for second 
assistant librarian, $1,200' per annum ; for third assistant librarian, 
$1,100 per annum ; for fourth assistant librarian, $1,000 per annum ; 
for fifth assistant librarian, $900 per annum; for sixth assistant 
librarian, $900 per annum; for janitor State Library, $900 per annum. 

—7 L 



98 APPROPRlATlOKS. 



Twelfth — To the Secretary of State, for copying the laws, journals 
and joint resolutions of the General Assembly, afe provided by law, $300, 
and for expressage and postage on same, $2,000 per annum; for tele- 
phone tolls for members of the General Assembh^, the sum of $1,500. 

Thirteenth — To the Secretary of State, for the purchase of automobile 
supplies, consisting of number tags, certificates of registration, alumi- 
num tags, chauffeur licenses, plate numbers, badges, discs, etc., the sum 
of $75,000 per annum. No part of which is to be used for the payment of 
salaries. And to the Secretary of State, the sum of $20,000 per annum, 
or so much thereof as may be necessary for freight, drayage, postage, 
expressage and parcel post postage, for the delivering, mailing and ship- 
ment of automobile supplies, plates, badges, printed matter, etc., in 
connection with the automobile department, no part of which shall be 
used for the payment of salaries. 

Fourteenth — To the Secretary of State, for deputy in charge of 
Chicago office, automobile department, who shall be a notary public and 
administer oath to applicants for chauffeur licenses without charging any 
notary fee, $2,250 per annum; for stenographer and clerk, Chicago 
office, $1,000 per annum ; for examiner of chauffeurs, $1,500 per annum ; 
for office rent, $1,200 per annum ; light and telephone, $200 per annum ; 
purchase of book typewriter and adding machine, $1,000. To the Secre- 
tary of State, for the purpose of installing three modern electric 
elevators in the State House, the work to be let by contract to the lowest 
and best bidder, the sum of $15,000, or so much thereof as may be 
necessary. 

Fifteenth — To Secretary of State, for expense of printing Blue Book, 
$2,000 ; to the Secretary of State, for the improvements of lavatories and 
closets connected with the Senate Chamber and hall of the House of 
Representatives; also ladies' toilet on second floor of the State House, 
the sum of $15,000, or so much thereof as may be necessary. 

Sixteenth — To the Board of Commissioners of State Contracts, for the 
purchase on contract, as required by law, and other necessary expenses 
connected therewith, of printing paper and stationery for the use of the 
General Assembly and the executive departments, the sum of $140,000. 

Seventeenth — To the Board of Commissioners of State Contracts, for 
public printing, the sum of $150,000, or so much thereof as may be 
required; for public binding, the sum of $55,000, or so much thereof as 
may be necessary; the public printing and binding to be paid according 
to contract; for salary of secretary to the board, $300 per annum. 

Eighteenth — To the Auditor of Public Accounts, for necessary clerk 
hire in his office, the following sums : For chief clerk, $5,000 per 
/ annum ; for warrant clerk, $3,000 per annum ; first assistant warrant 
clerk, $2,000 per annum; for four assistant warrant clerks, $1,800 per 
annum, $7,200 per annum; journal clerk, $1,600 per annum; for book- 
keeper, $1,800 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 stenographers, $1,200 per annum each, $2,400 per annum; for 
one messenger clerk, $900 per annum; for one janitor, $800 per annum; 
for additional clerk hire, $3,200 per annum ; also for postage, express 



APPROPRIATIONS. 99 



charges, telegraphing and other incidental expenses, $5,000 per annum. 
Also for paying the necessary examiners and clerks in the building and 
loan department of the Auditor's office, the following sums : One assist- 
ant chief clerk in banking and loan department, $3,000 per annum ; for 
one building and loan clerk, $2,500 per annum ; for one building and 
loan clerk, $2,250 per annum ; for one examiner, $3,000 per annum ; 
for one examiner, $2,300 per annum ; for one examiner, $2,400 per 
annum ; for one examiner, $2,000 per -annum ; for one examiner, $1,800 
per annum ; for necessary railroad fare and other traveling expenses of 
building and loan examiners, $4,000 per' annum. For amount to pay for 
services and expenses of examiners for making examinations of books 
and accounts of the various departments of the State as required by 
sections three and four of "An Act in relation to the payment of public 
money of the State into the State treasury," the sum of $10,000 per 
annum; also for paying the necessary examiners and clerical services 
incidental to the banking department of Auditor's office, the following 
sums: For two- examiners of State banks in the city of Chicago and 
Cook county, $5,000 each per annum, $10,000 per annum ; for two 
assistant examiners in Chicago, $3,600 each per annum, $7,200 per 
annum; for two assistant examinees, $2,500 each per annum, $5,000 per 
annum; for two stenographers for the bank examiner's office in the city 
of Chicago, $2,400 per annum ; for four examiners for examination of 
State banks outside of Chicago, each $4,000 per annum, $16,000 per 
annum; for chief clerk in charge of banking department, $5,000 per 
annum; for one clerk in banking department, $1,500 per annum; for two 
stenographers, $1,200 each per annum, $2,400 per annum; for one clerk 
and messenger, $900 per annum ; for extra clerk hire and extra exam- 
iners, $5,000 per annum ; for amount necessary to pay the traveling 
expenses of bank examiners and other necessary expenses of the depart- 
ment, $7,500 per annum. For expenses in the levying, collecting, com- 
pleting and keeping an account of the interest and principal on registered 
bonds, the sum of $2,000 per annum. For rent of Chicago office, $1,500 
per annum; for furniture, carpets and file cases for same, $1,000, for 
changing fixtures in office and additional furniture, $1,700. 

Nineteenth — To the Auditor of Public Accounts, a sum not to exceed 
$8,000 per annum, or so much thereof as may be necessary, for the 
conveying of female offenders to the 'State Training School for Girls, 
and also the sum of $15,000 per annum, or so much thereof as may be 
necessary, for conveying of delinquent boys to the St. Charles School 
for Boys, such pa3mients in each case to be ascertained and paid in the 
same manner as required by law for the conveying of prisoners to the 
penitentiary. 

Twentieth — To 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 fsom 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 



100 . * APPEOPEIATIONS. 



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 $10,000 
per annum, or so much thereof as may be necessary, for conveying 
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 
ascertained and paid in the same manner as in cases of conveying pris- 
, oners 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 reformatory, 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 
arrests of fugitives from justice, to be paid on bills of particulars 
having the approval of the Governor indorsed thereon. 

Twenty-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 
expenses, a sum not exceeding $10,000 per annum, payable in the man- 
ner provided by law. 

Twenty-fifth — To the Auditor of Public Accounts, the sum of fifty- 
seven thousand dollars ($57,000) per annum, or so much as may be 
necessar}^, to pay the interest on school fund, distributed annually in 
pursuance of law, said amount to be ^^ayable from the State Eevenue 
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 the 
Illinois Asj'lum 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. 

Tiventy-seventh — To the Auditor of Public Accounts, the sum of 
$3,000,000 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 
superintendents 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, for the regular and ordi- 
nary work of his office, the following: One chief assistant, $7,500 per 



APPROPRIATIONS. 101 



annum; one assistant Attorney General, $5,000 per annum; two assist- 
ants at $4,500 each per annum, $9,000 per annum; two assistants at 
$3,500 each per annum, $7,000 per annum; one assistant, $3,000 per 
annum ; one assistant, $3,500 per annum ; one brief maker, $3,000 
per annum; one inheritance tax assistant, $2,400 per annum; one law 
clerk, $2,000 per annum ; one docket and filing clerk, $1,500 per annum ; 
one private secretary and stenographer, $1,800 per annum; one court 
reporter, $1,800 per annum; three stenographers at $1,200 each per 
annum, $3,600 per annum; two stenographers, $1,200 each per annum, 
$2,400 per annum; one messenger and index clerk, $1,200 per annum; 
one telephone operator, $600 per annum; one janitor, $800 per annum; 
for telegraphing, telephoning, expressage, postage, office supplies, and 
traveling expenses of Attorney General and the regular employees of the 
office, $8,000 per annum ; for court costs in U. S. courts, expenses con- 
ducting investigations, preparation and trial of suits and appeals, 
employment of special assistants, brief writers and extra help, and for 
incidental expenses, $35,000 jDer annum, $70,000. 

To the Attorney General, for the purpose of employing special coun- 
sel, traffic experts, accountants, stenographers, clerks, and other necessary 
assistance in the case of the State of Illinois v. Illinois Central Eailroad 
Company, pending in the circuit court of LaSalle county, and for the 
purpose of defraying the costs and expenses of an accounting in said 
case, and for the preparation, hearing and completion of said case, the 
sum of $100,000; and in addition to said sum of $100,000, there is 
hereby reappropriated for said purpose the balance of the appropriation 
made to the Attorney General by the Forty-seventh General Assembly, 
to employ special counsel, experts, accountants and assistants to carry 
on the case of the State of Illinois v. Illinois Central Eailroad Com- 
pany, now pending in the circuit court of LaSalle county, and for other 
special work, collection of evidence and expenses in connection with the 
investigation by the committee of the General Assembly authorized to 
be appointed by joint resolution of Feb. 24, 1909, for the purpose of 
investigating the rights of the State of Illinois in submerged and made 
lands in connection with the navigable waters of the State of Illinois, 
remaining in the treasury on the first day of July, 1913. 

To the Attorney General, for special work, collection of evidence and 
expenses and other necessary assistance in the matter of investigation 
and litigation relative to submerged and made lands in connection with 
the navigable waters of the State of Illinois, the sum of $27,500. 

To the Attorney General, for the expense, work and maintenance of the 
Inheritance Tax Office : In counties of the third class, one assistant 
Attorney General in charge of inheritance tax office, $5,000 per annum; 
two other assistants, $4,000 per annum each; one other assistant, $3,500 
per annum; one clerk, $1,800 per annum; one assistant clerk, $1,200 per 
annum ; two court reporters, at $1,500 each per annum. $3,000 jjer :inuum ; 
three stenographers at $1,200 each per annum, $3,600 per annum; one 
telephone operator, $600 per annimi; for special investigations, $8,000 



102 APPROPEIATIONS. 



per annum; for office rent, $4,400 per annum; for electric light, $300 
per annum; for telephones, $350 per annum; for telephone deficiency, 
$240; to purchase desks and office furniture and fixtures, $1,000; 
for stationery, postage, maps, certificates, incidental supplies and inci- 
dental expenses, $2,500 per annum. 

For employment of assistant investigators and expenses collecting 
inheritance tax outside of Cook county, $10,000 per annum; to pay cost 
and expense in disbarment proceedings, $2,000 per annum. For new 
Chicago office, for rugs, $610 ; for furniture, $1,390. 

T IV enty -ninth — To the State Treasurer, for assistant State Treasurer, 
$6,000 per annum; for chief clerk, $4,000 per annum; for cashier, $3,000 
per annum ; one assistant cashier and clerk, $1,800 per annum ; for book- 
keeper and clerk, $1,800 per annum; for record clerk, $1,500 per annum; 
for stenographer and clerk, $1,500 per annum; for stenographer and 
clerk, $1,200 per annum; for messenger and clerk, $1,200 per annum; 
for nine (9) guards, $8,100 per annum; for office expenses, postage, 
express, etc., $4,000 per annum; for expenses collecting inheritance tax, 
$25,000 per annum; for fiscal secretary in re investing and collecting 
public funds and the interest^ thereon, $2,500 per annum; for paying 
premium on employees' bonds, $1,000 per annum; for furniture and 
adding machines, $2,000 ; expense of handling collateral, $3,500 per 
annum for employment of attorney in re-investing and collecting public 
funds and the interest thereon, $4,000 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 collectors' accounts under laws governing such cases, to be paid out of 
proper funds. 

Thirty-first — To the Superintendent of Public Instruction, the fol- 
lowing sums are hereby appropriated : For three assistants, the sum of 
$2,800 each per annum, $8,400 per annum; one supervisor of high 
schools, $4,000 per annum; for one clerk, $2,000 per annum; for two 
statistical clerks, $2,000 each per annum, $4,000 per annum; for one 
stenographer, $1,200 per annum; for one stenographer, $1,200 per an- 
num; for one stenographer, $900 per annum; for one messenger and 
mailing clerk, $1,100 per annum; for one janitor, $600 per annum; for 
postage, expressage, telegraphing, expense of State examinations, and all 
other necessary expenses of his office, a sum not exceeding $6,000 per 
annum; for conducting the medical and State teachers' examination, 
$1,500 per annum; for medical examinations from July 1, 1912, to July 
1, 1913, $600. 

To the Superintendent of Public Instruction, to enable him to com- 
plete and publish the work of the Educational Commission, $1,000. ' 

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, $2,000 per annum ; also the sum of $1,700 per annum for postage, 
telegraphing, repairs and other incidental expenses connected with memo- 
rial hall and office; also for custodian of memorial hall, $1,300 per 
annum; for stenographer, $1,200 per annum; for custodian of arsenal, 



APPROPRIATIONS. 103 



$1,300 per annum; for ordnance sergeant at arsenal, $720 per annum; 
for custodian at Camp Lincoln, $720 per annum; one messenger, $900 
per annum. 

Thwty-third — To the State Charities Commission, for salary of assist- 
ant secretary and stenographer, $1,200 per annum; for inspector of 
institutions, $1,200 per annum; for stenographer, $900 per annum; for 
messenger, $800 per annum; for office and incidental expenses of the 
commission, including postage, expressage, office supplies, etc., and the 
necessary expenses of the commissioners and employees while engaged 
in the discharge of their duties of visitation and inspection within the 
United States, as required by law, $5,000 per annum, or so much thereof 
as may be necessary. 

For the purchase of books for the library and to secure, when advis- 
able and possible, copies of plans and specifications of modern jails and 
almshouses, that they may be kept on file for the guidance and instruc- 
tion of counties planning new jails or almshouses, $500 per annum. 

For the Illinois State Conference of Charities, holding annual ses- 
sions, securing speakers, and incidental expenses, $750 per annum; for 
the expenses of the boards of auxiliary visitors in making inspection, 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 board upon his 
filing a certificate of the expense incurred in making such inspection. 

Thirty-fourth — To the Supreme Court, for the purpose of buying 
additional books for the Supreme Court library, binding books in the 
library which need to be rebound, the purchase of continuations and 
renewals of the different reports, encyclopaedias, reporters, law maga- 
zines and current text-books, $5,000 per annum ; for the expenses of 
the Supreme Court, stationery, repairs, maintenance of building, print- 
ing, furnishing, expressage, telephoning and telegraphing, $10,000 per 
annum; for the salary of the librarian of the Supreme Court, $2,400 
per annum; for assistant librarian, $1,200 per annum; for court steno- 
graphic work, $1,200 per annum; for salary of custodian, $1,000 per 
annum; for salary of stenographer and court reporter, $1,500 per annum; 
for the salary of the head janitor, $1,000 per annum; and for three 
janitors, $840 each per annum, $2,520 per annum; messenger, $840 
per annum ; matron, $840 pe-r annum ; two elevator conductors, $840 
each per annum, $1,680 per annum ; two watchmen, $840 each per 
annum, $1,680 per annum ; one engineer and electrician. $1,500 per 
annum. 

Thirty-fifth — To the clerk of the Supreme Court, one janitor and who 
shall act as messenger for court, $1,000 per annum ; To J. McCan Davis, 
Clerk of the Supreme Court, in payment of costs incurred in the case 
of the People of the State of Illinois ex rel. Charles S. Deneen, Gov- 
ernor, and William H. Stead, Attorney General, v. Economy Light and 
Power Company, thirty-three hundred and fifty dollars ($3,350). 

Thirty-sixth — To the Appellate Court of the First District, for rent 
and for no other purpose, $14,220 per annum ; rent deficiency, $5,945 ; 
for the purchase of law books and reports, $1,500 per annum ; for 



i04 APPROPEIATIONS. 



furniture and carpets, $750; for incidental expenses, $1,000 per annum 
for each court, $4,000 per annum; for stenographer's salary, $1,500 
per annum for each court, $6,000 per annum; said stenographers to be 
appointed b}-, and their duties to be prescribed by, the clerk and judges 
of the respective courts; for librarian's salary (both courts), $800 
per annum. 

Thirty-seventh — To the Second District, ajjpellate court, for sta- 
tionery, fuel, light, postage, expressage, furniture and other expenses 
deemed necessary by the court, $2,500 per annum; for law books, $600 
per annum; for rebinding law books, $500 per annum; for librarian, 
$600 per annum; for one stenographer, $1,500 per annum; for painting 
court room, hall, conference room, and clerk's office, $105 ; painting 
building, $800; repairs on ceiling, $475. 

Thirty-eighth — 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 particulars, 
certified to by the clerk of said court. 

Thirty-ninth- — To the Fourth District, appellate court, the sum of 
$1,500 per annum for stationer}-, fuel, light, postage, expressage, repairs, 
furniture and other expenses deemed necessary by the court; for lox^ 
books, $800 per annum ; for librarian, $600 per annum ; painting, paper- 
ing, etc., $400. 

Fortie'Ji — 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 appointed by the clerks of the respective courts, 
and to perform such duties as shall be determined by the judges and 
clerks of the respective courts, to be paid on the order of at least two 
of the judges • 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, 
respectively; such salaries to be paid monthly on pay-rolls duly certified 
to the respective clerks and approved by at least two of the judges of 
said courts, respectively. 

Forty-first — To the Eailroad and Warehouse Commission, the follow- 
ing amounts and for the following purposes : 

1. For the salary of assistant secretary and statistician, $3,000 per 
annum. 

2. For the salary of an engineer when emploj^ed by the commission, 
$5,000 per annum; an assistant engineer, $2,000 per annum. 

3. For the salary of expert rate clerk, $3,000 per annum. 

4. For incidental expenses of their office, including care, furnishing, 
stationery, books, postage, telegraphing, telephoning, and any other 
necessary expenditures of said commission, $5,000 per annum or such 
part thereof as may be necessary for such purpose. 

5. For necessary periodicals, books, etc., for library indexing and 
care of same, $500 per annum; for salary of statistical clerk, $1,560 
per annum. 



APPROPRIATIONS. . 105 



G. For expense incurred in investigation in connection with the rates, 
management or operation, etc., of any common catrier, $1,500 per 
annum, or such part thereof as ma}' be necessary for such purpose. 

7. For expense incurred in any suits commenced by authority of the 
State, or necessary legal services rendered by order of the commission, 
$1,800 per annum,- or such part thereof as may be necessary for such 
purpose. 

8. For the necessary expenses of the commissioners, secretary or other 
regular employee or appointee of said commission, $4,500 per annum, 
or such part thereof as may be necessary for such purpose. 

9. For mailing, expressing- and publishing of schedules of reasonable 
maximum rate of charges for the transportation of passengers and 
freight, made or revised for all of the railroads of the State as provided 
by law, $1,000 per annum, or such part thereof as may be necessary for 
such purpose. 

10. For the mailing, publication and distribution of schedule of 
reasonable maximum express rates and charges for the transportation by 
express, made or revised for all of the express companies within this 
State, as provided by law, and for the necessary investigation of the 
facts to determine such reasonable schedule of rates, and for the prepa- 
ration of blanks, rules and regulations therefor, and the necessary exjjert 
help in relation thereto, $1,500 per annum, or such part thereof as may 
be necessary for such purpose. 

11. [Omitted.] 

12. For printing, mailing, expressing and publication of railroad 
maps of Illinois for general distribution, $2,000 per annum, or such 
part thereof as may be necessary for such purpose. 

13. For the salary of official reporter, $1,200 per annum. 

14. For the salary of stenographer, file and index clerk, $1,200 per 
annum. 

15. For salary stenographer, engineering department, $1,200 per 
annum. 

- 16. For salary stenographer, rate and statistical department, $1,200 
per annum. 

17. For the salary of clerk and stenographer, Chicago, $1,200 per 
annum. 

18. For the salary of stenographer and secretary to the chairman of 
the commission, $1,200 per annum. 

19. For salary of janitor and messenger, $800 per annum. 

For State Grain Inspection Department, Chicago district : One chief 
inspector, $6,000 per annum; one assistant chief inspector, $2,500 per 
annum; one chief clerk, $2,250 per annum; one cashier, $2,000 per 
annum; one shipping clerk, $1,800 per annum; one clerk, $2,000 per 
annum ; two clerks, $1,800 each 'pev annum, $3,600 per annum ; three 
clerks, $1,500 each pier annum, $4,500 per annum; nine clerks, $1,350 
each per annum, $12,150 per annum; four clerks, $1,200 each per an- 
num, $4,800 per annum ; one clerk, $1,080 per annum ; one supervising 
inspector, $2,750 per annum; one supervising inspector, $2,400 per 
annum; two messengers, $1,800 each per annum, $3,600 per annum; 
fourteen deputy inspectors, $1,800 each per annum, $25,200 per annum; 



106 APPROPRIATIONS. 



one stenographer and secretary to the chief inspector^ $1,300 per annum; 
one stenographer, $1,200 per annum; one deputy inspector, $1,500 per 
annum ; four deputy inspectors, $1,350 each per annum, $5,400 per 
annum; twenty-five samplers, $1,200 each per annum, $30,000 per 
annum; twenty-three helpers, $1,080 each per annum, $24,840 per 
annum ; registration division, one registrar, $2,500 per annum ; one chief 
clerk, $2,000 per annum; one clerk, $1,500 per annum; two clerks, 
$1,200 each per annum, $2,400 per annum; three members of appeals 
committee, $1,200 each per annum, $3,600 per annum ; one ^phone 
operator in grain department, $720 per annum; one janitor, $840 per 
annum. 

Expenses of Chicago office: Rent and light, $9,000 per annum; for 
bags, $1,250 per annum ; for furniture and files, $1,000 ; for storage, 
$360; miscellaneous expense, $1,000 per annum; for purchase of auto- 
mobile, $3,000; for printing and lithographing, $3,000 per annum; for 
telephone service, $1,200 per annum; for oil, $400 per annum; water 
and ice, $300 per annum; trucks, $150 per annum; surety bonds, $350 
per annum; grain fryers, $200 per annum; testers, $100 per annum; 
ladders, $100 per annum; car fare, $300 per annum; delivery, drayage 
and express, $3,000 per annum; postage, $150 per annum; extra help, 
$1,500 per annum ; moisture testing machine, $500 ; exnense of moisture 
testing machine, $600 per annum; car demurrage, $100 per annum; 
towels, $100 per annum; telegraph, $100 per annum; pencils, pens and 
ink, $150 per annum; rubber stamps, $75 per annum; typewriter sup- 
plies, $100 ; stationery, $200 per annum ; advertising, $100 per annum ; 
brooms, dusters, mops, etc., $100 per annum ; inspection pans, $50 per 
annum ; steel bars, $50 per annum ; expense of moving, $800 ; twine, $75 
per annum; carpenter work, $1,000; repairs., $300 per annum; Grain 
Dealers' Association, $200 per annum. Also hereby appropriated for 
the use of the Chicago district of the grain inspection department to 
pay balance of clerk hire for the month of June, 1913, the sum of 
•^552.59, and the sum of $705.01 to pay balance of salaries of deputy 
inspectors for the month of June, 1913. 

East St. Louis district : One deputy chief inspector, $2,400 per an- 
num ; one registrar, $1,800 per annum ; one clerk, $1,500 per. annum ; 
one supervising inspector, $1,800 per annum; four assistant inspectors, 
$1,500 each per annum, $6,000 per annum; three helpers, $1,080 per 
annum each, $3,240 per annum; for incidental expenses of East St. 
Louis office, $1,200 per annum. Joliet district, one cleputv grain in- 
spector, $900 per annum; Kankakee district, one deputy grain inspector, 
$1,200 per annum; Decatur district, one deputy grain inspector, $1,800 
per annum; one grain helper, $720 per annum. 

Forty-second' — To the trustees of the Illinois State Museum of 
Natural History, for salary of an assistant curator, $1,200 per annum; 
for janitor and messenger, $1,000 per annum; for general expenses of 
museum, including expert services, traveling and other necessary ex- 
penses of the curator, $2,000 ; for books and specimens, $1,000 per 
annum; for purchase and repair of cases, $500 per annum; cataloguers 
and carpenters and stenographers, $600 per annum. 



APPROPRIATIONS. 107 



Forty-third — To the Commissioners of Labor Statistics, for one 
statistician, $1,5G0 per annum; one clerk, $1,560 per annum; one 
stenographer, $1,020 per annum; for one messenger and janitor, $800 
per annum; for two special agents for three months, each $375 per 
annum, $750 per annum; for traveling expenses for two special agents, 
$300 each, per annum, $600 per annum ; for additional stenographic 
and clerical hire, $100 per annum; traveling expenses for Commis- 
sioners of Labor, $600 per annum; for traveling expenses, secretary of 
Board of Labor Statistics, $400 per annum; for postage and expressage, 
$1,800 per annum; for telephone, $250 per annum; for telegraph, $100 
per annum ; for incidental expenses, $200 per annum. 

Forty-fowth-— To the State Mining Board : For expenses per diem 
and traveling expenses, five members of the State Mining Board, $5,000 
per annum; for one stenographer and bookkeeper, $1,200. per annum; 
one statistician, $1,800 per annum; one clerk, $1,500 per annum; for 
oil and powder testing, $1,000 per annum; for postage and express, 
$1,500 per annum ; for telegrams and telephonas, $300 per annum ; for 
incidental expenses, $400 per annum. 

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 
$12,000 per annum, or as much thereof as may be necessary, of which 
sum not to exceed $1,000 per annum shall be paid to any one inspector. 

To the State Mine [Miners'] Examining Board : For traveling ex- 
penses, $3,600 per annum. 

Forty-sixth — To the Illinois Free Employment Office, located in 
Chicago, the following sums: T^o the South Side office, for salary of 
male clerk, $1,000 per annum ; for salary of female clerk, $720 per an- 
num; 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, $1,000 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, $1,000 per annum; for 
stenographer, $900 per annum ; for janitor, $600 per annum ; for rent 
and general expenses, $2,250 per annum. 

To the Peoria office, for salary of stenographer, $720 per annum; 
janitress, $360 per annum; for rent and general expenses, $1,425 per 
annum. 

To the Springfield office, for rent and general expenses, $1,000 per 
annum; for stenographer, $720 per annum; for janitor, $600 per 
annum. 

To the East St. Louis office, for salary of stenographer, $720 per 
annum; for janitor, $600 per annum; for rent and general expenses, 
$1,800 per annum. 

To the Rockford office, for furnishing office, the sum of $200; for 
rent, $600 per annum; for janitor, $400 per annum; for incidental 
expenses, the sum of $400 per annum ; for stenographer, $720 per annum. 



108 APPEOPEIATIONS. 



Forty-seventh — The sum of $4,000, or so much thereof as may be 
necessary, to pay the expenses of the committees of the Forty-ninth 
General Assembly. 

Forty-eiglith — To the State Board of Live Stock Commissioners, the 
following sums are hereby appropriated : For salary of secretary, $3,000 
per annum; for salary of assistant secretary, who shall be a stenographer 
and typewriter, $1,500 per annum; for stenographer, $1,200 per an- 
num; for salary of shipping clerk messenger, $840 per annum; for 
telegraphing, postage, expressage and other incidental office expenses, 
$3,000 per annum; for salary of chief inspector at Union Stock Yards, 
Chicago, $3,000 per annum; for salary of clerk. Union Stock Yards, 
Chicago, $1,800 per annum ; for salaries of seven agents at Union Stock 
Yards, Chicago, including horse hire, $11,900 per annum; fox salary 
of chief inspector. National Stock Yards, $1,500 per annum; for 
salaries of one agent at National Stock Yards, $1,300 per annum, and 
one at Peoria, $1,200 per annum; to pay the traveling and incidental 
expenses of the commissioners and secretary, $3,000 per annum ; for 
paying damages for animals diseased or exposed to contagion, slaughtered, 
for per diem and traveling expenses of State and Assistant State Veter- 
inarians and special agents, for property necessarily destroyed or disin- 
fection of premises, when such disinfection is practicable, under any law 
of this State for the suppression and prevention of the spread of con- 
tagious and infectious diseases among domestic animals, the sum of 
$35,000, or so much thereof as may be necessary. 

For Board of Veterinary Examiners, $500 per* annum for per diem 
and the sum of $300 per annum for traveling and incidental expenses. 

For the erection, improvement and equipment of buildings for the 
Biological Laborator}^, $13,000; for the purchase of hogs necessary for 
producing serum, including labor, feed and all other laboratory work 
and necessary supplies, $60,000 ; for salaries of bacteriologist and assist- 
ant, $6,400 per annum. 

Forty-ninth — To the Insurance Superintendent : For actuary, per 
annum, $4,000; for assistant actuar}^, per annum, $3,400; for chief 
clerk, per annum, $3,000; for assistant chief clerk, per annum, $3,400; 
for messenger, per annum, $900 ; for janitor, per annum, $800 ; one 
cashier and bookkeeper, per annum, $3,300 ; one securities clerk, $3,200 
per annum; five valuation clerks, actuary's department, each at $1,500 
per annum, $7,500 per annum ; one abstract clerk and assistant examiner, 
$2,200 per annum ; one policy examiner and stenographer, per annum, 
$1,500; one certificate clerk, per annum, $1,500; one certificate clerk, 
per annum, $1,300 ; one certificate clerk, per annum, $1,300 ; two 
stenographers at $1,300 each per annum, $2,400 ]3er annum; one index 
clerk, per annum, $1,500; one chief examiner, $3,500 per annum; two 
assistant examiners, $2,500 each per annum, $5,000 per annum; ad- 
ditional office help, $1,000 per annum; office expenses, $8,000 per 
annum ; for all examinations and investigations such amount for expenses 
incurred and services of assistants employed as shall be collected from 
the companies or associations examined, not to exceed $10,000 per 
annum. For expenses in attending the National Convention of Tn- 



APPROPRIATIONS. 109 



surance Commissioners, per annum, $125 ; for expenses in the prosecu- 
tions of violations of the insurance laws, per annum, $3,000 ; for legal 
services, per annum, $4,000; for printing and distributing reports of 
the Farmers Mutual Insurance Companies, per annum, $1,000, or so 
much thereof as may be necessary ; for printing reports of examinations, 
$1,000 per annum; for otiice equipment, $1,450. 

Fiftieth — To the trustees of Lincoln Homestead, for the salary of the 
custodian, the sum of $1,500 per annum; for repairs and improvements, 
$300 per annum; for heating and lighting, $350 per annum; for inci- 
dental expenses, $300 per annum; to be expended by said trustees as 
provided in the Act of 1887, creating said trust. 

Fifty-first — To the trustees of Lincoln Monument, for salary of 
custodian, $1,500 per annum; for fuel, care of grounds and other inci- 
dental expenses, $1,750 per annum; for repairs, $500. 

Fifty-second — To the Illinois State Historical Library, for care, main- 
tenance, 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, $1,300 per annum; 
for salary of janitor and messenger, $900 per annum; for stenographer, 
$900 per annum; for expenses of Illinois State Historical Society, the 
holding of annual meeting, publication of quarterly journal, etc., the 
sum of $2,500 per annum, and for expenses of copying manuscripts in 
possession of county and township authorities, the sum of $5,000; for 
procuring and preserving documents, papers, and materials and publica- 
tions relating to the Northwest and the State of Illinois, the sum of 
$5,500 per annum; for expenses in connection with "Lincoln Way," 
$1,000. All to be expended under the direction of the trvistees of the 
Illinois State Historical Library. 

Fifty-third — To the Library Extension Commission, for organizer, 
$1,200 per annum; for assistant librarian, $900 per annum; for 
stenographer, $720 per annum ; for extra help, $150 per annum ; for 
traveling expenses, $600 per annum ; for the purchase of books, postage, 
incidental expenses, $1,700. 

Fifty-fowth — To the Supreme Court Eeporter, for the expenses of 
printing in advance the opinions of the Supreme Court, and of distri- 
buting printed proof thereof to the several members of the court and 
also to the Attorney General, in such cases as the State may be interested 
in, together with the expenses of transmitting such proofs and the 
original opinions by mail and express, and to make printers' corrections 
in '-"■aid proofs after final adoption, the sum of $1,200 per annum, pay- 
able 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, $5,000 
per annum ; for chief clerk, $1,200 per anmnn ; for two female investi- 
gators, $1,000 each per annum, $2,000 per annum ; to defray traveling 
expenses of inspector and deputy inspectors, pursuant to law. $16,000 
per annum ; for one stenographer, $1,200 per annum ; for two stenog- 
raphers and typewriters (to act as clerks when necessary), $1,000 each 



110 APPROPRIATIONS. 



per annum, $2,000 per annum ; for telephone, telegraph, express charges, 
postage, contingent expense, printing and office supplies, $10,000; for 
two issuing clerks, $900 each per annum, $1,800 per annum; for one 
chemist, $1,500 per annum; for. one stenographer, $900 per annum; for 
one messenger, $900 per annum; for one telephone operator, $660 per 
annum. 

Fifty-sixth — [Vetoed] . 

Fifty-seventh — To the Board of Pardons, for postage, telegraphing, 
expressage and other incidental expenses, $1,000 per annum; for salary 
of stenographer, $1,200 per annum. 

Fifty-eighth — To the State Laboratory of Natural History, for the 
expenses of the natural history survej^ the sum of $8,000 per annum; 
for the publication of bulletins and reports, $2,000 per annum. 

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 ; 
for the prevention and destruction of chinch bugs, $5,000. 

Sixtieth — To the State Board of Health, for salary of secretary, the 
sum of $'3,600 per annum; for salary of sanitary inspector, $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 
$5,500 per annum : Provided, that no part of the sum in this para- 
graph to be expended for legal services-; for expenses of laboratory for 
the investigation of disease, $4,400 per annum ; for chief clerk, 
[$] 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 clerk, 
$1,200 per annum; for registrar of vital statistics, $1,500 per annum; 
for Janitor and messenger, the sum of $840 per annum ; farm and dairy 
investigation, $5,000 per annum. 

Also the sum of $8,000 per annum, to be used only with the consent 
and concurrence of the Goyernor, on the recommendation and advice of 
the board, in case of an outbreak or threatened outbreak of any epidemic 
or malignant disease such as smallpox, yellow fever, Asiatic cholera and 
typhus fever, to defray the expenses of preventing the introduction of 
such diseases, or their spread from place to place within the State; to 
suppress outbreaks which may occur, and to investigate methods of their 
prevention; also for special investigation, when required by the sanitary 
necessities of the S.tate. For the necessary expenses, incurred in the 
supervision and inspection of lodging houses, boarding houses, taverns, 
inns, rooming houses and hotels, in cities of one hundred thousand or 
more inhabitants, the following: Salary of chief inspector, $2,000 per 
annum; for stenographer and clerk, $1,200 per annum; for five assistant 
inspectors, $1,200 each per annum, $6,000 per annum; for office rent, 
$720 per annum ; for postage, $150 ; for car fare for assistant inspectors 
and traveling expenses chief inspector, $150 ; for stationery and print- 
ing, $200 ; for telegraph, telephones and tolls, $275 ; for light, repairs 



APPROPRIATIONS. Ill 



to office furniture, expressage, miscellaneous expenses, $200. The sum 
of $300 to Amos Sawyer, for services as acting secretary to State Board 
of Health, from April 1 to July 1, 1913, this sum to be paid in addition 
to his sahiry as chief clerk. The sum of two hundred dollars to Elin 
Berg, for extra services performed. 

Also the sum of $29,000 per annum for the free distribution of anti- 
diphtheric serum throughout the State as a jDreventive against the 
spread of di^Dhtheria; $10,000 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 $3,000 per annum for the free treatment 
and sustenance of poor persons, certified as such by an overseer of the 
poor or other officers in charge of the dispensation of public charity in 
the several counties of the State, and certified by a licensed physician to 
have been bitten or otherwise wounded by rabid animals and 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 13, 1905. Distribution of typhoid vac[c]ine, $6,000 per annum; 
serum distribution deficiency, $3,594.25; for prevention blindness of 
children, $3,000 per annum. 

To the State Board of Health, also the sum of $16,500 per annum, or 
as much thereof as may be necessary, for expenses of examination, in- 
vestigation of colleges and State Board examinations, office and travel- 
ing expenses for members of the board, postage, clerical services, 
printing and binding, license certificates, fees returned, translations, 
incidental expenses, per diem of members of board, rating papers, special 
investigations, association dues, expenses in attending association meet- 
ings and meetings called on account of the enforcement of the medical 
practice and embalmers' Act: Provided, that no part of this sum to 
be expended for legal services. For one stenographer, $1,000 per annum, 
$2,000 ; for three stenographers, $900 each per annum, $5,400 ; for one 
stenogTapher (part time), $300 per annum, $600; for one clerk, $1,600 
per annum, $3,200; for one clerk, $1,500 per annum, $3,000; for one 
clerk, $1,080 per annum, $2,160; for one messenger, $900 per annum, 
$1,800 ; for one bacteriologist, $1,800 per annum, $3,600 ; for attorney 
foT the Board of Health, $2,500 per annum; for law clerk, $900 per 
annum. 

Sixty-first — To the State Food Commissioner, for expenses seven 
State Analysts, $4,200 per annum ; for expenses of 12 inspectors, $12,000 
per annum; for expenses of laboratory and office, $3,000 per annum; 
for rent of offices and laboratory, $5,000 per annum; for postage, 
$2,000 per annum; for expenses of State Food Commission, $4,000 per 
annum; for express, telegraph, telephone and office expense, $2,500 per 
annum; for expenses of attorney, $500 per annum; for expenses of 
Food Standard Commission, $1,500 per annum; for six stock food in- 
spectors, $1,200 each per annum, $7,200 per annum; expenses for six 
stock food inspectors, $3,600 per annum; two chemists, $1,200 each 
per annum, $2,400 per annum ; expenses for chemists, $1,200 per annum, 
$2,400 per annum. 



112 APPROPRIATIONS. 



Sixty-second — ^To the State Highway Commission, for one State 
engineer, $4,000 per annum; for one road engineer, $2,520 per annum; 
for one bridge engineer, $2,400 per annum; three assistant engineers, 
$2,000 each per annum, $6,000 per annum ; two assistant engineers^ 
$1,800 each per aiinum, $3,600 per annum; three assistant engineers, 
$1,500 each per annum, $4,500 per annum; one assistant engineer, 
$1,680 per annum; two stenographers, $1,000 each per annum, $2,000 
per annum; two stenographers, $900 each per annum, $1,800 per 
annum; two office assistants, $600 each per annum, $1,200 per annum; 
one messenger, $800 per annum ; e>q3erimental road work, preparation of. 
plans and estimates, collection of liigTiway statistics, and all other ex- 
periments that may be necessary for the work of the State Highway 
Commission, $69,500 per annum. 

Sixty-third — To the State Civil Service Commission, for salary of 
secretary and chief examiner, $3,500 per annum; for salary of one 
assistant examiner, $1,860 per annum; one assistant examiner, $1,500 
per annum; one stenographer, $1,100 per annum; one stenographer, 
$1,020 per annum; one stenographer, $1,200 per annum; one stenog- 
rapher, $1,020 per annum; one stenographer, $930 per annum; one 
stenographer (Chicago), $1,020 per annum; one bookkeeper, $1,200 per 
annum; one clerk, $1,200 per annum; one messenger, $840 per annum; 
for stationery, printing and supplies, $1,900 per annum; for examina- 
tion exjDenses, $3,800 per annum; for advertising expenses, $2,150 per 
annum; for traveling expenses, $3,300 per annum; postage, telegraph, 
telephone and express, $2,500 per annum; investigation of changes, 
$1,100 per annum; efficiency investigation, $5,000 per annum; rent, 
Chicago office, $300 per annum; deficiency up to June 30, 1913, $500. 

Sixty-fourth — To the Board of Prison Industries, for salary of the 
clerk to the president, $1,800 per annum; for an assistant clerk and 
stenographer, $900 per annum; for traveling and other expenses of the 
members, $500 ]3er annum; for express, postage and other miscellaneous 
expenses of office, $1,000 per annum. 

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 annurn. 

For making a survey of overflowed lands in Illinois, the sum of 
$7,500. 

For study of the coal mining industry, accidents and wastes, in 
cooperation with U. S. Bureau of Mines and the University of Illinois, 
the sum of $4,500 annually. (Preliminary arrangements already 
made.) 

For preparing and engraving illustrations and maps and for binding 
and printing special reports of the survey, all printing contracts to be 
approved by the printer expert, the sum of $5,000 per annum. 

Sixty-sixth — To the University of Illinois,, for the payment of interest 
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 
years 1913 and 1914, the sum of $65,000, or so much thereof as may be 
necessary under the terms of said Act. 



APPROPRIATIONS. 113 



l-scventh — To the Rivers and Lakes Commission: For one secre- 
tary, $3,600 per annum; one stenographer, $600 per annum; one sten- 
ographer, $1,200 per annum ; one junior engineer, $1,200 per annum ; 
one h3^drographic aide, $1,400 per annum; extra help when needed. 
$1,600 per annum; traveling expenses, etc., $2,000 per annum; special 
survey authorized, $5,000 per annum; progressive survey, rivers and 
lakes, $5,000 per annum; steam [stream] gauging, $2,000 per annum; 
maps and illustrations, etc., $3,000 per annum; prosecutions, $1,800 
per annum ; deficiency appropriation, $4,000 ; for rent, $1,800 per 
annum. 

Sixty-eighth — For the expenses of the commission appointed under 
provisions of Senate Joint Eesolution Number 22, the sum of forty 
thousand dollars ($40,000). 

Sixty-ninth — To the Illinois Park Commission, for maintenance and 
repairs of Starved Eock Park, the sum of $1,500 per annum; for addi- 
tional land, the sum of $45,000 ; for toilets and sewer systems, the sum 
of $5,000; for drainage system, $1,500; for labor and police (1912), 
$200; for traveling expenses, etc., of the commission, the sum of $500 
per annum; for salary of superintendent up to May 31, 1913, $1,000; 
for maintenance of repairs and improvements of ground around monu- 
ment erected by the State in Shabonna Park, Freedom Township, 
LaSalle county, Illinois, the sum of $2,000. 

Seventieth — To the Game and Fish Conservation Commission, one 
commissioner, $5,000 per annum; two commissioners, $2,500 each per 
annum, $5,000 per annum; six wardens at $1,500 each per annum, 
$9,000 per annum ; sixty deputy wardens at $1,200 each per annum, 
$72,000 per annum; sixty extra deputy wardens, for two months, 
$12,000 ; two stenographers, at $900 each per annum, $1,800 per an- 
num ; chief clerk, $1,800 per annum ; one clerk, $1,200 per annum ; one 
messenger, $800 per annum; traveling expenses, $30,000 per annum; 
office expense, printing, etc., $15,000 per annum ; fish propagation and 
protection, $15,000 per annum; for support and maintenance of State 
Gam.e Farm, $12,000 per annum ; purchase of launches, fifteen at $500 
each, $7,500; maintenance of launches, $5,000. 

Seventy-first — To the Board of Administration : For chief clerk, 
$2,500 per annum ; for statistician, $2,100 per annum ; for general 
bookkeeper, $1,800 per annum ; for one male clerk, $1,800 per annum ; 
one storekeeper and assistant bookkeeper, $1,800 per annum ; one male 
clerk, $1,800 per annum; two male stenographers and clerks, $1,200 
each per annum, $2,400 per annum; two female stenogTaphers, $1,000 
each per annum, $2,000 per annum ; one female stenographer, at 
$1,200 per annum; one filing clerk, $1,200 per annum; per diem of two 
reimbursing agents, $1,565 each per annum, $3,130 per annum; one 
messenger, $900 per annum ; one secretary of the Cherry Belief Com- 
mission, $300 per annum ; clerk hire tabulating bids and work in office, 
$1,750 per annum. 

To the Board of Administration: For traveling, office and all other 
expenses of the board and its employees, $14,000 per annum, 

—8 L 



114 APPROPRIATIONS. 



To the Board of Administration : For salaries and expenses of 
visitation and instruction of adult blind, $10,000; for expenses of the 
department of visitation of children placed in family homes, for two 
home visitors, $1,200 each per annum, $2,100 per annum; for one home 
visitor, $1,000 per annum; for one stenographer and office assistant, 
$1,000 per annum; for traveling expenses for State agent and home 
visitors, $4,000 per annum; for office expense and all other expenses of 
State agent and his emplo3rees, $1,000 per annum. 

Seventy-second — To the Grand Army Hall and Memorial Association 
of Illinois: For the payment of salary of two custodians, the sum of 
$1,000 each per annum, $2,000 per annum; for furniture and repairs, 
the sum of $500 per annum; that the sum of two thousand dollars 
($2,000) be appropriated for the Grand Army of the Eepublic, of the 
Department of Illinois, for the purpose of paying for the printing and 
publishing bills and other contingent expenses of a similar nature in- 
curred by said organization for the purpose of keeping a permanent 
record of the soldiers and sailors of the Civil War; that of the aforesaid 
sum appropriated, the sum of one thousand dollars ($1,000) shall be 
available annually for the purposes above named. 

Seventy-third — To the Illinois State Board of Examiners of Archi- 
tects: For the per diem and expenses of four members, $2,000 per 
annum; for the salary of secretar3^-treasurer, $1,800 per annum; for 
salary of stenographer, $900 per annum; for office rent, $1,100 per 
annum; for examination fees withdrawn, $60 per annum; for traveling 
expenses of secretary-treasurer, $100 per annum; for printing and 
stationery, $150 per annum; for biennial report and mailing same, $150 
per annum ; for postage, $100 per annum ; for advertising examinations, 
$60 per annum; for miscellaneous expenses, $280 per annum; deficiency 
for 1912-1913, $500. 

Seventy-fourth — To the State Board of Dental Examiners: For 
•secretary's salary, $100 per month, $1,200 per annum; for secretary's 
office rent, $75 per month, $900 per year; salary of stenographer, $75 
per month, $900 per annum; members, per diem. $2,000 per annum; 
members, expenses, $1,250 per annum; postage, $200 per annum; print- 
ing, including licenses .and certificates, $200 per annum; contingent 
fund, $150 per annum; telephone, $125 per annum; monitors, $100 per 
annum: Provided, that the total expenditures shall not exceed the 
amount collected and paid into the treasury of the State by the 
department. . 

Seventy-fifth — To the Chief Inspector of Private Employment 
Agencies and the Commissioners of Labor : For superintendence and 
enforcing the law in relation to licensed employment agencies: for 
salary of one male clerk, $1,000 per annum; for salary of one woman 
investigator of employment agencies conducted by women, $1,200 per 
annum; for stenographer, $900 per annum: for janitor, $120 per an- 
num ; for rent of office, traveling expenses, telephone, postage, telegraph, 
expressage, and all other general expenses, $1,500, or so much thereof as 
may be necessary. 



APPROPRIATIONS. 115 



Seventy-sixth- — To the Barbers' State Board of Examiners: Salaries 
for three board members, $3,600 per annum; for salary of one stenog- 
rapher, $1,000 per annum; for salary of one clerk, $1,000 per annum; 
expenses accounts for three members making inspections and holding 
examinations throughout this State, $1,750 per annum; office rent in 
Chicago, $1,000 per annum ; rent of examination rooms for holding 
examinations throughout the State, $200 per annum; telephone service, 
$200 per annum; gas and electric light, $100 per annum; printing and 
office supplies, $250 per annum; postage for mailing 10,000 renewals 
annually, license certificates, office correspondence, etc., $500 per annum ; 
incidentals, $150 per annum; secretary's bond, $60 per annum. 

Seventy-seventh — For salaries of State inspector of apiaries and 
assistants, the sum of $2,000 per annum. 

Seventy -eighth — To the State Board of Pharmacy : For the salary of 
one bookkeeper, $1,800 per annum; for one inspector, $1,800 per an- 
num; for per diem of members of board, $4,500 per annum; for 
expenses of members of board, officers and agents, $3,000 per annum; 
for one clerk, $1,200 per annum; for one stenographer, $1,200 per 
annum; for one janitor, $300 per annum; office expenses, $2,000; for 
emergency, for expenses members of board, officers and agents, for 
months of May and June, 1913, $300; for., per diem members of board 
for months of May and June, 1913, $500; for rental Chicago office, light 
and janitor service therefor, $1,500 per annum. 

Seventy-ninth — To the State Fire Marshal : For one chief deputy, 
$2,000 per annum; six deputies, $1,500 each, $9,000 per annum; 
eighteen deputies, $1,200 each, $21,600 per annum; three stenographers, 
$1,200 each, $3,600 per annum ; one stenographer, $900 per annum ; 
one janitor, $180 per annum; one statistician, $1,000 per annum; to 
F. E. Morgaridge, difference in salary as acting Fire Marshal from June 
1, 1912, to June 1, 1913, $1,300. 

For traveling expenses of State Fire Marshal, assistant fire marshal, 
deputies, special attorneys, stenographers and other employees of the 
office, twenty-four thousand dollars ($24,000) per annum. 

For office rent, expense to clerks and other officers for reporting fires, 
telegraphing, telephoning, freight, expressage, postage, the purchase 
of furniture, typewriters, office supplies, printing and necessary printing 
paper, engraving and necessary paper, and the payment of other inci- 
dental expenses fof the maintenance of the office, $6,000 per annum. 

For stenographers' fees, transcribing court records and other work 
incident to investigations, inquiries, hearings and prosecutions, $3,000 
per annum. 

The above m.oneys appropriated for the above and foregoing shall be 
paid by the State Treasurer only out of the special funds paid into the 
State treasury in accordance with the provisions of section 12 of an 
Act entitled, "An Act creating the office of State Fire Marshal, pre- 
scribing his duties, and providing for his compensation and for the 
maintenance of his office," approved June 15, 1909, in force Julv 1, 
1909. 



116 APPROPRIATIONS. 



Eightieth — ^To the State Board of Examiners of Eegistered Nurses: 
Conipeiisation fees for meetings and holding of examinations^ $1,000 
per annum; traveling expenses of board members in attendance upon 
meetings and examinations, $250 per annum; salary of secretary, $1,400 
per annum ; traveling expenses of secretary or other members of the board 
while acting as inspector, visiting schools for nurses throughout the 
State, $400 per annum; office rent, $480 per annum; printing, $200 
per annum; for stenographer, $900 per annum; incidental expenses and 
traveling expenses, $500 per annum. 

Jiiighty -first — To the Mine Kescue Station Commission: For equip- 
ment and maintenance of mine rescue stations and mine rescue cars, 
traveling expenses of men and of rescue ears, necessary traveling and 
other expenses of the members of the Mine Eescue Commission, tele- 
graph, telephone, postage, freight, expressage and other incidental 
office expenses and for the payment of one clerk, three assistants and 
three porters for the mine rescue cars and for the payment of lecturers 
upon First Aid and other technical subjects, the sum of $35,000 per 
annum. 

Eighty-second — To the Illinois Stallion Eegistration Board: For 
secretary's salary, $100 per annum; for chief clerk, $1,200 per annum; 
for assistant field superiiitendent, $1,500 per annum; for stenographer, 
$1,000 per annum; for janitor, $180 per annum; for clerk hire, $1,000 
per annum; for veterinary services, $800 per annum; for per diem of 
the board members, $500 per annum; expenses of the board members 
and assistant field superintendents, $1,800 per annum; printing and 
stationery, $2,000 per annum; for postage, $1,500; for miscellaneous, 
the sum of $400 per annum. 

Eighty-third— To Wm. Schofield, the sum of $75. To Edna Little, 
services as telephone operator from January 8 to June 20, 1913, the 
sum of $250.00. 

Eighiy-fourth — To the Printer Expert: For two proof readers, $1,200 
each per annum, $2,400 per annum; for messenger and janitor, $840 
per annum; postage and office expenses, $300 per annum; for the pur- 
pose of employing help in connection with the public printing of the 
State, the sum of $3,000 per annum. 

Eighty-fifth — 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 extension of retaining walls, $1,500. 

Eighty-sixth — To the State Board of Agriculture : For the salary of 
secretary, $3,500 per annum, no further sum to be paid said officer from 
any fees collected by said board; for salary of chief clerk, $2,000 per 
annum ; receiving and shipping clerk, $1,200 per annum ; stenographer, 
$1,200 per annum; statistical clerk, $1,200 per annum; janitor, $600 
per annum; filing clerk, $1,000 per annum; for encouragement of an 
exhibit at the State Fair, $5,000 per annum; for traveling expenses of 
members and officers of the board the sum of $2,000 per annum; for 
expenses of collecting, compiling and publishing livestock and agricul- 
tural statistics, the sum of $600 per annum; for office expenses, furni- 



APPROPRIATIONS. 117 



ture, repairs, postage, expressage, the sum of $1,200 per annum; for 
the maintenance, care and repairs of the Illinois State Fair grounds and 
buildings thereon, the sum of $12,500 per annum; for additional cov- 
ered walks, the sum of $10,000. 

Eighty-seventh — To the Farmers' Institute : For postage, express, 
office library, furniture, incidental office expenses, the sum of $3,000 
per annum; for two stenographers, $1,000 each per annum, $2,000 per 
annum; for messenger and janitor, $900 per annum; for the per diem 
and necessary expenses of expert judges, instructors and speakers, fur- 
nished by the board of directors, for county farmers' institutes, farmers' 
short courses in agriculture, farmers' study clubs, etc., the sum of $6,000 
per annum ; for the actual expenses of members of the board of directors 
and officers of the Farmers' Institute in the performance of their duties 
as such members and officers, for the expenses of district conferences, 
the expenses of the State institute meetings, in promoting the develop-, 
ment of farmers' institute work throughout the State, the sum of $5,000 
per annum ; for the purpose of holding one or more farmers' institute 
meetings in each county in the State, the sum of ($75) per annum for 
the fiscal years beginning July 1, 1913, and 1914. The president and 
secretary of each county farmers' institute shall file annually with the 
secretary of the Illinois Farmers' Institute a sworn statement in dupli- 
cate, which. shall show that said farmers' institute has held one or more 
duly advertised public sessions annually in accordance with such rules 
as may be prescribed by the board of directors of the Illinois Farmers' 
Institute. One copy of such sworn statement, together with proper 
itemized bills certified by the president and secretary of the county 
institute, covering the necessary expenses for holding the county insti- 
tute, accompanied by receipted voucher showing • the expenditure of 
moneys named in the itemized bills, shall be filed with the Auditor of 
Public Accounts by the secretary of the Illinois Farmers' Institute, and 
the Auditor shall issue his warrant on the State Treasurer in pa}Tnent 
of said expenses payable to the treasurer of the county farmers' 
institute : 

Provided, that if the necessary expenses of a county farmers' institute 
shall not equal the sum of seventy-five dollars ($75.00), said warrant 
shall only be drawn for the sum actually expended. Total for 102 
counties, $15,300. 

No officer or officers of a county farmers' institute shall be entitled, 
as such officer or officers, to receive any moneyed compensation for any 
service rendered the same. 

Eighty-eighth — To the commission constituted by an Act entitled, 
"An Act to provide for the procuring of plans and specifications for a 
State educational building to investigate and report on a suitable site 
for its location and for the appointment of commissioners and to make 
an appropriation to defray the expense of the same," for continuing the 
work of said commission, the sum of $10,000. 



118 APPROPEIATIONS. 



Eighty-ninth — To the State Water Survey: For salary of director, 
$3,000 per annum; engineer, $3,500 per annum; assistant engineer, 
$1,500 per annum; chemist and bacteriologist, $1,500 per annum; and 
for such other assistants as may be necessary, the sum of $3,000 per 
annum; for salaries of clerks, stenographers, janitors and other neces- 
sary employees, $1,500 per annum ; for traveling expenses of the director, 
engineer, assistant engineers, cliemist and bacteriologist and other 
employees, $4,000 per annum; for telegraphing, telephoning, express- 
age, postage, the purchase of furniture, typewriters, office supplies, print- 
ing, engraving and the necessary printing paner and stationery therefor, 
and other necessary expenditures for the maintenance of the office, 
$4,500 per annum. 

Ninetieth — To the Industrial Board : For the salary of secretary, 
$2,500 per annum; for salary of statistician, $1,800 per annum; for 
bookkeeper, $1,500 per annum; for two stenographers, $1,000 each 
per annum, $2,000 per annum; for fees of arbitration agents and medical 
examiners, the sum of $8,000 per annum; for traveling expenses of mem- 
bers of the board, arbitration agents, medical examiners, secretary and 
stenographers, the sum of $7,500 per annum; for office rent, the sum of 
$1,500 per annum; for furniture and office supplies, the sum of $1,000 
per annum; for printing, postage, and express, the sum of $1,000 per 
annum; for telephone, telegraph and miscellaneous expense, the sum of 
$1,000 per annum. 

Ninety-first — To the Illinois State Horticultural Society: For the 
purpose of advancing the growth and development of the horticultural 
interests of the State for the years 1912 and 1913, the sum of $5,000 
per annum : Promded, 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 $400 per 
annum : And, provided, further, that $1,000 of said sum be expended 
each year in field experiments. 

Ninety-second — To the State Public Utilities Commission : The sum 
of $60,000 per annum. 

Ninety-third — For Legislative Eeference Bureau : For payment of 
salaries of secretary, clerks, stenographers, office expenses and traveling 
expenses, the sum of $25,000. 

Ninety- fourtii — [Vetoed] . 

Ninety fifth — For payment of expenses incurred by the joint com- 
mittee, appointed by virtue of House Joint Eesolution jSTo. 24 of the 
House and Senate of the 47th General Assembly of the State of Illinois, 
for the purpose of making an investigation of the question of public 
utilities. 

2. Expense Hotel LaSalle, meals, rooms and servipe for commis- 
sioners, $296.44; M. J. Stein, legal service. $100.00; John T. Denvir, 
expense, $175.00; E. J. Barr, $175.00; Edward J. Glackin, $175.00; 
W. 0. Potter, $125.00; Chester W. Church, $175.00; George W. 



APPROPRIATIONS. 119 



Alschiiler, $135.00; William Holaday, $175.00; William Scanlan, 
$175.00; Thos. N. Gorman, $175.00; T. B. Scouten, salary as sergeant- 
at-arms and expenses, $1,566.77; W. L. Corris, fees and stenographer, 
$4,000.00; Will Colvin, salary as clerk and expense, $1,200.00; John 
.Dailey, expenditures for committee, $4,049.43; Geo. A. Schmidt, attor- 
ney's fees and typewriting, $585.00. 

3. The above items shall be certified by the chairman of said joint 
committee and the chairman, respectively, of the committees on appro- 
priations of the House of Representatives and Senate of the 48th Gen- 
eral Assembly of the State of Illinois. 

For miners and Mechanics Institute, in accordance with the provi- 
sions of an Act entitled, "An Act to prevent accidents in mines and 
other industrial plants and to conserve resources of the State by the 
establishment of Illinois miners and mechanics institutes and for the 
administration and support of the same," approved May 25, 1911, the 
sum of $15,000 per annum. 

Ninety-sixth — To the commission to investigate home finding socie- 
ties. House Joint Eesolution No. 36, the sum of $7,000. For witness 
fees and expenses, John Fitzpatrick. $14.40 ; Oscar Xelson. $14.40 : E. 
K. Nockels, $14.40 ; Fred G. Hopp, $14.40 ; Thos. F. Kennedy, $14.40 ; 
Mrs. Raymond Robins, $14.40; F. Donahue, $14.40; G. A. Kane, 
$14.40; Charles Grassell, $14.40; William Rossell, $14.40; Margaret 
Haley, $4.00; John O'Neil, $4.00; Dal G. Jones, $4.00; A. C. Ander- 
son, $4.00; Dennis E'nright, $4.00. 

Ninety-seventh — [Vetoed]. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw warrants on the State Treasurer for all sums herein 
appropriated for -the pay of clerks, secretaries, porters, messengers, 
janitors, watchmen, policemen, laborers, engineer^, firemen, stenogra- 
phers, curators, librarians and other employees, when not otherwise pro- 
vided for by law, to be paid on monthly pay-rolls duly certified to, 
respectively, by the heads of departments, or by boards of commissioners 
ancl trustees requiring the services of such employees ; and for all other 
appropriations specified herein, warrants on the State Treasurer shall. 
when not otherwise provided by law, be drawn only on itemized bills, 
accompanied by receipted vouchers, showing the expenditure of moneys 
named in the itemized bills, 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 bv the heads of 
departments; all sums disbursed from appropriations maTIe herein shall 
be paid upon complying with the following requirements : 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 transportation shall show 
from what point to what point traveled and the amount for the same. 



120 



APPROPRIATIONS. 



All charges for hotels, meals and incidental expenses shall be shown by 
dates. Bills for traveling expenses shall be itemized and made out- on 
blanks as follows : 



Date. 


Transportation. 


Fare. 


Sleep- 
ing 
car and 


Bus, 
cab, car- 
riage 


Hotel 

and 

. meals. 


Incidentals. 


Total. 




From 


To 




extra 
fares. 


and 
car fare. 


Item. 


Amount. 




































































































































t 













All bills for traveling expenses shall be certified to by the party 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 
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 all boards, board of commissioners, board of trustees and 
all officers appointed, by the Governor shall be certified to by heads of 
departments and approved by the Governor. All other bills for said 
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. 

§ 3. It is expressly understood that any item or items, in any and 
all paragraphs of this bill, may be vetoed without in any manner affect- 
ing any of the other items, in any of the paragraphs of this bill. 

Approved June 30, 1913. 



APPROPEIATIONS — CANALS, LAKES AND RIVERS. 



121 



1 . . Appropriates §10,000. 

2 . How drawn. 



STATE TREASURER — DEFICIENCY. 
§ 3. Emergency. 



(Senate Bill No. 179. Approved April 22, 1913.) 

An Act to meet a deficiency and making an appropriation to provide 

necessary expenses accrued and to accrue in the office of the Treasurer- 

of the State until July 1, 19'13. 

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 ($10,000.00), or so much thereof, as may be necessary is hereby 
appropriated for the purposes of meeting the deficiency now existing 
and to provide the necessary funds to the Treasurer of the State of 
Illinois to carry on the business of the State Treasurer for employment 
of attorney and fiscal secretary in investigating and collecting public 
funds, for collection of inheritance tax and for other incidental office 
expenses. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the moneys 
herein appropriated upon presentation of vouchers certified to by the 
Treasurer of the State, out of any moneys in the treasury not otherwise 
appropriated. 

§ 3. Whereas, The appropriation above recited is necessary to meet 
a deficiency and to provide sufficient funds to carry on the business of 
the State until July 1, 1913, therefore an emergency exists and this Act 
shall be in force and take effect from and after its passage. 

Approved April 23, 1913. 



CANALS, LAKES AND EIVEES. 



RIVEES AND LAKES COMMISSION — ACT OF 1911 AMENDED. 



§ 1 . Amends sections 1, 7, 8, 9, 10, 14, 15 and 18 
and adds sections 26a, 26b and 29, Act of 
1911. 



1 . As amended, appointments to be 
confirmed by Senate. 



§ 7. As amended, adds paragraph 
concerning encroachments. 



8. As amended^ requires entry of 

order definmg rights and inter- 
ests of parties. 

9. As amended, requires entry of 

order to prevent wrongful in- 
terference with navigation. 



§ 10. As amended, requires entry of 
order to correct wrongful act, 
etc. 

§ 14. As amended, provides for investi- 
gation of polluted streams and 
lakes and order commanding 
abatement of nuisances, etc. 

§ 15. As amended, commission or 
agent may cross lands and» 
enter buildings, etc. 

§ 18. Structures or improvements in 
public water— submission and 
approval of plans — no power 
to give, sell or lease State land — 
penalties — abatement of pur- 
presture — terms "public wa- 
ters, " etc., defined. 



122 CANALS, LAKES AND RIVERS. 



RIVERS AND LAKES COMMISSION— ACT OF 1911 AMENDED— Conclwderf. 



§ 26a. Orders made and entered only- 
after proper notice and hear- 
ing — penalty for violation of 
order — appeal proceedings — • 
when no appeal taken — what 
officers to enforce orders of 
eommifsion. 



§ 26b. Investigations and hearings — 
power to subpoena witnesses 
and administer oaths — penal- 
ties for violations — attach- 
ment for contempt. 



§ 29 . Construction of Act. 
(Senate Bill No. 404. Approved June 30, 1913.) 

An Act to> amend sections one (1), seven (7), eight (8), nine (9), ten 
(10), fourteen (Ut-), fifteen (15) and eighteen (IS) of an Act entitled, 
"An Act creating a rivers and lakes co'mmission for the State of Illi- 
nois, and defining the duties and powers thereof/' approved June 10, 
1911, in force July 1, 1911, and to add thereto three new sections to 
be known as sections 26a, 26b and 29. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections one (1), seven (7), 
eight (8), nine (9), ten (10), fourteen (14), fifteen (15), and eighteen 
(18) of an Act entitled, "An Act creating a rivers and lakes commission 
for the State of Illinois, and defining the duties and powers thereof,^' 
approved June 10, 1911, in force July 1, 1911, be amended and that 
three new sections, to be known as sections 26a, 26b and 29, be added 
thereto, said sections as amended and said new sections to read as 
follows : 

§ 1. That the Governor of the State of Illinois, by and with the 
ad\dce and consent of the Senate, shall appoint a rivers and lakes 
commission in and for the State of Illinois, whose powers and duties 
shall be as specified herein; and the Governor shall, at the time of the 
appointment of said commission, as herein provided, designate one mem- 
ber thereof, who shall be the chairman of said commission, and shall 
thereafter name the successor of the said chairman as the vacancy occurs. 
§ 7. It shall be the duty of said commission to have a general super- 
vision of every body of water within the State of Illinois, wherein the 
State or the people of the State have any rights or interests, whether the 
same be lakes or rivers, and at all times to exercise a vigilant care to 
see that none of said bodies of water are encroached upon, or wrongfully 
seized or used by any private interest in any way, except as may be pro- 
vided by law and then only after permission shall be given by said com- 
mission, and from time to time for that purpose, to make accurate surveys 
of the shores of said lakes and rivers, and to jealously guard the same in 
order that the true and natural conditions thereof may not be wrong- 
fully and improperly changed to the detriment and injury of the State 
of Illinois. 

The Rivers and Lakes Commission of Illinois shall have power and 
authority to inquire into encroachments upon, wrongful invasion and 
private use of every stream, river, lake or other body of water in which 
the State of Illinois has any right or interests. The commission shall 
have power to make and enforce such orders as will secure every stream, 
river, lake or other body of water, in which the State of Illinois has any 
right or interest against encroachment, wrongful seizure or private use. 



CANALS, LAKES AND RIVERS. 133 



§ 8. It shall be the duty of the Rivers and Lakes Commi&sion of 
Illinois to receive from any citizen complaints as to any invasion of or 
encroachment upon any rights of the State of Illinois, or of any citizen 
of the State of Illinois, with reference to any of the public bodies of 
water of the State of Illinois, or as to any interference with the right 
or claim of any citizen to use or enjoy any public water of this State, 
and upon being requested so to do, the said Rivers and Lakes Commis- 
sion shall hold a public hearing for the purpose of taking evidence with 
reference to the subject matter of said complaint, and of hearing all 
persons who may appear upon behalf of, or in opposition to said petition, 
and at the conclusion of such hearing they shall enter an order defining 
the rights and interests of the parties, and prescribing their duties. 

§ 9. It shall be the duty of the Rivers and Lakes Commission to 
carefully investigate any and all complaints that may be made that any 
person, company or corporation is attempting to interfere with the 
free and unobstructed navigation of any of the public bodies of water 
of the State of Illinois, and if they find that such complaint is well 
founded, they shall enter such order as may be required to prevent such 
wrongful interference with such navigation. 

§ 10. It shall also be the duty of said Rivers and Lakes Commission 
to investigate any and all complaints AAdthin the State of Illinois that 
any person, company, association or corporation is attempting to assert 
any lawful rights or exclusive privileges or franchises with reference to 
docks, landings, wharves, or the free and unobstructed access to, or 
egress from any navigable body of water in the State of Illinois, and if 
they find upon investigation that any such complaint is well founded, 
they shall enter such order as may be necessary to correct the wrongful 
act or evil complained of. 

§ 14. It shall be the duty of said Rivers and Lakes Commission to 
see that all of the streams and lakes of the State of Illinois, wherein the 
State of Illinois, or any of its citizens, has any rights or interest, are 
not polluted or defiled by the deposit or addition of any injurious sub- 
stances, and that the same are not affected injuriously by the discharging 
therein of any foul or injurious substances, so that fish or other aquatic 
life is destroyed. And if, upon investigation, the commission shall find 
that any of such streams and lakes are so polluted and defiled, or are 
affected injuriously by the discharging therein of any foul or injurious 
substances so that fish or other aquatic life is destroyed, it shall be the 
duty of said commission to enter an order commanding the abatement of 
such nuisances within such time as may be fixed by the commission. 

§ 15. It shall be the duty of said Rivers and Lakes Commission to 
obtain and preserve in its office all obtainable data with reference to the 
rivers and lakes of Illinois, and to make such office a repository thereof, 
and all of such records and data shall be public and be available for the 
use of any person who may be interested therein ; and certified copies 
thereof shall be received in court as evidence of the facts therein set 
forth. To secure the information authorized bv this section to be 



124 CANALS, LAKES AND RIVERS. 



obtained the commission or its duly authorized agent may cross any 
lands within the State and enter any building or factory where the 
power used is of hydraulic generation. 

§ 18. It shall be the duty of any and all persons desiring to make 
any improvements, or erect any work or structure in any of the public 
bodies of water of the State of Illinois to submit the plans, profiles and 
specifications to the Elvers and Lakes Commission for their approval. 
It shall be unlawful for any person, firm or corporation to make any im- 
provements, or erect any work or structure in any of the public bodies of 
water of this State without the consent in writing of the Elvers and 
Lakes Commission, and said commission is hereby authorized and em- 
powered to grant permission for the construction of such structures and 
the maintenance and operation, of such works, as in its judgment will 
be conducive to or necessary to the public health or to the public wel- 
fare. Nothing herein contained shall be construed to give to said 
commission any power or authority to give away, sell or lease any sub- 
merged or other lands of the State of Illinois. Any person, firm or cor- 
poration violating the provisions of this section shall, on conviction, be 
fined in a sum not exceeding five thousand dollars ($5,000) or im- 
prisoned in the county jail not exceeding one year, or may, in the dis- 
cretion of the court, be punished by both such fine and imprisonment. 
Any structure erected in any of the public waters of this State in viola- 
tion of this section is hereby declared to be a purpresture and may be 
abated as such : Provided, that upon petition said commission shall 
consider all matter relative thereto and determine if said structure may 
remain or shall be abated, and if said commission shall determine that 
said structure may remain it may also fix such rules, regulations, require- 
ments or restrictions as shall be necessary to protect the interests of the 
State. Wherever the terms public waters, public bodies of waters or 
public streams are used or referred to in this section they shall be con- 
strued to mean all open public streams and lakes capable of being navi- 
gated by water craft for commercial uses and purposes, together with 
all bayous, sloughs, backwaters and submerged lands that are open to 
the main channel or body of water and directly accessible in their 
natural state by such water craft. 

§ 26a, All orders entered by said commission shall be made only 
upon giving due and reasonable notice to persons to be affected thereby; 
or having any interest in the subject matter of such inquiry and after 
a hearing in relation thereto. Any person who shall neglect or refuse 
or fail to obey any lawful order made by the rivers and lakes commis- 
sion and to carry the same into effect in accordance with the terms of 
such order shall be liable to a fine of not less than one hundred dollars 
($100.00) nor more than one thousand dollars ($1,000.00) to be recov- 
ered in an action of debt in the name of the People of the State of 
Illinois in any court of competent jurisdiction. 

Any party to any proceeding before this commission, or any party 
affected by an order thereof, may appeal to the circuit court of Sanga- 
mon county at any time within twenty days after service of a copy of 
such order on the parties of record in such proceedings. The party 



CANALS, LAKES AND RIVEES. 125 



taking such appeal shall file with the commission written notice of such 
appeal. The commission, upon the filing of such notice of appeal, shall, 
within five days after the filing of said notice, file with the clerk of 
said circuit court of Sangamon county, Illinois, a certified copy of the 
pleadings and order appealed from. The party -serving such notice of 
appeal shall, within five days after the service of said notice upon said 
commission, file a copy of said notice with proof of service with the 
clerk of said court to which such appeal is taken and thereupon said 
circuit court shall have jurisdiction over said appeal and the same shall 
be entered upon the records of said court and shall be tried therein 
according to the rules relating to the trial of chancery suits so far as 
the same are applicable. The Elvers and Lakes Commission of Illinois 
shall be designated as complainant, and the person or persons affected 
by the order of said commission shall be designated as defendant, no 
further pleadings than those already filed before the commission shall 
be necessary. Such order made by said commission shall be prima facie 
evidence of the matters therein stated, and the order shall be prima 
fade reasonable, and the burden of proof raised by the appeal shall be 
on the appellant. If said court shall determine that the order appealed 
from is lawful and reasonable, it shall be affirmed and the order enforced 
as provided by law; otherwise, it shall be vacated and set aside. If an 
appeal is not taken, such order shall become final and it shall thereupon 
be the duty of the person or persons affected thereby to comply therewith. 
All orders from which no appeal is taken shall be deemed to be in full 
force and effect for all purposes from the time when the right to appeal 
from such order expires. When no appeal is taken from an order, as 
herein provided, parties affected by such order shall be deemed to have 
waived the right to have the merits of said controversy reviewed by a 
court and there shall be no trial of the merits of or re-examination of 
the facts of any controversy in which such order was made by any court 
to which application may be made for a writ to enforce the same. 
Appeals from all final orders and judgments entered in review by the 
said circuit court of the action of the commission, shall go directly to 
the Supreme Court. It shall be the duty of the sheriffs, constables, 
marshals and police officers to enforce all lawful orders of the Eivers 
and Lakes Commission. 

§ 26b. The Eivers and Lakes Commission may make such investiga- 
tions and conduct such hearings as may be necessary to the performance 
of their duties under this Act. In making any investigation or con- 
ducting any hearing as contemplated by this Act, said commission shall 
have the power to issue subpoenas for the attendance of witnesses, and 
may administer oaths. Any person who shall be served with a subpoena 
to appear and testify, or to produce books and papers, and who shall 
refuse or neglect to appear or to testify, or to produce books and papers 
relevant to such investigation, as commanded in such subpoena, shall, on 
conviction, be punished by a fine of not less than five dollars ($5.00) 
nor more than one hundred dollars ($100.00), or by imprisonment in 
the county jail not more than six months, or by both such fine aflid 



126 CANALS, LAKES AND RIVERS. 



imprisonment, in the discretion of the court. Any circuit court of this 
State, or any judge thereof, in vacation, upon application of said com- 
mission, may compel the attendance of witnesses, the production of 
books and papers and the giving of testimony before said commission 
by attachment for contempt as in other cases for refusal to obey the 
process and order of said court. 

§ 29. Nothing in this Act contained shall be construed to or shall 
repeal an Act entitled, "An Act to amend an Act entitled, ^\n Act to 
enable park commissioners having control of a park or parks bordering 
upon public waters in this State, to enlarge and connect the same from 
time to time by extensions over lands and the bed of such waters and 
defining the use which may be made of such extensions and granting 
submerged lands for the purpose of such enlargements,' approved May 
14, 1903, in force July 1, 1903, and to amend the title thereof and tb 
repeal the Act therein named," approved June 11, 1912, in force July 
1, 1912. 

Nothing in this Act contained shall be construed to apply to any 
harbor, pier, breakwater or other structure, now or hereafter erected, 
maintained or operated under authority of law by any city, village, 
incorporated town or park board, in or adjacent to the shore of any 
navigable lake, or in any way affect, curtail, modify, abridge or limit 
any power, right, grant or privilege given to, or conferred upon the 
Sanitary District of Chicago, or any sanitary district organized under 
an Act entitled, "An Act to create sanitary districts and remove obstruc- 
tions in the Des Plaines and Illinois Elvers," approved May 29, 1889, 
in force July 1, 1889, and all amendments thereto, or in any way affect 
an Act to authorize the Sanitary District of Chicago to construct, operate 
and maintain a harbor in Lake Calumet, Cook county, Illinois, nor shall 
this Act apply to or in any way affect powers, rights and jurisdiction 
of the commission of the Illinois and Michigan Canal, nor shall the 
Rivers and Lakes Commission of Illinois exercise any control or juris- 
diction over the Illinois and Michigan Canal. 

Upon the completion of any harbor, pier, breakwater or other struc- 
ture by any city, village, incorporated town or park board, in or adjacent 
to the shore of any navigable lake, the corporate authorities thereof, 
respectively, shall file with said Elvers and Lakes Commission a certified 
copy of the plans thereof. 

Approved June 30, 1913. 



CHARITIES. 



127 



CHAEITIES. 



AID TO MOTHER AND CHILDREN — PROBATIONARY VISITATION, ETC. 



§ 1 . Jurisdiction. 

§ 2 . Application for relief. 

§ 3 . Official investigation and report. 

§ 4 . Petition — form of. 

§ .5. Summons. 

§ 6 . Service. 

§ 7 . New process. 

§ 8 . Appearance— hearing. 

§ 9 . Hearing— order of payment — duty of coun- 
ty board. 



§ 11. Conditions upon which relief is granted. 

§ 12 . Relief for child between 14 and 16 years. 

§ 13 . Presence of husband. 

§ 14 . Probation officers — their pay. 

§ 15. Duty of probation officers. 

§ 16. Levy of tax — limitation. 

§ 17. Partial relief. 

§ 18. Penalty for fraud. 

§ 19. Repeal. 



§ 10 . Amount of allowance. 

(Senate Bill No. 300. Approved June 30, 1913.) 

An Act to' provide for the partial support of motliers whose husbands 
are dead or have become permanently incapacitated for work by reason 
of physical or mental infirmity^ when such mothers have children under, 
fourteen years of age, and are citizens of the United States of America 
and residents of the county in which application for relief is made. 
And, also, to provide for the probationary visitation, care and super- 
vision of the family for whose benefit such support is provided. 
Section 1. Jurisdiction.] Be it enacted by the People of the State 
of Illinois, represented in the General Assembly: The juvenile court, or 
where there is no juvenile court, the county court in the several counties 
in the State, shall have original jurisdiction in all cases coming within 
the terms of this Act. 

§ 2. A woman whose husband is dead or whose husband has become 
permanently incapacitated for work by reason of physical or mental 
infirmity, may file an application for relief under this Act, provided 
such woman is a citizen of the United States of America and has a 
previous residence for three years in the county where such application 
is made and is the mother of a child or children. 

§ 3. Official investigation and report.] Whenever an applica- 
tion for relief is filed the home of the applicant shall be visited by an 
officer of the court having jurisdiction of the matter, and the facts set 
forth in such application shall be investigated by such officer under the 
direction of the court, and a report and recommendation of the approval 
or disapproval of such application shall be made in writing by such 
officer to the court without any unnecessary delay. 

§ 4. Petition — form of.] After the investigation of such applica- 
tion for relief by an officer of court and the filing of the report and 
recommendation thereon of such officer, such officer of court or any 
reputable and responsible person who has a residence in the county 
may file with the clerk of the court having jurisdiction of the matter, a 



128 CHAKITIES. 



petition in writing duly verified by affidavit setting forth such facts as 
are necessar}' under this Act to give the court jurisdiction of the parties 
and of the subject matter^ aud setting forth such other facts, which, when 
found by the court to be true, shall be the basis upon which, the order 
of relief is entered. It shall be sufficient that the affidavit is upon 
knowledge, information and belief. A separate petition shall be filed for 
each child. The mother of. such child and the county board of the 
county in which the petition is filed shall be made parties respondent to 
such petition. 

§ 5. Summons.] Upon the filing of such petition a summons return- 
able not less than three days nop more than ten days after the date 
thereof shall issue to the respondents named in such petition requiring 
the mother with such child and all the respondents to appear at a place 
and time stated in the summons, which time shall be on the return day 
of such summons. 

§ 6. Service.] Service of summons shall be made in the same man- 
ner as is provided for the service of a summ'ons in an Act entitled, "An 
Act to regulate practice in courts of chancery," approved March 15, 
1872, in force July 1, 1872. 

§ 7. ISTew process.] AYhenever process shall not be returned exe- 
cuted on or hefore the return day thereof, the court may direct the clerk 
to issue an alias, pluries or other process, returnable at a time ordered 
by the court. 

§ 8. Appearance — hearing.] The filing of a written appearance 
by a respondent shall render the service of summons on such respondent 
unnecessary. The court shall proceed to hear the cause upon the return 
day of the summons or upon a day thereafter to be fixed by the court 
without the formality of the respondents filing answers : Provided, all the 
respondents have either been served with summons or have their written 
appearance in said cause. 

§ 9. Hearing — order oi; payment — duty of county board.] 
Upon the hearing in court of a petition under this Act, the court, being 
fully advised in the premises finding the facts alleged in the petition to 
be true, may make an order upon the count}^ board of the county to pay 
to the mother of the child or children in whose behalf, the petition or 
petitions are filed an amount of money necessary to enable such mother 
to properly care for such child or children. It thereupon shall be the 
duty of the county board, through its county agent or otherwise, to pay 
to such mother at such times as said order may designate the amount 
so specified for the care of such child or children until the further order 
of the court. 

§ 10. Amount of allowance.] The allowance made to such mother 
shall not exceed fifteen dollars per month when such mother has but one 
"^ child under the age of fourteen years, and if she has more than one child 
under such age, the relief granted shall not exceed ten dollars per month 
for each of the other children : Provided, that in no event shall the 
relief granted for any one mother and children exceed the sum of fifty 
dollars per month. 



CHARITIES. 129 



§ 11. Conditions upon which uelief is granted.] Such relief 
shall be granted by the court only upon the following conditions : 

(1) The child or children for whose benefit the relief is granted 
must be living with the mother of such child or children; (2) the court 
must find that it is for the welfare of such child or children to remain 
at home with the mother; (3) the relief shall be granted only when in 
the absence of such relief the mother would be required to work regu- 
larly away from her home and children ^nd when by means of such 
relief she will be able to remain at home with her children, except that 
she may be absent for work a definite number of days each week to be 
specified in the court's order, when such work can be done by her without 
the sacrifice of health or the neglect of home and children; (4) such 
mother must, in the judgment of the court, be a proper person, physi- 
cally, mentally and morally fit, to bring up her children; (5) the relief 
granted shall, in the judgment of the court, be necessary to save the 
child or children from neglect; (6) a mother shall not receive such 
relief who is the owner of real property or personal property other than 
the household goods; (7)' a mother shall not receive such relief who is 
not a citizen of this country and who has not resided in the county where 
the application is made at least three years next before making such 
application; (8) a mother shall not receive such relief if her child or 
children have relatives of sufficient ability to support them. 

§ 12. Eelief eor child between 14 and 16 years.] Whenever 
any child shall arrive at the age of fourteen years any relief granted to 
the mother for such child shall cease : Provided, if a child of fourteen 
years of age be ill or is incapacitated for work, the mother shall receive 
funds for his care during such illness or incapacity for work until such 
child is sixteen years of age. The court may, in its discretion, at any 
time before such child reaches the age of fourteen years, modify or 
vacate the order granting relief, to any mother and for any child. 

§ 13. Presence of husband.] Whenever relief is granted or is 
about to be granted to a mother whose husband is permanently in- 
capacitated for work by reason of physical or mental infirmity and the 
presence of such husband in the family is a menace to the physical and 
moral welfare of the mother or children, then the court may require that 
such husband be removed from the home and provision for his care 
made elsewhere, or failing to remove such husband or upon his refusal 
to be separated from his family, the court may, in its discretion, vacate 
the order granting relief, or refuse the relief asked for. 

§ 14. Probation officers — their pay.] The court having juris- 
diction in proceedings coming within the provisions of this Act shall 
have the power to appoint one or more qualified persons of good char- 
acter, who shall serve and be known as probation officers, during the 
pleasure of the court, and who shall be paid a suitable compensation by- 
the county for their services, the amount thereof to be determined by 
the county board. 



-9 L 



130 CHARITIES. 



§ 15. Duty op peobation officers.] It shall be the duty of such 
officers to investigate all applications for relief and make a written re- 
port of such investigation with their recommendations. 

After granting of relief to any mother for the support of her children 
it shall be the further duty of such officers to visit and supervise, under 
the direction of the court, the families to which such relief has been 
granted and to advise with' the court and to perform such other duties 
as the court may direct in order to maintain the integrity of the family 
and the welfare of the children. 

§ 16. The count}? board in each county shall levy a tax of not to 
exceed three-tenths of one mill on the dollar annually on all taxable 
property in the county, such tax to be levied and collected in like man- 
ner with the general taxes of the county, and to be known as a mothers' 
pension fund: Provided, that said tax shall not be included in the 
aggregate of all the taxes required to be reduced under the provisions of 
an Act entitled, "An Act concerning the levy and extension of taxes," 
approved May 9, 1901. in force July 1; 1901, and Acts amendatory 
thereof. 

§ 17. Partial relief.] Should the fund herein authorized be 
sufficient to permit an allowance to only a part of the mothers coming 
within the provisions of this Act, the court shall select, in its discretion, 
those in most urgent need of such allowance. 

§ 18. Penalty for fraud.] Any person or persons fraudulently 
attempting to obtain or fraudulently obtaining any allowance for relief 
under this Act shall be deemed guilty of a misdemeanor and on convic- 
tion thereof shall be punished by a fine of not less than five dollars 
nor more than two hundred dollars, or imprisoned in the county jail 
for a period of not to exceed six months, or both. 

§ 19. All Acts or parts of Acts inconsistent herewith are hereby 
repealed. 

Approved June 30, 1913. 



DEPORTATION AGENT FOR BOARD OF ADMINISTRATION. 



§ 1 . Appointment — compensation, how paid — 
duties — office at Chicago State Hospital — 
expenses. 



§ 2. Appointment of assistant — compensation, 
how paid. 



§ 3 . Rules and regulations. 
(House Bill No. 903. Approved June 28, 1913.) 

An Act creating the office of State deportation agent for the Board of 
Administration of the State of Illinois, fixing his compensation and 
providing for assistants and fixing their compensation. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assemhly : That there be and is hereby created 
the office of State deportation agent, whose duties shall be to arrange for 
the deportation of alien inmates found in the State hospitals for the 
insane in Illinois and in the other charitable institutions of the State. 
Said deportation agent shall be appointed and subject to removal by 
the Board of Administration in like manner as the superintendents or 



CHARITIES. 131 



managing officers of the State charitable institutions are now appointed 
and removed, and shall not be included in the classified service of the 
State. The compensation of said deportation agent shall be, and is 
hereby fixed, at $3,600.00 per annum, to be paid out of any money in 
the State treasury, appropriated for salaries of the officers of the State 
government. The Auditor of Public Accounts is hereby authorized 
and directed to pay the same out of any such money not othervidse appro- 
priated. Said deportation agent shall devote his entire time to the 
duties of his position and shall hold no other lucrative office or follow- 
any gainful profession, occupation or employment. He shall maintain 
an office at the Chicago State hospital and shall be allowed one stenog- 
rapher, office expenses and actual traveling expenses for himself and 
assistants incurred in official duties, to-be paid on bills approved by the 
Board of Administration out of any funds which may be appropriated 
for the ordinary operating expenses of the State charitable institutions. 

§ 2. The State deportation agent is hereby provided with one assist- 
ant, to be appointed by the Board of Administration, and his compen- 
sation is hereby fixed at $2,400.00 per annum, to be paid out of any 
money in the State treasury appropriated for salaries of the officers of 
the State government. The Auditor of Public Accounts is hereby 
authorized and directed to issue warrants for such compensation and 
the State Treasurer is authorized and directed to pay the same out of 
any such money not otherwise appropriated. 

§ 3. The Board of Administration shall adopt rules and regulations 
prescribing the duties of the State deportation agent and his assistants. 

Appeoved June 28, 1913. 



EPILEPTIC COLONY — ESTABLISHMENT. 
Preamble. 

§ 1. Creation — name — location. 
§ 2 . Acquisition of site — eminent domain. 
§ 3 . Plans and specifications. 
§ 4 . Object of colony — how constructed. 
§ 5 . Staff of physicians. 
§ 6 . Research and study. 



§ 7. Admission of patients— examination and 
return — support — insane prohibited. 



§ 8 . No liability of officers or employees. 

§ 9 . Transfer of patients. 

§ 10 . Discharge and parole. 

§ 11 . Rules and regulations. 

§ 12. Repeal. 

§ 13. Invalidity. 
(Senate Bill No. 132. Approved May 27, 1913.) 



An Act providing for the creating, locating, constructing and ad- 
ministering of a. State colony for the care and treatment of epileptics. 
Whereas, There are, in Illinois, at least 10,000 persons of all ages 

and conditions, suffering from epilepsy; and 

Whereas, Such persons are proper and fit subjects for State care 

and treatment; and 
Whereas, By reason of the very nature of this disease such persons 

are prevented from employing their time with profit, and the young 



132 y CHARITIES. 



epileptic is debarred from the public [and] private schools because of 
such misfortune, and the epileptic at large sufEers grave physical in- 
juries; and 

Wheeeas^ In colonjr life the epileptic finds safe employment, oppor- 
tunity for improving his condition, mental and physical, and protection ; 
therefore. 

Section 1. Be it enacted hy the People of the State of Illinois, rep^ 
resented in the General Assembly : That there be and is hereby created 
and established a State Colony for Epileptics to be administered under 
the direction of the Board of Administration in accordance with the 
terms and provisions of an Act of the General Assembly entitled, '"An 
Act to revise the laws relating to charities," approved June 11, 1912, in' 
force July 1, 1912. Said colony shall be known and desigmated as pro- 
vided in said Act, or by such other name and designation as may be given 
to it by said Board of Administration. The said colony shall be located 
upon ground to be selected by the Board of Administration, as herein- 
after provided. It shall be the duty of said board to so locate said 
colony that its inmates may be employed a maximum period each year 
in the open air. 

§ 2. The Board of Administration is hereby authorized and directed 
to acquire a proper site for the location of said colony of not less than 
1,000 acres of land. 

If said board shall be unable to acquire said site and lands, or any 
part thereof, by agreement with the owner or owners for the purchase 
of the same for the purposes enumerated in this Act, the said Board of 
Administration may thereupon proceed to acquire such lands and the 
title thereto in the manner that may now or hereafter be provided for 
by an Act entitled, "An Act to provide for the exercise of right of 
eminent domain," approved April 1, 1872, in force July 1, 1872, and 
any and all Act or Acts amendator)^ thereto. 

§ 3. On determination of the site and lands provided for in section 
■ 2 of this Act, the Board of Administration shall cause to be prepared 
by the State Architect and his consulting engineer plans and specifica- 
tions for the creation of an institution on the cottage system of propor- 
tions sufficient for the care and comfort of not less than 1,500 inmates, 
together with suitable quarters for a superintendent, officers and em- 
ployees; that all of the buildings provided for in this Act shall be of 
the most approved type of fireproof construction, durable and free from 
ornamentation ; that all buildings designed for care of inmates shall be 
of not more than two stories and basement, with inclines instead of 
stairs to connect the floors : that the said plans and specifications shall 
provide all necessary heating, lighting;, power, ventilation, water supply, 
and drainage appliances, and all other equipment necessary to insure 
an institution adequate for the purposes intended, and sanitary in all 
respects. Construction shall not be begun, however, until the plans 
and specifications have been first approved by the Board of Administra- 
tion, in accordance with the provisions of an Act entitled, "An Act to 
revise the laws relating to charities," approved June 11, 1912. in forcp 
July 1, 1912, and all subsequent amendments thereto. 



CHAIIITIES. • 133 



. § 4. The object of said colony shall be to secure for bona fide 
resident epileptics of Illinois a place of employment, instruction, treat- 
ment and custody. Said colony shall be so planned, arranged and con- 
structed that there shall be adequate segregation of the sexes, separation 
of children from adults, and proper classification of the inmates. 

§ 5. Said colony shall maintain a staff of physicians, educated and 
trained in the care and treatment of nervous and mental diseases, who 
shall perform such duties in accordance with rules to be formulated by 
the Board of Administration. 

§ 6. The superintendent and members of the staff of said colony 
shall have the same access and enjoy the same opportunities for study, 
research and information at the State Psychopathic Institute as are 
enjoyed by the superintendent and members of the stafEs of State hos- 
pitals for insane ; and it shall be the duty of the Board of Administra- 
tion to make the necessary provisions for research and study in epilepsy, 
its causes, methods of treatment, and probable measures of prevention. 

§ 7. Applicants, residents of Illinois, may be admitted to said colony 
by either of the following methods: 1. Upon voluntary application to 
the superintendent, substantiated by proof that said applicant is in need 
of care and treatment of said colony, such proof to consist of certificates 
from two physicians setting forth that said applicant for admission is an 
epileptic. Such certificates shall be under oath and made within thirty 
days next preceding the filing of such application. Physicians making 
such certificates shall be duly licensed to practice medicine or surgery 
in the State of Illinois, and shall have been in the actual practice of 
their profession. The application, certificate and other forms relating 
to the admission shall be in accordance with the rules and forms pre- 
scribed by the Board of Administration. 2. Any parent, relative, con- 
servator, guardian, or reputable citizen, may file a petition in any court 
of record of the county where the alleged epileptic resides, setting forth 
that the person is suffering from epilepsy and is a proper subject for 
the care and custody of said colony. Such court shall make an inquiry 
in term time or vacation into the mental and nervous condition of such 
person to determine whether he is or is not an epileptic ; and if it is 
found upon the evidence of two or more reputable physicians that such 
person is an epileptic, said court may order the admission of such a 
person, and it shall be the duty of the superintendent to receive him 
or her and record him or her among the inmates of said colony : Pro- 
vided, that if such alleged epileptic is an adult his consent in writing- 
shall be first obtained, and if a minor, or imder any other disability, the 
consent in writing of the parent, guardian or conservator shall be first 
obtained: And, provided, that in case there is no room in said colony, the 
said person shall wait his or her turn. County quotas of inmates to 
said colonv shall be based upon population to be determined by the 
Board of Administration. 

If upon further examination at the said colony it shall appear that 
such person is not suffering from epilepsy, then it shall be the duty of 
the superintendent to recommend to the Board of Administration, and 



134 . CHARITIES. 



the Board of Administration to direct the return to the party or parties 
responsible for his . or her admission, and all charges for expenses of 
such return shall be collected from the party or parties responsible for 
his or her admission, and all charges for expenses of such return shall 
he collected from the pairty or parties responsible for his or her admis- 
sion: Provided, that it shall be shown to the satisfaction of said court 
at the time of ihe inquiry that the said person, his or her parents and 
relatives, are not able to bear such expenses; then such expenses shall 
be paid out of the county funds: Provided, also, that, the terms of 
section twenty-three of "An Act revising the laws relating to charities," 
approved June 11, 1912, and in force July 1, 1912, shall be applied by 
the Board of Administration to the inmates of this colony and their 
friends and relatives. 

It shall be unlawful to keep in said colony any insane person, and 
any such insane person who shall wrongfully obtain admission shall be 
returned to the county from which he or she was a resident before 
admission. 

§ 8. The superintendent and members of the medical staff or other 
officers or employees of said colony shall not be liable at law for receiv- 
ing or detaining, as provided for in this Act, any person coming to said 
colony under the terms of this Act. 

§ 9. The transfer of all patients from county or city institutions to 
said colony shall be paid by the county or city. Female patients so 
transferred shall be accompanied by at least one female officer or attend- 
ant designated by the court to perform such duty, and no female shall 
be transferred from said colony to her home or to another institution 
except she is accompanied by a reputable female attendant, selected by 
the superintendent to perform this duty. 

§ 10. Discharge and parole from said colony shall be under the 
direction and control of the Board of Administration, which Board of 
Administration shall formulate suitable rules and regulations governing 
the same. 

§ 11. The Board of Administration is hereby empowered to make 
and enforce rules and regulations under the general terms of this Act 
and of "An Act to revise the laws in relation to charities," approved 
June 11, 1912, in force July 1, 1912, governing the administration, 
maintenance and discipline of the said colony. 

§ 12. Eepeal.] The following Act and parts of Act[s] are hereby 
repealed : 

"An Act to establish the Illinois State Colony for Epileptics and for 
making an appropriation therefor,'' approved April 19, 1899, in force 
July 1, 1899, and all Acts or provisions in any Act, in conflict with 
this Act, are hereby repealed. 

§ 13. The invalidity of any portion of this Act shall not affect the 
validity of any other portion hereof, which can be given effect without 
such invalid part. 

Approved May 27, 1913. 



CHARITIES — CITIES, TOWNS AND VILLAGES. 135 



NON-SECTARIAN PUBLIC JlOSriTALS^rCONTKIBUTKtXS BY CITIES Oil 

(BOUNTIES. 

§ 1. Contributions by city or county authorized. | § 2. Act of 1S89 repealed. 
(House Bill No. 715. Approved June 27, 19i:i.) 

An Act to enable cities and counties in this ti'ate to contribute towards 
erecting, building, inaintairiing and supporting nonsectarian public 
hospitals located within their respective limits, and to repeal a certain 
Act therein named. 

Section 1. B& it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be lawful for any 
county or any city of thi.s State to contribute such sum or sums toward 
erecting, building, maintaining and supporting any nonsectarian public 
hospital for the sick or infirm located within its limits as the county 
Ijoard of the county, or tlie city council of the city shall deem discreet 
and proper. 

^ 2. That an Act entitled, "iVn Act to enable cities and counties in 
this State to contribute towards the support of nonsectarian public 
hospitals located within their respective limits," approved May 23, 1889, 
in force July 1, 1889, be and the same is hereby repealed. 
Approved Jime 27, 1913. 



CITIES, TOWNS AND VILLAGES. 



ANNEXATION AND EXCLUSION OF TERRITORY ACT OF 1872 AMENDED. 

§ 1 . Amends sections 1 and 3, Act of 1872. 



1 . As amended, omits proviso that no 
portion less than the whole of any 
incorporated city, town or village 
shall be annexed, etc. 



§ .3. Proceedings to disconnect territory 
from one municipality and annex 
to another — consent by ordinances 
— copy ol ordinance and map filed 
with recorder of deeds— adjust- 
ment of property rights, debts and 
taxes — repeal. 



(House Bill No. 884. Approved June 27, 1913.) 

An Act to amend sections 1 and 3 of an Act entitled, "An Act to pro- 
vide for ann&xing and , excluding territory to and from cities, towns 
and villages, and to unite cities, towns and villages," approved April 
10, 1872, in force July 1, 1812. 

Section 1. ' Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 1 and 3 of an Act 
entitled, "An Act to provide for annexing and excluding territory to and 
from cities, towns and villages, and to unite cities, towns and villages," 
approved April 10, 1872, in force July 1,. 1872, be and the same are 
hereby amended so that they shall read as follows : 

§ 1. That on petition, in writing, signed by a majority of the legal 
voters, and by a majority of the property owners in any territory con- 
tiguous to any city or incorporated village or town, and not embraced 
within its limits, the city council or board of trustees of said village, city 



136 CITIES;, TOWNS AND VILLAGES. 



or town (as the case may be) shall submit to a vote of the people of 
said city^ village or town (as the case may be) at its next regular elec- 
tion or a special election to be called within sixty (60) days after said 
petition is presented, the question of the annexation of such proposed 
territory : Provided, however, that where the said petition shall be pre- 
sented within ninety (90) days prier to a regular election no special 
election shall be called. In case the question of such annexation shall 
receive a majority of all the votes cast at said election in favor thereof, 
the city council or board of trustees of said city, village or town (as the 
case may be), shall, within ninety days thereof, by ordinance, annex such 
territory to such city, village or town, upon filing a copy of such or- 
dinance, with an accurate map of the territory annexed (duly certified 
by the mayor of the city or president of the board of trustees of the 
village or town), in the office of the recorder of deeds in the county where 
the annexed territory is situated, and having the same recorded therein. 

§ 3. That on petition in writing, signed by one-half (i^) of the 
legal voters and by one-half (%) of the property owners in any terri- 
tory, not exceeding in area one hundred and sixty (160) acres, within 
any city, village or incorporated town, which territory shall be con- 
tiguous to another city, village or incorporated town, the city council 
or board of trustees of the city, village or town in which said territory 
shall be situated may, by ordinance passed by a two-thirds (2-3) vote of 
the city council or board of trustees (as the case may be) of such city, 
village or incorporated town, consent that such territory may be discon- 
nected from such city, village or incorporated town and annexed to such 
other city, village or incorporated town to which such territory is con- 
tiguous; and thereupon the city council or board of trustees of such city, 
village or incorporated town to which such territory is contiguous may, 
by ordinance passed by a two-thirds (3-3) vote of the city council or 
board of trustees (as the case may be), annex such territory to such 
municipality: Provided, that such territory shall not be disconnected 
from such municipality in which the same is situated until the same 
shall be, by ordinance passed as hereinabove provided, annexed to the 
city, village or incorporated town to which it- is contiguous : And, pro^- 
vided, further, that the city clerk of the city, village or incorporated 
town to which such territory is annexed shall, within ninety (90) days 
after the passage of said ordinance, file a copy of such ordinance, with 
an accurate map of the territory annexed, duly certified by the city 
clerk of such municipalit}^, in the office of the recorder of deeds in the 
county where the annexed territory is situated, and have the same re- 
corded therein: Provided, further, that all property rights and ques- 
tions . of indebtedness and tax matters between the municipalities 
affected, or such territory, shall be adjusted in accordance with the 
provisions of an Act entitled, "'^An Act to provide for the annexation of 
cities, incorporated towns, and villages, or parts of same, to cities, in- 
corporated towns and villages," approved and in force April 25, 1889, 
as amended by an Act approved June 5, 1911, in force July 1, 19il. 

Any Act or parts of Acts in conflict herewith are hereby repealed. 

Approved June 27, 1913. 



CITIES, TOWNS AND VILLAGES. 137 



ANNEXATION OF MUNICIPALITIES OR PARTS OF SAME — ACT 1889 

AMENDED. 



§ 1 . Amends sections 1 and 2, Act of 1889. 

§ 1 . As amended, one municipality ad- 
joining another in one or more 
portions may be annexed to sucti 
other notwithstanding territory 



§ 2. As amended, proposition to annex 
portion of municipality to be sub- 
mitted to voters of such portion — 
no election within two years after 
proposition voted upon — furm of 
ballot — majority of voters voting 
between is not a part of either— > on question of annexation to de- 

majority of voters voting upon j cide. 

question of annexation to decide. | 

(House Bill No. 191. Approved June 27, 1913.) 

An Act to amend sections 1 and 2 of an Act entitled, "An Act to pro- 
vide for the annexation of cities, incorporated towns and villages, or 
parts of ilve same, to cities, incorporated towns and villages," approved 
and in force April 25, 1889, as amended by an Act entitled, "An Act 
to amend sections 1 and 2 of an Act entitled, 'An Act to provide for 
the annexation of cities, incorporated towns and villages, or parts of 
the same, to cities, incorporated towns and villages,' approved and in 
force April 25, 1889," approved June 5, 1911, in force July 1, 1911. 
Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the Gene7'al Assembly: That seciions 1 and 2 of an Act 
entitled, "An Act to provide for the annexation of cities, incorporated 
towns and villages, or parts of the same, to cities, incorporated towns 
and villages," approved and in force April 25, 1889, as amended by an 
Act entitled, "An Act to amend sections 1 and 2 of an Act entitled, 'An 
Act to provide for the annexation of cities, incorporated towns and 
villages, or parts of the same, to cities, incorporated towns and villages,' 
approved and in force April 25, 1889," approved June 5, 1911, in force 
July 1, 1911, be amended so that the same shall read as follows : 

§ 1. That where a city, village or incorporated town adjoins another 
city, village or incorporated town in one or more portions of its 
boundaries, it may be annexed thereto in the manner following, not- 
withstanding that there may lie between and be surrounded by such 
cities, villages or incorporated towns territory not a part of either of such 
cities, villages or incorporated towns : 

A petition shall be presented to the judge of the county court of the 
county wherein such city, village or incorporated town to which such 
annexation is sought is situated, asking that the question of annexation 
be submitted to the legal yoters of the city, village or incorporated town 
sought to be annexed, and to the legal voters of the city, village or in- 
corporated town to which it is sought to annex the same. Such petition 
shall be signed by not less than two hundred and fifty (250) of the legal 
voters of the city, village or incorporated town sought to be annexed, 
unless the votes cast in said city, village or incorporated town at the 
last preceding general election numbered less than five hundred (500). 
in which case the petition shall be signed by one-third (1-3) of the legal 
voters of such cit}^, village or incorporated town; and thereupon said 
county judge shall cause to be submitted the question of annexation to 
the voters of the city, village or incorporated town sought to be annexed, 
and to the voters of the city, village or incorporated town to which it 
is sought to annex the same, at an election to be holden in each of said 



138 CITIES, TOWNS AND VILLAGES. 



cities, villages or incorporated towns. Such question shall be submitted 
at a regular annual municipal election in the municipalities to be 
affected; but no election on such question shall be held within two (2) 
years after the same has been voted on at any election held before or 
after the passage of this Act: Provided, that no election heretofore or 
hereafter held for such purpose shall be annulled or set aside for in- 
formalities or irregularities in the ballot or in the calling or conduct of 
such election, where it appears, or shall appear, that a majority of the 
votes cast in each of said municipalities upon such question of annexa- 
tion were, or shall be, for such annexation. Notice of the election here- 
by required shall be given by causing notice thereof to be published in at 
least one newspaper published in said county within which said city, vil- 
lage or incorporated town may be to which territory is sought to be an- 
nexed at least sixty (60) days before such election, by the clerk of the 
county court. The ballots cast at such election to be written or printed, or 
partly written and partly printed, "For annexation of" (here name the 
city, village or incorporated town to be annexed) "to" (here name city, 
village or incorporated town to which annexation is sought), or, "Against 
annexation of" (here name city, village or incorporated town to be an- 
nexed) "to" (here nan^e city, village or incorporated town to which 
annexation is sought), respectively, or in such other form and manner 
as is now or may be hereafter provided by law for the submission of con- 
stitutional amendments or other public measures to be received, can- 
vassed and returned the same as ballots for municipal officers of such 
cities, villages or incorporated towns-; and the officers who are charged 
by law with the duty of canvassing such votes shall file or cause to be 
filed with the clerk of the county court of such county a certificate of the 
result of such canvass immediately upon ascertaining the result thereof ; 
and if it shall appear that in each of such cities, villages or incorpo- 
rated towns, a majority of the voters who shall vote upon the question of 
annexation at such election vote for annexation, thereupon the jurisdic- 
tion of the city, village or incorporated town to Avhich such other city, 
village or incorporated town is annexed shall extend over said territory ; 
but if it shall appear that a majority of the voters who shall vote upon 
the question of annexation of any city, village or incorporated town of 
which they are voters, vote against the annexation of such municipality 
when such question is first submitted, any petition thereafter presented 
to the judge of the county court for the annexation of such municipality 
shall be signed by not less than one-eighth (1-8) of the legal voters of 
the city, village or incorporated town which is sought to be annexed to 
an adjoining city, village or incorporated town. 

§ 2. When the inhabitants of any territory not less than one-half 
(1-2) square mile in extent and less than the whole of a city, village or 
incorporated town, and which territory shall be contiguous to and 
adjoin the territory of another city, village or incorporated town, desire 
to be annexed to such other city, village or incorporated town, such an- 
nexation may be effected as follows : 

A petition shall be presented to the judge of the county court wherein 
such city, village or incorporated town is situated to which annexation 



CITIES, TOWNS AND VILLAGES. 139 



is desired, signed by not less than one hundred (100) of the legal voters 
of the territory sought to be annexed, asking that the question of annex- 
ation of the territory described in the petition may be submitted to the 
legal voters of the city, village or incorporated town from which said terri- 
tory is to be taken, and to the legal voters of the city, village or incor- 
porated town to which it is sought to annex the same, and to the legal 
voters of the territory sought to be disconnected from one city, village 
or incorporated town and annexed to the other city, village or incorpo- 
rated town. Such territory shall be described in said petition, and there- 
upon said county judge shall cause to be submitted the question of 
annexation of such territory to the voters of the city, village or incor- 
porated town from which it is sought to disconnect territory, and to the 
voters of the city, village or incorporated town to which it is sought to 
annex the same, and to the legal voters of the territory sought to be dis- 
connected from one city, village or incorporated town and annexed to 
the other city, village or incorporated town, at an election to be holden 
in each of said cities, villages or incorporated towns. Such question shall 
be submitted at a regular annual municipal election in the municipalities 
to be affected; but no election for the annexation of such territory to 
such municipality shall be held within two (2) years after a proposition 
to annex such part of any city, village or incorporated town has been 
voted upon at any election held before or after the passage of this Act. 
And^ no election for the annexation of any part of a city, village or 
incorporated town to another municipality shall be held within two (2) 
years after the proposition to annex the whole of such city, village or 
incorporated town, or any part thereof, to such municipality has been 
voted upon at any election held before or after the passage of this Act. 
Notice of the election hereby required shall be given by causing notice 
thereof to be published in at least one newspaper published in said 
county within which said city, village or incorporated town may be to 
which territory is sought to be annexed, at least sixty (60) days before 
such election, by the clerk of the county court. The ballots cast at such 
election to be written or printed, or partly written and partly printed, 
"For annexation of" (here describe territory of city, village or incor- 
porated town to be annexed) "to" (here give the name of city, village 
or incorporated town to which annexation is sought), or, "Against an- 
nexation of" (here describe territory of city, village or incorporated town 
to be annexed) "to" (here name city, village or incorporated town to 
which annexation is sought), respectively, or in such other manner as 
is or may be hereafter provided in such cases or in the case of public 
measures by the general election laws of the State of Illinois applicable 
to said cities, villages or incorporated towns; said ballots to be received, 
canvassed and returned the same as ballots for municipal officers of said 
cities, villages or incorporated towns, and the officers who are charged 
by law with the duty of receiving such votes shall ascertain the exact 
residence of each voter voting at such election, either from the books of 
registration or from the oath or affirmation of such voter; and in elec- 
tion precincts which are intersected by the boundaries of the territory 
sought to be annexed, the judges of election shall procure an additional 
bi:llot box, in which shall be deposited only the ballots of voters residing 



140 



CITIES, TOWNS AND VILLAGES. 



within the limits of the territoi^ so sought to be annexed, and shall make 
a separate return of the ballots cast in such additional ballot box; and 
the officers who are charged by law with the duty of canvassing the 
returns of such election shall file or cause to be tiled with the clerk of 
the county court of such county a certificate of such canvass immediately 
upon ascertaining the result thereof, in which certificate such officers 
shall state, as well as the results of the entire vote in each of the cities, 
villages or incorporated towns as canvassed by them, the number of 
votes cast hj the voters residing within the limits of the territory so 
sought to be annexed, and the number of votes for and the number 
against the question so submitted, as cast by such voters ; and if it shall 
appear that the majority of the voters who shall vote upon the question 
of annexation of each city, village or incorporated town, as well as the 
majority of the voters who shall vote upon the question of annexation at 
such election, residing within the limits of the territory sought to be 
annexed, vote for annexation, thereupon the jurisdiction of the city, 
village or incorporated town shall extend over such territory so annexed ; 
but if it shall appear that a majority of the voters who shall vote upon 
the question of annexation at such election, of any territory less than the 
whole of a city, village or incorporated town, when such question is sub- 
mitted, vote against annexation at such election, any petition thereafter 
presented to the judge of the county court for the annexation of the 
same territory shall be signed by not less than one-eighth (1-8) of the 
legal voters of the territory which is sought to be annexed under such 
subsequent petition. 

Approved June 27, 1913. 



CHICAGO — ALDERMEN, CITY CLERK AND CITY TREASURER, TERMS OF 

OFFICE. 



§ 2. Time of election and terms of office. 

§ 3. Adpotion of Act — proceedings — 
form of ballot. 



§ 1 . Adds part four to article 12, Act of 1872. 

§ 1 . Aldermen, city clerk and city treas- 
urer to hold office untU expiration 
' , of respective terms. 

(House Bell No. 412. Approved Jxjne 27, 1913.) 

An Act to amend article XII of an Act entitled, "An Act to provide for 
the incorporation of cities and villages/' approved April 10, 1S72, as 
amended Ijy subsequent Acts and as amended hy an Act approved May 
18, 1905, and in force July 1, 1905. 

Section 1. Be it enacted hy the People of the State of Illinois, rep^ 
resented in the General Assembly : That article XIT of an Act entitled, 
"An Act to provide for the incorporation of cities and villages," approved 
April 10, 1872, as amended by subsequent Acts and as amended by an 
Act approved May 18, 1905, and in force July 1, 190-5, be and the same 
is hereby amended by adding to said article XII a part to be known as 
"Part Four" in the Avords and figures following : : 



CITIES, TOWNS AND VILLAGES. 



141 



Part Four. 

§ 1. All aldermen, the city clerk and the city treasurer elected to 
or holding office when this Act takes eflEect shall continue to hold office 
until the expiration of their respective terms, in accordance with the 
laws now in force. 

§ 2. Every ward in said city, after the adoption of this Act, shall 
continue to be represented by two aldermen, who shall be elected and hold 
office as hereinafter provided. At the next municipal election following 
the adoption of this Act, and at the municipal election in the year next 
following such election there shall be elected one alderman from each 
ward to take the place of the alderman from such ward whose term of 
office shall expire in each such respective year, who shall each hold office 
for a term of four years and until their respective successors shall have 
been elected and qualified. At the municipal election in the year 1915, 
and every four years thereafter, there shall be elected one city clerk and 
one city treasurer, who shall hold office for a term of four years, and 
until their respective successors are elected and qualified. 

§ 3. This Act shall not be in force in the city of Chicago until the 
question of its adoption shall first have been submitted to the electors of 
such city and approved by a majority of those voting thereon. The city 
council of the city of Chicago may, by ordinance, direct that the question 
of the adoption of this Act by the city of Chicago be submitted to popu- 
lar vote at any general city or special election in and for the entire cit}^ 
and coming not sooner than thirty (30) days from and after the passage 
of such ordinance. The city clerk of the city of Chicago shall thereupon 
certify the passage of such ordinance to the proper election officials and 
it shall then be the duty of such election officials to submit the question 
of the adoption of this Act to popular vote. The city clerk shall give at 
least thirty (30) days' notice of such election by publishing a notice 
thereof in one or more newspapers of general circulation within such 
city. The ballots to be used at such election shall be in the following 
form: 



For the adoption of an Act to amend article XII 
of an Act entitled, "An Act to provide for the in- 
corporation of cities and villages," approved April 
10, 1872, as amended by subsequent Acts and as 
amended by an Act approved May 18, 1905, and 
in force July 1, 1905. 



Yes 



No 



If a majority of those electors voting thereon shall vote for the adop- 
tion of this Act it shall thereby and thereupon be adopted and be in 
force in the city of Chicago. 

Approved June 27, 1913. 



142 CITIES, TOWNS AND VILLAGES. 



COLISEUMS, PUBLIC — ESTABLISHMENT AND MAINTENANCE IN 
MUNICIPALITIES UNDER 500,000. 



§ 1. Power and authority to levy tax of three 
mills for establishment and one miU annu- 
ally for maintenance — fund. 

§ 2. Petition— notice of election — submission of 
proposition. 

§ 3 . Tax levies authorized — use of real estate. 

§4. Board of directors. 



§ 5. Organization of board — officers — rules and 
regulations — powers and duties — moneys, 
how drawn. 

§ 6. Borrowing money and issuing bonds — sink- 
ing fund. 

§ 7 . Report of receipts and expenditures — certifi- 
cation of appropriations and tax levy. 



§ 8 . Use of coliseum. 
§ 9. Acquisition of site— eminent domain. 
(House Bill No. 350. Approved June 27, 1913.) 

An Act to enable cities and villages having a population not to exceed 

five hundred thousand (dOOfiOO), to establish and maintain public and 

municipal coliseums. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That cities and villages of this State 
having a population not to exceed five hundred thousand (500,000), 
shall have and are hereby given and granted power and authority in the 
manner hereinafter provided, to establish and to maintain public and 
municipal coliseums to be used for general educational and amusement 
purposes for the benefit of the inhabitants of such cities or villages, and 
the city councils of such cities, and the boards of trustees of such vil- 
lages, for the purpose aforesaid, shall have the power and authority to 
levy a tax not to exceed three mills on the dollar, for the establishment 
of such coliseums, and thereafter annually levy a tax not to exceed one 
mill on the dollar, for the maintenance thereof, such taxes to be levied 
and collected in like manner as other taxes of such cities and villages 
are levied and collected for municipal purposes. Such tax when collected 
shall be turned over and paid to the treasurer of such city or village and 
shall be designated and known as "Municipal Coliseum Fund,'^ and such 
tax shall be in addition to all other taxes which such city or village 
now is or hereafter may be authorized to levy and collect. 

§ 2. Whenever one hundred or more legal voters of any such city or 
village shall present a petition in writing to the city council or board 
of trustees, as the case may be, asking that an annual tax be levied for 
the establishment and maintenance of such a public municipal coliseum 
in such city or village, the city council or board of trustees, as the case 
may be, shall instruct the city or village clerk, and such city or village 
clerk shall in the next notice of the regular annual election of such city 
or village, give notice that at such election, every elector may vote "For 
the levy of a tax for a public municipal coliseum," or "Against the levy 
of a tax for a public municipal coliseum." The election officials shall 
submit such proposition to the voters at such election in the manner 
provided by law. 

§ 3. If the majority of all the votes at such election is "For the 
levy of a tax for a public municipal coliseum," the city council of such 
city or the board of trustees of such village shall in the next annual tax 
levy include a tax not to exceed three mills on the dollar for the estab- 



CITIES, TOWNS AND VILLAGES. 143 



lishment of such a municipal coliseum in such city or village, and there- 
after may annually levy a tax not to exceed one mill on the dollar for 
the maintenance thereof. The city council of any such city, or the hoard 
of trustees of any such village, may when the same is not necessary for 
any other municipal purpose, authorize the use of any real estate owned 
by such city or village for such public municipal coliseum. 

§ 4. When any such city or village as hereinbefore provided shall 
decide to establish and maintain a public municipal coliseum, the mayor 
of such city or the president of the board of trustees of such village, shall 
by and with the approval and consent of the city council or the board of 
trustees, as the case may be, appoint a board of three directors, from 
the citizens at large of said city or village, none of whom shall hold any 
other office with the government of such city or village, and all of whom 
shall be chosen with reference to their special fitness for such office. 
Said directors shall hold office one for one year, one for two years, and 
the third for three years from and after the first day of July following 
their appointment, and at their first regular meeting after such appoint- 
ment shall cast lots for the respective terms. Annually thereafter the 
mayor or president of the board of trustees, as the case ^may be, shall 
before the first of July of each year, appoint as before one director to 
take the place of the retiring director, and subsequent appointees shall 
hold office for a period of three years, and all shall hold office until their 
respective successors are appointed. The mayor or president of the board 
of trustees, as the case may be, by and with the approval and consent of 
the city council or board of trustees, may remove any such director for 
misconduct in office or neglect of duty. Vacancies in the board of 
directors, whether occasioned by removal, resignation or for other cause, 
shall be reported to the mayor and city council or president and board of 
trustees, as the case may be, and shall be filed [filled] in like manner 
as original appointments. No director shall at any time, either directly 
or indirectly, be interested in any contract with said board or in the 
purchase or sale of any supplies or materials used in the building or 
maintenance of such public municipal coliseum, and no director shall 
receive compensation for his services as such director. 

§ 5. Said directors shall immediately after their appointment meet 
and organize by the election of one of their members as president and 
one as secretary. Such president and secretary shall have the duties 
usually performed by such officers of similar boards. After organization 
said board of directors shall make and adopt such by-laws, rules and 
regulations for their own guidance, for the transaction of the business 
of said board, and for the management of said public municipal coliseum 
as they may deem expedient and not inconsistent with the terms of this 
Act. Subject to the approval of the 'city council or board of trustees, 
as the ease may be, said board of directors shall have the power to build, 
erect, construct and equip a public municipal coliseum for the uses 
herein designated, and to purchase or lease such real estate, and perform 
all such acts as may be reasonably necessary to accomplish such purpose. 
Said board shall have exclusive care, custody and management of said 
public municipal coliseum after it is constructed, and the exclusive con- 



144 CITIES^ TOWNS AND VILLAGES. 



trol of the expenditure of all moneys collected to the credit of the public 
municipal coliseum fund. No moneys shall be drawn by said board from 
said treasurer, except upon order of said board, and upon checks or 
vouchers drawn upon said treasurer and signed by the president and 
secretary of said board. 

§ 6. Subject to the approval of the city council or board of trustees, 
as the case may be, said board of directors of such public municipal 
coliseum, shall for the purpose of assisting in establishing such coliseum, 
have the power to borrow money on the public coliseum property, and to 
issue bonds secured by mortgage or deed of trust on said property, said 
bonds to mature on or before thirty (30) years from the date of their 
issuance, and to draw interest at a rate of not to exceed 5 per cent 
(5%) per annum, payable semi-annually, and to negotiate and sell said 
bonds .at not less than par and accrued interest. Such bonds and all 
interest coupons attached thereto may be executed by such board, and the 
mortgage or deed of trust securing the same shall be executed by the 
city or village, as the case may be, through its proper officers. All pro- 
ceeds arising from such bonds shall be paid to the city or village 
treasurer, as the case may be, and by him cleposited to the credit of the 
public municipal coliseum fund, and the same shall be used only for 
the establishment of such public municipal coliseum. Out of the annual 
tax levy said board of directors shall provide a sinking fund for the 
retirement ot all such bonds when they become due. 

§ 7. Said board of directors of such public municipal coliseum shall 
make a full report of receipts and expenditures to the city council of 
the city or board of trustees of the village, as the case may be, annually 
on or before July first of each year, and shall annually, prior to the 
passage of the annual appropriation bill and tax levy ordinance or 
ordinances by such city council or board of trustees, report and certify 
to said city council or board of trustees the amount of moneys appro- 
priated by them for the ensuing year, and the items thereof, and the 
amount of money necessary to be raised by taxation for the maintenance 
of such public municipal coliseum. 

§ 8. Every such public municipal coliseum established under the 
terms hereof shall be for the free use and benefit of the inhabitants of 
the city or village wherein the same is established, for lectures, concerts, 
public assemblies, and all other general educational purposes, and for 
the purpose of maintaining free amusements and entertainments. All 
such uses shall be subject to such reasonable rules and regulations as the 
board of directors may adopt in order to render the use of said property 
of the greatest benefit to the greatest number. The said board of 
directors shall have the power to temporarily lease said building when 
not in use for public purposes, for any reasonable and legitimate private 
use, on such terms as they may from time to time prescribe, and when 
so temporarily leased, an admissioij fee may be charged by the private 
parties or persons leasing the same. All moneys received from such 
temporary rentals shall be paid to the city or village treasurer, as the 
case may be, and by him deposited to the credit of said public municipal 
coliseum fund. 



CITIES, TOWNS AND VILLAGES. 



145 



§ 9. Said board of directors shall, by and with the approval of the 
city council of such city or board of trustees of such village, as the case 
may be, have the power to acquire a site for such public municipal 
coliseum by condemnation in the name of such city or village. Any pro- 
ceeding to condemn for this purpose shall be maintained and conducted 
in the manner provided by "An Act to provide for the exercise of the 
right of eminent domain," approved April 10, 1873, in force July 1, 
1873, and all Acts amendatory thereof. 

Approved June 37, 1913. 



EIRE AND POLICE COMMISSIONERS — TRIAL BOARD. 

§ 1 . Amends section 12, Act of 1903. § 12 . As amended, provides for trial 

board to consist of county, pro- 
bate and circuit judges— also 
changes provision concerning sus- 
pensions. 

(House Bill No. 252. Approved Jltne 26, 1913.) 

An Act to amend section twelve of an Act entitled, "An Act to provide 
for the appointment of a board of fire and police commissioners in all 
cities of this State having a population of not less than seven thausand 
nor more than one hundred thousand and prescribing the powers and 
duties of such board/' approved and in force April %, 1903. 
Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section twelve of an Act en- 
titled, "An Act to provide for the appointment of a board of fire and 
police commissioners in all cities of this State having a population of not 
less than seven thousand nor more than one hundred thousand and pre- 
scribing the powers and duties of such board," approved and in force 
April 3, 1903, be and the same is hereby amended so as to read as 
follows : 

§ 13. No officer or member of the fire or police department of any 
such city who shall have been such for more than one year prior to the 
passage of this Act, or who shall have been appointed under the rules 
and examination provided for by this Act, shall be removed or discharged 
except for good and sufficient cause which renders his retention harm- 
ful to the efficiency of the fire and police department, upon written 
charges and after an opportunity to be heard in his own defense. Such 
charges shall be prepared by the said board of fire and police commis- 
sioners who shall present the same, together with the evidence in support 
thereof, to a trial board consisting of: (1) The person holding the office 
of county judge in and for the county in which said city is situated ; 
(3) The person holding the office of circuit judge in the judicial circuit 
containing the said city; (3) a third person who shall be the person hold- 



-10 L 



146 CITIES, TOWNS AND VILLAGES. 



ing the office of probate judge in the county in which said city is located, 
or in event there is no probate judge in said county, then the county 
clerk of said county. The findings and decision of said trial board shall 
be final and certified by said trial board to the board of fire and police 
commissioners, and if the said charges are sustained the said fire and 
police commissioners shall forthwith remove said officer. In any pro- 
ceeding provided for in this section said trial board and the members 
thereof shall have power to administer oaths and to compel by subpoena 
the attendance and testimony of witnesses and the production of books 
and papers. Any officer or member of the fire or police department here- 
tofore mentioned, may be suspended not exceeding ninety (90) days 
without pay for cause upon written charges and after an opportunity to 
be heard in his own defense by a trial board consisting of the board of 
fire and police commissioners. Said board of fire and police commis- 
sioners may suspend any officer pending such investigation, or for the 
good of the service of said fire and police department, but not to exceed 
ten (10) days at any one time without written charges. In the conduct- 
ing of such investigation each member of such trial board. shall have 
power to administer oaths and affirmations, and the said board shall 
have power to secure by its subpoena both the attendance and testimony 
of witnesses and the production of books and papers relevant to such 
investigation. 

Approved June 26, 1913. 



FIRE departments HOURS OF EMPLOYEES. 



§ 2. Adoption of Act— petition — separate bal- 
lot — form — majority voting thereon. 



§ 1 . I/imitation of ten consecutive hours in day 
time and fourteen consecutive hours dur- 
ing night time — equal number of hours per 
month — emergency. 

(Senate Bill No. 207. Approved June 26, 1913.) 

An Act to regulate the hours of labor of employees in the fire depart- 
ment in cities and villages. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That in all cities and villages which 
shall adopt this Act as herein provided for, no employee of the fire de- 
partment shall be compelled to be on duty more than ten consecutive 
hours during the day time, nor more than fourteen consecutive hours 
during the night time. 

The head or chief officer of such department shall so arrange the work- 
ing hours of the employees of such department so that each employee 
shall work, as near as may be, an equal number of hours per month : 
Provided, however, that the head or chief officer of such department, his 
aids or assistants, may, in their discretion, in cases of great emergency 



CITIES, TOWNS AND VILLAGES. 



^ 
'^ 



149 



4 



or necessity, require such employees to continue a^ 
until, in the judgment of such head or chief of the 
or assistants, the work or services of such employ v 
required. 

§ 2. The electors of any city or village may adopt the p. 
this Act in the following manner: Whenever the legal votei. 
city or village equal in number to five (5) per cent of the legal vote 
at the last preceding general city or village election shall petition the c. 
or village clerk, or the officer or officers whose duty it is to prepare the 
ballots, to submit the proposition as to whether such city or village shall 
adopt the provisions of this Act, then it shall be the duty of such officer 
or officers to submit such proposition accordingly at the next succeeding 
regular election, and if such proposition be nbt adopted at such election 
the same may, in like manner, be submitted at any regular election 
thereafter. 

The proposition so to be voted for shall be prepared and provided for 
in a separate and distinct ballot and in substantially the following form : 



For the adoption of the provisions of an Act to 
regulate working hours of employees in the fire 
department. 



Yes 



No 



If a majority of those electors in said city or village voting thereon 
shall vote for the adoption of this Act, it shall thereby and thereupon 
be adopted by and be in force in such city or village. 

Appkoved June 26, 1913. 



HAHBOE STRUCTURES, FACILITIES, ETC. — POWERS ENLARGED. 



« 1 . Power and authority of city and village rel- 
ative to harbors, structures, facDities, 
elevators, warehouses, terminals, etc. 

§ 2 . River frontage — connection of harbor, etc., 
with railroads. 

§ 3 . Lease of utilities — rates and charges — pro- 
visos. 

§ 4 . Eminent domain — State lands. 

§ 5. Use and reclamation of submerged lands 
under public water — consent of city coun- 
cil. 

§ . Use of artificially made or reclaimed lands 
of State — recovery of possession. 

§ 7. Approaches and connections — recovery of 
possession of artificially made or re- 
claimed land. 

§ 8. Bights of park commissioners. 



§ 9. Construction or operation of utilities by 
other municipal corporations. 

§ 10 . Purchase of utilities by city or village. 

§ 11. Ordinance for lease of utilities — petition — 
referendum — copy of lease. 

§ 12 . Acquisition of land, rights and property by 
division of land — decree. 

I 13 . Suit to establish boundary line — notice — 
hearing— decree — grant of State land — 
accretions. 

§ 14 . Roadways or approaches across drives, 
boulevards, lands, etc. 

§ 15 . State land used for public purposes — accre- 
tions. 

§ 16 . Dock and harbor lines. 

§ 17. Separate books of account— report printed 
and examination annually. 



146 



CITIES, TOWNS AND VILLAGES. 



ARBOR STRUCTURES, FACILITIES, ETC.— POWERS ENLARGED— CoMcZwded 

18 . Definition. 



§ 19. Location of utilities and dumping waste 
restricted. 



§ 21. Repeal of laws conferring police and 
other powers, etc. — park Act of 1912 
excepted. 

§ 22 . Repeals Act of 1911. 



§ 20 . Invalid parts of Act. 

(Senate Bill No. 15. Appeoved June 23, 1913.) r? 

An Act to enlarge the power of cities and villages in relation to har- 
bors, canals, slips, wharves, doclcs, levees, piers, quay walls, hrealc- 
waters and all harbor structures, facilities, connections, improvements 
and utilities constructed or operated in connection therewith and for 
the purpose of carrying out such power to authorize the acquisition 
and condemnation of property and to' authorize the use, occupation, 
recovery and acquisition of artificially made or reclaimed lands of the 
State and the reclamation and acquisition of the submerged lands of 
the State, and to repeal an Act entitled, "An Act to enlarge the power 
of cities in relation to harbors, canals, luharves, doclcs, piers, slips and 
other harbor structures, facilities, improvements and utilities con- 
structed or operated in connection thereivith, to authorize the acquisi- 
tion and condemnation of property and the u^e, occupation, reclama- 
tion and acquisition of the submerged lands of the State in carrying 
out such power, and to repeal all Acts or parts of Acts in conflict 
therewith," approved June 10, 1911, and to repeal all other Acts or 
parts of Acts in conflct therewith. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That every city and village in this 
State shall have the right, power and authority, and such right, power 
and authority are hereby granted to acquire, own, construct, maintain 
and operate anywhere within the jurisdiction or limits of the city or 
village, or in, over and upon any public waters bordering thereon, har- 
bors, canals, slips, wharves, docks, levees, piers, quay walls, breakwaters 
and all appropriate harbor structures, facilities, connections and im- 
provements, and in connection therewith to acquire, own, construct, 
maintain and operate such elevators, vaults and warehouses (including 
cold storage warehouses), as may be necessary adjuncts or incidental 
to transportation and railroad terminals, and to acquire, own, construct, 
maintain and operate all other necessary or appropriate terminal 
facilities. 

§ 2. Every such city or village having only a river water frontage, 
shall have the right, power and authority, and such right, power and 
authority are hereby granted to acquire, own, construct, maintain and 
operate any and all railroad terminal facilities, tracks and connections, 
necessary or appropriate to connect any such harbor or other utility, 
enumerated in section one of this Act, with any railroad or railroads 
entering such city or village, including interurban railroads. 

§ 3. Every such city and village shall have the power to lease por- 
tions of any of the utilities mentioned in section one of this Act, for a 
period not longer than twenty (20) years on such terms and conditions 



CITIES, TOWNS AND VILLAGES. 149 



as shall be prescribed by ordinance, and to fix and- regulate the rates and 
charges for the use of such utilities, whether owned and operated by such 
city or village, or are operated by persons or corporations who are 
tenants of such city or village or are constructed, owned and operated 
by any public or municipal corporation as hereinafter provided : Pro- 
vided, however, that except as to railroad facilities at least one-third of 
the capacity of each such utility shall not be leased for a period to exceed 
one year and that at least one-half of said one-third shall at all times be 
reserved by such city or village for general public use, and that not to 
exceed fifty per cent in capacity of the remaining two-thirds capacity of 
each such utility shall be leased to any one person or corporation: Pro- 
vided, further, however, that no leases authorized under this Act shall 
contain conditions which shall admit of any unjust, undue or unreason- 
able preference or discrimination between lessees. 

§ 4. Every such city and village for the purpose of carrying out the 
powers herein granted shall have the power to acquire, by purchase, 
unconditioned gift, or condemnation, any and all property necessary or 
appropriate for any of the purposes in this Act enumerated, and in all 
cases where property is acquired or sought to be acquired by condemna- 
tion, the procedure shall be, as nearly as may be, like that provided for 
in 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 
all the amendments thereto now in force or which may be hereafter 
enacted. Nothing in this section contained shall limit or restrict the 
power of any city or village to acquire by grant from the State sub- 
merged lands or artificially made or reclaimed lands as in this Act 
provided. 

§ 5. Every such city and village shall also have the right, power 
and authority, and such right, power and authority are hereby granted 
to use, occupy or reclaim all such submerged lands under the public 
waters of the State within the limits or jurisdiction of, or bordering on 
such city or village, as may be necessary or appropriate for any of the 
purposes in this Act enumerated, and the right, power and authority 
herein granted to cities and villages to use, occupy or reclaim such sub- 
merged lands, shall be superior to and shall take precedence over any 
similar right, power or authority heretofore granted to any person or 
corporation, private, public or municipal (other than a city or village), 
in so far as such right has not been exercised, at the time when such city 
or village by ordinance, as to lands therein particularly described, shall 
elect or determine to exercise such right, power or authority, and no 
person or private corporation shall at any time hereafter construct any 
harbor, canal, slip, wharf, dock, levee, pier, quay wall, breakwater or 
other harbor structure, facility, connection or improvement, and no 
corporation, public or municipal (other than a city or village), except 
as in this Act or under the terms of any other law of this State may be 
provided, shall hereafter construct a harbor, canal, slip, wharf, dock, 
levee, pier, quay wall, breakwater or other harbor structure, facility, con- 
nection or improvement over or upon such submerged lands within the 



150 CITIES, TOWNS AND VILLAGES. 



limits or jurisdiction of any sucli city or village, or over or upon any 
public waters bordering thereon, without first securing the consent of the 
city council of such city or village. 

§ 6. Every such city and village shall also have the right, power and 
authority, and such right, power and authority are hereby granted, to 
take possession of, use and occupy any and all artificially made or re- 
claimed lands (which before the artificial making or reclamation thereof 
constituted a portion of the submerged lands under the public waters of 
the State of Illinois) within the limits or jurisdiction of, or bordering 
on such city or village, the title to which artificially made or reclaimed 
lands is in the State of Illinois, when and in so far as said lands shall 
be declared by ordinance of such city or village particularly describing 
said lands to be necessary or appropriate for any of the purposes in this 
Act enumerated; and every such city and village shall have the right, 
power and authority to bring and maintain all necessary suits, actions or 
proceedings, in its corporate name, against any person or corporation, 
private, public or municipal, for the recovery of the possession of such 
artificially made or reclaimed lands, which lands, when so acquired, shall 
be held, used and occupied by such city or village subject to the con- 
ditions in this Act provided. 

§ 7. Every such city and village shall also have the right, power 
and authority, and such right, power and authority are hereby granted, 
to take possession of, use and occupy any and all artificially made or 
reclaimed lands (which before the artificial [making] or reclamation 
thereof constituted a portion of the submerged lands under the public 
waters of the State of Illinois) within the limits of [or] jurisdiction of, 
or bordering on such city or village, the title to which artificially made 
or reclaimed lands is in the State of Illinois, when and in so far as said 
lands shall be declared by ordinance of such city or village particularly 
describing said lands to be necessary or appropriate as and for ap- 
proaches to or connections with any harbor or harbor utility or appur- 
tenance in this Act authorized, and to establish, widen, extend, grade, 
pave and otherwise improve such approaches or connections over and 
upon such artificially made or reclaimed lands and to vacate the same or 
any part thereof, and every such city or village shall have the right, 
power and authority to bring and maintain all necessary suits, actions 
or proceedings, in its corporate name, against any person or corporation, 
private, public or municipal, for the recovery of the possession of such 
artificially made or reclaimed lands, which lands, when so acquired, shall 
be held, used and occupied by such city or village subject to the con- 
ditions in this Act provided. 

§ 8. Nothing in the three preceding sections contained shall be held 
to or shall impair the right of any board of park commissioners having 
jurisdiction over two or more parks bordering on public waters or any 
shore owner under any contract entered into between such board of park 
commissioners and such shore owner, where such board of park com-- 
missioners has taken any step or steps or begun any proceedings prior 
to March 1, 1913, to connect by a boulevard, driveway or parkway two 



.CITIES, TOWNS AND VILLAGES. lol 



or more parks under its jurisdiction and bordering on such public waters, 
but nothing in this section contained shall be construed to or shall in 
any wise affect the validity of any of the said three . preceding sections. 

§ 9. Every such city and village may by ordinance authorize any 
public or municipal corporation (other than a city or village), author- 
ized by law to construct or operate any one or more of the utilities 
enumerated in section one of this Act, to construct and operate within 
the limits or jurisdiction of, or bordering on such city or village, any 
one or more of such utilities on such terms and conditions as such city or 
village in any such ordinance may determine and on such terms and con- 
ditions as may be provided by law. 

§ 10. Whenever any public or municipal corporation shall have con- 
structed under authority of this Act or any other law of the State any of 
the utilities mentioned in section one of this Act, within the limits or 
jurisdiction of any city or village, or in, over or upon any public waters 
bordering thereon, such city or village shall have the right, power and 
authority to purchase the same on such terms and conditions as may be 
provided by law, and in case no terms and conditions are provided by 
law, then on such terms and conditions as may be agreed upon by such 
city or village and such public or municipal corporation. 

§ 11. No ordinance of any such city or village providing for the 
leasing of any portion of any harbor, wharf, dock, pier, quay wall, slip, 
levee, connection or other harl)or utility acquired or constructed under 
the provisions of this Act (and authorized by this Act to be leased), for 
any period in excess of five years, shall go into effect until ninety days 
after the passage thereof, and if within such ninety days a petition shall 
be filed in the office of the city or village clerk of such city or village, 
signed by five per cent (5%) of the registered voters of such city or 
village as shown by the last preceding general election held in such city 
or village, requesting that such ordinance be submitted to popular vote, 
it shall be the duty of said city or village clerk within three days after 
the filing in his office of such petition, to file the same, together with a 
copy of the ordinance, certified by said city or village clerk to be a true 
copy thereof, in the office of the officer or officers having jurisdiction over 
elections in such city or village, arid it shall thereupon be the duty of 
such election officer or officers to submit to the electors of such city or 
village, in the same manner as is provided by section two of an Act 
entitled, "An Act providing for an expression of opinion by electors on 
questions of public policy at any general or special election," approved 
May 11, 1901, at the first succeeding general or special election occurring 
more than ninety days thereafter or at a special election called by the 
city council of such city or village for that purpose in the manner pro- 
vided by Article IV of an Act entitled, "An Act to provide for the in- 
corporation of cities and villages," approved April 10, 1872, the question 
of whether or not such ordinance shall be approved and such ordinance 
shall not go into effect until it shall have been approved by a majority 
of the electors voting thereon at such general or special election: Pro- 
vided, however, that each ordinance providing for such leasing shall 
have a true copy of such proposed lease thereto attached. 



153 CITIES, TOWNS AND VILLAGES. 



§ 12. Every such city and village may also acquire the lands, whether 
of natural or artificial formation, property and property rights, in- 
cluding riparian rights, of any owner or claimant, whether a person or 
corporation, private, public or municipal (other than a city or village), 
on the shores of public waters in, upon or near which it is proposed to 
construct any harbor or utility authorized by this Act, and also the title 
of any such owner or claimant, to the lands lying beneath, adjacent to 
or adjoining such public waters, without other compensation, by agreeing 
with any such owner or claimant, upon a boundary line dividing the 
lands (whether of natural or artificial formation), to be acquired by 
such city or village and the adjacent, adjoining or submerged or other 
lands (whether of natural or artificial formation) to be taken and ac- 
quired by such owner or claimant. The rights and property to be taken 
and acquired, respectively, by any such city or village and by any such 
owner or claimant, shall be specifically described and set forth in the 
decree to be entered by the court as in this Act provided. 

§ 13. Whenever any such city or village and such owner or claim- 
ant shall have agreed upon a boundary line as aforesaid, such city or 
village shall file a suit in chancery in the circuit court of the county in 
which said lands are situated, praying that such boundary line be estab- 
lished and confirmed by the decree of said court. All persons interested 
as owners or otherwise in said lands, as appearing of record, if known, 
or if not known, stating that fact, shall be made defendants in said 
suit. Persons interested, Avhose names are unknown, may be made 
parties defendant by the description of the unknown owners; but in all 
cases an affidavit shall be filed by or on behalf of such city or village, 
setting forth that the names of such persons are unknown; such city or 
village shall also give public notice of the filing of each such suit by 
publication thereof once a week for four consecutive weeks, in a news- 
paper of general circulation regailarly published in said city or village, 
in which said lands are situated, which notice shall contain the title of 
the suit and the terms of court at which it is made returnable, the last 
of which notices shall be published not less than ten (10) days or more 
than twenty (20) days before the first day of the term of court at 
which said suit is returnable. If there be no newspaper of general circu- 
lation published in said city or village, then such publication shall be in 
the nearest newspaper of general circulation published in the county in 
which such city or village is located, and if there is no newspaper of 
general circulation published in said count}-, then such publication shall 
be in the nearest newspaper of general circulation published in the State. 
The defendants who do not enter their appearance shall be served with 
process in the suit or suits so instituted in the same manner as in suits in 
chancery, and the proceedings in said cause shall be conducted in the 
same manner as other suits in chancery. If upon a hearing the court 
shall find that the rights and interests of the public have been duly con- 
served in and by such agreement, then the court shall confirm said agree- 
ment and establish such boundary line; otherwise the court shall, in its 
discretion, dismiss such suit. If the boundary line agreed upon shall be 



OlMES, TOWNS AND VILLAGES. 153 



SO established and confirmed by the decree of said court, it shall there- 
after be the- permanent dividing and boundary line of said lands, and 
shall not be affected or changed thereafter, either by accretions or 
erosions. 

The establishment of such boundary line as aforesaid shall operate 
as a conveyance and release to such city or village of all the right, title 
and interest of such owner or owners to any and all lands, property and 
property rights, including riparian rights, lying upon the outer or water 
side of said boundary line when so established. Such city or village is 
hereby granted by the State of Illinois the title to any and all lands, 
property and property rights, including riparian rights, lying upon the 
outer or water side of said boundary line when so established. Such 
owner or owners of said shore lands are hereby granted by the State of 
Illinois the title to the adjacent, adjoining or submerged or other lands, 
whether of natural or artificial formation, as specifically and particularly 
described in said decree, lying upon the inner or land side of said 
boundary line when so established, and such owner or owners shall have 
the right to fill in, improve, protect and use, sell and convey said sub- 
merged or other lands lying upon the inner or land side of said boundary 
line free from any adverse claim in any way arising out of any question 
as to where the shore line was at any time in the past, or as to the title 
to any existing accretions. 

§ i4. Every such city or village shall also have the right, power and 
authority, and the right, power and authority are hereby granted, to 
cross by roadways or other appropriate approaches, the ways, drives, 
boulevards, beaches, wharves, docks, levees, piers, breakwaters, retaining 
walls, lands and submerged lands, or any of them, of any municipal cor- 
poration (other than a city or village), whenever any such crossing shall 
by ordinance of such city or village be declared to be necessar}^, appro- 
priate, convenient, useful, desirable or advantageous to harbor develop- 
ment and use or the development and use of any of the utilities 
mentioned in this Act. 

§ 15. Any artificially made, reclaimed or submerged lands of the 
State of Illinois which shall be acquired by any such city or village under 
the provisions of this Act, shall be held, used and occupied only for a 
public purpose, and if any such city or village shall at any time grant, 
bargain and sell such artificially made, reclaimed or submerged lands or 
any part thereof, the same shall thereupon revert to the State of Illinois. 

Any accretions or artificially made or reclaimed lands which may be 
formed or added to any harbor utility constructed by any public or 
municipal corporation (other than a city or village), under the provisions 
of this Act, shall not become the property of such public or municipal 
corporation, but such accretions or artificially made or reclaimed lands 
shall revert to and become the property of such city or village for the 
purposes of this Act, subject to such disposition as the city council of 
such city or village shall direct, but limited, however, by the provisions 
of this section. 

§ 16. Every city and village in this State shall have the right, power 
and aiTthority, and the right, power and authority are hereby granted. 



154 CITIES, TOWNS AND VILLAGES. 



to locate and establish dock lines and harbor lines in the public waters 
or rivers within the limits or jurisdiction of, or bordering on such city 
or village. 

§ 17. Every such city and village owning and operating or owning 
and leasing any portion of any of the utilities mentioned in section one 
of this Act shall keep the books of account for such utilities separate and 
distinct from other city or village accounts and in such manner as to 
show the true and complete financial standing and results of such city 
or village ownership and operation and of such city or village ownership 
and leasing as the case may be. Such accounts shall be so kept as to 
show the actual cost to such city or village of such utilities owned; all 
costs of maintenance, extension and improvement ; all operating expenses 
of every description, in case of such city or village operation, whether in 
whole or of a part of such utilities; if water or other service shall be 
furnished for the use of such utilities without charge, the accounts shall 
show, as nearly as possible, the value of such service, and also the value 
of any service, if any, rendered by such utilities to any other city or 
village department without charge ; such accounts shall also show reason- 
able allowances for interest, depreciation and insurance, and also esti- 
mates of the amount of taxes that would be chargeable against such 
utilities if owned by a private corporation. The city council of such 
city or village shall cause to be printed annually for public distribution, 
a report showing the financial standing and results, in form as afore- 
said of such city or village ownership and operation, or of such city or 
village ownership and leasing. The accounts of such utilities, kept as 
aforesaid, shall be examined at least once a year by an expert accountant, 
who shall report to the city council the results of his examination. Such 
expert accountant shall be selected in such manner as the city council 
may direct, and he shall receive for his services such compensation to be 
paid out of the income or revenues from such utilities, as the city council 
may prescribe. 

§ 18. The term "utility," as used in this Act, shall mean and em- 
brace every harbor, canal, slip, wharf, dock, levee, pier, quay wall, break- 
water or harbor structure, facility, connection or improvement, and every 
elevator, vault, warehouse or cold storage warehouse, acquired, owned, 
maintained or operated in connection therewith, and every necessary or 
appropriate adjunct to transportation, including railroad terminals and 
terminal facilities as authorized to be used by this Act. 

The term "artificially made or reclaimed lands," as used in this Act, 
shall be held to include all lands fonnerly submerged under the public 
waters of- the State, the title to which lands is in the State and which 
have been artificially made or reclaimed in whole or in part contrar}^ to 
law. 

The term "city council," as used in this Act, shall, in addition to its 
usual meaning, also mean and include board of trustees or other legisla- 
tive or governing body of any cit}^ or village, as the case may be. 

§ 19. No portion of any harbor, canal, slip, wharf, dock, levee, pier 
or other harbor utility or improvement (except breakwater) enumerated 
in this Act shall be constructed within one-half (i/o) mile of any intake 



CITIES, TOWNS AND VILLAGES. 155 



of water for public consumption, and in constructing such improvements 
no ashes, cinders or waste shall be dumped into any public waters within 
four (4) miles from any intake of water for public consumption unless 
placed behind retaining bulkheads : Provided, however, that nothing in 
this section contained shall apply to any city or village whose water 
frontage is exclusively on a river. 

§ 20. The invalidity of any portion of this Act shall not affect the 
validity of any portion thereof which can be giyen effect without such 
invalid part. 

§ 21. All laws and parts of laws heretofore enacted conferring or 
granting police control or other power or jurisdiction "upon any munici- 
pal corporation other than a city or village, within the area or districts 
that may be particularly described by ordinance as in this Act provided 
and authorized, are hereby repealed : Provided, that nothing herein con- 
tained shall be construed to or shall repeal an Act entitled, "An Act to 
amend an Act entitled, 'An Act to enable park commissioners having 
control of a park or parks bordering upon public waters in this State, to 
enlarge and connect the same from time to time by extensions over lands 
and the bed of such waters and defining the use which may be made of 
such extensions and granting submerged lands for the purpose of such 
enlargements,' approved May 14, 1903, in force July 1, 1903, and to 
amend the title thereof and to repeal the Act herein named," approved 
June 11, 1912, in force July 1, 1912. 

§ 22. An Act entitled, "An Act to enlarge the power of cities in 
relation to harbors, canals, wharves, docks, piers, slips and other harbor 
structures, facilities, improvements and utilities constructed or operated 
in connection therewith, to authorize the acquisition and condemnation 
of property and the use, occupation, reclamation and acquisition of the 
submerged lands of the State in carrying out such power, and to repeal 
nil Acts or parts of Acts in conflict therewith," approved June 10, 1911, 
is hereby repealed, and all other Acts or parts of Acts in conflict 'with 
this Act are hereby repealed. 

Approved June 23, 1913, 



HOSPITALS, PUBLIC — EMINENT DOMAIN. 
§ 1 . Cities enabled to exercise right of emuient domaLn for public hospital site. 
(Senate Bill No. 306. Appkoved Jxtne 12, 1913.) 

An Act enabling cities to exercise the right of eminent doinain for pub- 
lic hospital purposes. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That whenever any lot or parcel of 
land shall be needed as a site for a building, to be erected for- any hospital 
established and supported by any incorporated city of this State, and the 
compensation for such lot or parcel of ground cannot be agreed upon be- 
tween the owner or owners thereof, and the city so needing such lot or 



156 CITIES, TOWNS AND VILLAGES. 



parcel of land for such site, then such citj'' shall have the power, and it 
shall be its duty, to proceed to have such compensation determined in the 
manner provided by laAV for the taking of property, as provided by 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 Acts amen- 
datory thereto. 
Approved June 12, 1913. 



HOSPITALS, PUBLIC PLEDGE OE TAXES. 

§ 1. Amends section 6, Act of 189L § 6. As amended, authorizes pledge of 

taxes and isf-uance of warrants 
without submission to vote of 
people. 

(Senate Bill No. 371. Approved June 26, 1913.) 

An Act to amend section (6) of an Act entitled, "An- Act to enable cities 
to establish and maintain public hospitals, approved June 11 , 1891, in 
force July 1, 1891," as amended hy an Adt approved June 1 , 1911, in 
force July 1, 1911. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That section six of an Act entitled, 
"An Act to enable cities to establish and maintain public hospitals, 
approved June 17, 1891, in force July 1, 1891," as amended by an Act 
approved June 7, 1911, in force July 1, 1911, be amended to read as 
follows : 

§ 6. Said directors shall immediately after appointment meet to 
organize by the election of one of their number president, and one as 
secretary and by the election of su.ch other officers as they may deem 
necessary. They shall make and adopt such by-laws, rules and regula- 
tions for their own guidance and for the government of the hospital as 
may be expedient, and not inconsistent with this Act and the ordinances 
of said city. They shall have the exclusive control of the expenditures 
of all moneys collected to the credit of the "hospital fund," and of the 
supervision, care and custody of the grounds, rooms or buildings con- 
structed, leased or set apart for that purpose, and shall have the power, 
by the consent of two-thirds vote of the said board, and by the consent of 
two-thirds vote of the city council of said city, for the purpose of con- 
structing additional buildings for said hospital, to pledge the taxes to be 
collected for hospital purposes for a period not to exceed five (5) 3rears, 
and to anticipate the collection of said taxes for a period not to exceed 
five (5) years, by issuing warrants or vouchers for that purpose, the same 
to be signed by the president and secretary of the hospital board and by 
the mayor and city clerk or commissioner of accounts and finance, of said 
city, and be payable only out of the taxes to be collected for hospital pur- 
poses in said city for said period not to exceed five years, and it shall noi 
be necessary for said board or said city council of said city, to submit the 
question of issuing said warrants or vouchers to a vote of the people : 



CITIES, TOWNS AND VILLAGES. 157 



Provided, that all the moneys received for such hospital shall be deposited 
in the treasury of said city to the credit of the "hospital fund," and 
drawn upon by the proper officers of said city upon the properly authen- 
ticated vouchers of the hospital board. Said board shall have the power 
to purchase or lease ground, to occupy, lease or erect appropriate build- 
ing or buildings for the use of said hospital; shall have power to 
appoint a suitable superintendent or matron, or both, 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 hospital, and 
one or all of said directors shall visit and examine said hospital at least 
twice each month and make monthly reports of its condition to the city 
council. 

Approved June 26, 1913. 



LEVEES, EMBANKMENTS, ETC. — CONSTRUCTION, REPAIR, ETC. 

§ 1 . Power to construct, improve and repair § 4 . Referendum vote on tax levy — notices, 
levees— limitation of annual tax. 

§ 5 . Levee fund. 
§ 2 . Levy and collection of -'levee tax. " 

§ 6 . Ordinances for 1913. 
§ 3. Acquisition of real estate — eminent do- 
main. § 7 . Construction of Act. 

§ 8. Emergency. 

(Senate Bill No. 506. Approved June 26, 1913.) 

An Act to enable cities, villages and incorporated towns subject to or 
threatened loitli overflow: or inundation to construct, widen, raise, 
strengthen, improve, repair and maintain levees, protective emhanh- 
ments and structures, to levy and collect an annual tax therefor and 
to acquire real estate and materials for such purposes. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That all cities, villages and incor- 
porated towns, whether organized under general law or special charter, 
and which may be subject to or in danger of or threatened with overflow 
or inundation from rivers or other sources, shall have power to construct, 
widen, raise, strengthen, improve, repair and maintain levees, protective 
embankments and structures and shall have power for any of such pur- 
poses to levy and collect annually a tax of not exceeding one (1) dollar 
on each one hundred (100) dollars of the assessed valuation of all the 
taxable property within their respective limits. 

§ 2. Said tax shall be designated as "Levee Tax" and shall be levied 
and collected in like manner with the general taxes of such munici- 
palities; but the same shall be in addition to and exclusive of all other 
taxes such municipalities may now or hereafter be authorized to levy 
and collect; nor shall said tax be scaled down under any existing law. 

§ 3. All such cities, villages and towns are hereby vested with power 
and authority to purchase or condemn, by the exercise of the right of 



158 CITIES, TOWNS AND VILLAGES. 



eminent domain, all such real estate as may be needful for the purpose 
of constructing thereon levees, protective embankments and structures, 
and also for the purpose of obtaining earth or other materials, either 
within or without the limits of such municipalities, with which to con- 
struct, widen, raise, strengthen, improve, repair or maintain such levees, 
protective embankments and structures. 

§ 4. Provided, however, that the said levee tax herein provided for 
shall not be levied and collected for any year until the question of levying 
the tax for such year shall be submitted to a vote of the electors of [by] 
the city council at either a regular or special election and shall receive 
the affirmative vote of a majority of the electors voting on the question. 
At least twenty days' notice shall be given of the submission of the ques- 
tion at a regular city election, and at least thirty days' notice of any 
special election for submitting said question, which notice shall be given 
by publication for the time mentioned herein in a newspaper published 
in the city, and if there is no newspaper published in such city, then by 
posting the notices required by this Act in five ■ prominent places in the 
city. 

§ 5. All taxes collected by virtue of this Act shall be deposited in the 
treasury of such municipalities to the credit of what shall be called the 
"Levee Fund," which said fund shall be kept separate and apart from 
all other funds or moneys of such municipalities and shall not be used 
or paid out for any other purpose whatsoever than for the purpose speci- 
fied in this Act. The moneys in said levee fund shall, as far as possible, 
be kept at interest by such municipalities. 

§ 6. Whereas, Some of the municipalities of this State entitled to 
the benefits of the provisions of this Act have already adopted, or will 
adopt before July 1, 1913, their annual appropriation ordinances, such 
municipalities are hereby given power to adopt for the year 1913 a 
special appropriation ordinance and a special tax levy ordinance author- 
izing the collection and expenditure of the taxes provided for by this 
Act. 

§ 7. Nothing herein contained shall be construed as in any manner 
limiting the powers now possessed by any such municipalities under any 
existing law. 

§ 8. Whereas, A number of municipalities in this State desire to 
avail themselves at once of the benefits of the provisions of this Act, and, 
whereas, an emergency exists, this Act shall take effect and be in force 
from and after its passage. 

Approved June 26, 1913. 



CITIES, TOWNS AND VILLAGES. 



159 



LOCAL IMPROVEMENTS — ACT OF 1897 REVISED. 



§ 1 . Adds section 6a and amends sections 6, 7, 
10,12,14,15,18,19,22,34 and 72, Act of 1897. 

§ 6a . Duties of chief clerk. 

§ 6. Board of local improvements. 

§ 7. Proceedings preliminary to pub- 
lic hearing. 

§ 10 . Estimate of cost. 

§ 12 . When property is talcen. 

§ 14. Contents of petition — commis- 
sioners. 



15. Commissioner's report. 

18. Commissioner's certificate. 

19. AfRdavit of ownership. 

22. Mailing notices to parties as- 



§ 34. Improvement requested by a ma- 
jority of frontage— sidewallcs. 

§ 72. Municipality may buy in. 



(Senate Bill No. 633. Approved June 28, 1913.) 

An Act to amend an Act entitled, "An Act concerning local improve- 
ments" approved June IJ/., 1S97, in force July 1, 1897, as amended 
by subsequent Acts. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : Tliat an Act entitled, "An Act con- 
cerning local improvements," approved June 14, 1897, in force Jnly 1, 
1897, as heretofore amended, be and the same is hereby amended by 
adding thereto a new section to be known as section 6a, and that sections 
6, 7, 10, 13, 14, 15, 18, 19, 22, 34, and 72 of said Act as amended be and 
the same are hereby amended so as to read as follows : 

§ 6a. In cities within the terras of this Act, having a population of one 
hundred thousand (100,000) or more, by the last preceding census of the 
United States or of this State, and having a chief clerk of special assess- 
ments, such chief clerk of special assessments shall, in the event of the 
absence or inability to act of the superintendent of special assessments 
have full power to perform all acts and duties provided for in this Act 
as amended to be done or performed by said superintendent of special 
assessments, with the same force and effect as if said Acts and duties had 
been done or performed by said superintendent of special assessments. 

§ 6. Board of local improvements.] In cities within the terms 
of this Act, having a population of one hundred thousand (100,000) or 
more, by the last preceding census of the United States, or of this State. 
there is hereby created a board of local improvements consisting of the 
superintendent of special assessments and five other members; such five 
members shall be nominated by the mayor and shall be confirmed by the 
council or board of trustees of such city; and no one of which, except 
such superintendent of special assessments, shall be the head of any 
department of the government of such city, or hold any other office or 
position therein. Said board shall elect from its members a president, 
a vice-president and an assistant secretary. The superintendent of 
special assessments shall be ex officio secretary of the board. In the 
absence or the inability of the president or secretary to act, the vice- 
president for the president and the assistant secretary for the secretary, 
are hereby given full power to sign and execute contracts, vouchers, 



160 CITIES, TOWNS AND VILLAGES. 



bonds^ pay-rolls and all other papers^ documents and instruments neces- 
sary to carry this Act and all proceedings hereunder into full force and 
effect. Said board shall hold daily sessions for the transaction of all 
business in rooms accessible to the public, to be provided by the city 
council. 

The city council or board of trustees of such city shall provide for 
salaries for said board of local improvements. 

In cities within the terms, of this Act having a population of more than 
fifty thousand (50,000) and less than one hundred thousand (100,000) 
by the last preceding census of the United States, or of this State, there 
is hereby created a board of local improvements, consisting of five mem- 
bers, of which board the commissioner of public works shall be the presi- 
dent. The other members of said board shall be the superintendent of 
streets, the superintendent of sewers, and superintendent of special 
assessments and the city engineer. 

In cities having a population of less than fifty thousand (50,000) and 
in villages and incorporated towns, the board of local improvements shall 
consist of the mayor of said city, or the president of such village or 
town, who shall be president of such board, and the public engineer and 
the superintendent of streets of such municipality, where such officers 
shall be provided for by ordinance; but if at any time no such officers 
shall be provided for, then the city council or the board of trustees, as 
the case may be, shall by ordinance designate two or more members of 
such body who shall, with such mayor or president of such village or 
town, until otherwise provided by ordinance, constitute the members of 
the board. 

§ 7. Proceedings preliminary to public hearing.] All ordi- 
nances for local improvement to be paid for wholly or in part by special 
assessment or special taxation shall originate with the board of local 
improvements. Petitions for any such public improvements shall be 
addressed to said board. Said board shall have the power to originate 
a scheme for any local improvement, to be paid for by special assessment 
or special tax, either with or without a petition, and in either case shall 
adopt a resolution describing the proposed improvement, which resolu- 
tion shall be at once transcribed into the records of the board. 

Whenever the proposed improvement will require that private property 
be taken or damaged, such resolution shall describe the property pro- 
posed to be taken for that purpose. Said board shall, by the same reso- 
lution, fix a day and hour for the public consideration thereof, which 
shall not be less than ten days after the adoption of such resolution. 
Said board shall also cause an estimate of the cost of such improvement 
(omitting land to be acquired) to be made in writing by the engineer 
of the board, (if there be one, if not, then by the president) over his 
signature, which shall be itemized to the satisfaction of said board, and 
which shall be made a part of the record of such resolution : Provided, 
however^ that in cities, towns or villages of this State having a popula- 
tion of one hundred thousand or more by the last preceding census of 



CITIES, TOWNS AND VILLAGES. 161 



the United States, or of this State, when the proposed improvement con- 
sists only of taking or damaging private property, such estimate shall 
not be required. Notice of the time and place of such public consider- 
ation or hearing shall be sent by mail directed to the person who paid 
the general taxes for the last preceding year on each lot, block, tract or 
parcel of land fronting on the proposed improvement not less than five 
(5) days prior to the time set for such public hearing. Said notices 
. shall contain the substance of the resolution adopted by the board (and 
when an estimate is required by this Act) the estimate of the cost of the 
proposed improvement, and a notification that the extent, nature, kind, 
character (and, when an estimate is required by this Act, the estimated 
cost of such proposed improvement) may be changed by said board at 
the public consideration thereof. If upon such hearing the board shall 
deem such improvement desirable, it shall adopt a resolution therefor 
and prepare and submit an ordinance therefor as hereinafter provided: 
Provided, however^ that in proceedings only for the laying^ building, 
constructing or renewing of any sidewalk, water service pipe or house 
drain, no resolution, public hearing or preliminary proceedings leading 
up to the same shall be necessary. In such proceedings the board may 
submit to the city council or board of trustees, as the case may be, an 
ordinance, together with its recommendation and (when an estimate is 
required by this Act) the estimated cost of the improvement, as made 
by the engineer, as herein provided^ and such proceedings shall have the 
same force and effect as though a public hearing had been had thereon. 

§ 10. Estimate of cost.] Together with the said ordinance and 
recommendation shall be presented to . the city council or board of 
trustees, except when rendered unnecessary by section seven, as amended 
of this Act, an estimate of the cost of such improvement, as originally 
contemplated, or as changed, altered or modified at the public hearing, 
itemized so far as the board of local improvements shall think necessary, 
over the signature of the engineer of the board, if there be one; if not, 
then of the president of said board, who shall certify that, in his opinion, 
the said estimate does not exceed the probable cost of the improvement 
proposed, and the lawful expenses attending the same. The recom- 
mendation by said board shall be prima facie evidence presumed to 
be based upon a full compliance with the requirements of the Act. 
(As amended by Act approved and in force May 1, 1901.) 

§ 13. When property is taken.] Should such an ordinance pro- 
vide for improvements which require the taking or damaging of propertv, 
the proceeding for making just compensation therefore [therefor] shall 
be as described in sections 13 to 33, inclusive, in this Act. Such pro- 
ceeding shall also be governed by the remaining sections of this Act, so 
far as not in conflict with the said sections 13 to 33, inclusive. 

§ 14. Contents of petition — commissioners.] Such petition shall 
contain a reasonably accurate description of lots, blocks, tracts and par- 
cels of land which shall be taken or damaged. There shall be filed with 

—11 L 



162 CITIES, TOWNS ANi) VILLAGES. 



or attached to such petition a copy oJ: said ordinance, certified by the 
clerk, under the corjDorate seal, but the failure to file such copy shall not 
affect the jurisdiction of the court to proceed in said cause, and to act 
upon said petition; but if it shall appear in any such cause that a copy 
of the ordinance has not been attached to or filed with said petition 
before the report of the commissioners shall be filed, as provided in sec- 
tion 15, then, upon motion of any person whose real estate is to be taken, 
or to be assessed, the entire petition and proceedings shall be dismissed. 
Upon the filing of the petition the court shall enter an order designating 
two competent persons as commissioners, to act with the superintendent 
of special assessments (where such officer is provided for by tliis Act 
and in other cases the president of said board of local improvements), 
who shall investigate and report to the court the just compensation to be 
made to the respective owners of private property which will be taken 
or damaged for the said improvement, and also what real estate will be 
benefited by such improvement, and the amount of such benefits to each 
parcel. Neither shall be emploj^ees of the petitioning municipality, and 
both shall be disinterested persons. They shall be allowed a fee for their 
services which shall be fixed by the court in advance and the amount so 
allowed may be reviewed by the court upon motion, and may be taxed 
as costs and included in the amount to be assessed : Provided, however, 
that in cities of this State having a population of one hundred thousand 
(100,000) or more by the last preceding census of the United States or 
of this State, the fee of said commissioners shall be paid by the city 
out of its general fund. Said three commissioners shall be duly sworn 
to make a true and just assessment of the cost of said improvement, 
according to laAv. The concurrence of any two in a report shall be 
sufficient. 

§ 15. CoMMissiONEEs' REPORT.] Such Commissioners shall there- 
upon make such investigation, and prepare and file in court their report 
accordingly, in and by which report they shall, in one column, describe 
the respective parcels of property to be taken or damaged for such im- 
provement; in another column the respective owners of record of the 
said parcels of land, the name and residence of each such owner being 
set opposite his own property; in another column the name and residence 
of the occupant, where the property is occupied, so far as known to such 
commissioners or can be found upon diligent inquiry ; in another column 
the amount of the value of each piece or parcel to be taken for such 
improvement, setting the same opposite the property to which it relates ; 
and in another column the amount of damages, if any, which in their 
opinion, will result to any piece or parcel of land not taken, by reason 
of the said imj)rovement, describing each piece or parcel so damaged by 
a reasonably accurate descri^jtion ; said commissioners shall further esti- 
mate and report what proportion of the total cost of such improvement 
(including therein their estimate of value and damages, and, when an 
estimate is required by this Act, the estimate of the cost of such pro- 
ceeding) will be of benefit to the public, and what proportion thereof 
will be of benefit to the propert}^, and shall apportion the same between 



CITIES, TOWNS AND VILLAGES. 163 



the municipality and such property so that each shall bear its relative 
equitable proportion ; and haA'ing found said amounts, shall further 
report what lots, blocks, tracts and parcels of land will be specially 
benefited by the said improvement, and shall describe the same by a 
reasonably accurate description, and shall apportion and assess the 
amount so found to be of benefit to the property upon the several lots, 
blocks, tracts and parcels of land in the proportion in which they will 
be severally benefited by said improvement : Provided, that no lot, 
block, tract or parcel of land shall be assessed a greater amount than 
it will [be] actually benefited. 

§ 18. Commissioners' certificate.] Such commissioners shall re- 
turn their said report to the court in which said petition was filed, and 
file the same with the clerk thereof, with their certificate, duly verified, 
stating in substance that they have carefully examined the questions re- 
ferred to in their report, and that in their opinion the amounts awarded 
for damages and value therein, and the respective amounts assessed 
against the private property, and also the apportionment of the cost of 
said improvement between the public and the private property assessed, 
and the allowance for property theretofore dedicated, if any, are correct, 
equitable and just. The return and filing of such report shall be deemed 
an annlication by the petitioner for Judgment of condemnation of the 
property so to be taken or damaged, and for a confirmation of the said 
assessment of benefit. 

§ 19. Affidavit of ownership.] The superintendent of special 
assessments, or president of the board of local improvements (as the 
ease may be), shall file with said repoi-t an affidavit made by himself 
or by some employee of his office, that the affiant has carefully examined 
the records in the recorder's office of the said county for the names of 
the owners of record of the several lots, blocks, tracts, and parcels of 
land to be taken or damaged for said improvement, and also that the 
affiant made a careful examination of the collectoi-'s books showing the 
payments of general taxes during the last preceding year in which 
taxes were paid on the respective lots, blocks, tracts and parcels of land 
against which benefits are assessed in said report, to ascertain the person 
or persons who last paid the taxes on said respective lots, blocks, tracts 
and parcels of land, and that the names of such owners of record 
and persons who paid said taxes are correctly shown in the columns or 
schedules of ownership and of persons who paid such taxes in said re- 
port; also that he has diligently inquired as to the residence of the 
respective owners of property to be taken or damaged for said improve- 
ment and of the persons who paid the general taxes during the last pre- 
ceding calendar year in which general taxes were paid on all the re- 
spective lots, blocks, tracts and parcels of land against which benefits 
have been assessed in said report (specifying the nature of the inquiry 
and examination he has made for that purpose) and that the residences 
of the owners and parties paying such general taxes are correctly stated, 
according to the result of his said examination, in the column or schedule 
of residences in said report; also that in all cases where he has been 



164 CITIES, TOWNS AND VILLAGES. 



unable to find the residence of the owner of such record title, he has 
examined the return of the collector's warrant for taxes on real estate 
for the last preceding year, in which the taxes were paid, and has set 
opposite each such parcel whose owner has not been found, the name of 
the person who last paid the tax on said parcel, together with his place 
of residence, wherever, on diligent inquir}^, he was able to find the same. 
Said affidavit, or an affidavit filed therewith, shall further state that the 
affiant has visited each of the parcels of land to be taken or damaged for 
said improvement described in said report, for the purpose of ascertain- 
ing whether or not the same was occupied, and the name and residence 
of the occupant, if an}' ; and that in every case where said parcels of land 
were found to be occupied, upon such investigation, the name of the 
occupant is stated in said report opposite such parcel, together with his 
residence, when ascertained. Such affidavit and report shall be prima 
facie evidence that the requirements of this Act have been complied with. 

§ 23. Mailing NOTICES to parties assessed.] There shall be sent 
by mail, post paid, to each of the persons paying the taxes during the 
last preceding year in which taxes were paid on the property which has 
been assessed for the benefits in said proceeding directed to the address 
as shown in said report, or where not so shown, then generally to the 
city, village or town in which said improvement is to be made, at least 
fifteen days before the said return day, a notice stating the nature of 
said improvement, the description of such taxpayer's property assessed 
therefor, the amount of such assessment, and the date when the summons 
in said cause will be returnable, and when objections thereto may be 
filed. An affidavit of one of the commissioners, or some other person 
showing such service, mailing, posting and publication, shall be pHma 
facie evidence of a compliance with all the requirements thereof ; but the 
publication may be proved in any other manner provided by law. 

§ 34. Improvements requested by a majority of frontage — 
sidewalks.] Whenever the owners of one-half of the property abutting 
on any street, alley, park or public place, or portion thereof, shall peti- 
tion for any local imj)rovement thereon, the'board of local improvements 
in any city, village or town shall take the steps hereinbefore required for 
hearing thereon, but at such hearing shall consider only the nature of 
the proposed improvement and the cost thereof, and shall determine, in 
the manner above provided, the nature of the improvement which it will 
recommend, and shall thereupon prepare and transmit to the legislative 
body a draft of an ordinance therefor, together with an estimate of the 
cost, as above described, and shall recommend the passage thereof, which 
recommendation shall be prima facie evidence that all the preliminan^ 
steps required by law have been taken ; and thereupon it shall be the duty 
of such legislative body to pass an ordinance for the said improvement, 
and take the necessary steps to have the same carried into effect. When- 
ever any ordinance shall provide only for the building or renewing of 
any sidewalk, and the owner of any lot or piece of land fronting on such 
sidewalk shall, within forty (40) days after the tirhe at which said 
ordinance shall take effect, build or renew such sidewalk opposite to his 



CITIES, TOWNS AND VILLAGES. 



165 



land to conform in all respects to the requirements of such ordinance, 
an allowance shall be made in the spreading of the assessment against 
the said lot or piece of land of an amount equal to the estimated cost 
of such sidewalk, based on the cost per unit of said sidewalk as shown 
in the engineer's estimate. 

Notice of the passage of such ordinance shall be sent by mail within 
ten days after said ordinance shall take effect to the person who paid 
the taxes on said premises for the preceding year, if he or they can be 
found in said county, and also a like notice addressed to the "occupant" 
of said property, if the same be at such time actually occupied, and an 
affidavit of such service shall be filed with the official report of such 
assessment. Such affidavit shall be prima facie evidence of a com- 
pliance with said requirements. 

§ 72. Municipality may buy in.] Any city, village or town in- 
terested in the collection of any tax or special assessment, may, in 
default of other bidders, become a purchaser at any sale of property to 
enforce the collection of the same, and may, by ordinance, authorize 
and make it the duty of one or more municipal officers to attend such 
sales and bid thereat in behalf of the corporation. Any municipal cor- 
poration which holds any certificate of sale or tax deed acquired in 
pursuance hereof shall be entitled to reimbursement of the amount paid 
by it at such sale, including the costs and interest at the rate of five 
per cent (5%) ; and no final judgment or decree shall be entered in any 
case either at law or in equity or in proceedings under the eminent 
domain Act involving the title to or interest on any land in which such 
municipal corporation shall be a party, until reimbursement has been 
made to it as herein provided. 

Approved June 28, 1913. 



local improvements — TAXES SET ASIDE OR DECL.A.RED VOID^ ETC. 



§ 84 . As amended, adds provision con- 
cerning proceedings under sec- 
tions 57 and 58 for work already 
done. 



1 . Amends sections 57, 58 and 84, Act, of 1897. 

§ 57. As amended, provides for another 
• tax levy for work accepted by 
board. 

§ 58 . As amended, no special tax to be 
declared void because levied for 
work done and accepted by 
board— new ordinance to be 
passed when proceedings rend- 
ered unavailing. 

(House Bill No. 228. Approved June 27, 1913.) 

An Act to amend sections 57, 5S and SJ^ of an Act entitled, "An Act 
concerning local improvements," approved June IJf, 1897, in force 
July 1, 1897, as amended hy suhsequent Acts. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 57, 58 and 84 of an 
Act entitled, "An Act concerning local improvements," approved June 
14, 1897, in force July 1, 1897, as amended by subsequent Acts, be and 
the same are hereby amended so as to read as follows : 



166 CITIES, TOWNS AND VILLAGES. 



§ 57. If any special assessment or special tax has heretofore been or 
shall hereafter be annulled by the city council or board of trustees, or 
set aside by any court or declared invalid or void for any reason what- 
soever, a new assessment or tax may be made and returned and like notice 
shall be given and proceedings had as herein required in relation to the 
first; and if any local improvement has heretofore been or shall here- 
after be constructed under the direction of the board of local improve- 
ments and has been or shall be accepted by such board, and the special 
assessments or special tax levied or attempted to be levied to pay for the 
cost of such an improvement has been or shall be so, annulled, set aside 
or declared invalid or void, then a new special assessment or special tax 
may be made and returned to pay for the cost of the improvement so 
constructed, or to- pay for the cost of such part thereof as the city coun- 
cil or board of trustees might lawfully have authorized to be constructed 
and paid for by special assessment or special tax. All parties in interest 
shall have like rights, and the city council or board of trustees, and the 
court shall perform like duties and have like power in relation to any 
subsequent assessment or tax as are hereby given in relation to the first. 

§ 58. No special assessment or special tax shall be held invalid or 
void because levied for work already done, if it shall appear that such 
work was done under a contract which has been duly let and entered into 
pursuant to an ordinance providing that such an improvement should 
be constructed and paid for by special assessment or special tax, and that 
the work was done under the direction of the board of local improve- 
ments and has been accepted by such board; nor shall it be a valid ob- 
jection to the confirmation of such new assessment that the original 
ordinance has been declared void or that the improvement as actually 
constructed does not conform to the description thereof as set forth in 
the original special assessment ordinance, if the improvement so con- 
structed is accepted by the board of local improvements. The pro- 
visions of this section shall apply whenever the prior ordinance shall be 
held insufficient or otherwise defective, invalid or void, so that the col- 
lection of the special assessment or special tax therein provided for be- 
comes impossible. In every such case, when such an improvement has 
been so constructed and accepted, and the |)roceedings for the confirma- 
tion and collection of the special assessment or special tax are thus 
rendered unavailing, it shall be the duty of the city council or board of 
trustees to pass a new ordinance for the making and collection of a new 
special assessment or special tax, and such ordinance need not be pre- 
sented by the board of local improvements. 

§ 84. Within thirty (30) days after the final completion and accept- 
ance of the work, as hereinbefore provided, the board of local improve- 
ments shall cause the cost thereof to be certified in writing to the court 
in which said assessment was confirmed, together with an amount esti- 
mated by the board to be required to pay the accruing interests on bonds 
or vouchers issued to anticipate collection and thereupon, if the total 
amount assessed for said improvement upon the public and private 
property exceeds the costs of the same, all of said excess, excepting the 



ClTlEiSj TOWNS AND VILLAGES. 167 



amount required to pay such interest as lierein provided for, sliall be 
abated and the judgment reduced proportionately to the public and 
private property owners and shall be credited pro rata upon the respective 
assessments for said improvements under the direction of the court, and, 
in case the assessment is collectable in installments, such reduction shall 
be made so that all installments shall be equal in amount, except that 
all fractional amounts shall be added to the first installment so as to 
leave the remaining installments in the aggregate equal in amount and 
each a multiple of one hundred dollars ($100). If prior to the entry 
of the order abating and reducing said assessment the same shall have 
been certified for collection pursuant to the provisions of section 61 of ' 
this Act as herein amended, and any of the installments of such assess- 
ment so certified for collection have become due and payable, the reduc- 
tion and abatement above referred to shall be made pro rata upon the 
other installments ; the intent and meaning hereof being that no property 
owner shall be required to pay to the collector a greater amount than 
his proportionate share of the cost of said work and of the interest that 
may accrue thereon. In every assessment proceeding in which the 
assessment shall be divided into installments it shall also be the duty of 
the board of local improvements to state in said certificate whether or 
not the said improvement conforms substantially to the requirements of 
the original ordinance for the construction of the improvement, and to 
make an application to said court to consider and determine whether or 
not the facts stated in said certificate are true; and thereupon the court 
shall, upon such application, fix a time and place for hearing upon the 
said petition, and shall enter the same of record, such time to be not 
less than fifteen (15) days after the filing of such certificate and appli- 
cation. Public notice shall be given of the time and place fixed for such 
hearing by posting and publishing in a newspaper, in the same manner 
and for the same period as provided in this Act for publishing notice of 
application for the confirmation of the original assessment, the posting 
and publication of such notice to be not less than fifteen (15) days before 
the day fixed by such order for such hearing. At the time and place 
fixed by such notice, or at any time thereafter, the court shall proceed 
to hear said application and any objections which may be filed thereto 
within the time fixed in such order, and upon such hearing the said 
certificate of the board of local improvements shall be prima, facie 
evidence that the matters and things therein stated are true, but if any 
part thereof are controverted by objections duly filed upon such petition, 
the court shall hear and determine the same in a summary manner and 
shall enter an order according to the fact. Such order of the court shall 
be conclusive upon all the parties and no appeal therefrom, or writ of 
error thereto, shall be allowed to review or reverse the same. If upon 
such hearing the court shall find against the allegations of the said 
certificate, it shall enter an order accordingly, but it shall then be the 
duty of the said board of local improvements to procure the completion 
of the said improvement in substantial accordance with the said ordi- 
nance, and said board may, from time to time, file additional or supple- 



168 



CITIES, TOWNS AND VILLAGES. 



mental applications or petitions in respect thereto, until the court shall 
be eventually satisfied that the allegations of such certificate or petitions 
are true, and that said improvement is constructed in substantial accord- 
ance with the said ordinance. If before the entry of such order upon 
such certificate there shall have been issued to the contractor in the 
progress of any such work, any bonds to apply upon the contract price 
thereof, said contractor or the then owner or holder of such bonds, shall 
l>e entitled to receive in lieu thereof new bonds of equivalent amount, 
dated and issued after the entry of such order. Nothing in this section 
contained shall be construed to apply or shall apply to any proceedings 
under sections 57 and 58 of this Act or either of them, for the con- 
firmation of new assessments, levied to pay for the cost of work already 
done. 

x\ppROVED June 27, 1913. 



LOCAL IMPROVEMENTS- 



-WATERWORKS AND SEWAGE SYSTEMS IN CERTAIN 
MUNICIPALITIES. 



§ 1 . Amsnds section 33a, Act of 1897. 



§ 33a. Annual tax levy — limit — "public 
benefit fund" — referendum ordi- 
nance for tax in excess of six 
mills— submission under Act of 
1909 — issuance of warrants. 



(House Bill No. 873. Appboved June 28, 1913.) 

An Act to amend section 33a of an Act entitled., "An Act concerning 
local impro'vements," approved June IJf, 1897, in force July 1, 1897. 
Section 1. Be it enacted iy the People of the State of Illinois, repre- 
sented in the General Assembly: That section 33a of an Act entitled, 
"An Act concerning local improvements," approved June 14, 1897, in 
force July 1, 1897, be amended so that the same shall read as follows, 
to wit: 

§ 33a. Any city, village or incorporated town having over 15,000 
inhabitants, owning and operating a waterworks and sewage system, and 
not within any sanitary district, but discharging its sewage into Lake 
Michigan, without having provided any adequate provision for otherwise 
disposing of the same, the cost of the construction of said waterworks 
and sewage system having been provided for by special assessment, and 
a large portion of such cost having been assessed against such munici- 
pality for public benefits, it shall be lawful for such municipality to 
provide by ordinance for the levy, in addition to the taxes now author- 
ized by law, a direct annual tax for not exceeding twenty successive 
years, and not exceeding one cent on the dollar of all taxable property 
in such city, town or village, the same to be levied and collected with 
and in like manner as the general tax in such city, town or village, and 
to be known as the "Public Benefit Tax" and the fund arising therefrom 
shall be known as the "Public Benefit Fund," which fund shall be used 
solely for the purpose of paying that portion of the several amounts 
heretofore assessed against such municipality for public benefits, as well 



CITIES, TOWNS AND VILLAGES. 169 



as for paying any such amounts as may be hereafter so assessed for such 
benefits under and in pursuance of any ordinance that may be hereafter 
passed : Pro-vided, hoivever, that no such tax shall be levied in excess 
of six mills upon the dollar of the taxable property for any year until 
after the city council or board of trustees of such city;, town or village 
shall have passed an ordinance providing for the levying of such excess, 
which ordinance shall not become operative, effective or valid until it 
shall have been submitted to^ the voters of any such city, town or village 
in accordance with the provisions of an Act of the General Assembly of 
the State of Illinois entitled, "An Act requiring cities, villages and incor- 
porated towns to submit certain ordinances authorizing the issue of 
bonds, except to refimd any bonded indebtedness to the voters of any 
such city, village or incorporated town," approved June 4, 1909, in force 
July 1, 1909, and approved by a majority of such voters voting upon 
the question. 

Where any such tax shall have been so levied, warrants may be drawn 
against the same as and in the manner and with like force and effect as 
is provided in and by an Act of the General Assembly of the State of 
Illinois, entitled, "An Act to provide for the issuing of warrants upon 
the treasurer of any county, township, city, school district or municipal 
corporation, and jurors' certificates," approved May 31, 1879, in force 
July 1, 1879. 

Approved June 28, 1913. 



PARKS IN CITIES UNDER 50,000 — TAX LEVY. 

§ 1. Amends section 1, Act of 1907. I § 1. As amended, provides for three 

I miE tax. 

I (House Bill No. 386. Approved June 26, 1913.) 

An Act to amend section one of an Act entitled, "An Act to authorize 
cities having a population of less 'than 50,000 to establish and main- 
tain by taxation public parl's," approved May 13, 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 one of the Act of the 
General Assembly entitled, "An Act to authorize cities having a popu- 
lation of less than 50,000 to establish and maintain by taxation public 
parks," approved May 13, 1907, in force July 1, 1907, be amended, so as 
to read when amended as follows : 

§ 1. Be it enacted, by the People of the State of Illinois, represented' 
in the General Assembly: That the city council of each incorporated 
city of this State having a population of less than 50,000, whether or- 
ganized under general law or special charter, shall have power to estab- 
lish and maintain public parks for the use and benefit of the inhabitants 
of such city, and may levy a tax not to exceed three mills on the dollar 
annually on all taxable property embraced in the city according to 
the valuation of the same as made for the purpose of State and county 
taxation by the last assessment. 
Approved June 36, 1913. 



170 CITIES, TOWXS AND VILLAGES. 



PENSION FUND FIREMEN IN CITIES OVER 50,000, ACT 1887 AMENDED. 

§ 1 . Amends sections 2, 8 and 10, Act of 1887. § 8 ■ As amended, provides for retire 

ment after twenty years' service. 
§ 2 . As amended, adds a retired pension- 
er to board of trustees and pro- § 10. As amended, benefits available 
vides for elections bi-annually. | after twenty years of service. 

(House Bill No. 70. Appeoved June 26, 1913.) 

An Act io amend sections 4u-o (2), 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 ftind for the pensioning of dis- 
abled firemien, and the widows and minor children of deceased firemen; 
to authorize the retirement from, service and the pensioning of mem^ 
hers of the fire depm-tment, and for other purposes connected there- 
with, in cities, villages or incorporated towns, tuhose population ex- 
ceeds fifty thousand, inhahitants, having a paid fire department," 
approved May 13, 1887, in force July 1, 1887, and as amended hy an 
Act approved March 28, 1889, in force July 1, 1889, and further 
amended hy an Act approved June 1, 1907, in force July 1, 1907. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly : Tliat sections two (2), eight (8) and 
ten (10) 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 department, and for other purposes connected therewith, in 
cities, villages or incoqoorated towns whose population exceeds fifty 
thousand inhabitants, having a paid fire department," approved May 13, 
1887, in force July 1, 1887, and amended by an Act approved March 28, 
1889, in force July 1. 1889, and further amended by an Act approved 
June 1, 1907, in force July 1, 1907, be and the same is hereby amended 
to read as follows : 

§ 2. The treasurer, clerk, attorney, marshal or chief officer of the 
fire department, and the comptroller of such city, callage or incorporated 
town, and two other persons, who shall be chosen from the active mem- 
bers of the fire department of such city, village or incorporated town, 
and one other person, who shall be chosen from among the ex-members 
of such fire department who have been duly retired from ser^dce in such 
fire department, or who are drawing pensions, under and by virtue of 
the provisions of the law creatine- and providing for said board of trustees 
shall constitute and be a board by the name of the ^'Eoard of Trustees of 
the Firemens' Pension Fund." The members of this board to be chosen 
from the active members of the fire department shall be elected bv ballot 
at a bi-annual election, at which election all active members of the fire 
department of said city, village or incorporated town shall be entitled 
to vote : Provided, that in any city, village or incorporated town where 
there is no comptroller appointed or elected, that the mayor of such city, 
village or incorporated town, shall be a member of such board. And the 
members of said board to be chosen from among the ex-members of such 



CITIES, TOAVNS AND VILLAGKS. 171 



fire department who have been duly retired or pensioned as aforesaid 
shall be elected b^- ballot at a In-annual election, at which last mentioned 
election all ex-members of such fire department who have been duly re- 
tired or pensioned as aforesaid shall be entitled to vote. 

The election or elections in this section provided for shall be held bi- 
annually, on the third Monday in April, under the Australian ballot 
system, at such place or places in such city, village or incorporated town, 
under such regulations as shall be prescribed by the members of this 
board Avho are members of such by reason of their official positions : 
Provided, however, that no person entitled to vote under the provisions 
of this section shall cast more than one vote at any such election. In the 
event of the death, resignation or inability to act of any member of said 
board, elected under the provisions of this section, the successor to such 
member shall be elected at a special election, which shall be called by 
said board, and shall be conducted in the same .manner as the bi-annual 
elections hereunder. The said board shall elect from their number a 
president and secretary : Provided, that in villages and incorporated 
towns the board of trustees of the firemen's pension fund shall con- 
sist of the president of the board of trustees, the town clerk, the town or 
village attorney, the chief officer of the fire department and two other 
persons who shall be chosen bi-annually from the active members of the 
fire department of such village or incorporated town, and one other per- 
son, who shall be chosen bi-annually from among the ex-members of such 
fire department who have been duly retired from service in such fire 
department, or who are drawing pensions under and by virtue of the pro- 
visions of the law creating and providing for said board of trustees. 
The two members of said board to be chosen from the active meml^ers of 
the fire department of said village or incorporated town, and the mem- 
bers of said board to be chosen from among the ex-members of said fire 
department who have been duly retired or pensioned as aforesaid, to be 
elected in the manner provided for in this section for election of such 
members in cities. 

§ 8. If any member of such fire department shall, while in the serv- 
ice of such fire department, be killed, or die as the result of injuries 
received while in such service or of any disease contracted by reason of 
his occupation, or if any member of such fire department shall, while in 
said service, die from any cause while in said service, or during retire- 
ment, or after retirement, after twenty (30) years' service as hereinafter 
provided, and shall leave a widoAv, minor child or minor children under 
sixteen years of age, or dependent father or mother surviving, said board 
of trustees shall direct the payment from said pension fund of the fol- 
lowing sums monthly, to wit : To such widow, while unmarried, thirty- 
five dollars; to the guardian of such minor child or children, eight dol- 
lars for each of said children until it, or they, reach the age of sixteen 
years; to the dependent father, or dependent mother, of such fireman, 
twenty-five dolLirs each : Provided, it shall be proven that the deceased 
fireman at the time of his death, was the sole and only support of such 
jiarent or parents. Where the wife of such deceased fireman shall have 



172 CITIES; TOWNS AND VILLAGES. 



died; either prior or subsequent to the death of such fireman, leaving a 
minor child or children, the said board shall pay to the duly appointed 
guardian of such child or children, for their support and maintenance, 
until it or they shall have reached the age of sixteen years, to each, the 
sum of fifteen dollars per month : Provided, however, that there shall 
not be paid to the family or dependents of any such deceased member, 
a total pension exceeding one-half the amount of the annual salary of 
such deceased fireman at the time of his decease ; or, if a retired member, 
a sum not exceeding one-half the amount of the annual salary of such 
retired member at the date of his retirement. If at any time there shall 
not be sufficient money in such pension fund to pay each person entitled 
to the benefits thereof, the full amount per month, as hereinbefore pro- 
vided, then, and in that event, an equal percentage of such monthly pay- 
ments shall be made to each beneficiary thereof, until the said fund shall 
be replenished to warrant the payment in full to each of said beneficiaries. 

§ 10. Any member of the fire department of any such city, village 
or incorporated town, after having served twenty years or more in such 
fire department, of which the last two years shall be continuous, may 
make application to be relieved from such fire department, or if he shall 
be discharged from such fire department, the said board of trustees shall 
order and direct that said person shall be paid a monthly pension equal 
to one-half the amount of salary attached to the rank which he may have 
held in said fire department at the date of his retirement or discharge; 
and the said board upon the recommendation of the fire marshal or the 
chief officer of any fire department provided for in this Act, shall have 
the power to assign members of the fire department retired or drawing 
pensions under this Act, to the performance of light duties in such fire 
department in case of extraordinary emergencies. After the decease of 
such member, his widow, minor child or children, under sixteen years 
of age, his dependent parent or parents, if any surviving him, shall be 
entitled to the pension provided for in this Act, but nothing in this or 
any other section of this Act shall warrant the payment of any annuity 
to any widow of a deceased member of such fire department after she 
shall have remarried. 

Approved June 26, 1913. 



CITIESj TOWNS AND VILLAGES. 173 



PENSION FUND — POLICE IN CITIES OF 9,000-50,000, CIVIL SERVICE 

EXEMPTION. 

§ 1 . Amends section 1, Act of 1909. 



§ 1 . As amended, adds civil service pro- 
vision to paragraphs 7 and 8. 



§ 2. Title amended. 



(House 'Bill No. 204. Appkoved June 27, 1913.) 

An Act to amend section 1 of an Act entitled, "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 inhabit- 
ants," approved June IJ/., 1909, in force July 1, 1909, and to amend 
the title of said Act. 

Section 1. Be it enacted by five People of the State of Illinois, rep- 
resented in the General Assembly: That section 1 of an Act entitled, 
"An Act to provide for the setting apart, formation and disbursement 
of a police pension fund in cities, villages and incorporated towns, in 
the State of Illinois having a population of not less than 20,000 and 
not more than 50,000 inhabitants,'^ approved June 14, 1909, in force 
July 1, 1909, be amended so as to read as follows : 

§ 1. That in all cities, villages, and incorporated towns having a 
population of not less than 9,000 and not more 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 violation 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: Provided, this provision shall not apply to cities that 
have not adopted civil service in the police department. 

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, hoivever, the sum so 
received shall in no case exceed one dollar ($1.00) : Provided, that this 
provision shall not apply to cities that have not adopted civil service in 
the police department. 

Ninth — Ten per cent of all revenues collected from licenses by such 
city^ village or incorporated town not heretofore mentioned in this bill. 



174 CITIES, TOWNS AND VILLAGES. 



Tenth — ^All moneys that may have been accumulated by such city, 
village or town in conformity with any previous legislation establishing 
a fund for the benefit of disabled or superanniiated policemen, and one- 
half of all the funds accumulated in any such city, village or town 
for the benefit of disabled or superannuated police or firemen by virtue 
of any previous legislation : Provided, however, there shall not be col- 
lected in any city, village or incorporated town in any year more than 
two thousand five hundred dollars ($2,500) and should it be neces- 
sary to reduce the collections as above provided, the reduction shall be 
made from the amount collected from dram-shop licenses. 

§ 2. That the title of said Act be amended to read as follows : 

An Act to provide for the 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 9,000 and not 
more than 50,000 inhabitants. 

Approved June 27, 1913. 



PENSION FUND' — POLICE IN CITIES OVER 50,000. 

§ 5 . Certificate of disability. 



§ 1 . Amends sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, 
Act of 1887. 

§ 1 . How fund created. 

§ 2. Board of trustees— how chosen — 
vacancies — rooms. 

§ 3. Who entitled to pension— limita- 
tion of amount — beneficiaries. 

§ 4. Retirement for physical disabil- 
ity — limitations of allowance — 
beneficiaries. 



§ 6. Death — injuries — insanity. 

§ 7 . Examination after retirement for 
disability — emergency service. 

§ 8. When pension allowance shall 
cease. 

§ 9. Meetings of board — officers— rec- 
ord of proceedings. 



§ 10 . Powers and authority of board, 
§ 2. Repeal. 
(Senate Bill No. 288. Appeoved June 13, 1913.) 

An Act io amend sections 1, 2, 3, If., 5, 6, 1 , 8, 9 and 10 of an Act 
entitled, "An Act to provide for setting apart, formation and dis- 
bursement of a police pension fund in cities, villages and incorporated 
towns," approved April 29, 1887, in force July 1, 1887, as amended 
by an Act approved April 24, 1899^ in force Jidy 1, 1899, as amended 
by an Act approved May 11, 1901, in force July 1, 1901, o4 
amended by an Act approved and in force May 16, 1903, as amended 
by an Act approved and in force April 19, 1907 , as amended by an 
Act approved June 10, 1911, in force July 1, 1911. 
Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 1, 2, 3, 4, 5, 6, 7, 8, 
9 and 10 of an Act entitled, "An Act to provide for the setting apart, 
formation and disbursement of a police pension fund in cities, villages 
and incorporated towns," approved April 29, 1887, in force July 1, 1887, 
as amended by an Act approved April 24, 1899, in force July 1, 1899, 
as amended by an Act approved May 11, 1901, in force July 1, 1901, 
as amended by an Act approved and in force May 16, 1903, as amended 



CITIES, TOWNS AND VILLAGES. 175 



by an Act approved and in force April 19", 1907, as amended by an Act 
approved June 10, 1911, in force July 1, 1911, be and the same are 
hereby amended to read as follows : 

§ 1. That in each city, village or incorporated town in the State 
having a population of 50,000 inhabitants or more, there shall be set 
apart the following moneys to constitute a police pension fund : 

First — Three-fourths of all moneys received for taxes or for licenses 
upon dogs. 

Second — Four per cent of all moneys received from licenses for the ' 
keeping of saloons and dramshops, including licenses to wholesale liquor 
dealers. 

Third — All moneys paid for special detail of policemen. 
Fourth — All moneys received from fines imposed upon policemen of 
such city, village or town, for violations of the rules and regulations of 
the police department. 

Fifth — The proceeds of all sales of unclaimed, lost or stolen property. 
Sixth — One-fourth of all moneys received from licenses granted to 
pawn brokers, second-hand dealers and junk stores. 

Seventh — All moneys received for fines for carrying concealed weapons. 
Eighth — One-half of all costs collected for violations of city ordi- 
nances. 

Ninth- — -All rewards given or paid to policemen, except such as shall 
be excepted by the chief officer of police. 

Tenth — One and one-half per cent per month which shall be paid by 
or deducted from the salary of each and every policeman of such city, 
village or town : Provided, no such person shall be compelled to pay 
more than three dollars a month from his salary. 

Eleventh — Three per cent of all revenue collected or received by such 
city, village or incorporated town from all licenses issued by sucli city, 
village or incorporated town, not mentioned in this Act : Provided, 
however, that the sum[s] so received from such three per cent shall in no 
case exceed the sums' of fifty thousand dollars per annum. 

§ 2. A board composed of five members to be chosen as hereinafter 
provided, shall be and constitute a board of trustees to provide for the 
disbursement of said fund and to designate the beneficiaries thereof as 
herein directed, which board shall be known as the board of trustees of 
the police pension fund of such city, village or town. Three members 
of said board shall be residents of the county in which such city, village 
or town is located and shall not hold during their term of membership 
on said board any appointive or elective political offices or positions. 
They shall be appointed by the mayor or the president of the board of 
trustees of such city, -village or town. One of said members shall serve 
for a period of one year, beginning on the second Tuesday in May, 
1903. One of said members shall serve for a period of two years begin- 
ning on the second Tuesday in May, 1903. The other members shall 
serve for a period of three years, beginning on the second Tuesday in 
Ma3^ 1903. The successors to any of the foregoing triTstees shall serve 



176 CITIES, TOWN'S AND VILLAGES. 



for a period of three years eacli^ or until such time as their successors 
are appointed and qualified. The two other persons who, with the mem- 
bers above designated, shall constituted [constitute] said board, shall 
be chosen, one from among the policemen, and one from the body of 
pensioners under this Act, of such city, village or town. The members 
to be chosen from among the policemen shall be elected by ballot at an 
annual election, at which election all policemen shall be entitled to vote. 
The members to be chosen from the body of pensioners under this Act 
shall be elected by ballot at an annual election, at which election all 
retired policemen, who are pensioners under this Act, and the widows 
of all deceased pensioners, who are pensioners under this Act, shall be 
entitled to vote. In the event that there shall be no widow surviving, 
then the guardian of any children of such deceased pensioner, where 
such children are also pensioners, may cast the vote to which such widow 
would have been entitled had she survived. The election in this section 
provided for shall be ;held annually on the third Monday of April, at 
such place or places in such city, village or town, and under such regu- 
lations as shall be prescribed by the said board : Provided, however, 
that no person entitled to vote under the provisions of this section shall 
cast more than one vote at any such election. In the event of the death, 
resignation or inability to act of any member of said board, elected under 
the provisions of this section, the successor of such member shall be 
elected at a special election, which shall be called by said board and shall 
be conducted in the same manner as are the annual elections hereunder. 
Suitable rooms for offices and meetings of such board shall be assigned 
by the mayor or president of the board of trustees of such city, village 
or town. 

§ 3. Whenever any person shall have been or shall hereafter be 
appointed and sworn or designated by law either as a probationary or 
regular policeman, and shall have served for a period of twenty years or 
more in the police department of such city, village or towr of this State, 
subject to the provisions of this Act, or where the combined years of 
service of such person in the police department and fire department of 
such city, village or town, shall aggregate twenty years or more, said 
board shall order and direct that such person after his service in such 
police department shall have ceased, shall be paid a 3^early pension equal 
to one-half the amount of the salary attached to the rank which he may 
have held in said police department for one 5^ear immediately prior to 
the time of such retirement: Provided, however, the maximum of said 
pension shall not exceed the sura of nine hundred dollars, and the mini- 
mum be not less than six hundred dollars per annum; and after the 
death of such person pensioned by virtue of this section of the Act to 
which this is an amenclment, or any Acts amendatory thereof, the widow 
or child or children under sixteen years of age of any such pensioner who 
died prior to the taking effect of this amendment, shall hereafter be paid 
the pension herein provided for such husband or father; but nothing 
herein contained shall warrant the payment of any annuity to any such 
widow after she shall have remarried : A nd, provided, further, that all 



CITIES, TOWNS AND VILLAGES. 177 



policemen retired after twenty years' service in the police department 
(or where the combined years of service of such person in the police and 
fire departments shall aggregate twenty years or more) now receiving a 
pension, shall receive the same pension now allowed them, and that the 
widow or child or children under sixteen years of age of any deceased 
pensioner, pensioned as aforesaid, shall receive the same pension hereto- 
fore received by such deceased husband or father: Provided, that in no 
case shall said pension exceed the sum of nine hundred dollars per 
annum. 

§ 4. Whenever any policeman of any such city, village or town shall 
become physically disabled while in and in consequence of the perform- 
ance of police duty, said board shall, upon his written request, or without 
such request, if it deem it for the good of the department, retire such 
person from active service and order and direct that he be paid from said 
fund a yearly pension not exceeding one-half the amount of the salary 
attached to the rank which he may have held in said police department 
at the time of his retirement: Provided, that the maximum sum of 
such pension shall not exceed the sum of nine hundred dollars per year, 
and the minimum not less than six hundred dollars per year : Provided, 
further, that whenever such disability shall cease such pension shall 
cease, and such person shall thereupon be reinstated in the department 
in the rank held by him at the time of his retirement. On the death of 
any person so retired, the widow, child or children under the age of six- 
teen years of such deceased pensioner shall be paid the same pension 
herein provided for such retired husband or father : But nothing herein 
contained shall warrant the payment of any annuity to any such widow 
after she shall have remarried. 

§ 5. Ko person shall be retired, as provided in the next preceding 
section, or receive any benefit from said fund, unless there shall be filed 
with said board, certificates of his disability, which certificates shall be 
subscribed and sworn to by the city, village or town physician (if there 
be one) and one practicing physician of such city, village or town, and 
such board may require other evidence of disability before ordering 
such retirement and payment, as aforesaid. 

§ 6. Whenever any policeman of such city, village or town shall lose 
his life while in the performance of police duty, or receive injuries from 
which he shall thereafter die, leaving a widow, or child, or children imder 
the age of sixteen 3^ears, then upon satisfactory proof of such facts made 
to it, such board shall order and direct that a yearly pension of one-half 
of the salary received by such policeman, not to exceed nine hundred dol- 
lars, and a minimum of not less than six hundred dollars per year, shall 
be paid to such widow during her life, or if no widow, then to such 
child or children until they shall be sixteen years of age : Provided, if 
such widow, child or children shall marry, then such person so marrying 
shall thereafter receive no further pension from such fund: And, pro- 
vided, further, that whenever any policeman of such city, village or town 

—12 L 



178 CITIES, TOWNS AND VILLAGES. 



has been retired after twenty years' service, or physically disabled, shall 
then marry, such wife or child or children of such marriage shall, after 
his death, receive no pension from said fund. 

Whenever any policeman shall die after ten j^ears' service and while 
still in the service of such city, village or town, as a policeman, leaving 
a widow or child or children under the age of sixteen years, then upon 
satisfactory j^i'oof of such facts made to it, said board shall order and 
direct that a pension of one-half the salary, not exceeding the sum of 
nine hundred dollars, shall be paid to such widow, or if there be no 
widow, then to such child or children until they shall be sixteen years 
of age, said pension to cease upon marriage, as provided above. 

Whenever any policeman shall, after ten years' service and while still 
in the service of such city, village or town, be legally adjudged insane 
and at such time shall have a wife or child or children under the age 
of sixteen years, said board shall order and direct that a pension of 
one-half the salary, not exceeding the sum of nine hundred dollars, shall 
be paid to such wife, or if there be no wife, then to such child or 
children, until they shall be sixteen years of age : Provided, however, 
that if at any time it be declared in the manner provided by, &y law that 
such person is restored to reason, then such pension shall cease, and such 
person shall, in the discretion of said board, be reinstated in the depart- 
ment in the rank held by him at the time he was legally adjudged to be 
insane: Provided, further, that such pension shall cease if such person 
shall leave or be taken outside of the State of Illinois. 

§ 7. Any person retired for disability under this Act may be sum- 
moned to appear before the board herein provided for, at any time there- 
after, and shall submit himself thereto for examination as .to his fit- 
ness for duty, and shall abide the decision and order of such board with 
reference thereto. And all policemen who may be retired under the 
provisions of this ' Act, except those who retire after twenty years' 
service, shall report to the chief of police of the city, village or town 
where so retired, on the second Tuesday of each and every month, unless 
excused in writing by the chief of police, and in cases of emergency may 
be assigned to,- and shall perform, such duty as such chief of police may 
direct, and such person shall have no claim against the city, village or 
town for payment for such duty so performed. 

§ 8. Whenever any person who shall have received any benefit from 
said fund shall be convicted of any felony or shall become an habitual 
drunkard or shall become a non-resident of the United States, or shall 
fail to report himself for examination as to fitness for duty, unless 
excused in writing by the board, or shall disobey the requirements of 
said board in respect to said examination, or shall fail to report to the 
chief of police as required by the preceding section, then such board shall 
order that such pension allowance as may have been granted to such 
person shall immediately cease and determine, and such person shall 
receive no further pension, allowance or benefit under this Act. 

§ 9. The board herein provided for shall hold quarterly meetings 
on the second Tuesday of July, October, January and April of each 



CITIES, TOWNS AND VILLAGES. 179 



year, and special meetings upon the call of the president of said board. 
On the second Tuesday of July of each year it shall select one of its 
members who shall act as the president of such board for the period of 
one year, or until such time as his successor is elected and qualified. 
Said board shall, on the same day, also, select anotlier of its members 
who shall act as the treasurer, and also secretary of said board for the 
period of one year or until such time as his successor is elected or 
qualified. Said board shall issue certificates signed by its president 
and secretary to the persons entitled thereto of the amount of money 
ordered paid to such persons from said fund by said board, which certi- 
ficates shall state for what purpose said payment is made. Said board 
shall keep a record of the proceedings of all its meetings, which record 
shall be a public record. Said board shall submit semi-annually to the 
board of trustees of such village or town or the common council of such 
city, a list of persons entitled to payments from the fund herein pro- 
vided, stating the amount of such payments, and for what granted, as 
ordered by such board, which list shall be signed and certified by the 
treasurer and president of such board, and attested by such treasurer 
under oath : Provided, that no resolution shall be passed or order made 
for the payment of money unless by affinnative vote of a majority of 
the members of said board. 

§ 10. In addition to the other powers herein granted, the following 
further powers and authority are hereby conferred 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 
assessed for the relief or pensioning of disabled, superannuated and 
retired policemen, their widows and minor children; the same to be 
placed by the treasurer of such board to the credit of such fund subject 
to the order of such board. 

Second — All rewards, moneys, gifts, fees or emoluments that may 
be paid or given for, or on account of extraordinarv' service by said 
police department or by any policemen, except when allowed to be re- 
tained by said policeman or given to endow a medal or other competitive 
reward, shall be paid into said pension fund. The said board may take 
by gift, grant, devise, or bequest, any moneys, real estate, personal 
property, right of property, or other valuable thing. 

Third — ^Said board shall have the power to draw such pension fund 
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 fimd, in interest bearing bonds of the 
United States, of the State of Illinois, or of any county of this State, 
or of any township or any municipal corporation of the State of Illi- 
nois, and all such securities shall be deposited with the treasurer of said 
board and shall be subject to the order of said board; said treasurer of 
said board shall furnish a good and sufficient bond to said board in 
an amount to be fixed by said board, all costs, incidental to same, to be 
paid out of said pension fund. 



180 



CITIES, TOWNS AND VILLAGES. 



Fourth — 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 
masters in chancery, and its president, or any member of said board, 
may administer oaths to such witnesses. 

Fifth — To appoint a clerk and define his duties. 

Sixth — To provide for the payment from said funds of all its neces- 
sary expenses, including clerk hire, printing and witness fees: Pro- 
vided, that no compensation or emolument shall be paid to any member 
of said board for any duty required or performed under this Act : And, 
provided, further, that the interest on said fund or any portion thereof 
shall be credited thereto and no portion thereof shall be retained by the 
treasurer of said board. 

Seventh — To make all necessary rules and regulations for its guid- 
ance, in conformity with the provisions of this Act. 

§ 2. All Acts or parts of Acts or amendments thereof heretofore 
enacted, and in any manner conflicting with the provisions of this Act, 
are hereby expressly repealed. 

Approved June 13, 1913. 



PLEASURE DRIVEWAYS OUTSIDE CORPORATE LIMITS. 



§ 1 . Amends section 1, Act of : 



§ 1 . As amended, provides for establish- 
ment and maintenance of drive- 
ways outside corporate limits — 
acquisition of land — eminent do- 
main. 



(House Bill No. 761. Approved June 28, 1913.) 

An Act to amend section 1 of an Act entitled, "An Act t)0' provide for 

pleasure driveways in incorporated cities, villages and towns/' approved 

March £7, 1889. 

Be it enacted hy the People of the State of Illinois, represented in the 
General Assembly: That section one (1) of an Act entitled, "An Act 
to provide for pleasure driveways in incorporated cities, villages and 
towns," approved March 27, 1889, be and the same is hereby amended 
so as to read as follows : 

§ 1. That the city council in cities, the president and the board of 
trustees in villages, or the board of trustees in incorporated towns, 
whether incorporated under the general law, or special charter, shall 
have the power to designate by ordinance the whole or any part of not 
to exceed two streets, roads, avenues, boulevards or highways, under 
their jurisdiction, as a public driveway, to be used for pleasure driving 
only, and to improve and maintain the same, and also to lay out, estab- 
lish, open, alter, widen, extend, grade, pave or otherwise improve and 
maintain not more than two roads, streets, or avenues, and designate 
the same as pleasure driveways to be used for pleasure driving only: 
Promded, said powers shall only be exercised when the corporate author- 
ities are petitioned thereto by the owners of more than two-thirds of the 



CITIES, TOWNS AND VILLAGES. 



181 



frontage of land fronting upon said proposed pleasure driveway. And 
the city council in cities, the president and the board of trustees in 
villages, or the board of trustees in incorporated towns, whether incor- 
porated under the general law, or special charter, shall have the power 
to lay out, establish, open, alter, widen, extend, grade, pave or otherwise 
improve and maintain a driveway or driveways from the corporate 
limits of any incorporated city, village or town to any park or parks 
owned by said city, village or town outside its corporate limits, the cost 
of which driveway or driveways may be paid out of any fund now in 
the treasury of such city, village or town, acquired under authority of 
law for park purposes, or out of any fund hereafter acquired under 
authority of law for park purposes, and for that purpose may acquire the 
land necessary therefor by purchase, devise or gift, or in case the same 
cannot be so acquired, may acquire the same by condemnation in the 
manner provided by the Act entitled, "An Act to provide for the exer- 
cise of the right of eminent domain," approved April 10, 1872, as 
amended by subsequent Acts. 
Approved June 28, 1913. 



STREETS THROUGH PARKS — POWER TO EXTEND. 



1 . Power to extend street s through park within 
city — needs determined by park commis- 
sioners. 



§ 2. Grade at crossing of other roadways^ — con- 
sent of park commissioners. 



(House Bill No. 2,86. Approved June 27, 1913.) 

An Act to' autliorize cities to open streets through paries. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That where any park is located 
wholly within any city, the city council of such city shall have power 
by ordinance to extend streets through such park as the needs of the 
public shall demand. Such needs to be determined by the park com- 
missioners having control thereof. 

§ 2. If such street is to be used only for boulevard purposes, it may 
be extended through such park at the grade of other roadways to be 
crossed by such street so to be extended within such park in the dis- 
cretion of the park commissioners having control thereof; but if such 
street is to be used for general traffic purposes, it shall be depressed be- 
low the street level within such park, as the park commissioners, having 
control thereof, shall direct; and the cost of the construction and main- 
tenance of such depression shall be borne by the said city: Provided, 
no such street or streets shall be extended through any park or parks in 
any city without the consent and express direction of the park commis- 
sioners having control of such park or parks. 

Approved June 27, 1913. 



183 CITIES, TOWNS AND \aLLAGES. 



TUBEECULOSIS SANITARIUMS, PUBLIC AUXILIARY INSTITUTIONS, ETC. 

§ 7. As amended, provides for consent 
in writing of persons entering 
and extension of benefits into 
homes of persons afflicted. 

§ 9. Rules and regtilations— extension. 



§ 1 . Amends sections 1, 6, 7 and 9, Act of 1908. 

§ 1 . As amended, includes branches, dis- 
pensaries and auxiliary institu- 
tions—tax levy not included in 
limitation of three per cent, etc. 

§ 6. As amended, adds branches, dis- 
pensaries and auxiliary institu- 
tions, etc. 

(Senate Bill No. 515. Approved June 27, 1913.) 

An Act to amend sections 1, 6, 7 and 9 of an Act entitled, "An Act to 
enable cities and villages to establish and maintain pnblic tuberculosis 
sanitarimns," approfved March 7, 1908, in force July 1, 1908; as 
amended ly an Act approved March 12, 1909, in force March 12, 
1909. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 1, 6, 7 and 9 of an 
Act entitled, "An Act to enable cities and villages to establish and main- 
tain public tuberculosis sanitariums," approved March 7, 1908, in force 
July 1, 1908, as amended by an Act approved March. 12, 1909, in force 
March 12, 1909, be amended to read as follows: 

§ 1. That the city council of cities and boards of trustees in villages 
of this State shall have the power, in the manner hereinafter provided, 
to establish and maintain a public sanitarium and branches, dispensaries 
and other auxiliary institutions connected with same within or without 
the limits of such cities and villages, for the use and benefit of the in- 
habitants of such city or village for the treatment and care of persons 
afflicted with tuberculosis, and shall have the power to levy a tax not to 
exceed 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 or village and to be known as the 
"Tuberculosis Sanitarium Fund," which said tax shall be in addition to 
all other taxes which such city or village is now or hereafter may be 
authorized to levy upon the aggregate valuation of all property within 
such city or village, and the county clerk, in reducing tax levies under 
the provisions of section two (2) of an Act, entitled "An Act to amend 
section two (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," 
approved June 14, 1909, in force July 1, 1909, shall not consider the tax 
for said tuberculosis sanitarium fund authorized by this Act as a part of 
the general tax levy for the city or village purposes, and shall not include 
the same in the limitation of three (3) per cent of the assessed valuation 
upon which taxes are required to be extended. 

§ 6. Said directors shall, immediately after appointment, meet and 
organize by the election of one of their number president and one as 
secretary and by the election of such other officers as they may deem 
necessarjr. They shall make and adopt such by-laws, rules and regula- 



CITIES, TOWNS AND VILLAGES. 183 



tions for their own guidance and i'or tlie government of the sanitarium 
and the branches, dispensaries and auxiliary institutions and activities 
connected therewith as may be expedient, not inconsistent with this Act 
and the ordinances of such city or village. They shall have the exclusive 
control of the expenditure of all moneys collected to the credit of the 
tuberculosis sanitarium fund and of the construction of any sanitarium 
building or other buildings necessary for its branches, dispensaries and 
other auxiliary institutions and activities in connection with said insti- 
tution, and of the supervision, care and custody of the grounds, rooms 
or buildings constructed, leased or set apart for that purpose : Provided, 
that all moneys received for such sanitarium shall be deposited in the 
treasury of said village or city to the credit of the tuberculosis sani- 
tarium fund, and shall not be used for any other purpose and shall be 
drawn upon by the proper officers of said city or village upon the 
properly authenticated vouchers of the sanitarium board. Said board 
shall have the power to purchase or lease ground within or without the 
limits of such city or village, and to occupy, lease or erect an apropriate 
building or buildings for the use of said sanitarium, branches, dispen- 
saries and other auxiliary institutions and activities connected therewith, 
by and with the approval of the city council or board of trustees as the 
case may be; and shall have the power to appoint suitable superinten- 
dents or matrons or both and all necessary assistants and fix their com- 
pensation, and shall also have the power to remove such appointees, and 
shall in general carry out the spirit and intent of this Act in establish- 
ing and maintaining a public sanitarium, and one or all of said directors 
shall visit and examine said sanitarium at least twice in each month and 
make monthly reports of its condition to the city council or board of 
trustees, as the case may be. 

§ 7. Every sanitarium established under this Act shall be free for 
the benefit of the inhabitants of such city or village who may be 
afflicted with tuberculosis, and they shall be entitled to occupancy, nurs- 
ing, care, medicines and attendance according to the rules and regula- 
tions prescribed by said board. Such sanitarium shall always be subject 
to such reasonable rules and regulations as said board may adopt in 
order to render the use of said sanitarium of the greatest benefit to the 
greatest number, and said board may exclude from the use of said sani- 
tarium any and all inhabitants and persons who shall wilfully violate 
such rules or regulations: Provided, lioicever. that no person so afflicted 
shall be compelled to enter such sanitarium or any of its branches, 
dispensaries or other auxiliary institutions without his consent in writing 
first having been obtained, or in case of a minor or one under a dis- 
ability the consent in writing of the parents, guardian or conservator, as 
the case may be. 

Said board shall, upon request or by consent of the party afflicted or 
the legal guardian, conservator or parents thereof, have the power to 
extend the benefits and privileges of such institution, iinder proper rules 
and regulations, into the homes of persons afflicted with tuberculosis and 
to furnish nurses, instruction, medicines, attendance and all other aid 



184 CITIES, TOWNS AND VILLAGES. 



necessary to effect a cure, and to do all things in and about the treatment 
and care of persons so afflicted which will have a tendency to effect a cure 
of the person or persons afflicted therewith and to stamp out tuberculosis 
in such city or village. 

And saicl board may extend the privileges and use of such sanitarium 
and treatment to persons residing outside of such city or village in this 
State so afflicted, upon such terms and conditions as said board may 
from time to time by its rules and regulations prescribe. 

§ 9. When such sanitarium is established, the physicians, nurses, 
attendants, the persons sick therein and all persons approaching or 
coming within the limits of the same or grounds thereof, and all furni- 
ture and other articles used or brought there, shall be subject to such 
rules and regulations as said board may prescribe; and such rules and 
regulations shall extend to all branches, dispensaries and other auxiliary 
institutions located within or without such city or village and to all 
employees in same and to all employees sent to the homes of the afflicted 
as herein provided for. 

Approved June 27, 1913. 



VEHICLES IN MUNICIPALITIES UNDER SPECIAL LAV^^S. 

§ 1 . Power to license and control — width of tire — I § 2 . Power to adopt rules and regulations with 
separate fund— exception of certain motor fines and penalties — proviso, 

vetiicles— tax limit— proviso. | 

(House Bill No. 77. Approved Jxine 28, 1913.) 

An Act to enable cities, towns and villages organized under any special 
law to regulate, license and control ivagons and other vehicles. 
Section 1. Be it enacted Tjy the People of the State of Illinois, rep- 
resented in t'he General Assembly: That any city, village, or incorpo- 
rated town of this State, incorporated under any special law of this 
State, is hereby authorized and empowered, by ordinance, to direct, 
license and control all wagons and other vehicles conveying loads within 
the city or village, or any particular class of such wagons and other 
vehicles, and prescribe the width and tire of the same, the license fee 
when collected to be kept as a separate fund and used only for paying 
the cost and expense of street or alley improvement or repair : Pro- 
vided, that no owner of a motor vehicle, except motor trucks and motor 
driven commercial vehicles, or motor bicycle, who shall have obtained a 
certificate from the Secretary of State and paid the registration fees as 
hereinbefore provided, shall be required to pay any tax for vehicles 
carrying loads or any other tax upon the use of any such motor vehicle 
or motor bicycle in excess of the sum of $10.00 per annum for motor 
vehicles of thirty-five horse power or less used for the transportation of 
persons, or more than twenty dollars ($20.00) per annum for motor 
vehicles of more than thirty-five (35) horse power used for the trans- 
portation of persons : And, provided, further, that no person shall be 
required to pay any such vehicle license tax by any municipality in this 



CITIES, TOWNS AND VILLAGES — CIVIL SERVICE. 



185 



State, except the municipality in which he resides; and no firm or 
corporation shall be required to pay any such vehicle license tax in any 
municipality in this State except the one in which said firm or corpora- 
tion maintains and conducts its principal place of business in this State. 

§ 2. Any such city or village shall have power, by ordinance, to 
provide such rules, and make such regulations as are proper or neces- 
sary to carry into effect the powers granted by this Act, with such 
fines or penalties as the city council or board of trustees shall deem 
proper: Provided, no fine or penalty shall exceed $200.00 and no im- 
prisonment shall exceed six months for one offense. 

Approved June 28, 1913. 



CIVIL SEEVICE. 



PARK SYSTEMS — SUPERINTENDENT OF EMPLOYMENT. 



§ 1. Amends section 2, Act of 1911. • §2. As amended, provides superintend- 

ent of employment shall devote 
Ms exclusive time and attention 
to duties of office, etc. 

(Senate Bill No. 359. Approved June 27, 1913.) 

An Act to amend section 2 of an Act entitled, "An Act relating to the 

civil service in park systems," approved June 10, 1911, in force 

July 1, 1911. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That section 2 of an Act entitled, "An 
Act relating to the civil service in park systems,'^ approved June 10, 
1911, in force July 1, 1911, be and the same is hereby amended to read 
as follows : 

§ 2. In any park district to which this Act is or shall become appli- 
cable, there is hereby created and established a civil service board, here- 
inafter called the board, to consist of three persons to be selected in the 
manner following: 

The governing authority or body of such park district, hereafter called 
the park commissioners, shall within thirty days after this Act becomes 
applicable, and thereafter whenever a vacancy occurs, appoint a super- 
intendent of emplojanent, for a term of six years from the date of his 
appointment and until his successor is duly appointed and qualified, 
which said superintendent of employment shall be under the direction 
and supervision of the said park commissioners, and two park commis- 
sioners or members of such governing authority, each for a term of two 
years from the date of his appointment and until his successor is duly 
appointed and qualified, who shall constitute and be known as the civil 
service board of such park district. The superintendent of employment 
shall be paid a salary of not less than three thousand dollars a year, and 
shall devote his entire and exclusive time and attention to the duties 



186 CIVIL SERVICE. 



pertaining to the said office of superintendent and not engaged in any 
other employment. The park commissioners may fix the salary of each 
of the other members of the civil service board at such sum, not to exceed 
five hundred dollars a year, as they may deem proper. Two members of 
the board shall constitute a quorum. 

ISTo member of the civil service board shall be removed except for pal- 
pable incompetence, or malfeasance in office upon written charges filed 
by or at the direction of the park commissioners and heard before the 
board of hearings herein provided for. The persons who are the county 
judge in and for the county in which said park district is situated and 
the two judges of the circuit court of such county who have longest held 
judicial office, shall constitute the board of hearings : Pro'videcl, that 
whenever more than two circuit judges shall be eligible as having held 
judicial office for the same length of time, the choice of circuit judges 
shall be made from them by lot. In case there is but one circuit court in 
the circuit including or embracing said county, then said circuit judge and 
said county judge shall select the third member of said board of hearings 
from among the circuit judges in contiguous circuits : Provided, however, 
that in the event of charges being filed against the superintendent of 
employment, such charges shall be heard, tried and determined by the 
park commissioners. 

The board of hearings shall hear and determine the charges and its 
findings shall be final and if such charges shall be sustained, the member 
of the civil service board so charged shall be forthwith removed from office 
by said board of hearings and the park commissioners shall thereupon 
proceed within thirty days to fill the vacancy created by such removal. 
In any proceeding provided for in this section, the board of hearings, and 
each member thereof, shall have power to administer oaths and to compel 
by subpoena the attendance and testimony of witnesses and the produc- 
tion of books and papers. 

Approved June 27, 1913. 



STATE COMMISSIOK SALARIES AND EXPENSES. 

§ 1. Amends section IS, Act of 1905. I § 18. As amended, provides for salaries 

I of president and chief examiner. 

(Senate Bill No. 361. Approved June 26, 1913.) 

An Act to amend section 18 of "An Act to regulaie the civil service of 
the State of Illinois," approved May 11, 1905, in force July 1, 1905: 
as amended hy aw Act approved April 19, 1907, in force July 1, 
1907 ; as amended hy an Act approved May 25, 1907, in force July 
1, 1907; as amended hy an Act appi'oved Jume 10, 1911. in force 
July 1, 1911. 

Section 1. Be it enacted hy the People of the Stale of Illinois, rep^ 
resented in the General Assemhly : That section 18 of an Act entitled, 
"An Act to regulate the civil service of the State of Illinois," approved 
May 11, 1905, in force July 1, 1905; as amended by an Act approved 



CIVIL SERVICE — CONVEYANCES. 



187 



April 19, 1907, in force July 1, 1907; as amended by an Act approved 
May 25, 1907, in force July 1, 1907 ; as amended by an Act approved 
June 10, 1911, in force July 1, 1911, be and the same is hereby amended 
so as to read as follows, namely: 

§ 18. Salaries and expenses.] Each of said commissioners shall 
receive a salary of three thousand dollars a year and the commissioners 
selected as president shall while serving as such president receive 
a salary of one thousand dollars a year in addition to his salary as 
commissioner and the chief examiner shall receive a salary of not less 
than $3,500.00 nor more than $4,000.00, and said commissioners shall 
be paid their necessary traveling expenses. Any person not at the time 
in the official service of the State, serving as a member of the board of 
examiners, or of a trial board, shall receive compensation for every day 
actually and necessarily spent in the discharge of his duty as an examiner 
or a member of the trial board, at the rate of not exceeding five dollars 
per day and necessary traveling expenses. Said commission may also 
incur necessary expenses for clerk hire, stationery, printing and other 
incidental expenses, and the said salaries and expenses shall be allowed 
and paid in the same manner as the salary and expenses of the Governor's 
office. 

Approved June 26, 1913. 



CONVEYANCES. 



LAND TITLES — ACT OF 18.97 AMENDED. 



§ 1 . Amends sections 12, 18, 19, 20 and 40, and 
adds section 108a, Act of 1897. 

§ 12. As amended, lands having sub- 
stantially same title may be 
included In one application. 

§ 18 . As amended, provides what shall 
be sufficient proof of issuance 
of original abstract or certified 
copies of same— proved copies 
admissible as evidence. 



§ 19. As amended, provides when sum- 
mons shall be served or default 
taken thereon. 

§ 20. As amended, provides when de- 
fault may be taken on publica- 
tion. 

§ 40. Rights of registered o'vsTier — ex- 
ceptions. 

§ 108a . Rules of proof herein followed in 
pending cases. 



(Senate Bill No. 413. Approved June 26, 1913.) 

An Act to amend sections 12, 18, 19, 20 and JfO of an Act entitled, "A71 
Act concerning land titles," approved and in force May 1, 1897, as 
amended hy Act approved May 2J^, 1907, in force July 1, 1907, and 
to further amend said Act, as amended, hy adding thereto one addi- 
tional section to he known as section 108a. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assemhly: That sections 12, 18, 19, 20 and -40 
of an Act entitled, "An Act concerning land titles," approved and in 
force May 1, 1897; as amended by Act approved May 2-1, 1907, in force 



188 CONVEYANCES. 



July 1, 1907, be amended and that said Act as amended be further 
amended by adding thereto one additional section to be known as section 
108a, which said sections as hereby amended and said additional section 
shall read as follows : 

§ 12. Any number of contiguous pieces of land in the same county, 
and owned by the same person and in the same right, or any number 
of pieces of property in the same county having substantially the same 
chain of title, and belonging to the same person, may be included in 
one application. 

§ 18. Immediately upon the filing of the application, an order may 
be entered referring the same to one of the examiners of title appointed 
by the registrar, who shall proceed to examine into the title and into 
the truth of the matter set forth in the application, and particularly 
whether the land is occupied, the nature of the occupation, if occupied, 
and by what right, and make report in writing to the court, of the 
substance of the proof and his conclusions therefrom. He shall have 
power to administer oaths and examine witnesses, and may, at any time, 
apply to the court for directions in any matter concerning his investiga- 
tion. The examiner may receive in evidence any abstract of title or 
certified copy thereof issued in the ordinary course of business by makers 
of abstracts; but the same shall not be held as more than prima facie 
evidence of title, and any part or parts thereof may be controverted by 
other competent proofs. It shall be sufficient proof that any original 
abstract of title was made or issued in the ordinary course of business 
by makers of abstracts, to show that the signature attached to the 
abstract is the genuine signature of the person, firm or corporation pur- 
porting to make or issue the same, appended either in person or by the 
hand of any person or official accustomed to attach such signature in 
the ordinary course of business, and that such maker was known or 
generally reputed to have been in the business of making abstracts of 
title for hire, at the date shown upon the abstract, or the actual date 
of the issuance thereof. Certified copies may also be proven in the 
manner aforesaid; and the certificate or signed statement of the maker 
of such copy of any purported original abstract, or of any copy, therein 
contained and a part thereof, that the same is a true copy of the original 
abstracts or examinations of title or copies thereof purporting to be 
included therein, shall be sufficient evidence prima facie of the correct- 
ness of such copies; and said copies, when so proven and certified as 
aforesaid, shall be admissible in evidence, and shall have the same force 
and effect as evidence as the original abstracts or examinations of title. 
The examiner of titles shall not be required to report to the court the 
evidence submitted to him, except upon the request of some party to 
the proceeding, or by the direction of the court. No report shall be 
made upon such application, until after the expiration of the time 
specified in the notice hereinafter provided for the appearance of the 
defendants, and in case of such appearance, until opportunity is given 
to such defendants to contest the rights of the applicant in such manner 
as shall be allowed by the court. 



CONVEYANCES. 189 



§ 19. The clerk shall also, immediately upon the filing of such peti- 
tion, issue a summons against all persons mentioned in the petition as 
defendants. The summons shall state the date of the filing of the appli- 
cation, and shall be made returnable at such time as shall be directed 
by endorsement thereon, not less than ten days after the filing of such 
petition. The summons may be served as in other cases in chancery, 
and shall be served at least ten days prior to the return day mentioned 
therein. In case the same is served less than ten days prior to the 
return day, default may be taken thereon on the first day of the next 
ensuing term of the court, or at any time thereafter : Provided, such 
date is at least ten -days from the date of service as aforesaid ; if not, 
then at the next term thereafter. 

§ 20. The clerk shall also, immediately upon the filing of such 
^application, cause notice of the filing thereof to be published ojice in 
each week for four consecutive weeks in some newspaper published in the 
county, or if there is no newspaper published in the county, then in a 
newspaper published in one of the counties nearest thereto. The notice 
may be substantially as follows: 

REGISTRATIO:^ OF LAND TITLE. 

In the matter of the applicatioji of to register 

the title to (here insert description of land as in the application, and in 
case any person is named as defendant, the name of such persons 
defendant). 

To ALL V^^HOM IT MAY CONCERN : 

TAKE NOTICE, That on the day of , 

A. D , an application was filed by said in the 

court of county, for initial registration 

of the title to the land above described. Now, unless you appear o.n or 

before the day of , A. D (the 

time shall not be less than thirty days after the first publication) and 
show cause why such application shall not be granted, the same will be 
taken as confessed, and a decree will be entered according to the prayer 
of the application and you will be forever barred from disputing the 
same. 

Default may be taken on such publication on the day succeeding the 
return day named therein, or at any time thereafter. 

§ 40. The registered owner of any estate or interest in land brought 
under this Act shall, except in cases of fraud to which he is a party, or 
of the person :hrough whom he claims without valuable consideration 
paid in good faith, hold the same subject only to such estate, moxtgages, 
liens, charges and interests as may be noted in the last certificate of title 
in the registrar's office and free from all others except : 

(1) Any subsisting lease or agreement for a lease for a period not 
exceeding five years, where there is actual occupation of the land under 
the lease. The term lease shall include a verbal letting. 



190 CONVBTAISrOES — ^CORPORATIONS. 



(2) General taxes, for the current or fiscal year in which certificate 
is issued, and special taxes or assessments which have no.t been confirmed. 

(3) Such right of appeal, Avrit of error, right to appear and contest 
the application, and action to make counterclaim as is allowed by this 
Act. 

§ 108a. This Act shall apply to, and the rules of proofs herein set 
forth shall be followed in, all pending cases, and in any pending case in 
which the proofs have been made at the time this Act goes into, effect, 
the evidence shall be held sufficient to prove the making of an abstract 
of title or a certificate copy thereof, in the ordinary course of business 
by makers of abstracts, if the foregoing requirements have been com- 
plied with. 

Approved June 26, 1913. 



COEPOEATIONS. 



NOT FOR PECUNIARY PROFIT — TRUSTEES UNDER SPECIAL CHARTERS. 



§ 2. As amendedj authorizes election of 
trustees without consent of relig- 
ious denomiaation if right of con- 
sent is waived. 



§ 1 . Amends sections 1 and 2, Act of 1901. 

[§ 1.] As amended; authorizes election of 
trustees without consent of relig- 
ious denomination if right of con- 
sent is waived. 

(Senate Bill No. 474. Approved June 26, 1913.) 

An Act to amend sections 1 and 2 of an Act entitled, "An Act in rela- 
tion to corporations organized^ under special charters not for pecuniary 
profit'' approved April J/., 1901, in force from and after its passage. 
Section 1. Be it enacted iy the People of the State of Illinois, rep- 
resented in the General AssemMy: That sections 1 and 2 of an Act 
entitled, "An Act in relation to corporations organized under special 
charters not for pecuniary profit," approved April 4, 1901, in force from 
and after its passage, be amended so as to read as follows : 

[§ 1.] That all corporations, associations and societies organized 
under or created by any special Act of the Legislature not for pecuniary 
profit, are hereby vested with power to create boards of trustees, directors 
or managers, and to elect and appoint members thereof, either from their 
own membership or otherwise, in such manner, at such times and for 
such periods as may be provided by the by-laws of such corporations, 
associations or societies. 

Also that where the charter of any such corporation requires that the 
election of trustees shall have the consent, approval and ratification of 
the religious denomination as specified therein^ and such denomination 
shall have waived and relinquished such power of consent, approval and 
ratification of such election by the representatives mentioned in charter, 
then said corporation may elect said trustees without such consent, 



CORPORAttONS. 



191 



approval and ratification of said religious denomination; and said board 
of trustees, directors or managers shall have such powers and perform 
such duties as may be prescribed by the by-laws of such corporation, 
association or societies: Provided, that whenever any such trustees, 
directors or managers shall be elected or appointed, a certificate under 
the seal of the corporation, association or society, giving the names of 
such trustees, directors or managers, so appointed or elected, and the 
term of their office, shall be filed for record in the office of the recorder 
of deeds in the county or counties where the business of said corporation 
may be carried on, by such board of trustees, directors or managers. 

§ 2. That hereafter whenever any corporation not for pecuniary 
profit, existing by virtue of any special law of this State, shall desire to 
avail itself of the right to change its name, to change its place of busi- 
ness, to enlarge or change the object for which it was formed or to in- 
crease or decrease the number of its directors, managers, or trustees, as 
now authorized or may hereafter be authorized by general law, or to elect 
its trustees without the approval or ratification of the religious denomin- 
ation specified in its charter, where the representatives of such religious 
denomination shall have Avaived and relinquished such right of consent, 
approval or ratification to the election of its trustees, such change shall 
not operate as a waiver, release or forfeiture of any of the powers, rights 
or privileges of such corporation granted to or secured by, under and by 
virtue of such special Act, and all Acts or parts of Acts in conflict here- 
with, are hereby repealed. 

Approved June 26, 1913. 



RELIGIOUS SOCIETIES ORGANIZATION. 



1. Amends "General Incorporation Act of 
1872" by adding sections 46a to 46k, in- 
clusive. 

§ 46a . To what societies Act applies— 
who to act as trustees. 

§ 46b. Form of affidavit to be filed with 
recorder of deeds. 

§ 46c . Successor to presiding officer or 
any other trustee. 

§ 46d . Removal of trustee. 



§ 46e. 



Perpetual succession — power of 
trustees. 



§ 46f. Acquisition and use of land by 
trustees — limitation. 

§ 46g. Appointment of trustees — affi- 
davit and duplicate copy to 
be recorded. 

§ 46h. Definitions. 

§ 46i. Former organizations may in- 
corporate. 

§ 46j Acquisition and use of land- 
limitation. 

§ 46k . Construction of Act. 



(House Bill No. 335. Appkoved June 19, 1913.) 

An Act to amend an Act entitled, "An Act concerning corporations," 
approved April IS, 187^, in force July 1, 1872; as amended by Acts 
amendatory thereof, ty adding thereto eleven sections to be numbered 
and Icnown as section J/.6a; section Jf6b, section Jf6c, section Jf-6d, section 
Jfde, section Jf6f, section Jf6g, section Jf6h, section Jf6i, section J^Gj, and 
section Ji-6k, respectively. 

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 con- 



192 COKPOEATIONS. 



cerning corporations/' approved April 18, 1872, in force July 1, 1872, 
as amended b}^ Acts amendatory thereof, be and the same is hereby 
amended by adding thereto the following sections, to be numbered and 
known as section 46a, section 46b, section 46c, section 46d, section 46e, 
section 46f, section 46g, section 46h, section 46i, section 46j, and section 
46k, respectively, which said additional sections shall read as follows: 

§ 46a. It shall be lawful for any congregation, church, or society, 
now or hereafter existing in the State, of Illinois, and which is under the 
patronage, control, direction or supervision of any ecclesiastical body, 
diocesan, or like ecclesiastical officer, agreeably to the laAvs thereof, to be- 
come incorporated according to sections 46a to 46h, inclusive, of this 
Act. Such ecclesiastical body, diocesan, or like ecclesiastical officer may 
nominate and appoint, according to the usages, customs, rules, regula- 
tions, articles of association, constitution, by-laws or canons of any eccle- 
siastical body, diocesan or like ecclesiastical officer, or sect, or denomina- 
tion, two or more of the members of such sect, or denomination, residing 
within any ecclesiastical district, or diocese, to act with the presiding 
officer, or authorized representative of any ecclesiastical body, or with 
the diocesan, or like ecclesiastical officer, having jurisdiction, agreeably 
to the laws of any sect, or denomination, over such ecclesiastical district, 
or diocese, in managing the temporal affairs of such congregation, church 
or society. The presiding officer, or authorized representative of any 
ecclesiastical body, or the diocesan, or like ecclesiastical officer having 
jurisdiction as aforesaid, shall, by virtue of his office, be a trustee of any 
congregation, church, or society which shall hereafter be incorporated 
under sections 46a to 46h, inclusive, of this Act, and which shall be under 
the patronage, control, direction, or supervision of any ecclesiastical body, 
diocesan, or like ecclesiastical officer aforesaid. 

§ 46b. The presiding officer, or duly authorized representative of any 
ecclesiastical body, or diocesan, or like ecclesiastical officer having juris- 
diction agreeably to the laws of any sect or denomination over such eccle- 
siastical district or diocese, shall, as soon as may be after such appoint- 
ment, make and file in the office of the recorder of deeds in the county 
in which such congregation, church, or society is organized, an affidavit 
(which shall be recorded by such recorder,) substantially in the follow- 
ing form : 

State of Illinois, | 
County of \ ^^■ 

I, , do solemnly swear (or affirm, as the case 

may be,) that the following persons (here insert their names) were 
appointed trustees (or wardens, vestrymen, or officers, by whatever name 
is adopted, with powers and duties similar with trustees) of (here insert 
the name of the congregation, church, societ}^, or corporation) according 
to the usages or customs (rule, regulations, articles of association, con- 
stitution, by-laws, or canons, as the case may be) by the (synod, presb}^- 
tery, conference, convention, council, episcopate, or like ecclesiastical 
body, or diocesan, or like ecclesiastical officer, as the case may be,) of 
(here insert the name of the congregation, church, society, sect, or de- 



CORPORATIONS. 193 



nomination, liaving charge or control over such congregation, church, 
society or corporation) under and by virtue of sections 46a, 4Gb, 46c, 
46d, 46e, 46f, 46g, and 46h, of chapter 33, being, an Act entitled, "An 
Act concerning corporations," approved April 18, 1872, in force July 1, 
1872, and said (church, society or congregation, or trustees) adopted as 
the corporate name (here insert name). 



(Name of ajfiani and title if any.) 

Subscribed and sworn to before me this day of 

A. D. 19 

Such affidavit, or copy thereof, duly certified by the recorder, shall be 
received as evidence of the due incorporation of such congregation, 
church 'or society. 

§ 46c. The successor of the presiding officer of any ecclesiastical 
body, or of the diocesan, or like ecclesiastical officer, shall, by virtue of 
his office, be for the time being a trustee of such corporation in place of 
his predecessor, and when the office of any other trustee becomes vacant, 
his successor shall be appointed in the manner provided for in the orig- 
inal selection. The number, term of office, and the qualifications of the 
trustees of any such corporation, may be determined by the usages, 
customs, rules, regulations, articles of association, constitution, by-laws 
or canons of the ecclesiastical body, or diocesan, or like ecclesiastical 
officer. No certificate of appointment, after the first, need be filed for 
record. 

§ 46d. A trustee may be removed from office whenever his office shall 
be declared vacant for failure to act, or for immoral conduct, or for an 
abandonment of the faith of the congregation, church, society, sect, or 
denomination, or for failure to observe the usages, customs, rules, regu- 
lations, articles of association, constitution, by-laws or canons of the con- 
gregation, church or society, or of the ecclesiastical body, or diocesan, or 
like ecclesiastical officer, having jurisdiction over any ecclesiastical dis- 
trict or diocese. 

§ 46e. The trustees of every such congregation, church, or society, 
under the patronage, control, direction, or supervision of any ecclesiasti- 
cal body, or diocesan, or like ecclesiastical officer, after the same has be- 
come incorporated under sections 46a to 46h, inclusive, of this Act, and 
their successors, shall have perpetual succession with power to adopt a 
common seal, which may be altered and changed at pleasure, contract, 
and be contracted with, sue and be sued, plead and be impleaded, by the 
corporate name of such congregation, in all courts, whatever ; to receive, 
hold, dispose of, mortgage, and convey any kind of property; to make 
and adopt by-laws for their government, not inconsistent with sections 
46a to 46h, inclusive, of this Act, or with the rules and regulations of 
the sect or denomination having the charge or patronage of said cor- 
poration; and shall alone have power to make all contracts needful in 
the management of the temporal affairs of such congregation, church, 



-13 L 



194 COKPORATIONS. 



or society : Provided, that no conveyance, or mortgage shall be made to 
affect, or destroy the intent of any grant, devise, or donation, that may 
be made to any perspn, or trustee, for" the use of such congregation, 
church, or society, or for the use of any sect, or denomination: And, 
provid&d, further, that the trustees of any corporation, organized under 
sections 46a to 46h, inclusive, of this Act, which is, or may be, under the 
control, patronage, direction or supervision of any ecclesiastical body, 
diocesan, or like officer, shall hold and control the real and personal prop- 
erty of such corporation, and contract with reference thereto, according 
to the rules, regulations, constitution, articles of association, by-laws, or 
canons of such ecclesiastical body, diocesan, or like ecclesiastical officer. 

§ 46f. The trustees of any corporation that may be formed for 
religious purposes under sections 46a to 46h, inclusive, of this Act, may 
receive, in the name of such corporation, by gift, devise or purchase, 
land not to exceed in quantity twenty (20) acres, excepting such land 
as shall be reasonably necessary for educational and eleemosynary pur- 
poses, and make, erect and build thereon, such houses, buildings, or other 
improvements, as may be necessary for the convenience and comfort of 
such congregation, church, society, or corporation, and may lay out and 
maintain thereon a burying ground and may maintain and build thereon 
schools, orphan asylums, or such other improvements or buildings as may 
be necessary for the educational and eleemosynary purposes of such con- 
gregation, church, society, or corporation : Provided, that all corpora- 
tions organized under sections 46a to 46h, inclusive, of this Act owning 
cemeteries which may be under the control, patronage, direction or super- 
vision of any ecclesiastical body, or diocesan, or like ecclesiastical officer, 
may acquire for cemetery purposes, such land exceeding in quantity 
twenty (20) acres which shall be reasonably necessary for the members 
and families of any sect, or denomination residing within any ecclesi- 
astical district, or diocese, whenever such cemetery is used by the mem- 
bers of the sect, or denomination, residing within said ecclesiastical dis- 
trict or diocese, and is not used exclusively by the members of any par- 
ticular church, congregation, or society : And, provided, further, that no 
such property shall be used except in the manner expressed in the gift, 
grant, devise, or if no use, or trust, is so expressed, except for the benefit 
of the corporation, church, society, sect, or denomination for which it was 
intended, or for any religious, educational or eleemosynary purpose 
approved by such corporation, church, society, or ecclesiastical body, 
diocesan, or like ecclesiastical officer. 

§ 46g. Any ecclesiastical body, or diocesan, or like ecclesiastical 
officer, may nominate and appoint two or more members of any sect, 
or denomination, residing in any ecclesiastical district, or diocese, over 
which such ecclesiastical body, or diocesan, or like ecclesiastical officer 
shall have jurisdiction, as trustees, who may become incorporated under 
sections 46a to, 46h inclusive of this Act, and may hold, regulate and 
control any property devoted to eleemosynary, educational, cemetery or 
religious purposes (not exclusively belonging to, or used by, any par- 
ticular congregation, church or society) for the use o.f all of the mem- 
bers of the sect, or denomination within said district or diocese, subject 



CORPORATIONS. 195 



to sections 46a to 46h, inclusive, of this Act, and subject to the usages, 
customs, rules, regulations, articles of associatioji, constitution, by-laws 
or canons of such ecclesiastical body, diocesan, or like ecclesiastical 
officer. The number, term of office and qualifications of said trustees, 
their removal and succession and their powers, duties and manner of 
appointment, shall be regulated in the manner provided in section [s] 46a 
to 46h inclusive of this Act. An affidavit showing the appointment of 
such trustees made and executed in substantially the same manner and 
form as provided in section 46b of this Act shall be filed in the office 
of the recorder of deeds in the county in which such corporation is 
organized and also a duplicate capy in the office of the Secretary of 
State, whenever the district or diocese, under the jurisdiction of such 
ecclesiastical body, or diocesan, or like ecclesiastical officer, comprises 
more than any one county of this State. 

It shall be the duty of the recorder and the Secretary of State to 
recard such affidavits and said affidavits or copies thereof, duly certified 
by the recorder and Secretary of State, shall be received as evidence of 
the due incorporation of said organization. No affidavit of appointment 
after the first need be filed for record. 

§ 46h. The word "trustees," whenever used in this Act, shall be 
construed to include wardens, vestrymen, or such other officers as per- 
farm the duties of trustee. The words "ecclesiastical body" shall be 
construed to include any synod, presbytery, conference, convention, 
council, episcopate, assembl}^, or any other regularly constituted body 
of a religious sect or denomination having jurisdiction or patronage at, 
or charge over, certain ecclesiastical districts, divisions or dioceses. The 
word, "diocesan" shall be construed to include any bishop, archbishop, 
administrator, ar such other ecclesiastical officer as shall be appointed 
according to the usages, customs, rules, regulations or canons, of any 
sect, or denomination to preside over and administer the affairs of any 
ecclesiastical district or diocese. 

§ 46i. Any congregation, church or society heretofore incorporated 
under the provisions of any law for the incorporation of religious socie- 
ties, may become incorporated under the foregoing sections fram 46a 
to 46h inclusive of this Act, in the same manner as if it had not pre- 
viously been incorporated, in which case the trustees of the new corpo- 
ration shall be entitled to, and invested with, all the real and personal 
estate of the old corporation, in like manner and to the same extent as 
the old corporation, subject to all the debts, contracts and liabilities. 

§ 46 j. Any church, congregation, society or corporation, heretofore 
or hereafter formed for religious purposes, or for the purpose of religious 
worship under any of the provisions of this Act or under any law of 
this State for the incorporation of religious corporations or sacieties 
may receive by gift, devise or purchase land not to exceed in quantity 
twenty (20) acres excepting such land as shall be reasonably necessary 
for educational and eleemosynary purposes, and make, erect, and build 
thereon such houses, buildings, or other improvements as may be neces- 
sary for the convenience, comfort and welfare of such church, congrega- 



196 CORPOKATIOlSrS. 



tion, society or corporation, and may lay out and maintain thereon a 
burying ground and may maintain and build thereon schools, ojphan 
asylums, or such other improvements or buildings as may be necessary 
for the educational, eleemosynary, cemetery and religious purposes of 
such congregation, church, society or corporatioji ; but no such property 
shall be used except in the manner expressed in the gift, grant or devise, 
or if no use or trnst is so expressed, except for the benefit of the con- 
gregation, corporation, church or society, far which it was intended, or 
for such religious, educational or eleemosynary purpose as may be 
approved by such congregation, church, society or corporation or the 
ecclesiastical bod}^ having jurisdiction or patronage of or charge over 
such congregation, corjDoration, church oj society. 

§^ 46k. Nothing contained in sections 46a to 46k inclusive of this 
Act shall be construed as limiting, restricting, or curtailing the rights 
or powers of any corporation to take or ho.ld real or personal property 
which has been or may be incorporated under any general law of this 
State for the purpose of -establishing or conducting a university, college, 
academy or other institution of learning, or as affecting or limiting in 
any particular the rights o.r powers granted to any such corporation by 
an Act entitled, "An Act to revise the law in relation to universities, 
colleges, academies and other institutions of learning," approved March 
24, 1874, in force July 1, 1874. 

Approved June 19, 1913. 



UNION DEPOTS — CONSTRUCTION, ETC. 



§ 1. Organization — what articles shall contain. 

§ 2. Articles of association presented to circuit 
court — petition of members— certificate of 
railroad companies. 

§ 3.. Certificate of incorporation— form — filing — ■ 
fees. 



§ 4 . Powers enumerated. 

§ 5 . Election of directors. 

§ 6. Uniform terms for use of depot. 

§ 7 . Act of 1875 repealed. 



(Senate Bill No. 357. Approved Mat 28, 1913.) 

An Act for the formaiion of corporations for the purpose of construct- 
ing, maintaining and operating union depots and to repeal "An Act 
authorizing the formation of union depots and stations for railroads 
in this State," approred April 1 , 1815, in force July 1, 1815. 
Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That in order to facilitate the public 
convenience and safety in the transmission of goods and passengers from 
one railroad to another, and to prevent the unnecessary expense, inco.n- 
venience and loss attending the accumulation of a number of stations, 
any number of persons,, not less than five, are hereby authorized to form 
themselves, or any two or more railroad companies may themselves form 
or Join individuals in forming a corporation for the purpose of con- 
structing, establishing and maintaining a union station for passengers 
or freight depots, or for both, in any city, town, or place in this State, 



COKPOKATIONS. 197 



with the necessary officers, and rooms convenient for the same and appur- 
tenances thereto, and for that purpose may make and sign articles, in 
which shall be stated the number of years not to exceed 'fifty, the same 
is to continue, the city, toAvn or place in which the same is to be located, 
and the amount of the capital stack of said company which shall not 
exceed fifty million dollars, the amount of each share of stock, the name 
and place of residence of its directors, which shall not be less than five 
nor exceed fifteen, who shall manage its affairs for the first year, and 
until others are chosen in their place, and shall also state the amount 
of stack taken by each subscriber. 

§ 2. Any association of persons or corporations, desiring to become 
incorporated under the provisions of this Act, shall present the articles 
of association to the circuit court of the county in which such city or 
place is, or to the judge thereof in vacation, with the petition from such 
members for a certificate of incorporation under the provisions of this 
Act, to which petition shall be added ox appended a certificate of at 
least two railroad companies who have tracks leading into said city, town 
or place, stating its public utility, and that they expect to make arrange- 
ments for its use when it shall be constructed, signed by the president 
of their respective comj^anies. 

§ 3. If the circuit court, or any judge thereof, in vacation, shall be 
satisfied that said certificate has been signed by such companies, then 
the said court o.r judges, upon filing the said petition, articles and cer- 
tificate aforesaid, with the clerk of the court, shall grant to the said 
association a certificate of incorporation, which may be in the following 
form, to wit: 

Whereas, A, B and C, etc. (stating the names), have filed in the 
office of the clerk of the circuit court their articles of association, in 
compliance with the provisions of an Act entitled, "For an Act for the 
formation of corporations for the purpose of canstructing, maintaining 
and operating union depots and to repeal 'An Act authorizing the forma- 
tion of union depots and stations far railroads in this State,' approved 
April 7, 1875, in force July 1, 1875," approved (stating day of 
approval), with their petition of incorporation, under the name and 

style of ; they are therefore hereby declared a 

body politic and corporate, by the name and style aforesaid, Avith all the 
powers, privileges and immunities granted in the Act above named. By 
order of the circuit court (or judge thereof). 



, Attest 

Clerk of the circuit court of County. 

And thereupon, upon filing the same, or a certified copy thereof, in 
the affice of the Secretary of State, and upon payment of incorporation 
fees, the said association, from the time of such filing shall be a corpo- 
ration under the laws of this State. 

§ 4. Every corporation formed under this i^ct, in addition to the 
general powers conferred by the laws of the State in relation to corpo- 
rations, shall have power — 



198 COEPORATIONS. 



First — To take and hold such real estate as it may aquire [acquire] 
either by conveyance to such corporation, or such as it may aquire 
[acquire] under the provisions of this Act by condemnatian, and which 
shall be necessary for the transaction of its business. 

Second — To take, occupy and condemn any land and real estate, or 
any interest therein needed for the establishment of such union station 
or depot, and necessary approaches thereto, and the same proceedings 
shall be had therefor as are now or may hereafter be provided by law, 
concerning the condemnation of lands for or by railroad companies in 
this State, so far as such laws are applicable to the purposes of this Act; 
and when so condemned, the said land, and any interest therein, shall 
belong to such corporation for the purposes of this Act: Provided, that 
nothing in this Act shall be construed to authorize the condemnation 
of depot grounds of any railroad which is not of the same gauge as 
those joining in the petition : Provided, further, that none of the pro- 
visions of this Act relating to the condemnation of lands shall extend 
to any land or lands to. which any municipal corporation has title. 

Third — With the consent of the corporation authorities of the city, ■ 
town or place in which said station or depot is to be constructed, to have 
the right to lay the necessary track or tracks over, upon or under such 
streets or roads of said city, town or place as may be necessary to make 
the necessary connections with railroads proposing to use said union 
depot, and may, with such consent, also construct such station or depot 
under, over or upon any such streets or roads : Provided, that all injury, 
if any, that may be occasioned to the property fronting on any streets 
or roads, by the laying of any railroad tracks ar the location of any 
depot upon such streets or roads, under the provisions of this Act, shall 
be assessed and the assessment paid into the city treasury to the use of 
the owners of the property so injured by the corporation so appropriating 
such streets or roads, before such corporation shall have the right to lay 
any track or locate any depot over, under or upon such streets or roads. 

Fourth— 'FToin time to time to borrow such sums of money as may 
be necessary for the construction, completion and furnishing o.r repair- 
ing of such station or depot, and to issue or dispose of their bonds, for 
such amounts at such prices as they shall think proper, and to mortgage 
their corporate proper!}^ and franchises for the purpose of securing the 
same. 

Fifth — To open, from time to time, books of subscription to the 
remainder of the capital stock not taken by the subscribers to the articles 
of association. The General Assembly shall have power to enact, from 
time to. time, laws to prevent and correct abuses and to prevent unjust 
discrimination and extortions in the management and prosecution of 
the business of any corporation formed under this Act and to enforce 
such laws by adequate penalties. 

§ 5. After the directors named in the articles of incorporation shall 
have served for one year, there shall be an annual election of directors, 
to be conducted in the manner prescribed in the Constitution of this 
State. The directors so elected shall serve for the ensuing year, and 



CORPORATIONS. 199 



notice of such election, appointing a time and place, shall be given by 
the directors as originally constituted for the first annual election, and 
thereafter by their successors in office, which notice shall be published 
not less than twenty days previous thereto in some newspaper published 
in the English language, in the city, town or place in which said station 
or depot is located. 

§ 6. There shall be no discrimination against oj in favor of any 
railroad company using or desiring to use the said union depot, but the 
terms, conditions and regulations adopted for the use of the same shall 
be, so far as practicable, uniform, and apply alike to all railroads using 
or desiring to use said union depot. 

§ 7. "An Act authorizing the formation of union depots and stations 
for railroads in this State," approved April 7, 1875, in force July 1, 1875, 
be and the same is hereby repealed. 

Approved May 28, 1913. 



WAGE LOAN CORPORATIONS — INCORPORATION 
§ 1 . How corporations organized. 
§ 2. Capital stock and amount loaned limited. 



Bond approved by county judge and filed 
with county clerk — when renewal neces- 
sary — when forfeited — penalties for viola- 
tions of Act. 



§ 9 . Business in one county only. 

§ 10 . Dividends annually. 

§ 11 . Appointment of directors. 

§ 12. Annual report to auditor— duties of auditor. 

§ 13. Report of violations. 



§ 3. Borrowing money — banking power prohib- 
ited. 

§ 4 . Loans secured by an assignment of wages — 
rate — no additional charges. 

§ 5. Contract involving additional charges for- 
feited—recovery of excess paid. 

§ 6. Wage assignments securing notes void unless 
stated on notes. 

§ 7. Account of loans — copy, statement and 
receipt to borrower. 

(House Bill No. 102. Approved June 20, 1913.) 

An Act to provide for the mcorporation, management and regulation 
of wage loan corporations and to allow the loaning of money by such 
corporations secured by assignmeni of wages, and limiting the rate of 
compensation to be paid. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That corporations may be organized 
under and by virtue of this Act in the same manner as corporations far 
pecuniary profit. under and by virtue of "An Act concerning corpora- 
tions," approved April 18, 1872, in force July 1. 1872, as amended, 
except as otherwise herein provided. 

§ 2. Corporations with a capital of not less than $25,000.00 may be 
organized under the provisions of this Act in all cities for the purpose 
of loaning money on wage assignments, but in no case shall the amount 
loaned to any one person exceed the sum of $250.00. 

§ 3. Corporations organized under this Act shall be authorized to 
borrow money, not exceeding in the aggregate the amount of the capital 
stock : Providing, however, no such corporation shall have any banking 
power, whether of issue, deposit or discount, and shall not receive 
deposits of money nor loan mo.ney except as provided in this Act. 



200 COEPOEATIONS. 



§ 4. Such corporations may loan money and take and hold as secur- 
ity for the payment of the same an assignment of the wages of the 
borrower, and may charge and collect not to exceed (3) per cent per 
month as interest or compensation for the use of such money. Beside 
the interest charge hereinbefore specified, no further or other charges 
for any services, or upon any pretext whatsoever by deductions in 
advance or otherwise, shall be asked, charged or in any way received, 
where the same would in any way operate to make a greater charge for 
the use of the money loaned than the aforesaid rate; and where made, 
any such additiojial charges shall be taken and held to be so much 
added interest. 

§ 5. No contract of any kind or nature made under the provisions 
set forth in this Act, or in any way involving any security given tO' 
secure the performance of such a contract, shall be valid or of any 
force, virtue or effect, either at law or in equity, and all right or claim 
to o.r involving principal, interest and security, shall be absolutely for- 
feited, if there is therein or thereon directly or indirectly charged, 
accepted or contracted to be ]3aid or received, either in money, goods, 
discount or thing in action, or in any other way, a greater benefit, 
compensation, rate of discount o.r interest, or fee than the rate specified 
in section 4 hereof; and if a greater benefit, compensation, rate of dis- 
count or interest is directly advanced or paid upon any such contract 
made as aforesaid by such corporation, the excess above the said rate 
specified in section 4 hereof so advanced or paid, may be demanded and 
recovered by the person who advanced or paid the same, his legal repre- 
sentatives or assigns, from the person or corporation, or their surety or 
sureties, either to whom or for whose use or benefit such payment, ad- 
vance or any part thereof was made. 

§ 6. All notes, the payment of which is secured by wage assignments 
shall state upon their face that they are so secured, and when assigned 
by the payee therein named, shall be subject to all defenses, existing 
between the payee and the payor of said notes the same as if said notes 
were held by the payee therein named, and any wage assignment secur- 
ing notes which do not state upon their face to the fact of such security 
shall be absolutely void. 

§ 7. The said corporation shall keep a correct account of all money 
loaned, the date of maturity of each loan, the rate charged, and the name 
and address of the borroAver; and shall give to. each borrower a true, 
legible and complete copy of each and every paper signed by him in 
connection with the loan, together with a statement of all charges made 
for said loan, the date of the note or other paper evidencing the loan 
and the date of its maturity. A receipt, plainly showing the amount 
paid by the borrower and the date of payment shall be given him when- 
ever he makes any payment of principal or interest on his loan. 

§ 8. No corporation organized under this Act shall enter upon or 
carry on the business of loaning money upon wage assignments until it 
shall have filed in the office of the county clerk of the county in which 
it is carrying on such business, or has its principal office, a bond in the 



CORPORATIONS. 201 



penal sum of $5,000.00/ executed by such corporation, as principal and 
with surety or sureties approved by the county judge o.f such county; 
which bond shall run to the People of the State of Illinois for the use 
O'f any person or persons who may have a cause of action against the 
obligor of said band under the provisions of this Act, and shall be con- 
ditioned that the said obligor will conform to and abide by each and 
every provision of this Act and will pay to any such person or persons 
having a cause of action any and all moneys that would be due such 
persan or persons from the said obligor under and by virtue of the 
provisions of this Act. Such bond shall be renewed every two years or 
oftener, whenever on a proper showing being made the same, in the 
opinion- of the county judge, shall appear to be insecure or otherwise 
doubtful, and upon failure of the abligor in such bond to comply with 
the order of such county judge relative to the renewal of such bond, 
such corporation shall within thirty (30) days after the entry of such 
order discontinue the carrying on of business under this Act. Any 
wilful violation of this Act by any carporation organized under it, by 
which any person shall suffer or sustain loss or damage shall forfeit its 
right to do business, and the Attorney General of the State shall take 
the necessary legal measures to wind up and discontinue its business. 
Any director, officer or employee of any corporation organized under 
this Act, who shall charge, take or collect or receive compensation or 
interest on a loan beyond or in excess of the charges herein fixed, shall 
be deemed guilty of a misdemeanor, and an conviction shall be fined 
not to exceed one hundred dollars ($100.00), or be imprisoned in the 
county jail for not more than six (6) months, or both, for each offense. 

§ 9. No corporation organized under this Act shall do business in 
any other county than the one in which its principal office is located. 

§ 10. Any corporation organized under this Act may out of the 
profits realized out of its business, declare and pay to its stockholders 
an annual dividend oi not to exceed six per cent (6) on its capital stock. 

§ 11. The Governor of this State and the mayor of the city in which 
the principal office of said corporation shall be located shall each appoint 
one director, who shall not be a stockholder or employee o.f such corpo- 
ration, whose term of office shall be two (3) years, unless sooner removed 
by the Governor or mayor who made the appointment, and said directors 
shall have the same jDOwer and authority as the other directors of the 
corporation. The number of directors of any such corporation shall not 
exceed nine. 

§ 12. The president and directors o.f every corporation organized 
under this Act shall, annually in the month of January, file with the 
Auditor of Public Accounts of the State a full report of the business of 
the corporation for the previous year, expiring December 31, and shall 
give the names and the amount of shares of capital stock held by each 
stockhp.lder of the corporation on the said date, which said statement 
shall be verified by the president and attested by the secretary. The 
Auditor of Public Accounts shall exercise all powers of examination and 
supervision of any corporation organized under this Act which he now 



202 COKPOKATIONS — COUNTIES. 



exercises over trust companies under tlie Act for regulating the admin- 
istration of trusts b}^ trust companies, approved June 15, 1887, in force 
July 1, 1887, and the fees prescribed to be paid by said Act shall apply 
to any corporation organized under this Act. 

§ 13. Directors appointed by the Governor and the mayor shall, 
under oath, report to the Gavernor of the State any violations of any 
one of the provisions of this Act by the said corporatian, or any of its 
officers or employees. 

Approved June 20, 1913. 



COUNTIES. 



APPROPRIATIONS EOR SOIL AND CROP IMPROVEMENT. 

J 1 . Coimty boards empowered to appropriate § 2 . Report to county board, 
funds for improvement ol general agricul- 
tural conditions— limitation of amount — 
how paid. 

(House Bill No. 219. Approved June 27, 1913.) 

An Act to enahle the coimty hoards to appropriate funds for the use 
of soil and crop improvement association'lsl of their several counties. . 
Section 1. Be it enacted hy the People of th& State of Illinois, rep- 
resented in the General Assembly: That the county boards of the 
several counties of this State are hereby authorized and empowered to 
appropriate for the use of county soil and crop improvement associations, 
or any other like association organized for the improvement of general 
agricultural conditions, a sum not to exceed five thousand dollars 
($5,000.00) per annum, which is hereby declared to be for county pur- 
poses, and to be paid to the treasurer of such association as soon as the 
annual taxes shall have been collected in like manner as all other expen- 
ditures are authorized and expended by said boards. 

§ 2. And it shall be the duty of the treasurer of such association 
receiving said money to prepare at least annually a complete and detailed 
statement or report of the manner in which said money shall have been 
expended, which said statement shall be signed by the president of said 
association, attested by its secretary, and sealed with its seal, if it have 
one, and file said report with the said county board. 
• Approved June 27, 1913. 

cook county commissioners — TERM OF OFFICE. 

§ 1. Amends section 1, Act of 1893. I §1. As amended, increases term of office 

I to four years. 

(Senate Bill No. 596. Approved June 25, 1913.) 
An Act to amend section 1 of an Act entitled, "An Act to revise the 

law in relation to election of county commissioners in Cooh county 

and to fix their term of office/' approved June 15, 1S93, in force 

July 1, 1893. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That section 1 of an Act entitled, 



COUNTIES — COURTS. 303 



"An Act to revise the law in relation to the election of county commis- 
sioners in Cook county and to fix their term of office/' approved June 
15, 1893, in force July 1, 1893, be and the same hereby is amended to 
read as follows: 

§ 1. Be it enacted by the-FeoiAe of the State of Illinois^ represented 
in the General Assembly: On the -first Tuesday after the first Monday 
of November, A. D. 1911, and every four years thereafter, there shall be 
elected by the legal voters of Cook county fifteen county commissioners 
who shall hold their office respectively for the term of four years and 
until their successors are elected and qualified. Their term of office shall 
commence on the first Monday of December after their election. Ten of 
said commissioners shall be elected from the city of Chicago by the legal 
voters of said city, and five of said commissioners shall be elected from 
the towns outside of said city by the legal voters of said town [s]. 

Approved June 25, 1913. 



COUETS. 



APPELLATE COURT REPORTS. 



§ 6 . Syllabus and index. 

§ 7 . Specifications of printed volume. 

§ 8 . Copyright, stereotype or electrotype plates 
— assignment to State— publication of re- 
ports by Secretary of State. 

§ 9. Sale of single volumes. 

§ 10. Sale of complete or broken sets. 

§11. Free distribution— purchase by Secretary 
of State. 



§ 1 . Establishes IllLnois Appellate Court Reports. 

§ 2. Who may publish official reports — bond — 
failure or refusal to comply with Act- 
suit on bond. 

§ 3. Clerks of appellate courts to furnish opin- 
ions — fee — without cost to publisher. 

§ 4 . Clerks to furnish official publisher abstracts, 
etc.,— same to be returned. 

§ 5. Final decisions in writing — designation of 
what decisions published in full and what 
by abstract. 

(House Bill No. 388. Approved June 27, 1913.) 

An Act to prouide for and regulate the publication and distribution of 

the decisions of the appellate courts of this State, and to make them 

official. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That there shall be for the appellate 
courts in the State one series of reports to be known as the Illinois 
Appellate Court Keports to be numbered consecutively and to include the 
volumes known as Illinois Appellate Court Reports, and published 
prior to the publications of the first volume under authority hereof. 

§ 2. The series of reports herein provided for shall be the official 
reports of said courts, and may be published by any person, partnership, 
company or corporation whicli shall have and maintain an office and 
place of business in the State of Illinois, and which shall comply with 
the provisions of this Act, and any person, partnership, company or cor- 
poration so complying with the provisions of this Act and publishing 



204 COURTS. 



the reports under the terms thereof shall be known as an official pub- 
lisher. Any person, partnership, company or corporation desiring to 
receive the benefits of this Act shall file with the Secretary of State a 
good and sufficient bond to be approved by him in the sum of not less 
than fifteen thousand dollars ($15,000) as -liquidated damages payable 
to the people of the State of Illinois, conditioned for the faithful per- 
formance of the provisions of this Act in the publication of such reports 
under the conditions and under the terms hereof, and if any person, 
partnership, company or corporation receiving any of the benfits of this 
Act shall fail or refuse to give bond as required or when given to keep 
the same in full force and effect, or shall fail or refuse to comply with 
the provisions of this Act in other respects, it shall be the duty of the 
Secretary of State upon the request of any appellate court of this State 
to notify the Attorney General who shall at once bring suit on the bond 
of said publisher against him and his sureties and prosecute the same to 
judgment and final execution. 

§ 3. The clerks of the appellate courts shall promptly furnish to any 
person, company or corporation desiring the same, within ten days from 
the date of the expiration of the time for a rehearing, the opinion of the 
judges of such appellate courts at a ]3rice not to exceed t'\^enty-five cents 
per page: Provided, that however, the clerk [s] of such courts shall fur- 
nish, within ten days after the period for such rehearing has expired, to 
any official publisher as herein defined, the opinions of the judges of the 
appellate courts, without cost, mailing the same within such period of 
ten days to the office or place of business designated by such publisher in 
a written request, filed Avith the appellate court clerk ; and it shall be the 
duty of any official publisher so furnished said opinions without cost to 
receive all said opinions unpublished at the time this Act goes into effect 
and which may be decided thereafter so long as said opinions are received 
under the terms of this Act and to publish the same within a period of 
not more than ninety days after the receipt of corrected proof from 
judges and after a sufficient number of opinions to constitute a volume 
shall have been delivered to such publisher. 

§ 4. The clerk [s] of the appellate courts shall also furnish to any 
official publisher all abstracts, briefs and other papers filed in their 
respective offices and which are or may be necessary for the purpose of 
preparing the reports within the same time and upon the same terms as 
lierein provided for the opinion [s], which shall be returned to such 
clerk [s] by the publisher receiving same upon the publication of the 
volume containing the opinion in such matter. 

§ 5. Every final decision of each appellate court shall be reduced to 
writing by the court, and it shall be the duty of the court to designate 
which of such written decisions shall be published in full and which pub- 
lished by including an adequate abstract of such written decisions, but 
if any appellate court of this State shall fail to so designate within ten 
days from the date of the expiration of the time for rehearing then such 
decision [s] shall be published only in condensed form or by abstract: 
Provided, that should any appellate court fail to so designate then any 



COURTS. 205 



such decisions may be published in fall by- any official publisher, if the 
total number of volumes of appellate court reports published or to be 
published in any calendar year shall not exceed six volumes. 

§ 6. Any official publisher shall carefully prepare and cause to be 
printed in connection with each decision so ordered to be published a 
full syllabus of the points decided by said decisions and shall also pre- 
pare and cause to be printed in each volume a full alphabetical index 
o,f the cases therein reported, preliminary announcement of similar 
character and extent to those now included in the reports known as 
Illinois Appellate Court Beports and a full and complete topical index of 
all points of law covered by decisions therein reported. 

§ 7. Each volume of reports to be hereafter published shall contain 
not less than seven hundred pages and shall be of the same general 
character as the volumes of reports heretofore known as the Illinois 
Appellate Court Eeports, the paper upon which the reports [may be 
printed] shall be clear white paper, super-sized and calendered, not less 
than fifty pounds to. the ream, size 24x38 inches and binding shall be 
of standard law sheep or buckram without blemish or patches and the 
boards used in binding shall be good binders' boards, and shall be similar 
in size and appearance to the volumes of this series heretofore published. 

§ 8. It shall be the duty of any publisher receiving the benefits of 
this Act to publish continuously under the terms thereof volumes of 
said reports in accordance with the terms of this Act and to make 
stereotype or electrotype plates of each and every volume of said Illinois 
Appellate Court Eeports, and if- at any time for a period of one year 
any publisher shall fail so to do the copyright and stereotype or electro- 
type plates made for volumes published under the provisions of this 
Act shall be and become the property of the State of Illinois upon pay- 
ment to the said publisher of the cost thereof to be determined by any 
appellate court of this State and upon the determination thereof it shall 
be the duty of the Secretaxy of State to certify said account to the 
Auditor of Public Acco;unts, whereupon the same shall become payable 
out of the State treasury and it shall be the duty of said publisher to 
assign said copyright and deliver the plates of said volumes to the Secre- 
tary of State for the use of the State of Illinois. Said publisher shall 
thereupon cease to have any interest in or control aver said copyright 
or plates. The Secretary of State shall thereupon cause such number of 
copies to be bound and printed at the expense of the State, as may, 
from time to time, be needed to supply the demand and shall sell the 
same at a price not to exceed one dollar and fifty cents per valume, 
accounting to the State for the proceeds. Such books, as printed and 
bound by the Secretary of State, shall be of the same quality as those 
theretofore published under the provisions of this Act. 

§ 9. Any publisher receiving the benefits of this Act shall sell ta 
residents of this State the current volumes of said report [s] published 
under the provisions of this Act, the first volume of which shall contain 
the decisions filed subsequent to July 1, 1913, at a price not to exceed 
one dollar and fifty cents per volume, not including transportation 



206 COURTS. 



charges. Any publisher so receiving the benefits of this Act shall sell 
to residents of this State any such volumes published under the provi- 
sions of this Act at a price of one dollar and fifty cents per volume at 
any time hereafter : Provided, all the volumes so published under the 
provisions of this Act up to and including the then current volume are 
purchased, xiny such publisher shall also sell to residents of this State 
single back volumes or broken sets commencing with the first volume 
published under the provisions of this Act, at a price not to exceed two 
dollars per volume, not including transportation charges. 

§ 10. Any publisher taking advantage of this Act, who shall be a 
publisher of or who shall have published any volume [s] of the Illinois 
Appellate Court Eeports, or the decisions of the appellate courts other 
than the volumes published under the terms and conditions of this 
Act, in addition to furnishing the current volumes at the price and 
under the terms herein provided, shall furnish such other volumes to 
the residents of this State in complete sets at a price not to exceed two 
dollars per volume, or for single back volumes or broken sets not to 
exceed two, dollars and fifty cents per volume, not including transpor- 
tation charges. 

§ 11. Upon publication of each volume of said reports, the Secretary 
of State shall secure from any official publisher for free distribution 
by him as follows, viz : Five copies to the Library of Congress, one copy 
to, the President of the United States, one copy to each state and terri- 
torial library, one copy to each judge of the Supreme Court of this 
State, one copy to each judge of the circuit courts of the State, one 
copy to the judge of the superior court of Co,ok County, one copy to 
each judge of the county courts of this State, one copy to each judge 
of the city courts of this State, one copy to each municipal court judge 
in the city o,f Chicago, one copy to each State officer required to reside 
at the seat of government, five copies to be deposited in the library of 
the Supreme Court and one copy shall be deposited in the State Library. 
The Secretary of State is also hereby authorized to purchase as aforesaid 
single volumes to replace lost or destroyed volumes in the State or 
Supreme Court Library. For the purpose of carrying into effect the 
foregoing provisions the Secretary of State is hereby authorized and 
required to purchase a sufficient number of copies of said official Illinois 
Appellate Court Eeports and of each and every volume from time to 
time as the same may be hereafter published at a price not to exceed 
one dollar and fifty cents per volume for the purposes provided asi 
aforesaid. Said books shall be paid for when certified by the Secretary 
of State upon warrant of the Auditor of Public Accounts. 

Approved June 27, 1913. 



COURTS. 207 

CIRCUIT COURTS — BOND AND RANDOLPH COUNTIES. 
§ 1. Additional terms created. I § 3. What cognizable, etc. 

§ 2. Time of holding. I § 4. No grand jury. 

(Senate Bill No. 78. Appkoved May 2, 1913.) 

An Act to create an additional term of circuit court in the counties of 
Bond and Randolph, and to fix the time of holding the same. 

Section 1. Be it enacted ly the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and is hereby created 
an additional term of circuit court in the county of Bond, and also an 
additional term of the circuit court in the county of Eandolph. 

§ 3. That said additional term of said court shall be held on the 
second Monday in the month of January in the county of Bond, and that 
said additional term of said court shall be held on the first Monday in 
the month of December in the county of Eandolph;, of each year. 

§ 3. That all suits, writs and processes of every kind and nature, 
either civil or criminal, heretofore commenced, or pending in said circuit 
court, or that may be pending therein, at the time that this Act takes 
effect, shall be cognizable and triable at the first term after this Act 
takes effect. 

§ 4. Providing that no grand jury shall be summoned at the Jan- 
uary term therein in the county of Bond hereby created, or the December 
term in the county of Eandolph hereby created, unless so ordered by the 
court. 

Approved May 2, 1913. 

circuit courts — GALLATIN COUNTY. 
§ 1. Additional term created. 1 §3. What cognizable, etc. 

§ 2 . Time of holding. I § 4 . Emergency. 

(House Bill No. 445. Approved May 16, 1913.) 

An Act to create an additional term of the circuit court in the county of 
Gallatin and to fix the time of holding the same. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That there be and is hereby created 
an additional term of the circuit court in the county of Gallatin. 

§ 2. That said additional term of said court shall be held on the first 
Monday of June of each year : Provided, that there shall be no grand 
or traverse jury summoned for said June term of said court, unless by 
special order of the judge of said court, which order may be made either 
in term time or in vacation. 

§ 3. That all suits, writs and processes of every kind and nature, 
either civil or criminal, heretofore commenced, or pending in the said 
circuit court, or that may be pending therein at the time this Act takes 
effect, shall be cognizable and triable at the first term after this Act 
takes effect. 

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

Approved May 16, 1913, 



308 COURTS. 



CITY COURTS — JUDGE FOR TWO CITIES. 

§ 1 . Amends section 21, Act of 1901. I § 21. As amended, adds paragraph pro- 

viding for election of one judge for 
I each court. 

(House Bill No. 489. Approved June 27, 1913.) 

An Act to amend section 21 of an. Act entitled, "An Act in relation to 

courts of record in cities" approved May 10, 1901, in force July 1, 

1901; as amended hy Act approved May 8, 1907, in force July 1, 1907. 

Section 1. Be it enacted hy the People of the State of Illinois, rep^ 

resented in the General Assembly : That section 21 of an Act entitled, 

"An Act in relation to courts of record in cities/' approved May 10, 

1901, in force Jul}^ 1, 1901, as amended by Act approved May 8, 1907, 

in force July 1, 1907, be amended to read as follows: 

§ 21. A city court consisting of one or more judges^ not exceeding 
five, and not exceeding one judge for every fifty thousand inhabitants, 
or fraction of fifty thousand, and not less than three thousand, may be 
organized and established under this Act in any city which contains at 
least three thousand inhabitants, whenever the common or city council 
shall adopt an ordinance or resolution to submit the question whether 
such court shall be established, consisting of one or more judges, not 
exceeding five, as may be specified in such ordinance or resolution, to 
the qualified voters of such city, and two-thirds of the votes cast at such 
election shall be in favor of the establishment of such court. Where 
such court is established with more than one judge, each judge may hold 
a separate branch thereof at the same time, and when holding such 
separate branch, each judge may exercise all the powers vested in such 
court. Such election shall be held and conducted, the returns thereof 
made and canvassed, and the result declared in the same manner as other 
city elections. To discontinue and disestablish any such court, precisely 
the same mode of procedure shall be requisite and necessary, and be re- 
sorted to, as for the organization of such court. Save that the discon- 
tinuance and disestablishment shall not take effect until at the expiration 
of the term of office of the then judge of said court. In the event of the 
discontinuance and disestablishment of any such court, the clerk thereof 
shall transfer and deliver to the clerk of the circuit court of the county in 
which such city court is situated, all records, judgments and processes in 
possession of himself or any other officer of said court, and the circuit 
court shall thereupon acquire and be vested with jurisdiction in the 
matters to which said records, judgments, or process relate and may be 
dealt with as original records of such circuit court: Provided, it shall 
be lawful for the city council in any city where a city court has been 
established under this Act, and there is no judge or clerk of such court 
residing within such city, and such court has ceased to do business for 
two years or more, to pass an ordinance or resolution abolishing such 
court, and authorize the city clerk of such city to transfer and deliver 
the records, judgments, and processes of such court to the circuit court 
of the county in which such court is situated in like manner and with 
like effect, as if such had been transferred by the clerk of such city court : 



COURTS. 209 



Andj provided, further^ that in any city where a city court has been 
established with one judge, under this or any prior Act, that now has, or 
may hereafter have, a population exceeding fifty-three thousand (53,000) 
inhabitants, as ascertained by a census taken by authority of the city 
council, the city council may by ordinance or resolution provide for the 
election of an additional judge of such city court, and fix the time when 
such election shall be held : Promded, there shall not be more than two 
judges for said city court until the population of said city shall equal one 
hundred and three thousand inhaljitants. 

In any case where one judge has heretofore been elected by the electors 
of two cities as the judge of the city courts held in and for such two 
cities, there shall hereafter be elected by the electors of each of such 
cities, respectively, voting separately, one judge for each of such courts, 
the first election held hereunder to be held on the fourth Monday in 
Februar}', A. D. 1915, and quadrennially thereafter, and the judaes so 
elected to hold office for terms of four years, the terms of the judges 
first elected commencing at the expiration of the term of office of the 
present judge of such courts. 

Appeoved June 27, 1913. 



COUNTY COURTS — DE WITT COUNTY. 



§ 1 . Amends section 28, Act of 1874. 

§ 28 . Terms in DeWitt county. 



§ 2. Repeal. 
§ 3. Emergency. 



(House Bill No. 310. Approved June 26, 1913.) 

An Act to amend section twe^ity- eight (28) of an Act entitled, "An Act . 

to extend the jurisdiction of county courts and to pro-vide for the 

practice thereof, to fix the time for holding the same, and to repeal 

an Act therein named," approved March 26, 187Jf., in force July 1, 

1874. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That section twenty-eight (28) of 
an Act entitled, "An ilct to extend the jurisdiction of county courts 
and to provide for the practice thereof, to fix the time of holding the 
same, and to repeal an Act therein named," approved March 26, 1871, 
in force July 1, 1874, be and the same is hereby amended to read as 
follows : 

§ 88. DeWitt, on the first Monday in February, June and October. 

§ 2. All Acts or parts of Acts, in conflict herewith are hereby 
repealed. 

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

Approved June 26, 1913. 



— 14L 



210 COURTS. 

COUNTY COURTS — SCHUYLER COUNTY'. 
§ 1 . Amends section 92, Act of 1874. I § 2 . Repeal. 

§ 92 . Terms in Schuyler county. | § 3 . Emergency. 

(House Bill No. 566. Approved June 26, 1913.) 

An Act to amend section 99 [_92] 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 nomied" appro^ved March 26, 1874, in force July 1, 1874. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That section ninety-two (92) of 
an Act entitled, "An Act to extend the jurisdiction of county courts 
and to provide for the practice tliereof, 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 May 22, 1877, in 
force July 1, 1877) be and the same is hereby amended so as to read 
as follows : 

§ 92. Schuyler, January, April, July and October. 
§ 2. All Acts or parts of Acts in conflict herewith are hereby 
repealed. 

§ 3. Whereas, An emergency exists, therefore, this Act shall take 
effect and be in force from and after its passage. 
Approved June 26, 1913. 



county courts — UNION COUNTY. 
§ 1 . Amends section 98, Act of 1874. I § 2 . Repeal. 

§ 98 . Terms in Union county. | 

(Senate Bill No. 673. Approved June 27, 1913.) 

An Act to amend section ninety-eight (98) 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, ^n force July 1, 
1874; as amended hy an Act approved June 18, 1891. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That section njnety-eight (98) of 
an Act entitled, "An Act to extend the jurisdiction of county courts 
and to provide for the practice thereof, to fix the time of holding same, 
and to repeal an Act therein named," approved March 26, 1874, in force 
July 1, 1874, as amended by an Act approved June 18, 1891, be and 
the same is hereby amended to read as follows : 

§ 98. Union, second Monday o.f January, May and September. 
§ 2. All Acts or parts of Act[s] in conflict [herewith] are hereby 
repealed. 

Approved June 27, 1913. 



COURTS. 



211 



MUNICIPAL COURT OF 

§ 1 . Provides for continuance as court of record 
— oiRcers to hold over until successors 
qualified. 

§ 2. Jurisdiction— classes. 



§ 3. 
§ 4. 

§ 5- 

§ 6. 

§ 7. 



§ 9. 

§ 10. 

§ 11. 

§ 12. 

§ 13. 

§ 14. 

§ 15. 

§ 16. 

§ 17. 

§ 18. 

§ 19. 

§ 20. 

§ 21. 



§ 23. 



Proceedings same as circuit courts in like 
cases. 

Court held in two districts — territorial 
limits — branch courts to be held. 

Places in which branch courts shall beheld. 



Stationery, etc., to be furnished by city — 
city to pay salaries. 

To consist of thirty-one judges, one of whom 
shall be chief justice — duties of chief jus- 
tice—duties of associate judges — rules and 
regulations — to meet together once a 
month- 



Election of judges — terms of office — vacan- 
cies. 

■Who eligible as chief justice or associate 
judge. 

Oath. 

How number of associate judges may be 
increased— election— thirty-nine the limit. 

Interchange of j udge s . 

Clerk — election — term of office — duties — 
oath — bond ^ salary — commission — 
vacancy — appointment. 

Deputies to be appointed — salary — certain 
number to be shorthand reporters — 
charge for transcripts — oath — bond — re- 
moval — duties. 

Bailifl — term of office — duties — oath — bond 
—vacancy — appointment — salary. 

Deputy bailiffs — salary — oath — ex officio 
police officer. 

No gratuity to be received for performance 
of duty — not to be appointed receiver or 
guardian ad Utem. 

Practice — appeal or writ of error. 

Judges may adopt rules regulating practice 
— Supreme and appellate courts shall 
take notice. 

JHow issues in cases in various classes shall 
be determined. 

Court may make proper provision where 
method of procedure is not sufficiently 
prescribed. 

Coint shall take notice of all matters of 
general jurisdiction, also: 

(1) General ordinances city of Chicago 

and every municipal corporation, 
whoUy or partly within city 
limits. 

(2) All laws of public nature of any 

state. 



CHICAGO — REVISION. 

§ 24. Petit jury— fees— number. 

§ 25. Duty of chief justice in regard to petit jury. 

§ 26 . Trial by jury— challenges — examination of 
jury. 

§ 27 . Charge to jury. 

§ 28.. Cases first and fourth class, where brought 
— may be transferred. 

§ 29. How cases of first and fourth class com- 
menced. 

§ 30 . Statement of plaintifi's claim— suits in tort 
— bills of particulars. 

§ 31 . Affidavit required in cases for recovery of 
money — exceptions. 

§ 32. No statement of claim necessary in attach- 
ment, etc. 

§ 33. Summons— attestation— provisions as to 
default printed on. 

§ 34 . Service of summons — return — how served. 

§ 35 . Alias or pluries summons — bond required. 

§ 36 . Notification by posting, mailing or publica- 
tion in attachment, etc. 

§ 37 . Notice in civil cause — How made. 

§ 38. Defendant's entry of appearance or affi- 
davit of merits. 

§ 39. Defendant's statement and affidavit of 
claim of set-off — plaintifi's affidavit of 
merits. 

§ 40. Returu of summons — call of cases — written 
appearance — default — judgment — dam- 



§ 41 . Trial by court— when demand for trial by 
jury. 

§ 42. Time for trial. 

§ 43. Filing of interrogatories — answer under 
oath. 

§ 44. Insufficient answer or failure or refusal to 
answer written interrogatories. 

§ 45. Examination of parties to suit. 

§ 46 . Judge may sign or make order at any place 
within city — exception. 

§ 47. Chief justice to superintend preparation 
of calendars, etc. 

§ 48. Amendments. 

§ 48a. Proceedings in trial of right of personal 
property. 

§ 49. Practice and procedure in cases of fifth 
class. 

§50. Power to arrest. 

§ 51. Power of judge to issue waiTant, etc., in 
criminal or quasi criminal cases. 

§ 52. Letting to baU — bond— regulations- setting 
aside forfeitures. 



212 



CODKTS. 



MUNICIPAL COURT OF CHICAGO- 

§ 69. 



§ 52a. Arrests for improper use of motor or other 
vehicles, etc. — notice — release of person — 
exception. 

§ 53. Practice in proceedings against persons 
charged with criminal offenses — to pre- 
vent commission of crimes and search 
warrants. 

§ 54 . Search warrants — form. 

§ 55 . Examination of person charged with crim- 
inal offense — transcript of testimony. 

§ 56. Prosecutions of criminal cases. 

§ 57. When person committed for criminal 
offense set at liberty by court. 

§ 58 . Practice and proceediugs in bastardy cases. 

§ 59 . Exceptions to rulings or decisions unneces- 
sary. 

§ 60. Court always open— judgments, decrees, 
etc., how vacated, etc. 

§ 61. Review of final orders, judgments, etc. — 
practice and proceedings. 

§ 62. Review of final orders, etc., in cases of 
fourth and fifth class. 

§ 63. Admitted evidence, how made matter of 
record for review. 

§ 64. Reversal of orders or judgments. 

§ 65. Chief justice to superintend keeping of 
records and to prescribe forms. 

§ 66. Satisfaction of money judgments, orders 
or decrees. 

§ 67. Force and effect of judgments, orders or 
decrees. 

§ 68. Execution issued on judgment, order or 
decree. 



§ 70. 
§ 71. 

§ 72. 

§ 73. 

§ 74. 

§ 75. 
§ 76. 
§ 77. 
§ 78. 
§ 79. 
§ 80. 
§ 81. 

I 82. 
§ 83. 
§ 84. 
§ 85. 



§ 87. 



-REVISION — Concluded. 

Citation in supplementary proceedings. 

Proceedings supplemental to judgment. 

Citation for examination before master in 
chancery or special commissioner. 

Examinations in supplementary proceed- 
ings. 

Costs in supplementary proceedings. 

Service of order made in supplementary 
proceedings — other proceedings. 

Clerk's fees. 

Bailiff's fees, etc. 

Witness' fees and mileage. 

Other costs. 

Advance payment of costs — how waived. 

Costs criminal and quasi criminal cases. 

Juror's fees— expenses of dieting and con- 
veying prisoners. 

Disposition of moneys collected. 

Disposition and record of fees and costs. 

Clerk has certain powers of justice of peace. 

Offices of justices of the peace, etc., abol- 
ished^urisdiction of courts. 

Justices' dockets, etc., delivered to clerk — 
transcript — executions. 

Invalidity of portion of Act. 

Validation of former proceedings. 

Referendum — form of ballot. 



(House Bill No. 416. Appkoved June 28, 1913.) 

An Act in relation to the Municipal Conrt of Chicago: 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in ihe General AssemMy: That the M^micipal Court of Chi- 
cago as heretofore organized and established shall be continued as a court 
of record, the jurisdiction of Avhich shall be exercised in the manner 
hereinafter prescribed b}^ branch courts, each of which shall exercise all 
the powers in this Act declared to be vested in the municipal court. The 
judges, clerk and bailiff thereof shall continue to hold their respective 
offices during the terms for which they have been respectively elected 
and until their respective successors shall have been elected and qualified ; 
but if there be any vacancy or vacancies in any of said offices at the time 
of the taking of effect of this Act, the same shall be filled as provided 
in this Act. 

§ 2. Said municipal court shall have jurisdiction in the following 
cases : 



COURTS. 213 



First — Cases to be designated and hereinafter referred to as cases of 
first class, wliich shall include (a) all actions on contracts, express or 
imj5lied, and actions on judgments, when the amount claimed by the 
plaintiff, exclusive of costs, exceeds one thousand dollars ($1,000) ; (b) 
all actions of replevin, proceedings for the trial of the right of property 
and all other actions for the recovery of personal property when the 
value of the property sought to be recovered as claimed by the plain- 
tiff exceeds one thousand dollars ($1,000) ; and (c) all actions for the 
recovery of damages for the conversion of personal property, and actions 
for the recovery of damages for injuries to personal property, when the 
amount of damages sought to be recovered, as claiined by plaintiff, ex- 
clusive of costs, exceeds one thousand dollars ($1,000). 

Second — Cases to be designated and hereinafter referred to as cases 
of the second class, which shall include all cases of criminal nature of 
the grade of felony arising in the qity of Chicago, except cases of treason 
and murder, and habeas corp>us cases. 

Third — Cases to be designated and hereinafter referred to as cases of 
the third class, which shall include all cases of criminal nature below the 
grade of felony arising in the city of Chicago, except habeas corpus cases. 

Fourth — Cases to be designated and hereinafter referred to as cases 
of the fourth class, which shall include (a) all civil actions quasi 
criminal actions excepted, for the recovery of money only when the 
amount claimed by the plaintiff, exclusive of costs, does not exceed one 
thousand dollars ($1,000) ; (b) all actions of replevin, proceedings for 
the trial of the right of property and all other actions for the recovery 
of personal property when the value of the property sought to be 
recovered does not exceed one- thousand dollars ($1,000) ; (c) all actions 
of forcible detainer, except as hereinafter in this section stated; and (d) 
all actions and proceedings of which justices of the peace are now given 
jurisdiction by law and which are not otherwise provided for in this Act, 
in which class of actions and proceedings the municipal court shall have 
jurisdiction when the amount sought to be recovered does not exceed one 
thousand dollars ($1,000). In any action of the fourth class for the 
recovery of money only, judgment may be rendered for over one thousand 
dollars ($1,000) when the excess over one thousand dollars ($1,000) 
shall consist of interest or damages or costs accrued after the commence- 
ment of such action. Actions of attachment and distress for rent shall 
1)6 deemed as of the first or fourth class as may be determined by the 
amount sought to be recovered and not l)y the value of the property 
attached or distrained. Actions of forcible detainer shall be deemed to 
be of the fourth class, except when there is joined with the claim for 
possession of the property demanded, a claim for rent or damages for 
withholding possession exceeding one thousand dollars ($1,000). The 
amount involved in any action on a bond shall be determined by the 
amount actually sought to be recovered and not by the penalty of the 
bond. 

Fifth — Cases to be designated and hereinafter referred to as cases of 
the fifth class, which shall include all r/uasi criminal actions, excepting 
bastardy cases. 



214 COURTS. 



Sixth — Cases to be designated and hereinafter referred to as cases of 
the sixth class^, which shall include (a) all proceedings for the prevention 
of the commission of crimes; (b) all proceedings for the arrest, examin- 
ation, commitment and bail of persons charged with criminal offenses; 
(c) all proceedings pertaining to searches and seizures of personal prop- 
erty by means of search warrants, and (d) bastardy cases. 

§ 3. Both in direct and in collateral proceedings the same presump- 
tions shall be indulged with respect to the jurisdiction of the municipal 
court over the subject matter of suits and over the parties thereto, and 
with respect to the regularity of the proceedings of said municipal court, 
as are indulged with respect to the jurisdiction and regularity of the 
proceedings of circuit courts in like cases. 

§ 4. For the purpose of said municipal court the city of Chicago 
shall be divided into districts, which^ until otherwise provided, shall be 
two in number and their territorial lirpits shall be as follows : 

The first district shall comprise the entire city of Chicago, exclusive 
of the second district as hereinafter described. 

The second district shall comprise the territory bounded as follows : 
Beginning at the point of intersection of the center lines of Cottage 
Grove avenue and Seventy-first street, in said city; running thence east 
along the center line of said Seventy-first street as extended into Lake 
Michigan to the eastern boundary line of the territorial jurisdiction of 
said city in said lake ; thence along said boundary line in a southeasterly 
direction to a point where said boundary line intersects with the north 
extension of the eastern land boundary line of said city ; thence south 
along said eastern land boundary line to the southern limits of said 
city; thence west along the southern boundary line of said city to a 
point Avhere said southern boundary line would intersect with the center 
line of Cottage Grove avenue if extended due south to said southern 
boundary line; thence north along such extension of the center line of 
Cottage Grove avenue to a point where said center line intersects with the 
east and west half section line of section twenty-seven (27) in township 
thirty-seven (37) north, range fourteen (14) east of the Third Prin- 
cipal Meridian; thence west along said half section line to the east line 
of the Illinois Central railroad right-of-way; thence along the east 
line of said right-of-way in a northeasterly direction to a point where 
the east line of said right-of-way intersects with the center line of 
Ninety-fifth street; thence west along said center line of Ninety-fifth 
street to the center line of Cottage Grove avenue; thence north along 
the center line of Cottage Grove avenue to the' place oi beginning. As 
many branch courts shall be held in each district as may be determined 
b}^ the chief justice of said municipal court to be necessary for the 
prompt and proper disposition of the business of said court: Provided, 
however, that at least one branch court shall be held in each district. 
Such branch courts may be given such designation by numbers or 
otherwise as may be determined by the chief justice. 

§ 5. Said branch courts shall be held at such places in said city of 
Chicago as may be provided for that purpose by the corporate authori- 
ties thereof. If no place be provided by the corporate authorities of 



COURTS. 215 



said city for tlit; holding of any branch caurt, or if the place so provided 
become unfit, said brancli court may, by an order signed by the majority 
of the judges of said municipal court, and entered upon the records of 
said branch court, adjourn to or convene at a suitable place for holding 
said branch court, procured for that purpose by said judges, within the 
district in which the same is located and at such place may hold said 
branch court, until a suitable place therefor be furnished by said corpo- 
rate authorities. 

§ 6. Said court shall have seals for each district and may from time 
to time, as may be necessary, renew the same. The expense of said seals 
and renewing the same shall be paid by the city of Chicago. 

§ 7. The clerk of the municipal court shall keep on hand and fur- 
nish to suitors and attorneys o.n application printed blank forms of 
praecipes, statements of claim, summonses, entries of appearance, affida- 
vits, bonds, attachment writs, replevin writs, petitions for changes of 
venue, and all other necessary papers, for the use of the parties to suits 
in such court. Forms for such papers shall be prescribed by the chief 
justice of the municipal court. Expenditures for printing and dis- 
tributing to the public statistics regarding the court and all blanks, 
books, papers, stationery and furniture necessary to the keeping of the 
records of the proceedings of such municipal court, and the transaction 
of the business thereof, shall be furnished the officers«of such court at 
the expense of the city of Chicago. All other expenditures an account 
of such court that may be authorized by the city council, and that are 
not specifically mentioned in this Act, and all salaries of the judges and 
officers of said court shall be paid out of the city treasury. 

§ 8. Said municipal court shall consist of thirty-one (31) judges, 
being the twenty-eight (28) heretofore specifically provided for by 
statute and the three (3) additional judges authorized by ordinance of 
the city council of the city of Chicago. One of said judges shall be 
chief justice and the remaining thirty (30) shall be associate judges. 
Each branch court shall be presided over by a single judge of the 
municipal court. The chief justice, in addition to the exercise of all 
the other powers of a judge of said court, shall have the general superin- 
tendence of the business of said court; he shall preside at all meetings 
of the judges, and he shall assign the associate judges to duty in the 
branch courts, from time to time, as he may deem necessary for the 
prompt disposition of the business thereof, and it shall be the duty of 
each associate judge to attend and' serve at any branch court to which 
he may be so' assigned, but the chief justice shall assign only such 
number of judges to the trial and disp9sition of cases of the first class 
mentioned in section two (2) of this Act, from time to time, as may 
not be needed for the prompt disposition oi the other business of the 
court. Each associate judge shall, at the commencement of each month, 
make to the chief justice, under his official oath, a report in writing of 
the duties performed by him during the preceding month, which report 
shall specify the number of days' attendance in court o.f such judge 
during such month, and the branch courts upon which he has attended, 
and the number of hours per day of such attendance, for which the chief 



316 COURTS. 



justice shall cause suitable blanks to be prepared and furnished to the 
associate judges. Each judge shall be entitled vacations, which shall 
not exceed thirty-six days in all in one year, and which shall be taken 
at such time as may be determined by the chief justice. The chief 
justice must give his attention faithfully to the discharge of the duties 
especially pertaining to his office and to. the performance of such addi- 
tional judicial work as he may be able to perform. Each associate judge 
must perform his share of the labors and duties appertaining to the 
office. All judges sitting in the municipal court in the city of Chicago 
must be in attendance in the respective branches to which they are 
assigned in all districts, five (5) hours of each day, except Sunday, a 
public holiday, or a day upon which the inhabitants of the city of 
Chicago generally refrain from business, and each associate judge, while 
in the court room or in chambers, and not actually engaged in the 
performance of other official duties, must act upon any application for 
his official action properly made to. him. At least one judge must be 
in attendance at some convenient branch court in the city hall of Chi- 
cago in the first district from 7 :30 o'clock p. m. to 12 :00 o'clock mid- 
night, on each day of the week, except Sunday, for the admitting to 
bail persons arrested or detained in the county jail or city lockup. The 
chief justice may appoint such numbey of assistants, not exceeding four, 
as he may deem necessary, whose salaries shall be fixed by the majority 
of the judges : Provided, that the salaries of two of said assistants shall 
not exceed four thousand dollars ($4,000) each per annum, and that 
the salaries of the remaining two of said assistants shall not exceed 
eighteen hundred dollars ($1800) each per annum. Said assistants 
shall have power to administer oaths and shall perform such duties as 
may be required of them by the chief justice, but shall not exercise any 
judicial powers. It shall be the duty of the chief justice and the asso- 
ciate judges to meet together at least once in each month, excepting the 
month of August, in each year, at such hour and place as may be 
designated by the chief justice, and at such other times as may be 
required by the chief justice, for the consideration of such matters 
pertaining to the administration of justice in said court as may be 
JDrought before them. At such meetings they shall receive and investi- 
gate, or cause to be investigated, all complaints presented to them 
pertaining to said court, and to the officers thereof, and shall take such 
steps as they may deem, necessary or proper with respect thereto, and 
they shall have power and it shall be their duty to adopt or cause to b*e 
adopted all such rules and regulations for the proper administration 
of justice in said court as to them may seem expedient. 

The salaries of the chief justice and associate judges shall be fixed by 
the city council: Provided, however, that the salary of the chief justice 
shall not be less than ten thousand dollars ($10,000) per annum, and 
that the salary^ of an associate judge shall not be less than six thousand 
dollars ($6,000) per annum, and that the salary of no judge shall exceed 
the salary and compensation, fixed from time to time by law for a judge 
of the circuit court of Cook county, and that the salary of no judge shall 



COURTS. • 217 



be increased or diminished during the term for which he shall have been 
elected : And, provided furtliei\ that until the fixing of the salaries l)y 
the city council the salary of the chief justice shall be ten thousand dol- 
lars ($10^000) per annum, and the salary of an associate judge shall be 
six thousand dollars ($6,000) per annum. Such salaries shall be pay- 
able in monthly installments out of the city treasury. 

§ 9. The terms of office of the chief justice and associate judges of 
said court that have heretofore been elected shall extend during the 
respective periods foj which they were elected and until their respective 
successors shall be elected and qualified. On the first Tuesday after 
the first Monday in November, A. D. 1914, there shall be elected 
ten associate judges as successors in office to the ten associate judges of 
said court whose terms of office will expire in the year A. D. 1914. Said 
associate judges so to be elected in the year A. D. 1914, shall enter upon 
the discharge of their duties on the first Monday of December following 
their election, and their terms of office shall extend from that time until 
the third Monday of April, A. D. 1921, and until their successors shall 
have been elected and qualified. On the first Tuesday of April, A. D. 
1921, and on the first Tuesday of April every sixth year thereafter, there 
shall be elected ten associate judges as successors in office to the ten 
associate judges of said court so to be elected in the year A. D. 1914. On 
the first Tuesday after the first Monday in November, A. D. 1916, there 
shall be elected ten associate judges as successors in office to the ten asso- 
ciate judges of said court whose terms of office will expire in the year A. 
D. 1916. Said associate judges so to be elected in the year A. D. 1916. 
shall enter upon the discharge of their duties on the first Monday of 
December following their election and their terms of office shall extend 
from that time until the third Monday of April, A. D. 1923, and until 
their successors shall have been elected and qualified. On the first Tues- 
day of April, A. D. 1923, and on the first Tuesday of April every sixth 
year thereafter, there shall be elected ten associate judges as successors 
in office to the ten associate judges of said court so to be elected in the 
year A. D. 1916. On the first Tuesday after the first Monday in Novem- 
ber, 1918, there shall be elected a chief justice and ten associate judges 
as successors in office to the chief justice and ten associate judges of said 
court, whose terms o.f office will expire in the year A. D. 1918. Said 
chief justice and associate judges so to be elected in the year A. D. 1918 
shall enter upon the discharge of their duties on the first Monday of 
December following their election and their terms of office shall extend 
from that time until the third Monday of April, A. D. 1925, and until 
their successors shall have been elected and qualified. On the first Tues- 
day of April, 1925, and on the first Tuesday of April every sixth year 
thereafter, there shall be elected a chief justice and ten associate judges 
as successors in office to the chief justice and ten associate judges of said 
court so to be elected in the year A. D. 1918. The chief justice and 
associate judges of said court to be elected after the respective dates of 
election above provided for shall enter upon the discharge of their duties 
upon the third Monday of the month of April in which they shall have 
been elected, and shall hold office for the term of six years and until their 



218 COIJRTS. 



respective successors shall be elected and qualified. Whenever a vacancy 
occurs in the office of chief justice or associate judge of the municipal 
Court, the chief justice or acting chief justice, as the case may be, shall 
forthwith notify the Governor thereof, who shall call an election for the 
purpose of filling such vacancy at the regular municipal, judicial or other 
general election which shall occur next after a period of sixty (60) days 
from the time such vacancies respectively occur, but where the unexpired 
term does not exceed one year, the vacancy shall be filled by appointment 
by the Governor. Whenever a vacancy occurs in the office of chief 
justice, or whenever the chief justice shall be absent from the city of 
Chicago, or incajoacitated from acting, the associate judges shall select 
one of their number to act as chief justice until such vacancy shall be 
filled by election or appointment, as above provided for, or until the 
return of the chief justice, or until his incapacity ceases. 

§ 10. No person shall be eligible to the office of chief Justice or of 
associate judge of the municipal court unless he shall be at least thirty 
years of age and a citizen of the United States, nor unless, he shall have 
resided in the county of Cook and been there engaged, either in active 
practice as an attorney and counsellor at law or in the discharge of the 
duties of a judicial office, five years next preceding his election, or in one 
of said occupations during a portion of said time and in the other the 
remaining portion thereof, and shall, at the time of his election, be a 
resident of the city of Chicago. 

§ 11. Every chief justice and associate judge of such municipal 
court, before he enters upon the duties of his office, shall take and sub- 
scribe the following oath or affirmation: 

I do solemnly swear (or affirm, as the case may be) that I will sup- 
port the Constitution of the United States and the Constitution oi the 
State of Illinois, and that I will faithfully discharge the duties of the 
office of chief justice (or associate judge) of the municipal court of 
Chicago according to the best of my ability. 

Said oath shall be filed in the office of the Secretary of State. 

§ 12. Whenever two-thirds in number of the judges of the municipal 
court shall transmit to the city council of the city of Chicago a certifi- 
cate signed by them that in the opinion of sa:id judges the business of 
said municipal court is such as to require an increase in the number of 
the associate judges of said municipal court, said city council may, by 
ordinance or ordinances, provide for an increase of not more than nine 
in the number of said judges, who shall be elected, one-third for two 
years, one-third, for four years and one-third for six years, at the next 
ensuing election, at which municipal court judges are to be elected 
hereunder. The judges elected in accordance with such ordinance or 
ordinances shall hold their offices for the said respective periods for 
which they shall have been elected and until their successors shall be 
elected and qualified, and every two years thereafter their respective 
successors shall be elected for the full term of six years. But, after the 
number of associate judges has been increased to thirty-nine (39) no 
subsequent increase thereof shall be made by the city council. 



COURTS. 219 



§ 13. The judges of said municipal court may interchange with 
judges of other city courts, and with county judges, and said respective 
judges may hold court for each other and perform each other's duties 
when they find it necessary or convenient. 

§ 14. There shall be a clerk of said municipal court. The clerk of 
said court heretofore elected shall hold his office for the period for which 
he w^as elected and until his successor shall have been elected and quali- 
fied. On the first Tuesday after the first Monday of November, A. D. 
1918, there shall be elected a clerk of said court as successor in office 
to the clerk of said court heretofore elected, Avho shall enter upon the 
discharge of the duties of his office on the first Monday of December 
following his election, and whose term of office shall extend from that 
time until the third Monday o,f April, A. D. 1925, and until his suc- 
cessor shall have been elected and qualified. On the first Tuesday of 
April, A. D. 1925, and on the first Tuesday of April every sixth year 
thereafter, there shall be elected a successor in office to such clerk, whose 
term of office shall begin upon the third Monday of April in which he 
shall have been elected and shall extend six years, and until his suc- 
cessor shall have been duly elected and qualified. He shall perform, 
with respect to said municipal court, the duties usually performed by 
clerks of courts of record. He shall give his personal attention to the 
performance of the duties of his office. He shall maintain an office in 
each district, and each office shall be kept open for the transaction of 
business from half-past eight o'clock a. m. to half -past five o'clock 
p. m. of each working d,ay during the year, excepting that on Saturdays 
the clerk may close such of his offices as he may deem proper at one 
o'clock p. m. : Provided, however, that for the purpose of receiving 
and filing papers and issuing writs, and the performance of other work, 
the chief justice may require the attendance, during additional hours 
of each day, of such number of deputy clerks as may be necessary for 
that purpose. The clerk shall maintain in his principal office in the 
first district, a bureau of information to which any attorney at law or 
any party to any suit in said court may apply, either in person or by 
telephone, or otherwise, for any information respecting the proceedings 
in such suit, or the papers' filed therein, which such attorney or party 
may deem necessary, and by means of which bureau such attorney or 
party may obtain such information without charge being made therefor : 
Provided, however, that the clerk shall not be personally responsible for 
any mistake made by any deputy clerk with respect to such information. 
It shall be the duty of the clerk, under the direction and supervision of 
the chief justice, to keep, from day to day, complete statistics of the 
work of his office. Until otherwise provided by the rules which may 
be adopted under the provisions of this Act, the powers, duties and 
liabilities, the oath of office and the bond and conditions thereof, of 
such clerk shall be the same, as near as may be, as^those prescribed by 
law for clerks of courts by the Act entitled, "An Act to revise the law 
in relation to clerks o.f courts," approved March 25, 1874, and in force 
July 1, 1874. The amount of the bond to be given by the clerk shall 



220 COUETS. 



be fixed by a majority of the judges of said court and said bond shall 
be approved by the chief justice of said court and filed with the Secre- 
tary of State of the State of Illinois. The charges for the premium to 
be paid foj the procuring of the bond shall be paid out of tlie city 
treasury. He shall be commissioned by the Governor. When a vacancy 
occurs in the office of clerk and the unexpired term exceeds one year, 
the judges shall appoint a clerk pro tempore, who shall qualify by 
giving bond and taking the oath required by law of the clerk, and 
thereupon such appointee shall perform all the duties required of a 
duly elected clerk of said court, and shall receive a like salary, and 
shall hold such office until some person is elected and qualified accord- 
ing to law to fill such vacancy. Whenever any such vacancy occurs, 
the chief justice shall forthwith notify the Governor thereof, who, upon 
receiving such notice, shall, as soon thereafter as may be practicable, 
issue a writ of electioji, as in other cases. When a vacancy occurs in 
the office of clerk and the unexpired term is less than one year, the- 
judges shall appoint a clerk pro tempore, who shall qualify by giving 
bond and taking the oath as required by law of the clerk, and thereupon 
such appointee shall perform all the duties required of a duly elected 
clerk of said court and shall receive a like salary, and shall hold such 
office until some person is elected and qualified according to law to fill 
such vacancy. The salary of the clerk shall be fixed by the city council : 
Provided, however, that such salary shall not be less than six thousand 
dollars ($6,000) per annum and that it shall not exceed the salary 
which may be fixed for an associate judge of "^he municipal court, and 
that it shall be neither increased nor diminished, during the term for 
which the clerk shall have been elected : And, provided, further, that 
until the fixing of the salary by the city council the salary of the clerk 
shall be six thousand dollars ($6,000) per annum. Such salary shall 
be payable in monthly installments out of the city treasury. The clerk 
may employ an attorney at a salary not to exceed five thousand dollars 
($5,000) per annum, to be fixed annually by a majority of the judges 
of the municipal court, which salary, together with all reasonable 
expenses incurred by the clerk in prosecuting or defending suits brought 
by or against him in his official capacity, shall be paid out of the city 
treasury. 

§ 15. Said clerk shall appoint such number of deputies as may be 
determined, from time to time, by a majority of the judges of the 
municipal court by orders signed by them and spread upon the records 
of said court. The salaries of deputy clerks shall be fixed, from time 
to time, by orders signed by a majority of the judges of the municipal 
court and spread upon the records of the court, and shall be payable 
out of the city treasury in monthly installments : Provided, however, 
that the salary of the chief deputy clerk shall be four thousand dollars 
($4,000) per annum, and that the salary of two assistant chief deputy 
clerks shall be three thousand dollars ($3,000) per annum each, and 
that the salary of one deputy clerk, to be known as auditor, shall be 
three thousand dollars ($3,000) per annum, and that the salary of one 



COURTS. . 221 



deputy clerk, to be known as secretary to the clerk of the municipal 
court, shall be eighteen hundred dollars ($1,800) per annum, and that 
the salary of ojie deputy clerk, to be known as the information clerk, 
shall be two thousand five hundred dollars ($3,500) per annum, and 
that the salaries of not more than four additional deputy clerks other 
than those who may be employed as shorthand reporters shall exceed 
eighteen eighteen hundred dollars ($1800) per annum. Such number 
of deputy clerks so appointed as the judges may deem necessary shall 
be competent shorthand reporters, capable of correctly taking down 
stenographically and transcribing the proceedings of courts, and shall 
perform such duties with respect to attending upon the taking down 
stenographic reports of the proceedings of said courts as may be required 
by the judges, and for making and furnishing transcripts of their steno- 
graphic reports aforesaid, said deputy clerks shall be allowed to make 
such reasonable charge, not exceeding fifteen cents per hundred words, 
to the parties to whom such transcripts are furnished, as may be deter- 
mined by the judges, and the judges may allow said deputy clerks to 
retain, as "additional compensation for their services, such proportion as 
the judges may deem reasonable of the charges so collected, the balance 
of such charges to be accounted for by such deputy clerks in the same 
manner as costs collected by them. Such deputy clerks shall take the 
same oath or affirmation required of the clerk of said municipal court 
and shall give bonds to be approved by the chief justice of said court, 
coaiditioned, as near as may be, like the bond required of the clerk. 
The premium of said bonds, if the surety thereon shall be a surety 
company or companies authorized to. do business in this State under 
the laws thereof shall be paid out of the city treasury : Prcnnded. 
however, that the amount of said premium shall not exceed one-half of 
one per cent per annum oji the amount of all bonds. Any deputy clerk 
shall be subject to removal for cause upon proper notice, hearing and 
proof, at any time by an order signed by a majority of the judges of 
the municipal court and spread upon the records of said court. Any 
deputy clerk may likewise be renewed by the clerk: Provided, however, 
that any deputy clerk so. removed may be restored to his position as 
such deputy clerk by an order signed by a majority of the judges of 
the municipal court and spread upon the records of the court. The 
number of deputy clerks may be reduced at any time by ah order signed 
by a majority of the judges of said municipal court and spread upon 
the records of said court. 

§ 16. There shall be a bailiff of said municipal court. The bailiff 
of said court heretofore elected shall hold his office for the period for 
which he was elscted and until his successor shall have been elected and 
qualified. On the first Tuesday after the first Monday of jSTovember, 
A. D. 1918, there shall be elected a bailiff of said court as successor in 
office to th-e bailiff of said court heretofore elected, who shall enter upon 
the discharge of the duties of his office on the first Monday of December 
following his election, and whose term of office shall extend from that 
time until the third Mondav of April, A. D. 1925, and until his sue- 



222 COURTS. 



cesser shall have been elected and qualified. On the first Tuesday of 
April, A. D. 1925, and an the first Tuesday of April every sixth year 
thereafter, there shall be elected a successor in office to such bailiff, 
whose term of office shall begin upon the third Monday of April in 
which he shall have been elected and shall extend six years and until 
his successor shall have been duly elected and qualified. He shall per- 
form, with respect to said municipal court, the duties usually performed 
by sheriffs in respect to attendance upon and service and execution of 
the process, and abedience of the lawful orders and directions of a 
circuit court. He shall give his personal attention to the performance 
of the duties of his office. He shall maintain an office in each district 
and each office shall be kept open for the transaction of business from 
half-past eight o'clock a. m. to half-past five o'clock p. m. of each 
working day during the year, excepting that on Saturdays the bailiff 
may close such of his offices as he may deem proper at one o'clock p. m. 
It shall be the duty of the bailiff, under the direction and supervision 
of the chief justice, to keep, from day to day, complete statistics of the 
work of his office. Until otherwise provided by the rules which may 
be adopted under the provisions of this Act, the powers, duties and 
liabilities, the oath of office, and the bonds and conditions thereof, of 
such bailiff shall be the same, as near as may be, as those prescribed 
by law for sheriffs, with respect to attendance upon, and service and 
execution of the process, and obedience of the lawful orders and direc- 
tions, of a circuit court. The amount of said bond shall be fi-fty 
thousand dollars, and shall be approved by a majority of the judges of 
said municipal court, and shall be filed with the Secretary of State. 
The premium on said bond, if the surety thereon shall be a surety com- 
pany or companies authorized to do. business in this State under the 
laws thereof, shall be paid out of the city treasury : Provided, however, 
that the amount of said premium shall not exceed one-half of one per 
cent per annum on the amount of said bond. He shall be commissioned 
by the Governor. When a vacancy occurs in the office of bailiff and the 
unexpired term exceeds one year, the judges shall appoint a bailiff 
p7'o tempore, who shall qualify by giving bond and taking the oath as 
required by law of the bailiff, and thereupon such appointee shall per- 
foxm all the duties required of a duly elected bailiff of said court, and 
shall receive a like salary, and shall hold such office until some person 
is elected and qualified according to law to fill such vacancy. Whenever 
any such vacancy occurs, the chief justice shall forthwith notify the 
Governor thereof, who, upon receiving such notice, shall, as soon there- 
after as may be practicable, issue a writ of election as in other cases. 
When a vacancy occurs in the office of bailiff and the unexpired term is 
less than one year, the judges shall appoint a bailiff pro tempore, who 
shall qualify by giving bond and taking the oath required by law of 
the bailiff and thereupon such appointee shall perform all the duties 
required of a duly elected bailiff of said court and shall receive a like 
salary and shall hold such office until some person is elected and quali- 
fied according to law to fill such vacancy. It shall be unnecessary to 



COUMS. S^3 



serve any process of svimmons upon the bailiff in any suit against him 
commenced in the municipal court. In lieu of the service of such 
process the clerk shall give notice in writing to the bailiff of the com- 
mencement of such suit at least three clays before the day set far the 
trial of such suit and the bailiff shall thereupon forthwith enter his 
appearance therein, such entry of appearance to be made without any 
advance payment of costs. The salary of the bailiff shall l)e fixed by 
the city council : Promded, however, that such salary shall not be less 
than six thousand dollars ($6,000) per annum and that it shall not 
exceed the salary which may be fixed for an associate judge o,f the 
municipal court and that it shall neither be increased nor diminished 
during the term for which the bailiff shall have been elected: A7id, 
provided, further, that until the fixing of the salary by the city council 
the salary of the bailiff shall be six thousand dollars ($6,000) per; 
annum. Such salary shall be payable in monthly installments out of 
the city treasury. The bailiff may employ an attorney at a salary of 
not more than five thousand dollars ($5,000) per annum, to be fixed 
annually by a majority of the judges of the municipal court, which 
salary, together with all expenses incurred by the bailiff in prosecuting 
or defending suits brought by or against him in his official capacity, 
shall be paid out of the city treasury. All suits commenced by the 
bailiff or against him in his official capacity, and pending in any court 
at the time of the expiration of his term of office or at the time of his 
death, resignation or removal from office, and suits that may be com- 
menced by or against him in his official capacity, shall be prosecuted or 
defended, as the case may be, by such bailiff or his legal representatives 
at the expense of the city of Chicago, and said necessary expense, 
together with such reasonable attorney's fees as shall be fixed by a 
majority of the judges of the municipal court, shall be paid out of the 
city treasury : Provided, however, that nothing herein contained shall 
be construed to require the city of Chicago to pay any judgment or costs 
recovered against the bailiff. 

§ 17. Said bailiff shall appoint such number of deputies as may be 
determined from time to time, by a majority of the judges of the muni- 
cipal court by orders signed by them and spread upon the records of said 
court. The salaries of deputy bailiffs shall be. fixed, from time to time, 
by orders signed by a majority of the judges of the municipal court and 
spread upon the records of the court and shall be payable out of the city 
treasury in monthly installments : Promded, however, that the salary 
of the chief deputy bailiff shall be four thousand dollars ($4,000) per 
a^nnum, and that the salary of two assistant chief deputy bailiffs shall be 
two thousand five hundred dollars ($2,500) per annum, each, and that 
the salary of one deputy bailiff shall be two thousand dollars ($3,000) per 
annuTji, and that the salary of the secretary to the bailiff of the municipal 
court shall be two thousand dollars ($2,000) per annum, and that the 
salary of no other deputy bailiff shall exceed eighteen hundred dollars 
($1,800) per annum. Such deputy bailiffs shall take the same oath or 
affirmation required of the bailiff of said municipal court and shall give 



224 COURTS. 



bonds. The premium on said bond, if the surety thereon shall be a surety 
company or companies authorized to do business in this State under the 
laws thereof, shall be paid out of the city treasury : Provided, liowmer, 
that the amount of said premium shall not exceed Y2 o"^ 1 pei' cent 
per annum on the amount of said bond, to be approved by the chief justice 
of said court conditioned, as near as may be, like the bond required of 
the bailiff. The bailiff and deputy bailiffs of the municipal court shall 
be ex officio police officers of the city of Chicago. Any deputy bailiff 
shall be subject to removal for cause upon proper notice, hearing and 
proof at any time by an order signed by a majority of the judges of tbe 
municipal court and spread upon the records of said court. Any deputy 
bailiff may likewise.be removed by the bailiff: Provided, however, that 
any deputy bailiff so removed may be restored to his position by an order 
signed by a majority of the judges of said municipal court and spread 
upon the records of said court. The number of deputy bailiffs may be 
reduced at any time by an order signed by a majority of the judges of 
said municipal court and spread upon the records of said court. Every 
police officer of the city of Chicago, and of every board of park commis- 
sioners, whose territory is situated within said city, shall be ex officio a 
deputy bailiff of the municipal court, and shall perform from time to 
time such duties in respect to criminal and quasi criminal cases within 
the jurisdiction of said court as may be required of him by said court 
or any judge thereof : Provided, however, that the bailiff shall not be 
responsible for any of the acts of such ex officio deputy bailiff. 

§ 18. Neither the clerk nor the bailiff nor any deputy clerk nor deputy 
bailiff of said municipal court shall receive, aside from the salary and the 
costs by this Act required to be paid to him in his official capacity, any 
money, property or other valuable thing, as a gratuity or otherwise, for 
the performance of any duty imposed upon him by virtue of his office, 
or for the performance of any work of any kind or character in any man- 
ner connected therewith. It shall be the duty of the judges of said muni- 
cipal court to remove from office any deputy clerk or deputy bailiff who 
shall violate either of the provisions of this section. No clerk or bailiff, 
or deputy clerk or deputy bailiff, of the municipal court shall be ap- 
pointed receiver or guardian ad litem in any suit therein pending. 

§ 19. Until otherwise determined by rules of said court, and except 
as by this Act is otherwise prescribed, the practice and procedure in the 
municipal court shall be the same, as near as may be, as that which may 
from time to time be prescribed by law for similar suits or proceedings 
in circuit courts. Said municipal court shall be the sole judge of the 
applicability to the proceedings of said court of rules of practice and 
procedure prescribed by law for similar eases in circuit courts, and its 
decisions in respect thereto shall not be subject to review upon appeal 
or writ of error: Provided, however, that upon appeal or writ of error 
the Supreme Court or the appellate court, as the case may be, may grant 
relief from any such decision in any case where, in the opinion of the 
Supreme Court or appellate court, such relief is .necessary to prevent a 
failure of justice. 



COURTS. 335 



§ 20. The judges of said municipal court shall have power, to 
adopt, in addition to the provisions herein contained prescribing the prac- 
tice and procedure in said municipal court, or in lieu of any portion or 
portions of the provisions concerning practice and procedure in circuit 
courts, such rules regulating the practice and procedure in said municipal 
court as they may deem necessary or expedient for the proper administra- 
tion of justice therein : Provided, however, that no such rule or rules so 
adopted shall be inconsistent with those expressly provided for by this 
Act. The adoption of said rules shall be accomplished by an order signed 
by a majority of said judges, which order, when made, shall be forthwith 
spread upon the records of the municipal court and shall be printed in 
pamphlet form, at the expense of the city. The Supreme Court and the 
appellate court, in cases brought before them from the municipal court, 
shall take judicial notice of the rules of practice from time to time in 
force in said municipal court. 

§ 31. Until otherwise determined by rules of said court, the issues in 
cases of the first, fourth and fifth class shall be determined in said court 
without other forms of written pleadings than those hereinafter expressly 
prescribed or provided for. All cases of the second and third class shall 
be prosecuted by complaint or information in accordance with such rules 
as may be hereinafter prescribed or provided for, or in cases not herein 
otherwise provided for, by such rules of practice as may be prescribed by 
law for similar cases in the criminal court of Cook county. 

§ 22. If the method of procedure in any case within the jurisdiction 
of the municipal court is not suificiently prescribed by this Act or by any 
rule of court adopted in pursuance hereof, the court may make such pro- 
vision for the conducting and disposing of the same as may appear to the 
court proper for the just determination of the rights of -the parties. 

§ 33. The municipal court shall take judicial notice of all matters of 
which courts of general jurisdiction of this State are required to take 
judicial notice, and also the following : 

1. All general ordinances of the city of Chicago and all general ordi- 
nances of every municipal corporation whose territory is situated in whole 
or in part within the limits of the city of Chicago, and all ordinances of 
any municipal corporation remaining in force after the annexation of 
the territory of such municipal corporation, in whole or in part, to the 
city of Chicago, and of the legal publication of said ordinances. 

2. All laws of a public nature enacted by any state or territory of the 
United States. 

§ 24. The petit jurors for the trial of cases in said municipal court 
shall be provided by the jury commissioners of the count}^ of Cook in the 
same manner and from the same lists, as near as may be, as petit jurors 
are provided for the circuit, superior and criminal courts of Cook county. 
The names of the necessary number of petit jurors required from time to 
time in said municipal court shall be furnished by said jurv commis- 
sioners upon demand to the clerk of the municipal court and the venires 



— 1.-. L 



226 COURTS. 



for such jurors shall be directed to and served by the sheriff of Cook 
county at the expense of said county, and the fees of said jurors shall 
be paid out of the city treasury. The number of petit jurors to be sum- 
moned from time to time shall be determined by the chief justice. 

§ 25. It shall be the duty of the chief justice of the municipal court 
to cause to be interrogated all petit jurors summoned for service in the 
municipal court, and to cause to be enquired into the qualifications of said 
jurors and to reject from service as jurors all persons who do not appear 
to possess the qualifications required by law, and to cause the summoning 
of persons competent to serve as jurors. Said chief justice shall have 
power to postpone, from time to time, the period of service of any juror 
so summoned to any subsequent period, not more than six months from 
the time for which he shall have been summoned or notified to appear 
for service. 

§ 26. In all cases tried by jury in the municipal court each party 
shall be entitled to a challenge of the same number of jurors, without 
showing cause for such challenge, as are allowed in similar cases in the 
circuit court and in the criminal court of Cook county, and challenges 
for statutory and other causes shall be allowed as in similar cases in the 
circuit court and in said criminal court of Cook county. It shall be the 
duty of the judge presiding at the trial to examine or cause to be ex- 
amined all jurors called into the jury box in any case with respect to 
their statutory Cjualifications to serve as petit jurors in such case, unless 
said examination shall have been previously made as above provided, and 
to permit the plaintiff and the defendant to propound to the jurors such 
pertinent questions as may be necessary for the purpose of ascertaining 
whether the jurors are biased or preju.diced; but on appeal or writ of 
error to review any judgment of said municipal court in any case tried 
therein b}^ a jury, no assignment of errors shall be allowed which shall 
call in question any ruling of the court pertaining to or connected with 
the impaneling of the jury, other than one improperlv restricting the 
right of a party to examine the jurors as to bias or prejudice, or improp- 
erly overruling a challenge by a party of a juror for bias or prejudice. 

§ 27. In trials by jury in the municipal court, the court shall charge 
the jury as to the law only, and the charge may, in the discretion of the 
court, be given orally or in writing ; but when given orally it shall, at the 
request of either party, be taken down in shorthand, and a transcript 
thereof shall be made and shall be signed by the judge and filed in the 
cause in which such charge is given, and shall be made a part of the 
record in such cause. 

§ 28. No suit of the first or fourth class shall be maintained in the 
municipal court unless the defendant, if there be but one defendant, is 
found, in a case of the first class, within the city of Chicago, or, in a case 
of the fourth class, within the district in which the suit is brought, but 
when in a case of the fourth class, there are two or more defendants, one 
of whom is served with process within the district in which the suit is 
brought, such summons or other writ may be served at any place in the 
city of Chicago : Provided, however, that no judgment shall in any ease 



COURTS. 227 



of the fourth class, be rendered against any defendant served with pro- 
cess outside of the district in which the suit is brought unless judgment 
be also rendered against a defendant served within such district. But 
all cases of the first class and all suits against municipal corporations 
shall be brought in the first district. The provisions of this section shall 
not apply to cases of attachment, garnishment, replevin, distress for rent, 
forcible detainer or trial of the right of property, which suits may be 
brought in the municipal court where the property, or any part thereof, 
to be affected, or any garnishee is found, in a case of the first class, within 
the city of Chicago, or, in a case of the fourth class, within the district 
in which such suit is brought, and in any such case of the fourth class, if 
the property or any part thereof to be affected, or any garnishee be found 
within the district in which suit is brought, process may be served upon 
any defendant or garnishee at any place within the city of Chicago. 
When, upon the complaint of any defendant, it shall be made to appear 
to the municipal court in any district that the suit has been improperly 
brought therein, the court shall not be required on that account to dis- 
miss the suit if the municipal court in any district could properly have 
jurisdiction thereof, but in such case the court may cause such suit to be 
transferred to the proper district, and the court in the district to which 
the same is transferred shall proceed therewith as if the same had been 
originally commenced in said district : Provided, however, that the court 
may, in its discretion, require the plaintiff to pay the costs of the defend- 
ant paid by him prior to such transfer: And, provided, further, that 
whenever a trial b)^ jury is demanded in any case, whether civil, criminal, 
or quasi criminal, the court may, in its discretion, direct the trial of said 
case to be had in the first district, and for that purpose may cause said 
case to be transferred to the first district to be there tried and disposed of. 
§ 29. Until otherwise provided by the rules of the municipal court, 
cases of the first and fourth class shall be commenced and prosecuted 
in said municipal court in the same manner in which similar suits and 
proceedings are required to be commenced and prosecuted in the circuit 
courts, except as is herein otherwise prescribed. Every such case of 
the first or fourth class, except cases of attachment, replevin, garnish- 
ment, distress for rent, forcible detainer, trials of the right of property, 
and confession of judgment brought in the municipal court shall be 
commenced by the filing by the plaintiff with the clerk of a praecipe 
for a summons specifying the names of the parties to the suit, the 
amount of the plaintiff's claim and date at which the summons shall 
be made returnable. In a case of the fourth class there shall also be 
filed with such praecipe a statement of plaintiff's claim ; in a case of the 
first class the plaintiff shall file such statement of plaintiff's claim within 
three days after the commencement of the suit; in default whereof the 
suit shall be dismissed unless the court, by an order entered in said 
suit, shall extend the time far filing such statement of claim. ISTc 
praecipe need be filed or summons issued or served in the case of the 



228 COURTS. 



confession of a judgment, but a statement and affidavit of claim shall 
be filed and such judgment may in all other respects be confessed in the 
same manner, as near as may be, as in a similar case in the circuit court. 

§ 30. The statement of plaintiff's claim, if suit be upon a contract, 
express or imj)lied, shall consist of a statement of the account or af the 
nature of the demand; or, if suit be for a tort, it shall consist of a 
brief statement of the nature of the tort and such further information 
as will reasonably inform the defendant of the nature af the case he is 
called upon to defend; but nothing herein contained shall be construed 
to require the statement of claim in any action to set forth the cause of 
action with the particularity required in a declaration at common law. 
The municipal court may adopt such rules and regulations as it may 
deem necessary to enable the parties, in advance of the trial, to ascer- 
tain the nature of the plaintiff's claim or claims, or of the defendant's 
defense or defenses. 

§ 31. .In first and fourth class cases for the recovery of money onl}-, 
and in actions of forcible detainer where a claim for rent or damages 
is joined with a claim for possession of the' property demanded, the 
plaintiff shall file with his statement of claim, or with his complaint in 
forcible detainer so demanding rent or damages as aforesaid, an affidavit 
sworn to by the plaintiff or by his agent or attorney showing the nature 
of his demand or verifying the statement of claim, or complaint in 
forcible detainer and showing the amount due from the defenclant after 
allowing to the defendant all his just credits, deductions and set-offs, if 
any: Provided, that in cases for the recovery of unliquidated damages 
such affidavit need not state the amount of damages claimed : And, 
provided, further, that in suits brought by municipal corporations, 
executors or administrators, no affidavit of claim need be filed. 

§ 32. In attachment, garnishment, replevin, distress for rent and 
forcible detainer cases, no statement shall be necessary. An affidavit 
for attachment, garnishment, replevin, copy of the distress warrant and 
complaint in forcible detainer shall be the only written pleadings 
required, except such written pleadings or statements as may be required 
from time to time by the rules of the municipal court. In garnish- 
ment cases the party for whose use the proceedings are instituted shall 
be designated jDlaintiff, the judgment debtor shall be designated defend- 
ant and the party upon whom garnishment process is served shall be 
designated garnishee. 

§ 33. Upon the filing of such praecipe or praecipe and statement of 
claim, the clerk of the court shall issue a summons, which shall state 
the amount of the plaintiff's claim, the day and hour when and the 
place where the defendant is required to appear, and shall be attested 
in like manner as a summons or other writ issued out of any other 
court of record : Provided, it shall not be necessary to "issue any sum- 
mons in case the defendant is to be notified by publication or posting 
of notices. Upon every summons in a case of the fourth class, there 
shall be printed in plain type the provisions of this Act pertaining to 
defaults in case of the non-appearauce of the defendant, and setting 



COURTS. 229 



of the case for trial in case of appearance, and such other information as 
may be prescribed by the chief justice; and in a case of the fourth class 
there shall be attached to the copy of any summons served upon the 
defendant, a copy of the plaintiff's praecipe and statement of claim and 
of plaintiff's alSdavit o.f claim. 

§ 34. Any summons or other writ, so issued, shall l^e directed to the 
defendant, and shall be returnable at such time between 9 :30 o'cloclc 
a. m. and 3 :00 o'clock p. m. as may from time to time be ordered by 
the chief justice of said court, of any day on which the court may be 
open for business, and shall be made returnable not less than five nor 
more than fifteen days after the date thereof. 

First — Any summons or other writ issued out of the municipal court 
shall be served upon the defendant by the same method and in the same 
manner as if the summons or other writ had issued out of the circuit 
court, and shall be served b}^ the bailiff of said court unless other provi- 
sion of law be made therefor. 

Second — Until otherwise provided by law, an incorporated company 
may, in a case of the first class, be served with process by leaving* a 
copy thereof with its president, if he can be found in the city of 
Chicago, and if he shall not be found in the city of Chicago, then by 
leaving a copy of the process with any clerk, secretary, superintendent, 
general agent, cashier, principal, director, engineer, conductor, station 
agent, or any agent of said company found in the city of Chicago ; such 
company may, in a case of the fourth class, be served with process by 
leaving a copy thereof with its president, if he can be found in the 
district in which the suit is brought, and if he shall not be found in 
such district, then by leaving a copy of the process with any of said 
officers or agents above named, if any one of them can be found iii 
said district. 

Third — Until otherwise provided by law, the receiver or receivers of 
an incorporated company, or a trustee or trustees operating, managing 
or controlling a railwa}'^, may in a case of the first class, be served with 
process by leaving a copy of such process with such receiver, receivers, 
trustee or trustees, if he or they can be found in the city of Chicago, and 
if he or they shall no.t be found in the city of Chicago, then by leaving 
a copy of such process with any clerk, secretar}^, superintendent, general 
agent, engineer, conductor, station agent or any agent in the employ 
of such receiver, receivers, trustee or trustees who may be found in the 
city of Chicago. Such receiver, receivers, trustee or trustees may, in a 
case of the fourth class, be served with process by leaving a copy thereof 
with such receiver, receivers, trustee or trustees, if he or they can be 
found in the district in which the suit is brought, and if he or they shall 
not be found in such district, then by leaving a copy of the process with 
any of said . officers or agents above named, if any one of them can be 
found in said district. 

§ 35. It shall be the duty of the bailiff or other officer having any 
summons or other writ in any civil case to serve the same at least three 
(3) days before the return day mentioned therein, and if the same shall 



230 COURTS. 



not be so served, it shall be returned immediately after the expiration 
of the third day prior to such return day, provided any writ of attach- 
ment or replevin may be levied upon property at any time prior to such 
return da3^ Wlienever it shall appear, by the return of the officer 
having any summons, writ of attachment or writ of replevin, that any 
defendant or garnishee is not found or that property sought to be 
replevined or levied upon has not been replevined or levied upon, the 
clerk shall, at the request oi the plaintiff, issue another summons or 
other writ, as the case may be, and so on until service is had upon the 
defendant or garnishee or the property sought to be replevined ox levied 
upon is in fact replevined or levied upon. Any such alias or pluries 
summons or other writ shall be issued, be made returnable and served 
in the same manner as in the case of original summons or other writ: 
Promded, however, that no alias or pluries writ of replevin or attach- 
ment shall be issued unless the replevin oj attachment bond filed in the 
cause shall secure against illegal acts in the levying of such alias or 
pluries writ, the same as it is required to secure against such acts in 
the levying of an original writ. 

§ 36. If the plaintiff, his agent or attorney shall file in any attach- 
ment, replevin, distress for rent or forcible detainer suit an affidavit 
stating that the defendant is not a resident of this State, or has departed 
from this State, or on due inquiry cannot be found, or is concealed with- 
in this State so that process cannot be served upon him, and also stating 
the place of residence of the defendant, if known, and if not known, that 
upon diligent inquiry the affiant has not been able to ascertain the same, 
then if the case be an attachment or distress for rent case and the 
amount claimed by the plaintiff, exclusive of costs, does not exceed two 
hundred dollars, or if the case be a forcible detainer case and no claim 
for rent is joined with the complaint for possession, the defendant may 
be notified by posting or posting and mailing of notices, as provided in 
the next section of this Act ; but if the case be an 'attachment or distress 
for rent case and the amount claimed by the plaintiff, exclusive of costs, 
exceeds two hundred dollars, or if the case be replevin, the defendant 
may be notified by publication or publication and mailing of notices as 
provided in the next section of this Act; if the case be one of the trial 
of the right of property or any other case where others interested in 
the litigation should be notified, such notice to the defendant and others 
interested shall be given as shall be ordered by the court. 

§ 37. Whenever in any civil cause notice by publication is required 
or proper to be given to any defendant, it shall be the duty of the clerk 
of said court to give notice by publication at least once in each week 
for three weeks successively in some newspaper of general circulation 
published in said city of Chicago, which notice shall be directed to the 
defendant, shall state the nature of the process against the defendant, 
at whose instance issued, the amount claimed to be due, if for a money 
demand, the time and place of trial, and shall also state that unless said 
defendant shall appear at the time and place fixed for trial, judgment 
will be entered by default, and shall also state the character of the judg- 
ment that will be rendered in said cause and of the execution that will 



COURTS, 231 



be issued thereon, and the clerk of the court shall mail to each of the 
defendants at their last known places of residence, as stated in the affi- 
davit filed as a foundation for said publication, a copy of said notice 
within ten days after the first day of the publication of the same. 
Whenever in any civil cause, notice by posting is required or proper to 
be given to any defendant, said notice shall be in the name of the clerk 
of the court, be directed to the defendant, shall state the nature of the 
process against the defendant and at whose instance issued, the amount 
claimed to be due if for a money demand, the time and place for trial, 
and shall also state that unless said defendant shall appear at the time 
and place fixed for trial, judgment will be entered by default, and shall 
also state the character of the judgment that will be rendered in said 
cause and of the execution that will be issued thereon, three ' copies of 
which notice the bailiff shall post in three public places in the neighbor- 
hood of the court where said cause is to be tried, at least ten days prior 
to the day set for the trial, and if the place of residence of the defendant 
is stated in any affidavit on file, the bailiff shall at the same time mail 
one copy of the notice addressed to such defendant at such place of 
residence, and on or before the day set for trial said bailiff shall file 
said notice with an endorsement thereon, stating the time when and 
places where he posted and to whom and at what address he mailed 
copies as herein required. For want of sufficient notice, any cause may 
be continued from time to time until the court has jurisdiction of any 
defendant. 

§ 38. The defendant, in case he shall have been served with process 
or notified to appear, as provided in the last preceding section of. this 
Act, shall enter his appearance at or before the time so required for 
him to appear. In first and fourth class cases for the recovery of money 
only, he shall, if he makes a defense, file, an affidavit sworn to by him- 
self, his agent, or attorney, or by some other person who has knowledge 
of the facts, stating that he verily believes that the defendant has a 
good defense to said suit upon the merits to the whole or a portion of 
the plaintiff's demand ; or said affidavit may state that the defendant has 
evidence with which to controvert the plaintiff's demand, and. that his 
defense is interposed in good faith and not for delay. Such affidavit 
shall specify the nature of such defense, whether by way of denial or 
by way of confession and avoidance, in such a manner as to reasonably 
inform the plaintiff of the defense which will be interposed at the trial. 
If the defense is to only a portion of the plaintiff's claim, the affidavit 
shall specify the amount of such portion according to the best of the 
affiant's judgment and belief. But no affidavit of merits shall be re- 
quired of a municipal corporation, or of an executor or administrator 
defending on behalf of an estate : Provided, however, that any defend- 
ant may, in the discretion of the court, by order duly entered, be per- 
mitted to make his defense without filing any such affidavit of merits. 
If the defendant fails to enter his appearance or file an affidavit of 
merits required under the provisions hereof, the plaintiff shall be entitled 
to judgment as in case of default. Damages may be assessed on such 



232 COURTS. 



affidavit of claim or on such further evidence as the court may require. 
If the affidavit of merits is to only a portion of the plaintiff's demand, 
the plaintiff shall be entitled to a judgment for the balance of his de- 
mand and the suit shall thereafter proceed as to the portion of the 
plaintiff's demand in dispute as if the suit had been brought therefor, 
but in such case the court may make such order as to the costs of the 
suit as may be equitable. 

§ 39. In case the defendant shall desire upon the trial to present 
any set-off or counterclaim, he shall file a statement thereof, which shall 
be accompanied by an affidavit of claim.. Such statement and affidavit 
of claim of set-off shall comply in all respects with the provisions for 
the plaintiff's statement and affidavit of claim. Such statement of set- 
off or counterclaim shall in all cases be filed within the time allowed for 
filing of defendant's affidavit of merits, but the court may in its dis- 
cretion extend the time for filing the same. The plaintiff, if he makes 
defense to said set-off or counterclaim, shall be required to file an affi- 
davit of merits thereto within such time as the court may order, in the 
same manner and to the same extent and with the same effect that a 
defeiidant is required to file an affidavit of merits to the plaintiff's state- 
ment of claim; in default whereof said set-off or counterclaim shall be 
taken as confessed, and damages may be assessed on the affidavit of 
claim of set-off or counterclaim or on such further evidence as the 
court may require. 

§ 40. Upon the return of any summons duly served upon the de- 
fendant, it shall be the duty of the court at the hour and on the day 
on which said summons is returnable or as soon thereafter as is 
practicable, to call said case or cause the same to be called. In case any 
defendant appears in person and desires to make defense to the suit, 
he shall be directed to sign and file a written appearance and shall be 
given such direction with respect to appearance and the defense of said 
suit as may be necessary or proper. In case the defendant does not 
appear in person and shall not have filed an appearance in writing, the 
plaintiff shall be entitled to judgment as in case of default. Upon 
such default the court shall assess the damages after hearing such 
evidence as the court may deem sufficient for that purpose. 

§ 41. Every suit at law in the municipal court other than a case of 
the second, third or fifth class, or a bastardy case, shall be tried by the 
court without a jury unless the plaintiff, at the time he commences his 
suit, or the defendant, at the time he enters his appearance, shall file 
with the clerk a demand in writing of a trial by jury, Avhicti demand, 
however, may be withdrawn by the party filing the same at any time be- 
fore the trial. If the plaintiff shall have filed a demand of a trial by 
jury as herein provided, the suit shall be tried by jur}^, unless both parties 
shall waive the same. 

§ 42.' If the defendant shall appear at the time specified in the sum- 
mons or other writ or shall have entered his appearance in writing at or 
before the time so specified, the court shall, at such time, or as soon 
thereafter as practicable, fix a time for the trial thereof and such case 



COURTS. 233 



shall be tried at the time so fixed or as soon thereafter as the other busi- 
ness of the court will jjermit, and the court may make such orders in 
respect to the trial thereof as the court may deem proper and necessary 
for the protection of the rights of the parties, and the failure c^ the court 
to try or otherwise dispose of any case at the time which may be fixed 
therefor shall not operate as a discontinuance, but the same shall remain 
under the control of the court until the final disposition thereof. 

§ 43. The municipal court, in any civil suit, except quasi criminal 
suit, pending therein, at any time before the trial or final hearing thereof, 
may permit the filing therein by any party to such suit of written inter- 
rogatories, and may require any party to such suit or any person for 
whose immediate benefit such suit is prosecuted or defended, or any direc- 
tor, officer, superintendent or managing agent of any corporation which 
is a party to the record in such suit to answer under oath all such inter- 
rogatories as the party to be interrogated might be required to answer if 
called as a witness upon the trial or hearing of such suit. The plaintiff, 
if he shall so elect, may file such interrogatories with the clerk at the 
time of filing his praecipe for a summons, a copy of which interrogatories 
shall be served upon the defendant in all cases where a copy of plaintiff's 
statement of claim is required to be served upon the defendant. Wher- 
ever said interrogatories are filed at the time of filing praecipe, the defend- 
ant shall answer said interrogatories at the time of filing his affidavit of 
merits, unless further time be given to him by the court. If the party 
so required to answer such interrogatories is a corporation, the answer 
shall be in the name of such corporation, and be under the oath of some 
officer or agent thereof having knowledge of the facts called for. The 
party filing such interrogatories shall not be concluded by the answers 
thereto, if he shall elect to introduce the same or any or either of them 
upon the trial or final hearing. 

§ 44. If the court shall deem any answer to interrogatories insuffi- 
cient, it may order the party filing the same to answer over; or if any 
party shall fail or refuse to answer, or shall answer insufficiently, inter- 
rogatories propounded to him as provided in the last section, the court 
may compel answers to such interrogatories by proceedings in contempt 
of court against said party. 

§ 45. Upon the trial or hearing of an)'- suit in the municipal court 
any party thereto or any person for whose immediate benefit such suit 
is prosecuted or defended, or the director or superintendent or managing 
agents of any corporation which is a party to the record in such suit may 
be examined upon the trial thereof as if under cross-examination at the 
instance of the adverse party or parties or any of them, and for that pur- 
pose may be compelled, in the same manner and subject to the same rules 
tfor examination as- any other witness, to testify, but the party calling 
for such examination shall not be concluded thereby but may rebut the 
testimony thus given by counter testimony. 

§ 46. Any judge of the municipal court shall have the power to sign 
or otherwise make any order in any suit pending in the municipal court 
at any place within the city of Chicago, whenever, in the opinion of such 



234 COURTS. 



judge, the granting of such order at such place is in furtherance of 
justice, and such order shall be as effective as though made in any court 
room of said court or in the chambers of said judge : Provided, however ^ 
that after the defendant shall have entered his appearance, no such order 
shall be made at any other place than a branch court of the district in 
which said suit is pending, without reasonable notice to the parties. 

§ 47. The chief justice shall superintend the preparation of the calen- 
dars of cases for trial in said court and shall make such classification and 
distribution of the same upon different calendars as he shall deem proper 
and expedient. Cases shall be tried in such order and the calendars of 
cases shall be so arranged as may be determined by the 'chief justice or 
by rules of the court. 

§ 48. Amendments shall be allowed in the municipal court the same 
as in circuit courts. A period of thirty days after the entry of any final 
judgment or order shall, for the purpose of such amendments, be deemed 
the same as a term of court at which a final judgment or order is entered 
in a circuit court. 

§ 48a. Whenever any writ of execution or attachment issued out of any 
court of record or any distress warrant shall be levied upon personal prop- 
erty within the city of Chicago proceedings for the trial of the right of 
property therein may be instituted by the officer having such writ of execu- 
tion or attachment in his possession, by the plaintiff in any such writ of 
execution, attachment or distress warrant, or by any person having any 
interest in said property, other than the defendant in such writ, or by such 
defendant when he claims that the property is exempt from execution, 
attachment or distress for rent, by virtue of the exemption laws of this 
State. The plaintiff in any such writ and the officer having the same in 
his possession, a- claimant of ownership and lien holder or other person 
claiming under the same title, may join as plaintiffs in such proceedings, 
if they so desire. Said proceedings shall be instituted by the filing in the 
municipal court of a praecipe and statement of claim describing the prop- 
erty claimed and setting forth the names of all parties having any interest 
in or claim to said property, including the plaintiff in said writ and the 
oJBBcer having the same in his possession, all of whom shall be parties 
defendant to such cause if they be not joined as plaintiffs, and if there be 
persons interested in said property whose names are unknown, they shall 
be made parties defendant to said suit by the description of unknown 
owners of said property. If such proceedings be instituted by the plain- 
tiff in said writ or the officer having the same in his possession, said 
statement of claim shall further state that the plaintiff has reasonable 
doubt as to the ownership of the property levied upon, or as to such offi- 
cer's or other person's right to seize such property by virtue of said writ. 
Said statement of claim shall also state the places of residence of all 
defendants, if known, and if not known, that upon diligent inquiry the 
person that makes affidavit to said statement of claim has not been able 
to ascertain the same. Said statement of claim shall be verified by the 
affidavit of plaintiff, his agent or attorney. Upon the filing of such 
praecipe and statement of claim the clerk of said court shall issue a sum- 



COURTS. 235 



mons for service upon such defendants whose places of residence are 
stated in said statement of claim to be in the city of Chicago^ whicli sum- 
mons shall describe the property claimed and shall be made returnable 
within the same time and served upon the defendants in the same manner 
as in other cases, or if, in the opinion of the court, the emergency of the 
case requires it, and the interests of the parties will not be prejudiced, the 
court may order the parties to appear before the court for trial within 
such shorter time and upon such reasonable personal notice as to the court 
shall appear in accordance with justice. Unknown owners, defendants 
bey6nd the limits of the city of Chicago, and defendants whose places of 
residence cannot be ascertained, shall be given such notice of said pro- 
ceedings as shall be ordered by the court. No pleadings shall 
be required on the part of the defendant. The proceedings in 
such case shall be conducted as emergency proceedings and shall 
be the same, as near as may be, as in cases of replevin, excepting 
that no bond shall be required of the plaintifE, nor shall there 
be any delivery of property to him in any case until after final 
judgment; but if said property be in the hands of the plaintiff as 
officer, by virtue of a levy thereon, the same shall be retained by 
him until final judgment. But the court may order said property 
to be sold by virtue of said writ if said property be perishable or 
the retaining of the same until final judgment would be unduly ex- 
pensive to any of the parties to the cause, and in such case the proceeds 
of such sale shall abide the result of the court's judgment. Upon the 
trial the rights of all parties shall be determined and judgment shall be 
rendered accordingly, awarding the possession of the property according 
to the right. The court may compel the delivery of said property pur- 
suant to such judgment by proceedings in contempt of court against any 
party before the court refusing to comply with the judgment thereof, or 
execution may be awarded for said property. The judgment in such 
case shall be a complete indemnity to such officer in selling or restoring 
such property. In case said cause be removed to a court of review the 
officer having such writ shall retain the property, unless the party claim- 
ing the same shall give bond v/ith sufficient surety, to be approved by a 
judge of the municipal court, payable to the People of the State of Illi- 
nois, for the use of any party interested, for the delivery of such property, 
pursuant to the judgment of the court that shall finally pass upon said 
matter. The costs of said proceedings shall be taxed by the court accord- 
ing to the equities of the case. 

§ 49. Until otherwise prescribed by rules of the municinal court, the 
practice and procedure in the municipal court in eases of the fifth class 
shall be the same, as near as may be, as is herein prescribed for cases of 
the fourth class, except that no affidavit of plaintifPs claim or affidavit 
of defendant's defense need be filed and except that when the facts con- 
stituting the offense complained of also constitute, in whole or in part, a 
violation of the criminal law of this State, the court may issue a warrant 
in the first instance against the defendant, upon the filing by some person 
of a complaint under oath that the offense has been committed, and that 
the complainant has just and reasonable grounds to believe that the de- 
fendant committed the offense. A warrant may be issued in the first 



236 COURTS. 



instance upon complaint and affidavit of any person that an ordinance 
has been violated, and that the person making the complaint has reason- 
able grounds to believe that the party charged is guilty thereof and will 
escape unless arrested, and stating the facts upon which such belief is 
based : Provided, the judge to whom application is made for such war- 
rant shall be satisfied, after examining or causing to be examined under 
oath the party making the affidavit, that such arrest should be made ; and 
any person arrested upon any warrant herein provided for shall, without 
unnecessary delay, be taken before the court to which such warrant is 
returnable and tried for the alleged offense. Any warrant may be served 
at any place within the cit}' of Chicago, if the court, in its discretion, 
shall so direct. 

§ 50. Any police officer of the city of Chicago, or of any board of 
park commissioners whose territory is situated in whole or m part within 
said city, or any conservator of the peace, shall have power to arrest or 
cause to be arrested with or without process, all persons who shall break 
the peace or be found violating any criminal law of the State or any ordi- 
nance of the city of Chicago, or any ordinance of any municipal corpor- 
ation whose territory is situated, in whole or in part, within the limits of 
said city whenever such violation is, by such ordinance, made punishable 
by fine or otherwise. Any person arrested without warrant shall without 
unnecessary delay be taken hj such officer to some convenient branch of 
the municipal court, and such police officer shall thereupon make and file 
a complaint in writing, under oath, against such defendant of the viola- 
tion by such defendant of such ordinance, and such defendant shall there- 
upon be dealt with according to law in the same manner as if he had been 
arrested in the first instance under a warrant lawfully issued. 

§ 51. Any judge of the municipal court to whom apnlication is made 
for a warrant, search warrant, capias or writ of attachment, in any case 
of criminal or quasi criminal nature, when he is not presiding in court, 
shall have power and authority to issue such warrant, search warrant, 
capias or writ of attachment and sign the same with his own name as 
judge of the municipal court, and indorse thereon the amount of bail in 
which defendant shall be held, which warrant, search warrant, capias or 
writ of attachment, when so signed by the judge, shall have the same 
force and effect as if the same were issued and signed by the clerk of the 
court. Any complaint or affidavit received by such judge upon the issu- 
ance of such warrant, search warrant, capias or writ of attachment shall 
be filed with the clerk as soon as may be after the issuing of such warrant, 
capias or writ of attachment. 

§ 52. . Upon the arrest of any person for any criminal or qiiasi crim- 
inal offense within the jurisdiction of the municipal court, any judge 
of the municipal court, or any judge of the circuit or supericr court of 
Cook county, shall have power to let such person to bail either before 
or after complaint or information filed; and in case of the arrest o.f 
any person for any quasi criminal offense, or for any offense when the 
punishment is by fine or imprisonment otherwise than in the peniten- 
tiary, the general superintendent of police or any captain or lieutenant 



COURTS. 237 



ox sergeant of police of the city of Cliicago, or any deputy clerk desig- 
nated for that purpose by an order signed by a majority of the judges 
of the municipal court shall have power to let such person to bail either 
before or after complaint or information is filed. The bail bond in any 
criminal or quasi criminal case shall be cojiditioned for the personal 
appearance of the person arrested before a certain branch court of any 
other branch court to which the cause may be transferred at a time 
fixed in said bond for such personal appearance, and from day to day 
thereafter until the final judgment or order of the court, and in default 
of such persojial appearance in any criminal case for the immediate 
payment of the penalty of said bond, and in any quasi criminal case 
for the immediate payment of any judgment that may be rendered in 
said case. The fact that bail or cash deposit in lieu thereof may have 
been taken to answer to a certain charge before the filing of any com- 
plaint or information and the complaint or info.rmation afterwards 
filed charge a different offense, either against the same or a different 
corporate avithority, or that a bond may have been taken for either a 
larger or smaller amount than may have been required by order or rule 
of court, shall be no, objection to its validity. Any bond so taken shall 
be signed by one or more sureties to be approved by such judge or 
officer, who shall be authorized and required to administer oaths for the 
purpose of ascertaining the sufficiency of the sureties. All bonds so 
taken shall be filed with the clerk o.f the municipal court at the branch 
court at which the person so arrested is required to appear. The exer- 
cise of the power hereby conferred of letting to bail shall be subject to 
regulations by such rules as may be adopted by a majority of the judges 
of the municipal court, as herein provided. But any person so arrested 
shall have the right to, be brought immediately before the municipal 
court in the district in which he is arrested, or, if there be no judge 
then in attendance upon such court, before the municipal court in any 
other district at which there may be then a judge in attendance, to be 
dealt with by such court according to law. The court may by rule pro- 
vide that any defendant arrested in any criminal case in which the 
punishment is by fine or imprisonment otherwise than in the peniten- 
tiar}', or in any quasi criminal case, in lieu of giving o,ther bail for his 
personal appearance or any person for said defendant, may deposit with 
the clerk or with the police officer letting such person to bail, to be by 
such police officer paid over to the clerk within twenty-four hours after 
such deposit is made, such sum of money as cash bail as by order or 
rule of court may be determined to be sufficient to secure his personal 
appearance at the time or times fixed therefor, such sum to be forfeited 
. in case the defendant shall fail to appear in person at the time or times 
so fixed, and to be accounted for by the clerk of said court the same as if 
the defendant had executed a bail bond in the case in which the com- 
plaint or information is filed and such bail bond had been forfeited and 
collected : Promded, that in quasi criminal cases where the defendant 
does not appear as aforesaid, the judgment, if rendered against him, 
and costs shall be deducted from such cash deposit and the balance 



238 COURTS. 



returned to the person depositing same. If, upon an application made 
at any time within thirty days after any forfeiture provided for in this 
section, it shall be proved to the satisfaction of the court that the defend- 
ant's failure to so appear was the result of serious illness, or other 
unavoidable accident, the court may, by order, set aside any forfeiture 
■of bail bond or cash deposit. Said clerk shall hold any money ordered 
forfeited as aforesaid during the time that such forfeiture is subject to 
be so set aside. Other proceedings for the forfeiture of recognizances 
and bail bonds in criminal and quasi criminal cases shall be the same, 
as near as may be, as provided for the forfeiture of recognizances and 
bail bonds in criminal cases in the criminal court of Cook county. 

§ 52a. Whenever any person having an established residence or place 
of business within the city of Chicago shall be arrested in the city of 
Chicago for a violation within said city of any law in this State, or any 
ordinance of the city of Chicago, or of any board of public park com- 
missioners whose territory is situated in whole or in part within said 
city, and the only offense charged or to be brought against said person 
shall be one growing out of the improper use of any motor or -other 
vehicle, or animal attached to any vehicle, on any of the streets, boule- 
vards or alleys within said city, if the person so arrested shall thereupon 
exhibit for inspection to the officer making such arrest his certificate of 
registration, or license to operate such vehicle, oj in case he has no such 
certificate of registration, or chauffeur's or other license, he shall give 
his name and address and the name and address of the owner of such 
vehicle or animal, if the person so arrested is not the owner, the officer 
shall thereupon inspect the number plates ox vehicle tax plates, or other 
means of identification submitted by the owner or driver of such vehicle 
and shall also take the name and address of the owner and driver of 
such vehicle, making proper note thereof, as well as of the number, if 
any, of the vehicle, and such officer shall thereupon give to the person 
so. arrested (provided such person has an established residence or place of 
business within said city of Chicago) a written notice to be signed by 
such officer notifying said person arrested that a complaint or informa- 
tion for said offense will be filed against him in the municipal court 
of Chicago, and that said officer will have said complaint or information 
set for hearing before a certain branch of said court in the district where 
said arrest is made and where cases of like character are heard, naming 
the branch court and the hour and day of such hearing (which shall 
be at the hour of opening of court on the next succeeding court day 
after said arrest) and said officer shall, after the giving of said notice, 
release said person from custody and shall file a complaint of informa- 
tion in said court for said offense. Said court shall in such case take 
jurisdiction of said cause without the issuing of any warrant or capias 
against the defendant in such complaint or information. ISTo warrant or 
capias shall issue against said defendant unless said defendant shall fail 
or refuse to appear in court at the time set for hearing. And in case 
said defendant shall fail or refuse to so appear, warrant, capias or sum- 
mons shall issue against said defendant according to law. The officer 



COUETS. 239 



making such complaint shall state under oath, in said complaint or 
information, the facts as to the giving of said notice, stating the time 
and place when said defendant was notified to appear as aforesaid: 
Provided, this section shall not apply to, any case of an arrest growing 
out of the driving of any such motor or other vehicle or animal attached 
thereto whereby any person is killed or injured. 

§ 53. The practice in all proceedings in the municipal court for 
the arrest, examination, commitment and bail of persons charged with 
criminal offenses, proceedings to prevent the commission of crimes and 
proceedings pertaining to search warrants shall be the same, as near as 
may be, as is provided by law for similar proceedings before judges of 
other courts of record and justices of the peace, except as herein other- 
wise provided. The complaint, except as provided in section 51 of this 
Act, shall be filed with the clerk of the municipal court, who, when so 
ordered by the court, shall issue a warrant. Said warrant shall, in any 
proceeding to prevent the commission of crime, be directed to the bailiff, 
and in any proceeding for the arrest, examination, commitment and 
bail -of any person charged with a criminal offense, shall be directed to 
the bailiff and to all sheriffs, coroners and constables within this State 
and shall require all such officers to forthwith take the person of the 
accused and bring him before the court. All proceedings in such cases 
shall be proceedings in court, instead of proceedings before a judge 
thereof, and all orders [entered] in such proceedings shall be orders of 
court, instead of orders of a judge thereof, and shall be entered of record 
as orders in other cases. 

§ 54. Any search Avarrant issued by the clerk, or any judge of the 
municipal court, shall be directed to the bailiff commanding him to 
search either in the day time or the night time the house or place where 
the stolen property or other things for which he is required to search 
are believed to be concealed (which place and property or things to be 
searched for shall be particularly designated and described in the war- 
rant), and to bring such stolen property or other things when found 
and the person in whose possession they are found before the municipal 
court. 

§ 55. Upon the examination of any person charged with a criminal 
offense the court may, in its discretion, cause the testimony of the wit- 
nesses to be taken down in shorthand and transcribed and when so tran- 
scribed it may be certified by the judge as a true and correct transcript 
of such testimony, and when so certified it may be presented to the 
grand jury and be given the same force and effect by the grand jury as 
if the witnesses had appeared before the grand jury and orally testified. 

§ 56. All criminal cases in the municipal court may be prosecuted 
by the Attorney General or state's attorney, or some other person, and 
when an information is presented by any person other than the Attorney 
General or state's attorney it shall be verified by affidavit of such person 
that the same is true, or that the same is true as he is informed and 
believes. Before an information is filed by any person other than the 
Attorney General or state's attorney, one of the judges of the municipal 



240 COURTS. 



court shall examine the information and may examine the person pre- 
senting the same and require other evidence and shall satisfy himself 
that there is probable cause for filing the same and so endorse the same. 
Every information shall set forth the offense with reasonable certainty, 
substantially as required in an indictment, and the proceedings thereon 
shall be the same, as near as may be, as upon indictment in the criminal 
court of Cook county, excepting as is by this Act otherwise provided. 
But criminal cases in which the punishment is by fine only may, in the 
discretion of the court, be prosecuted by complaint as is provided by law 
for the prosecution of criminal cases before justices of the peace. The 
prosecution of all criminal cases in the municipal court shall be con- 
ducted by or under the supervision of the state's attorney of Cook 
county, but in any case in which the state's attorney is disqualified from 
acting or is unable to act, the court may appoint some attorney at law 
of Cook county to act as prosecuting attorney in such case. 

§ 57. Any person committed for a criminal or supposed criminal 
offense and not admitted to bail and not tried within four months after 
the date of arrest, shall be set at liberty by the court, unless the delay 
shall happen on the application of the prisoner or unless the court is 
satisfied that due exertion has been made to procure the evidence on 
the part of the people and that there is reasonable ground to believe that 
such evidence may be procured within the next sixty days, in which case 
the court may continue the case for such time as the court may deem 
necessary, not exceeding said sixty days: Provided, however, that if 
said person be not tried within said sixty days no further continuance 
shall be granted and said person shall be set at liberty by the court. 

§ 58. The practice and proceedings in the municipal court in bas- 
tardy cases shall be as follows : 

First — Whenever an unmarried woman, who shall be pregnant, or 
delivered of a child, which by the law would be deemed a bastard, shall 
file in the municipal court, if she be pregnant, or so delivered in the city 
of Chicago, or the person accused be found in said city of Chicago, her 
complaint in writing, under oath or affirmation, accusing a person of 
being the father of such child, the court shall order a warrant to issue 
against the person so accused and cause him to be brought forthwith be- 
fore the court. 

Second — Such warrant shall be issued to the bailiff and to all sheriffs, 
coroners and constables in the State of Illinois and may be executed by 
any officer in any county. 

Third — If, upon the appearance of the defendant in any basta;rdy case, 
the woman be not delivered, and the probable date of the delivery is thirty 
days or more after the appearance of the defendant as aforesaid, it shall 
be the duty of the court to examine the woman upon oath or affirmation 
in the presence of the man alleged to be the father of the child, touching 
the charge against him. The defendant shall have the right to controvert 
such charge, and evidence may be heard as in case of trial before the 
county court. If the court shall be of the opinion that sufficient cause 
appears, it shall be the duty of the court to bind the person so accused 



COURTS. 241 



in recognizance with sufficient security, to appear before said court at a 
time after the probable date of the delivery of the child to which said 
cause may be continued, to answer to sucli charge. On neglect or refusal 
to enter into a recognizance with security, the court shall cause such per- 
son to be committed to the jail of the county of Cook, there to be held to 
answer to the complaint. If, at the time to which said cause may be con- 
tinued said child be not born, or the mother be unable to attend court, 
said cause shall be further continued until she is able, and any recogni- 
zance entered into by the defendant to secure his appearance shall stand 
until the final disposition of the cause, unless the court shall order other- 
wise. After the birth of the child, the court shall cause an issue to be 
made up whether the person charged as aforesaid is the real father of the 
child or not, which issue shall be tried by a jury, unless the parties shall 
elect' to waive a trial by jury, in which case the issue shall be tried by the 
court without a jury. 

Fourth — Pending the trial of such issue, and the final disposition of 
the matter, if the defendant shall not have entered into a recognizance 
as aforesaid, prior to such delivery, the court shall require the defendant 
to enter into a recognizance, in such an amount and with such security 
as the court may deem just, for the appearance of the defendant from da}^ 
to day until the entry of the final judgment. 

Fifth — All further proceedings in the case shall be the same, as near 
as may be, as are provided by law for similar cases in the criminal court 
of Cook county. 

§ 59. No exception to the rulings or decisions of the municipal court 
on any matter whatever, which appear to have been made against the ob- 
jection of the party complaining thereof, shall be necessary to the right 
of any party to a review of such rulings or decisions in the appellate or 
Supreme Court upon their merits, but it shall be the duty of the appel- 
late or Supreme Court,, as the case may be, to decide such case upon its 
merits, notwithstanding no exceptions were taken in the municipal court. 

§ 60. There shall be no stated terms of the municipal court, but said 
court shall always be open for the transaction of business. Every judg- 
ment, order or decree of said court final in its nature, shall be subject to 
be vacated, set aside or modified in the same manner and to the same 
extent as a judgment, order or decree of a circuit court during the term 
at which the same was rendered in such circuit court: Provided, a 
motion to vacate, set aside or modify the same be entered in said muni- 
cipal court within thirty days after the entry of such judgment, order or 
decree. If no motion to vacate, set aside or modify any such judgment, 
order or decree shall be entered within thirty days after the entry of such 
judgment, order or decree,- the same shall not be vacated, set aside or 
moclified excepting upon appeal or writ of error, or by a bill in equity, or 
by a petition to said municipal court setting forth grounds for vacating, 
setting aside or modifying the same, which would be sufficient to cause 
the same to be vacated, set aside or modified by a bill in equity. Proceed- 
ings on such petition shall be the same, as near as may be. as in chancerv^ 

—16 L 



242 COURTS. 



or as may be prescribed by rules of the municipal court : Provided^ how- 
ever, that all errors in fact in the proceedings in such case, which might 
have been corrected at common law by the writ of error coram nobis may 
be corrected by motion, or the judgment may be set aside, in the manner 
provided by law for similar cases in the circuit court. 

§ 61. The final orders, judgments and decrees of the municipal court 
in cases of the first class and bastardy cases, may be reviewed upon error 
or appeal. Cases of the second, third, fourth and fifth class shall be re- 
viewed by writ of error only. Writs of error to the municipal court in 
all criminal cases below the grade of felony shall be taken directly to the 
appellate court, and in all criminal cases above the grade of misdemeanors 
and cases in which a franchise or freehold or the validity of a statute or 
a construction of the constitution is involved, and in cases in which the 
shall certify that in his opinion the public interest so requires, and in all 
cases relating to revenue, or in which the State is interested as a party 
or otherwise, shall be taken directly to the Supreme Court. The time 
within which a writ of error may be sued out in any case of the fourth or 
fifth class shall be limited to thirty days after the entry of the final order 
or judgment complained of. The practice in cases of appeals from and 
writs of error to said municipal court in said cases shall, except as in this 
Act, or by rules of said court adopted in pursuance hereof, may otherwise 
be provided, be the same, as near as may be, as the practice in cases of 
appeals from and writs of error to circuit courts in similar cases. But 
no appeal shall be alloAved in any case unless the same be prayed for 
within twenty days after the rendition of the order, judgment or decree 
appealed from, and no assignment of error in the Supreme Court or in 
the appellate court in any case shall be allowed which shall call in ques- 
tion the decision of the municipal court in respect to any matter pertain- 
ing to the practice in said court: Provided, hoivever, that the Supreme 
Court or the appellate court, as the case may be, may grant relief from 
any error of the municipal court in respect to a matter of practice therein 
in any case where, in the opinion of the Supreme Court or appellate 
court, such relief is necessary to prevent a failure of justice. 

§ 62. Any party to any case of the fourth or fifth class against whom 
there has been rendered any final order or judgment of the municipal 
court and who shall desire to obtain a review of such final order or judg- 
ment by a writ of error and who shall, for that purpose, also desire a stay 
of execution, may upon suing out of the Supreme Court or appellate 
court, as the case may be, a writ of error in such case and filing the same 
in the municipal court, obtain from the municipal court a stay of execu- 
tion of such order or judgment for ninety (90) days after the entry 
thereof by the giving of a bond with a sufficient surety or sureties to be 
approved by a judge of the municipal court conditioned for the due pros- 
ecution of such writ of error and otherwise, as near as may be, as an 
appeal bond in case of an appeal from a similar order or judgment of a 
circuit court is required to be conditioned. No such bond, however, need 
be given in any case if the party suing out such writ of error shall not 



COURTS. 243 



desire a stay of execution. No other or further stay of proceedings or 
execution in any such case shall be allowed by the municipal court, but 
the Supreme Court or the appellate court, or any judge thereof, may 
allow a supersedeas as in other cases, but upon the allowance of any super- 
sedeas, when any bond has been given as above provided, no additional 
bond shall be required, and such supersedeas shall be operative until the 
final determination of such writ of error. The party suing out any writ 
of error within thirty days after the entry of the order or judgment 
sought to be reviewed shall not be required to serve upon the opposite 
party any scire facias to hear errors, but in lieu thereof shall, within five 
days after the issuance of the writ of error, file the same with the clerk 
of the municipal court, and make to the Supreme Court or the appellate 
court, as the case may be, proof of such filing, and such writ of error so 
filed shall be notice to the opposite party of the suing out and prose- 
cution of such writ of error. 

§ 63. The evidence admitted and offered on the hearing of any 
motion or matter or on the trial of any cause in the municipal court, 
the rulings of the court thereon and any other proceedings not otherwise 
of record may be made matter of record far review by the appellate or 
Supreme Court, by being embodied in a statement of facts. Said state- 
ment of facts may be the stipulation of parties as to such facts as are 
deemed necessary or material to a proper review of the cause, a complete 
stenographic or other report o,f said evidence, rulings and proceedings, or 
such abstract or abridgment thereof as is deemed sufficient for a proper 
review of the cause. Said statement of facts may contain a stipulation 
as to part of the facts, a complete stenographic or other report as to 
other facts, or as to the testimony of certain witnesses, and an abstract 
or abridgment as to still other facts or as to the testimony of other 
witnesses. Concise statements of questions of law arising on any of 
said facts and the decisions of the court thereon may be inserted in said 
statement of facts. The originals o.f affidavits, depositions and exhibits, 
or copies thereof, may be inserted in said statement of facts, or may 
accompany the same or be identified by proper reference. Said state- 
ment of facts shall have attached thereto a certificate, signed by the 
judge before whom said proceedings were had, or otherwise, as provided 
in this section, authenticating the same as a statement of the facts in 
said cause, and where said statement is nat a complete report as afore- 
said, said certificate shall certify that said statement contains all such 
facts as are necessary or material to a proper review of said cause, or a- 
are necessary or material to a proper review of certain questions involved 
in said cause. Said statement of facts shall be prepared and tendered to 
the judge for certification by the party desiring the review of any cause 
in the appellate or Supreme Court, within thirty days after the entry of 
the final judgment arder or decree of the municipal court. But the 
time to file such statement of facts may be extended by successive orders 
of court, provided application for such extension shall be made during 
said thirty days. or during any extension of the time to file the same. 
Any party deeming said statement of facts insufficient may prepare and 



2-14 COURTS. 



tender a sujDplemental statement of facts for certification within such time 
as may be allowed by order of court entered within thirty days after the 
filing of the original statement of facts. Any such statement of facts or 
supplemental statement .'of facts shall be deemed sufficiently authenticated 
if signed by the judge before whom the cause was tried, or the matter in 
question occurred, and in case the judge before whom the cause was 
tried, or the matter in question occurred, is, by reason of death, sickness, 
expiration of term of office, or other disability, unable to hear and pass 
upon a motion for a new trial in the cause and sign a statement of facts, 
or unable to settle said statement of facts and sign the same, then any 
other judge of the municipal court, if the evidence in such case is taken 
in stenographic notes, or if said judge is satisfied by any other means 
that he can pass upon such motion and sign a true statement of facts, 
shall pass upon said mo.tion and sign such statement of facts; and his 
ruling upon such motion and signing of such statement of facts shall 
be as valid as if such ruling and signing had been made by the judge 
before whom such cause was tried or said matter occurred. But if said 
judge is satisfied that owing to the fact that he did not preside at the 
trial, or for any other cause he cannot fairly pass upon said motion and 
sign said statement o.f facts, then he may, in his discretion, grant a new 
trial to the party moving therefor. Such statement of facts, instead of 
a copy, shall be incorporated in any transcript of record to be filed in 
the Supreme or appellate court, and upon the final determination of the 
cause in such court shall be remitted to the municipal court. 

§ 64. No order or judgment so sought to be reviewed shall be 
reversed unless the Supreme Court or appellate court, as the case may 
be, shall be satisfied, from the record in said cause, that such order or 
judgment is contrary to the law or the evidence or that such order or 
judgment resulted from substantial errors of said municipal court 
directly affecting the matters at issue between the parties, in which last 
mentioned case the Supreme Court or appellate court, as the case may 
be, may enter such order or judgment as in its opinion the municipal 
court ought to have entered, or it may reverse said order or judgment 
and remand the case to the municipal court for further proceedings. 

§ 65. It shall be the duty di the chief justice of the municipal court 
to superintend the keeping o.f the records of said court. He shall have 
power and authority to prescribe abbreviated and amplified forms of 
entries of orders, judgments and decrees in said court, which abbreviated 
forms shall stand for and represent the respective amplified forms 
thereof. The entry by any branch court of any order, judgment ' or 
decree in such abbreviated form shall, to all intents and purposes, and 
in legal effect, be the adaption by the court so directing such order, 
judgment or proceeding to be entered, of the prescribed amplified form 
or part thereof used, data supplied in the blanks in said abbreviated 
form being likewise in legal effect supplied in said amplified form, the 
court having regard for and contemplating said amplified form with 
said data as the true order, judgment or proceeding of the court, when 
so directing the same to be entered in such abbreviated farm. And in 



COURTS. 245 



such case any names, dates, amounts, or other words and figures that 
may accompany or be entered with sucli abbreviated form, shall be 
deemed to be, in legal effect, and to all intents and purposes, incorpo- 
rated with said amplified form in the blank spaces therein as the context 
may require, and said amplified form, together with said names, dates, 
amounts and other wards and figures as aforesaid, shall constitute the 
true proceedings and record thereof of the court, and may be fully car- 
ried into effect and the commands thereof executed, without any further 
elaboration or expansion of such abbreviated form. The commands of 
any such judgment, order or decree may be carried out and executed, 
liens thereof shall attach if such be the true legal import and effect 
thereof, and process may issue thereon immediately upon the same being 
rendered and before being entered of record, but the same shall be 
entered of record in abbreviated form or otherwise as soon after being 
rendered as practicable. And it shall constitute no objection to any 
such abbreviated form, that the same does not contain all the essential 
elements or matter contained in such amplified form, or that the words 
in said abbreviated form may be abbreviated. Said chief justice shall 
have power and authority to prescribe any rules and regulations concern- 
ing the adoption and use o.f any abbreviated and amplified forms or 
orders, judgments and decrees that are not inconsistent with this Act. 
Upon the preparation by the clerk of a certified transcript in amplified 
form of any proceedings in any cause that have been entered only in 
abbreviated form, or upon the request of any person for the extension 
in amplified form o.f any such proceedings and the joayment to the clerk 
of the same fees as are required for a certified transcript, the clerk shall 
extend said proceedings in amplified form. Said proceedings so extended 
shall be accompanied by proper placita and preambles and shall be certi- 
fied under the hand of the clerk and the seal of the court to be a true 
extended record of certain proceedings in such cause, which extended 
record, when so certified, shall have placed thereon the file mark of the 
clerk and shall be preserved as a pemianent record among the files of 
the cause. 

§ Q6. Any money judgment, order or decree rendered by the 
municipal court, when no execution issued thereon is outstanding, may 
be satisfied by the payment by the party against whom the same has 
been rendered of the amount thereof to the clerk of said court, who, 
upon payment being made, shall enter satisfaction thereof and shall, 
upon demand, pay over the money received by him to the person appear- 
ing of record to be entitled thereto : Provided, if said money be paid 
to the clerk within five days after the date of the final judgment, order 
or decree in the cause, the clerk shall not enter said satisfaction of 
record until after the expiration of said five days. 

§ 67. The judgments, orders and decrees of the municipal court 
shall have the same force, be of the same effect, be liens upon real estate 
or any interest therein in the city of Chicago, to the same .extent and 
under the same circumstances, and be executed and enforced in the same 
manner as the judgments, orders and decrees of the circuit court of 



246 couETS. 



Cook county^ except as is otherwise in this Act provided. No judg- 
ment, order or decree of the municipal court, the amount of which — 
exclusive of costs — is, at the date of rendition thereof, less than two 
hundred dollars, shall be a lien upon real estate or any interest therein 
excepting from the time of the filing in the office of the clerk of the 
circuit court or registrar of titles, of a certified transcript or certificate, 
as provided for in this Act. Upon the filing in the office of the clerk 
of the circuit court of any county in this State of a transcript, certi- 
fied under the hand and official seal of the clerk of the municipal court, 
of any judgment, order or decree of the municipal court, said judgment, 
order or decree shall thenceforth have the same force, be of the same 
effect and be a lien upon unregistered real estate or any interest therein 
throughout such county to the same extent and under the same circum- 
stances as a judgment, order or decree of the circuit court of such 
county. No judgment, order or decree of the municipal court shall be 
a lien upon or affect registered land or any estate or interest therein, 
until a certificate under the hand and official seal of the clerk of the 
municipal court, stating the date and purport of the judgment, order or 
decree, or a certified copy of such judgment, order or decree, is filed in 
the office of the registrar of titles of the county in which the land is 
situated, and a memorial of the same is entered upon the register of the 
last certificate of the title to be affected. 

§ 68. In any case an execution issued on any judgment, order or 
decree of the municipal court, when against lands and tenements, goods 
and chattels within the city of Chicago, shall be directed to the bailiff; 
or in case he is disqualified from acting, then to the sheriff of Cook 
county, and shall be a lien upon all of the personal property of the per- 
son against whom the judgment is obtained, situated within the city of 
Chicago, from the time it is delivered to the bailiff, or to the sheriff, 
to the same extent as an execution issued out of the circuit court of 
Cook county, when delivered to the sheriff, and may be levied upon the 
property, real or personal, of said person, situated at any place within 
the city of Chicago, to the same extent as an execution issued out of 
the circuit court of Cook county. But no execution upon a judgment, 
order or decree shall become a lien ^ipon registered land, or any estate 
or interest therein, until said execution shall be levied on said real 
estate, and a certificate of the fact of such levy shall be filed with the . 
registrar of titles of the county in which such real estate is situated, and 
a memorial thereof shall be entered upon the register of the last certifi- 
cate of the title to be affected. Executions against lands, tenements, 
goods and chattels outside of the city of Chicago shall be directed to 
the sheriff; or in case he is disqualified from acting, to the coroner of 
the county in which such lands, tenements, goods and chattels are 
situated. Any execution, issued on any judgment of which a transcript 
has been filed in the office of the clerk of the circuit court of any county 
in tliis State, shall throughout the county in which said • transcript is 
filed as aforesaid, be of the same force, have the same effect and be 
executed in the same manner as if said execution had issued on a judg- 
ment of the circuit court of Cook county. 



COURTS. 247 



§ 69. At any time within seven years after the entry of any judg- 
ment of the municipal court upon which there is due, exclusive of 
interest and costs, a sum of money exceeding twenty-five dollars ($25), 
and upon the return wholly or partly unsatisfied of an execution issued 
thereon, the judgment creditor shall be entitled to a citation, here 
designated for convenience a citation in supplementary proceedings, 
requesting the judgment debtor, or any other person whom or corpora- 
tion which, the judgment creditor may believe to have personal property 
of the debtor not exempt from execution or garnishment, or to be in- 
debted to said judgment debtor in a sum exceeding the amount exempt 
by law from garnishment, to attend before the court and be examined 
under oath concerning such debtor's property at a time and place speci- 
fied in the citation, or after the issuance of an execution against the 
lands, tenements, goods and chattels of any judgment debtor, and before 
the return thereof, upon proof by affidavit to the satisfaction of the 
court, that there is reasonable ground to believe that the judgment debtor 
has property in the city of Chicago, which he unjustly refuses to apply 
towards the satisfaction of the judgment, whether subject to execution 
or not, citation may issue as above provided. The court may, in its 
discretion, at the time of ordering the issuance of said citation, or at 
any time thereafter pending said proceedings, restrain and enjoin any 
party to said citation from assigning or disposing of any personal prop- 
erty and choses in action until the final hearing on said citation or until 
the further order of the court : Pi'ovided, that no probable cause exists 
for entering said restraining order or injunction. 

§ 70. Where it appears from the examination or testimonv taken in 
supplementary proceedings that the judgment debtor has in his posses- 
sion or under his control money or other property belonging to him and 
not exempt from execution, or that money, choses in action, or one or 
more articles of personal property capable of delivery, and the risht of 
possession of which in said judgment debtor is not substantially dis- 
puted, and which are not exempt by law from execution or garnishment, 
are in the possession or under the control of such other person or cor- 
poration, the court may, in its discretion, make an order directing the 
jud.anment debtor, or such other person or, corporation, immediately, or 
within such time as the court may direct, to pay the money, or as much 
thereof as may be necessary, to the clerk of said court for the use of 
said judgment creditor to be applied towards the satisfaction of said 
judgment, or to assign the chose in action or deliver the articles of 
personal property to the bailiff of the municipal court to be by him 
collected or sold at public sale and the proceeds thereof applied towards 
the satisfaction of said judgment, and if the proceeds of such collection 
or sale shall exceed the amount due upon such judginent and the costs 
accrued thereon, the overplus shall be paid to said judgment debtor. 
In case the right of possession of any such money or other property in 
said judgment debtor is substantially disputed, the court may, on its 
own motion, or on motion of any person interested, order any adverse 
claimants to be made parties defendant to said supplemental proceed- 



248 COURTS. 



ings, and they shall be notified of said proceedings in the same manner 
as adverse claimants in proceedings for the trial of the right of prop- 
erty are required to be notified, and thereupon the title to said money 
or other property shall be tried in the same manner as titles are tried 
in proceedings for the trial of the right of property. 

§ 71. The masters in chancery of the circuit and superior courts 
of Cook county shall be ex officio masters in chancery of the municipal 
court. Said citation in supplementary proceedings may, in the dis- 
cretion of the court, require the person or corporation to attend and be 
examined before one of the masters in chancery of the court, or a special 
commissioner to be appointed by the court, designated in said citation, 
which special commissioner shall, before taking any testimony, be sworn 
to well and truly report the evidence to be taken before him in such 
proceedings, or to try the matters to be brought before him thereon, and 
a true report make according to the evidence as the case may be. After 
said examination said master in chancery or special commissioner must 
certify to the court all evidence and other proceedings had before him 
pursuant to the citation, 

§ 72. Upon every examination in supplementary proceedings each 
answer of the party to the citation or witness examined must be under 
the oath of such party, or, if such party be a corporation, under the oath 
of an officer thereof, and the court may, in its discretion, specify the 
officer. Either party may be examined as a witness in his own behalf 
and may produce and examine other witnesses as upon the trial of any 
action. The court, master or special commissioner may postpone any 
hearing hereunder from time to time as it may think proper and may 
issue subpoenas requiring the presence of any witness desired by either 
party. The court shall have the power to compel the attendance of any 
party to the citation or witness duly subj)oenaed by attachment of the 
person of such party or witness and the refusal or neglect of a party to 
such citation, or of a witness, to attend or answer proper questions upon 
the hearing, or to obey any injunction or restraining order enjoining 
or restraining any party to said citation from disposing of any personal 
propert}^ or choses in action, or the neglect or refusal of a party tc 
such citation to pay any money to the clerk of said court for the use of 
said judgment creditor to be applied towards the satisfaction of said 
judgment, or to assign any chose in action or deliver any article of per- 
sonal property to the bailiff of said court when thereto lawfully required 
by said court, shall be adjudged a contempt of court, and shall be punish- 
able in the discretion of the court by fine or im^Drisonment in the county 
jail or house of correction for a period not to exceed six months. 

§ 73. The court may in such supplementary proceedings, tax as 
costs a fixed sum consisting of witness fees, stenographer's fees, mas- 
ter's or commissioner's fees and other disbursements, and direct the 
payment thereof out of any money which may come into the hands of 
the clerk or bailiff as a part of the costs of said proceedings. Where the 
judgment debtor has been examined and property applicable to the pay- 
ment of the judgment has not been discovered in the course of the pro- 



COURTS. 249 



ceedings hereunder, the court may fix a sum consisting of witness fees 
and other disbursements made by said judgment debtor including 
stenographer's fees, master's or commissioner's fees, and the amount so 
fixed shall, in the discretion of the court, be paid to such judgment 
debtor, and unless paid within the time fixed by the court an execution 
shall issue against the judgment creditor and be served and enforced as 
other executions. 

§ 74. Any order made in supplementary proceedings may be served 
by delivering a certified or sworn copy thereof to the person against 
whom the same is made, and such service may be made by the bailifE or 
by any party to the proceedings or by his attorney or agent. All other 
proceedings hereunder shall be regulated by such rules as may be adopted 
by a majority of the judges of the municipal court in accordance with 
the provisions of this Act. 

§ 75. The clerk of the municipal court shall receive the following 
fees, to be taxed as costs when the service, in the performance of which 
the same accrue is rendered in any cause in said court: 

First — In a case of the first class the plaintiff, at the time of com- 
mencing his suit, shall pay to the clerk in full, except as hereinafter 
stated, for all services to be rendered by the clerk for the plaintiff in 
said suit, the sum of $6.00, and the defendant shall, at the time of 
entering his appearance, pay to the clerk in full, except as hereinafter 
stated, for all services by the clerk for the defendant in said suit, the 
sum of $4.00. 

Second — In a case of the fourth class the plaintiff shall, at the time 
of commencing his suit, pay to the clerk in full, except as hereinafter 
stated, for all services to be rendered by the clerk for the plaintiff in 
said suit, the following fees: 

When the amount claimed by the plaintiff in money or property does 
not exceed $200.00, the sum of $2.00 ; Avhen the amount claimed by the 
plaintiff, in money or property, exceeds $200.00 but does not exceed 
$1,000.00, the sum of $5.00; in a case of forcible detainer when the 
plaintiff does not unite with his claim for possession of the property any 
claim for rent or damages, the sum of $2.00 ; when in any action of 
forcible detainer the plaintiff unites with his claim for possession of 
the property a claim for rent or damages, not exceeding the sum of 
$200.00, the further sum of $2.00 ; when in any action of forcible de- 
tainer the plaintiff unites with his claim for possession of the property 
a claim for rent or damages exceeding $200.00, the further sum of 
$5.00. The defendant in a case of the fourth class, at the time of 
entering his appearance, shall pay to the clerk in full, except as here- 
inafter stated, for services to be rendered by said clerk, if the suit be 
other than an action of forcible detainer, when the amount claimed by 
the plaintiff, in money or property, exceeds $200.00, the sum of $2.00 ; 
if the suit be an action of forcible detainer in which the plaintiff unites 
with his claim for possession of the property a claim for rent or damages 
exceeding $200.00, the sum of $2.00. 



250 COURTS. 



Third — Any party who demands a trial by jury, at the time of making 
said demand^ in addition to the above fees, shall pay to the clerk the 
sum of $6.00. 

Four&v — ^In criminal and quasi criminal cases and proceedings in the 
municipal court instituted in the name or by the authority of the people, 
or in the name of any State or county officer in his official capacity, or 
in the name of the city of Chicago, or in the name of any officer thereof 
in his official capacity, or in the name of any municipal corporation or 
any board of public park commissioners whose territory is situated in 
whole or in part within the city of Chicago, and in cases of the sixrli 
class, the clerk's fees in full for service rendered by him, shall be the 
sum of $6.00 in all cases other than proceedings for the arrest, examina- 
tion, commi-tment and bail of persons charged with criminal offenses, 
in which last mentioned proceedings the clerk's fees shall be the sum 
of $8.00. 

Fifth — 'The services to be rendered by the clerk as mentioned in this 
section shall not include the making or furnishing of a transcript of the 
record or any part thereof in any cause, but in addition to- the fees 
here provided for, the clerk shall receive from the party ordering the 
same, the sum of fifteen cents for each one hundred words for tran- 
scribing any portion of the record, files and proceedings of said court, 
and in addition thereto the sum of twenty-five cents for the clerk's cer- 
tificate and S'Bal of the court. In addition to the above, there shall be 
paid to the clerk the following fees : For taking an acknowledgment 
of any chattel mortgage, assignment of wages or other written instru- 
ment, including the certificate of the clerk thereto, the sum of twenty- 
five cents, and in addition thereto the sum of fifteen cents for eyery one 
hundred words entered or recorded by the clerk. 

§ 76. The bailifi: of the municipal court, or any sheriff, or coroner, 
shall receive the following fees to be taxed as costs in the cause in 
which the service is rendered : 

First — The party delivering to the bailiff, or to the sheriff, or coroner, 
any summons, writ of attachment, writ of replevin, subpoena, writ of 
execution, or other process, shall, at the time of making such deliver}', 
pay to said officer, in a case of the first class, the sum of one dollar and 
seventy-five cents ($1.75), and in a case of the fourth class the sum of 
one dollar ($1.00), for each defendant or other person named in such 
process upon whom service thereof is to be made, and. upon delivering 
to said bailiff, sheriff, or coroner, any citation in supplementary pro- 
ceedings, the plaintiff shall pay to said officer, in all cases, the sum of 
one dollar ($1.00). In cases of writs of attachment, replevin or execu- 
tion, he shall pay to the bailiff, sheriff, or coroner, as the case may be, 
the further sum of one dollar and seventy-five cents ($1.75) in a case 
of the first class, and the further sum of one dollar ($1.00) in a case 
of the fourth class, when any levy upon or seizure of property is to be 
made thereunder, and shall also pay to said officer the actual expense of 
seizing and caring for any property levied upon or seized thereunder, 
and the costs for other services of the bailiff, sheriff, or coroner, as the 



COURTS. 351 



case may be, shall be the same, except as herein otherwise provided, as 
those required by law, from time to time, to be paid for similar services 
in cases in the circuit and criminal courts of Cook county, excepting 
that no charge shall be made for mileage in the serving of any writ with- 
in the city of Chicago, and no charge shall be allowed for the service 
of any alias writ, when the costs above provided for the original writ 
have been paid. 

Second — The bailiff, as commissions on money realized by execution, 
shall in all cases collect from the defendant in the execution five (5) 
per cent upon the amount realized, if it do not exceed one hundred 
dollars ($100.00) ; but if the amount realized exceed one hundred dol- 
lars ($100.00) the bailiff shall collect five (5) per cent on the first one 
hundred dollars ($100.00) and three (3) per cent upon the excess over 
one hundred dollars ($100.00). 

§ 77. The fees and mileage of witnesses shall be the same as those 
allowed by law, from time to time, to witnesses in cases in the circuit 
and criminal courts of Cook county, and any party cited to be examined 
in supplementary proceedings, shall be allowed the same fees and mileage 
as any other witness : Provided, that in any civil cause claim for such 
witness fees and mileage shall be supported by affidavit and filed in the 
cause within five days after the entry of the final order, judgment or 
decree. 

§ 78. A charge of fifteen cents for each one hundred words contained 
in any statement of facts for review procured by the successful party 
shall be taxed as costs against the losing party in any case unless other- 
wise ordered by the court. All other costs not expressly herein provided 
for shall be the same as the costs provided by law in cases in the circuit 
and criminal courts of Cook county, and all costs shall be taxed in 
favor of the successful party and against the unsuccessful party, in the 
same way and to the same extent as costs in similar cases are taxed in 
the circuit and criminal courts of Cook count}^, unless the court shall 
otherwise direct. 

§ 79. In any civil case the court may, in its discretion, order that an 
advance payment of costs may be waived in favor of any poor person 
whose financial circumstances, as made to appear to the court, are such 
that such advance payment would be unduly burdensome or oppressive. 

§ 80. No advance costs o.f any kind or character shall be required to 
be paid in any criminal or quasi criminal case, but in case of final Judg- 
ment being entered against the defendant, all the costs of the suit may, 
in the discretion of the court, be awarded against him and collected by 
execution or otherwise, as the court may direct. In proceedings for the 
prevention of the commission o.f crime, when the complaint is not sus- 
tained and the court is of the opinion that the prosecution was com- 
menced maliciously without probable cause, judgment may be given 
against the complainant for the costs of prosecution; but when the 
persan complained of is required to give security to keep the peace or 
for Jiis good behavior, the cour.t may order that the costs of the prosecu- 
tion, or any part thereof, shall be paid by such person, who may be 



COURTS. 



committed until the costs are paid or he is otherwise legally discharged. 
In proceedings for the arrest, examination, commitment and bail of 
persons charged with criminal offenses, where the court finds that an 
offense has been committed and that there is probable ground to believe 
the defendant guilty, the clerk shall certify the amount of the costs, and 
in case of the defendant's conviction, the same shall be taxed against 
him as a part of the costs in the cause in which he is so convicted. In 
proceedings pertaining to searches and seizures of personal property by 
means of search warrants, the court may, if it appears that there was 
no probable cause for suing out the warrant, tax the costs against the 
complainant and award execution against him therefor. In bastardy 
cases, in case judgment is rendered against the defendant, the costs shall 
be taxed against him as a part of the costs in such cause ; but in case he 
is acquitted of the charge, the costs may be taxed against the complain- 
ing witness : Provided^ that in taxing costs in any criminal or quasi 
criminal case, no fee far the issuance of a warrant shall be included. 

§ 81. Fees of jurors in the municipal court and any expense incurred 
on an order of court for the keeping jurors together shall be paid out of 
the treasury of the city of Chicago, upon the certificate of the clerk 
of the municipal court. The expense oi dieting prisoners in the custody 
of the bailiff shall be paid out of the city treasury of the city of Chicago, 
upon the certificate of the bailiff. The bailiff shall convey all persons 
convicted by the municipal court to the places of confinement specified 
in the judgments of the court, and for so, doing shall receive such fees 
from the State as compensation therefor as is now fixed and designated 
for sheriffs in counties of the third class, which compensation, less the 
actual expense of conveying said convicts, shall be turned over by the 
bailiff of [to] the city of Chicago.. 

§ 82. All moneys collected upon judgments of the municipal court 
in criminal and quasi criminal cases, and in cases of the sixth class, shall 
be paid to the clerk of the court. In bastardy cases said clerk shall imme- 
diately pay said moneys to the one for whose use the judgment is entered. 
The clerk shall, at the end of every three months, apply all moneys 
callected upon any judgment in any quasi criminal other than bastardy, 
or in any criminal case, or so much thereof as may be necessary, to the 
payment of the uncollected costs, witness fees and mileage excepted, in 
criminal cases, quasi criminal cases instituted in the municipal court in 
the name of the People, or in the name of any State or county officer 
in his official capacity, and pay over the balance, if any, to the officer 
entitled by law to receive the same. The clerk shall, on or before the 
tenth day of the month, following the month in which any moneys shall 
have been collected upon judgments in favor of the city of Chicago, pay 
over all such moneys to said city, and within the same time, shall pay 
to the city of Chicago all the costs and one-half of all fines and penalties 
collected for violation of ordinances of any board of public park com- 
missioners whose territory is situated in whoje or in part within the 



COURTS. 253 



limits of the city of Chicago. The balance of said fines and penalties 
shall be paid to the respective plaintiffs whose ordinances have been 
violated. 

§ 83. All fees and costs collected in each month by the clerk and 
bailiff shall be paid over by them respectively to the city of ChicagO;, on 
or before the tenth day of the following month, and the clerk and bailiff 
shall be held personally responsible for all fees and costs required to be 
paid to them in advance, as hereinbefore provided. The clerk and bailiff 
shall be required to keep complete and accurate accounts of all moneys 
collected by them and by their respective deputies, and such accounts 
shall, under the direction of the chief justice of said municipal court, be 
examined and audited mojithly, the -expense thereof to be paid by the 
city. 

§ 84. Whenever any law provides that any document or instrument 
shall be acknowledged, filed or entered before a justice of the peace, in 
such case within the city of Chicago, the clerk of the municipal court 
shall have the powers of a justice of the peace in respect thereto. 

§ 85. The offices of justice [s] of the peace, police magistrate and con- 
stables in and for the territory within the city of Chicago are abolished, 
and the jurisdiction, power and authority, both judicial and ministerial, 
of justices of the peace in the territory of the county of Cook, outside 
of the city of Chicago, to perform any act whatever, is hereby limited to 
the territory of said county outside of said city. The jurisdiction hereby 
conferred upon the municipal court shall exclude the exercise of any por- 
tion of such jurisdiction by all other courts, excepting courts of record, 
and no other court than a court of record shall exercise jurisdiction in 
any case in which said municipal court is given jurisdiction by this Act, 

§ 86. The dockets of former justices of the peace and all papers in 
their possession pertaining to proceedings had before them that were deliv- 
ered up to the clerk of the municipal court upon the organization of said 
court, shall be preserved by the clerk of said municipal court in his office 
kept in the first district. Said clerk shall have as full power and authority 
to certify to transcripts of such proceedings as such justices of the peace 
would have had the offices not been abolished. Executions directed to 
the bailiff of the municipal court or to the sheriff of Cook county may be 
issued by the clerk of said court upon any unsatisfied judgments rendered 
by such justices of the peace in all cases in which the same might have 
been issued had such offices of justice of the peace not been abolished; 
and every such execution shall be a lien upon all the personal property 
of the defendant subject to execution in Cook county from the time the 
same is delivered to the bailiff, or to the sheriff of Cook county, and the 
same may be levied upon any such property of the defendant in Cook 
county. 

§ 87. The invalidity of any portion of this Act shall not affect the 
validity of any other portion thereof, which can be given effect without 
such invalid part. 

§ 88. All acts performed, elections held and proceedings had, under 
and in pursuance of the provisions of the Acts entitled, "x\n Act in rela- 



254 ' COURTS. 



tion to a municipal court in the city of Chicago/' approved May 18, 1905, 
and "An Act to amend an Act entitled, 'An Act in relation to a muni- 
cipal court in the city of Chicago/ approved May 18, 1905/' approved 
June 3, 1907, or either of them, are hereby ratified and confirmed and 
declared to be valid and binding. Said Acts shall be repealed upon this 
Act becoming operative. 

§ 89. This Act shall be submitted to a vote of the legal voters of the 
city of Chicago at the first regular municipal, judicial, general or special 
election which shall occur in said city of Chicago after the date of the 
passage of this Act. The ballots to be used at said election in voting 
upon this Act shall be in substantially the following, form : 



For consenting to the Act entitled, "An Act in rela- 
tion to the municipal court of Chicago." 



Against consenting to the Act entitled, "An Act in 
relation to the municipal court of Chicago." 



If a majority of the legal voters of said city voting on the question at 
such election shall vote in favor of consenting to this Act, the same shall 
immediately thereupon take effect and become operative. 

Approved June 28, 1913. 



RECEIVERS APPOINTED BY COURT — SUITS AND PROCEEDINGS AGAINST. 

§ 1. Receiver sued without leave of court— suit I § 2. Emergency, 
subject to general equity jurisdiction of 
court appointing. I 

(House Bill No. 588. Approved June 23, 1913.) 

An Act in relation to suits and proceedings against receivers appointed 
by any court of the State of Illinois. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assemhly: That every receiver or manager of 
any property appointed by any court of the State of Illinois may be sued 
in respect of any act or transaction of his in carrying on the business 
connected with such property, without the previous leave of the court in 
which such receiver or manager was appointed; but such suit shall be 
subject to the general equity jurisdiction of the court in which such re- 
ceiver or manager was appointed, so far as the same shall be necessary 
to the ends of justice. 

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

Approved June 23, 1913. 



COURTS — CRIMINAL CODE. 



SrPREME COURT — CLERK S SALARY AND FEES. 
§ 1 . Salary of clerk — disposition of fees and coats— expenditures of ofRce. 

(House Bxih No. 442. Approved June 26, 191.3.) 

An Act to fix the compensation of the cleric of the Supreme Court and to 
provide for the payment of the fees of his office into the State treas- 
ury. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That the clerk of the Supreme Court 
hereafter elected shall receive an annual salary of seventy-five hundred 
dollars ($7,500) payable in monthly installments from the State treasury, 
on the warrant of the Auditor of Public Accounts. At the expiration 
of. the term of the clerk of the Supreme Court now in office, all fees and 
costs paid to or received by said clerk shall be paid quarterly into the 
State treasury. Expenditures for clerk hire and other expenses of the 
office of said clerk shall be made only in pursuance of appronriations made 
bv the General Assembly and on the warrant of the Aiiditor of Public 
Accounts. 
Approved June 26, 1913. 



CEIMII^AL CODE. 



GASOLINE RECEPTACLES — COLOR AND LABEL. 

§ 1. Receptacles. . I § 2. Penalty for violation. 

(House Bill No. 220. Approved June 27, 1913.) 

An Act prescribing a color and label for gasoline receptacles. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the. General Assembly : That all receptacles for gasoline, used 
in the retail trade, shall be red, and shall be labeled "gasoline," in letters 
of a contrasting color, and of a height of not less than one-half inch, and 
it shall be unlawful, in such retail trade, or anything pertaining thereto, 
to put gasoline into any receptacle of any other color than red, or not 
labeled as above required. 

§ 2. Any person violating the- foregoing section of this Act shall be 
subject to a fine of not less than ten dollars. 

.\PPR0VED June 27. 1913. 



256 CEIMIlSrAL CODE. 



OPTIONS IN GEAIN^ STOCK, ETC. 



§ 132. As amended, adds last provision 
concerning "winner. " 



§ 1 . Amends sections 130 and 132, Act of 1874. 

§ 130. As amended, adds provision con- 
cerning option or contract to be 
settled by payment of differ- 
ences in prices, etc. 

(Senate Bill No. 126. Filed June 11, 1913.) 

An Act to amend sections 130 and 132 of an Act entitled, "An Act to 

revise the laiv in relation to criminal jurisprudence,'" appro'ved March 

27, 187 J^, in force July 1, 187 J^. 

Section 1. Be it eiiacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 130 and 132 of ail 
Act entitled, "An Act to revise the law in relation -to criminal juris- 
prudence," approved March 27, 1874, in force July 1, 1874, be amended 
so as to read as follows : 

§ 130. Whoever contracts to have or give to himself or another the 
option to sell or buy, at a future time, any grain, or other commodity, 
stock of any railroad or other company, or gold, where it is at the time 
of making such contract intended by both parties thereto that the option, 
whenever exercised, or the contract resulting therefrom, shall be settled, 
not by the receipt or delivery of such property, but by the payment only 
of differences in prices thereof, or whoever forestalls the market by 
spreading false rumors to influence the price of commodities therein, 
or corners the market, or attempts to do so in relation to any of such 
commodities, shall be fined not less than $10 or more than $1,000, or 
confined in the county jail not exceeding one year, or both; and all 
contracts made in violation of this section shall be considered gambling 
contracts, and shall be void. 

§ 132. Any person who shall, at any time or sitting, by playing at 
cards, dice or any other game or games, or by betting on the side or 
hands of such as do game, or by any wager or bet upon any race, fight, 
pastime, sport, lot, chance, casualty, election or unknown or contingent 
event whatever, lose to any person, so playing or betting, any sum of 
money, or other valuable thing, amounting in the whole to the sum of 
$10, and shall pay or deliver the same or any part thereof, the person 
so losing and paying or delivering the same, shall be at liberty to sue 
for and recover the money, goods or other valuable thing, so lost and 
paid or delivered, or any part thereof, or the full value of the same, by 
action of debt, replevin, assumpsit, or trover, or proceeding in chancery, 
from the winner thereof, with costs, in any court of competent jurisdic- 
tion. In any such action at law it shall be sufficient for the plaintiff 
to declare generally as in actions of debt or assumpsit for money had 
and received by the defendant to the plaintiff's use, or as in actions of 
replevin or trover upon a supposed finding and the detaining or con- 
verting the property of the plaintiff to the use of the defendant, where- 
by an action hath accrued to the plaintiff according to the form of this 
Act, without setting forth the special matter. In case the person who 
shall lose such money or other thing, as aforesaid, shall not, within six 



CRIMINAL CODE. ^5'(t 



months really and bona fide, and without covin or collusion, sue. and 
with effect prosecute, for such money or other thing, by him lost and 
paid or delivered, as aforesaid, it shall be lawful for any person to sue 
for, and recover treble the value of the money, goods, chattels and other 
things, with costs of suit, by special action on the case, against such 
winner aforesaid; one-half to use of the county, and the other to the 
person suing. No person who accepts from another person for trans- 
mission, and transmits, either in his own name, or in the name of such 
other person, any order for any transaction to be made upon, or who 
executes any order given to him by another person on, any regular board 
of trade or commercial or stock exchange, shall, under any circum- 
stances, be deemed a "winner^' of any moneys lost by such other person 
in or through any such transactions. 
Filed June 11, 1913. 



This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being 
in session, it has thereby become a law. 
Witness my hand this eleventh (11th) day of June, A. D. 1913. 

Harry Woods, 

Secretary of State. 



TOY PISTOLS FOR BLANK CARTRIDGES. 
1 . Unlawful to sell, trade or give away toy pistol for blank cartridges— nenalty. 
(House Bill No. 682. Approved June 27, 1913.) 

An Act making it a misdemeanor to sell, trade or give away any toy 
pistol so made or constructed that it can he used to shoot hlanl- car- 
tridges; and to fix the punishment therefor. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That it shall be unlawful to sell, 
trade, or give away any toy pistol so made, or constructed, that it can 
be used to shoot blank cartridges. Any • person violating any of the 
provisions of this Act shall be deemed guilty of a misdemeanor and on 
conviction thereof shall be fined in any sum not less than five dollars 
($5.00) and not exceeding twenty-five dollars ($25.00). 
Approved June 27, 1913. 



—17 L 



258 CRIMINAL CODE — DEBTOR AND CREDITOR. 



TRIAL FOR CRIMINAL OFFENSE PROLONGATION. 

§ 1. Amends section 14, division 13, Act of § 2. Emergency. 
1874. 

§ 14 . As amended, trial may extend into 
succeeding term of court. 

(House Bill No. 212. Approved March 21, 191.3.) 

An Act to amend section llf of division XIII of an Act entitled, "An 

Act to revise the law in relation to criminal jurisprudence," approved 

March 27, 187 If, in force July 1, 1874, tis amended hy all subsequent 

Acts amendatory thereof. 

Section 1. Be it enacted hy the the People of the State of Illinois rep^ 
resented in the Genei'al Assembly: That section 14 of division XIII 
of an Act entitled, "An Act to revise the law in relation to criminal 
jurisprudence/' approved March 27, 1874, in force July 1, 1874, as 
amended by all subsequent Acts amendatory thereof, be amended so as 
to read as follows: 

§ 14. The court in which a trial for a criminal offense is pending 
may continue in session until the verdict is rendered and judgment 
entered, notwithstanding the judge may be recjuired by law to hold 
court in another county before the conclusion of such trial, and not- 
withstanding the fact that the time occupied by such trial and the con- 
clusion thereof may extend into and overlap a succeeding term or terms 
of the court in which such trial is pending. 

§ 3. Whereas^ An emergency exists, therefore, this Act shall be in 
force and effect immediately after its passage and approval by the 
Governor. 

Approved March 21, 1913. 



DEBTOE AND CREDITOE. 



CHATTELS IN BULK SALE OR TRANSFER. 

§ 2. Penalty for false statements. 



§ 1. When sale, transfer or assignment of goods 
or fixtures void— sworn statement of ven- 
dor — written notice to creditors by vendee 
—proviso. 



§ 3. Vendors and vendees defined — what sales 
exempt. 



(Senate Bill No. 58. Approved May 3, 1913.) 

An Act to regulate the sale or transfer of goods, wares, merchandise, 
and other chattels in hulk and to provide certain penalties in connec- 
tion therewith. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That the sale, transfer, or assignment 
in bulk of the major part or the whole of a stock of merchandise, or 
merchandise and fixtures or other goods and chatfels of the vendor's 
business, otherwise than in the ordiuarv course of trade and in the reg- 



DEBTOR AND CREDITOR. 259 



ular and usual prosecution of the vendor's business shall be fraudulent 
and void as against the creditors of the said vendor, unless the said 
vendee shall, in good faith, at least five (5) days before the conaum- 
mation of such sale, transfer or assignment demand and receive from 
the vendor a written statement under oath of the vendor or a duly 
authorized agent of the vendor having knowledge of the facts, contain- 
ing a full, accurate and complete list of the creditors of the vendor, their 
addresses and the amounts owing to each as near as may be ascertained, 
and if there be no creditors, a written statement under oath to thai 
effect; and unless the .said vendee shall at least five days before taking 
possession of said goods and chattels and at least five days before the 
payment or delivery of the purchase price, or consideration of any evi- 
dence of indebtedness therefor, in good faith, deliver or cause to be de- 
livered or send or cause to be sent personally or by registered letter 
properly stamped, directed and addressed, a notice in writing to each 
of the creditors of the vendor named in the said statement or of whom the 
said vendee shall have knowledge, of the proposed purchase by him of 
the said goods and chattels and of the price, terms and conditions of 
such sale: Provided, however, that it shall be lawful for the vendee to 
pay to the vendor so much of the purchase price as shall be in excess 
of the total amount of the indebtedness of the vendor, before the ex- 
piration of the five days hereinabove referred to. 

§ 2. Any vendor of all or the major portion of a stock of merchan- 
dise or merchandise and fixtures or other goods and chattels of the ven- 
dor's business, in bulk, otherwise than in the ordinary course of trade and 
in the regular and usual prosecution of the vendor's business or any 
person for or on behalf of such vendor who shall knowingly or wilfully 
make or deliver or cause to be made or delivered any false statement or 
any statement which in any material portion is false or shall knowingly 
or wilfully fail to include the names of all the creditors of said vendor 
in said statement, as provided for in section 1, of this Act, shall be 
guilty of a misdemeanor and upon conviction thereof shall be punished 
by a fine of not more than one thousand dollars ($1,000.00) or by im- 
prisonment for not more than one (1) year or both in the discretion 
of the court. 

§ 3. Vendors and vendees under this Act shall include corporations, 
associations, co-partnerships and individuals, who shall be party to any 
sale, transfer or assignment, of goods and chattels in bulk. But nothing 
contained in this Act shall apply to sales by executors, administrators, 
receivers, trustees in bankruptcy or by any public officer under judicial 
process nor to sales of exempt property or any sale or transfer made in 
the ordinary course of trade and in the regular and usual prosecution 
of the vendor's business nor to sales made in good faith at public auction, 
where notice of such sale is given in a newspaper of general circulation 
within the county where such sale is made, at least ten days before such 
sale or by posting of notices in at least five public places at least ten 
days before said sale. 

Approved May 3, 1913. 



260 



DEAINAGE. 



DEAINAGE. 



Amends sections 2, 11, 12, 14, 16, 17, 17b, 17J 
26i, 34J, 37, 44, 51, 59 and 62, Act of 1879. 



ACT OF 1879 EEVISED. 

§ 26i. 



§ 2. 

[§ 11. 
§ 12. 



Petition for organization 
drainage district. 

Omitted.] 



of 



Alteration of plans — boundaries 
— assessment of benetits — ^pro- 
viso. 



f§ 14. Omitted.] 

§ 16. Order of confirmation — appeal 
or writ of error to Supreme 
Court. 

r§ 17. Omitted.] 

§ 17b. Examination by jury — verdict 
— contents — court to confirm 
and enter judgment on verdict 
— appeals and writs of error- 
court may submit to jury 
form of verdict. 

§ 17J . Assessment of benefits to repair 
and keep in repair. 



[§ m- 

§ 37. 
§ 44. 



Annual amount of benefits — 
when payable— proceedings- 
reports — may borrow money. 

Omitted.] 

Suits — money to be used under 
direction of court — a s s e s s- 
• ments— pumping plants. 

Before coptract let, court may 
order commissioners to aban- 
don district. 



§ 51 . No second tax. 

§ 59 . Constructing additional ditches, 
etc. — proceedings — s u b - d is- 
trict— assessments. 

§ 62 . Appointment of commissioners. 

§ 2. Repeals sections 52, 53 and 54— rights 
saved. 

§ 3. Emergency. 



(Senate Bill No. 398. Appeoved June 27, 1913.) 

An Act to americl sections two (2), twelve (12), sixteen (16), seventeen 
(11), seventeen B (17B), seventeen and one-half (17 1-2), twenty-six 
and one-half (26 1-2), thirty-seven (37), forty-four (Jt-J/:), fifty-one 
(51), fifty-nine (59), and sixty-two (62), and to repeat sections fifty- 
two (52), fifty-three (53), and fifty-four (54) of an Act entitled, 
"An Act to pro<vide for the construction; reparation and protection of 
drains, ditches and levees across the lands of others for agricultural, 
sanitary and mining purposes, and to provide for the organization of 
drainage districts," appi'on)ed and in force May 29, 1879 ; as amended 
by an Act approved June 30, 1885, in force July 1, 1885; as amended 
hy an Act approved June I^, 1889, in force July 1, 1889; as 
amended hy an Act approved June 2Jf, 1895, in force July 1, 1895; 
as amended hy an Act approved May 10, 1901, in force July 1, 
1901; as amended hy an Act approved May IJj-, 1903, in force July 
1, 1903; as amended hy an Act approved and in force May 20, 1907; 
as amended hy an Act approved and in force May 29, 1909. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That sections two (2), eleven (11), 
twelve (12), fourteen (14), sixteen (16), seventeen (17), seventeen B 
(17B), seventeen and on-half (17%), twenty-six and one-half (26%), 
thirtj^-four and one-half (34%), thirty-seven (37), forty-four (44), 
forty-seven (47), fifty-one (51), fifty-nine (59), and sixty-two (62), 
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 



DEAINAGE. 261 



agricultural, sanitary and mining purposes, and to provide for the organ- 
ization 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 ; as amended by 
an Act approved and in force May 29, 1909, be and the same are hereby 
amended to read as follows : 

§ 2. Whenever a majority of the owners of lands within a district 
proposed to be organized, who shall have arrived at lawful age and who 
represent one- third in area of said land, or wherever one-third of the 
owners of lands within a district proposed to be organized who shall 
have arrived at lawful age and who represent a major portion in area of 
the said lands, desire to construct a drain or drains, ditch or ditches, levee 
or levees, or other work to be known in this Act as a "drainage and levee 
. district" or ''drainage and levee work," across the lands of others, for 
agricultural, sanitary or mining purposes, or to maintain and keep in 
repair any such drain or drains, ditch or ditches, levee or levees, hereto- 
fore constructed under any law of this State, or to establish in said dis- 
trict a combined system of drainage or protection from overflow, inde- 
pendent of levees, for agricultural, sanitary or mining purposes and main- 
tain the same by special assessments upon the property benefited thereby, 
such owners may file in the county court of any county in which the 
greater part of the lands so proposed to be organized into a drainage dis- 
trict, shall lie, a petition signed by the requisite number of land owners 
owning the required area as in this section provided within said district 
proposed to be organized as aforesaid, setting forth the proposed name of 
the said drainage district, the necessity of the same, with a description of 
the proposed starting points, routes and termini of the work and a general 
description of the lands proposed to be affected, with the names of the 
owners, when known, and if the purpose of said owners is the repair and 
maintenance of a ditch or ditches, levee or levees, or other work, hereto- 
fore constructed under any law of this State, said petition shall give a 
general description of the same, with such particulars as may be deemed 
important and may pray for the organization of a drainage district, by • 
the name and boundaries proposed, for the appointment of commissioners 
under this Act. 

§ 12. The commissioners shall not be confined to the point of com- 
mencement, route or termini of the drains or ditches or to the number, 
extent or the size, or the manner of constructing of the same, or the loca- 
tion, plan or extent of any levee, ditch or other work to that proposed 
by the petitioners, but shall locate, design, lay out, plan the same in such 
manner as they shall think will drain or protect the petitioners' lands 
with the least damage and greatest benefit to all lands to be affected 
thereby; and any plans, ditches, drains or other work proposed by the 



2G3 DRAINAGE. 



commissioners may^ on the application of any person interested;, or the 
commissioners^ be altered or additional drains or other work shall be 
established by order of the court in such manner as shall appear to the 
court to be just. If the commissioners find that the proposed district, as 
described in the petition filed, will not embrace all the lands that will be 
benefited by the proposed work, or that it will include lands that will not 
be benefited, and not necessary to be included in said district for any 
]3ur]3ose, they may extend or contract the boundaries of the proposed dis- 
trict, so as to include or exclude all such lands, as the case may be, and 
the boundaries adopted and reported by said commissioners may at any 
time before the court declares the district established, upon the applica- 
tion of the commissioners, or of any person interested, be altered by the 
court in such manner as shall appear to the court to be just; and the 
court may change the name of the district or proposed district, at the 
same time in the same order establishing a drainage district: Provided, 
the alteration of boundaries as aforesaid shall not have the effect of so 
far enlarging or contracting the proposed district that the petitioners 
will no longer constitute a majority of the adult land owners of the lands 
in said proposed district, who represent at least one-third of its area, 
or who constitute one-third of the adult land owners of the lands therein 
situated who represent a major portion in area of the lands therein. 

Any person or persons owning lands adjoining or contiguous to said 
proposed district may at any time by application in writing to said court, 
reasonable notice thereof having been previously given to the commis- 
sioners, annex his lands to said district ; atid if such application be made 
after the latest general assessment of benefits against the lands in said 
district as herein provided, the court, if the owners agree thereto in writ- 
ing, or the commissioners, or a jury of said court shall, on such applica- 
tion to annex, hear evidence and make the assessment of benefits against, 
or d&mage in favor of, the lands so annexed, and the court may order 
said assessments of benefits payable in installments corresponding as near 
as may be to the time of payments of general assessments and add the 
same to the general assessment roll of the district, and the collection of 
such additional assessments may be enforced as in other cases ; such addi- 
tional assessment roll shall also be recorded in the county court, and the 
same shall be a lien upon such lands from the filing thereof for record 
until paid. 

§ 16. If, after hearing all objections, if an}^, to the report of the com- 
missioners, and all applications, if any, to annex other lands to the pro- 
posed 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 appointed 

by this court to examine the lands projDOsed to be drained or protected 
and the lands over which the work is proposed to be constructed (if addi- 
tional lands are recommended by the commissioners to be brought into the 



DRAINAGE. 263 



proposed district, insert here the giving of notice to the owners of such 
land, as required in section thirteen 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 objections to the same, it is ordered by the 
court that the report of said commissioners (or, if said report has been 
modified by the court, as modified by the court) be and the same is hereby 
confirmed; and the court further finds that the proposed work in said 
petition to be done will be useful for agriculture, sanitary or mining pur- 
poses to the owners of land within 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 iDy the order con- 
firming the report of the said commissioners, and said district is hereby 
declared to be a body politic and corporate, by the name mentioned in 
said order of court, with the right to sue and be sued, and to have per- 
petual succession, and may adopt and use a corporate seal ; and the com- 
missioners appointed as aforesaid and their successors in office shall, from 
the entry of such order of confirmation, constitute the corporate author- 
ities 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 there- 
by : 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 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 dis- 
trict, and assessed therein under the provisions of sections fifty-eight, 
sixty and sixty-one 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 



264 DEAINAGE. 



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 the same 
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, when directed by the court, also make an 
assessment of the "annual amount" of benefits which each tract will 
sustain by keeping said levees, ditches or other work in repair, and to 
maintain in operation pumping plants, if any there be in such district, 
all of which shall be known as the "commissioners' roll of assessments 
of benefits and damages." 

§ 17B. And thereupon said jui-y shall proceed to select a foreman 
and a clerk from said Jury, and in charge of such foreman shall, in 
case any party in interest shall so request, proceed to examine the lands, 
railroads, streets, alleys and public highways to be affected by the pro- 
posed work. The jury shall 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, when directed by the court, the jury may also ascer- 
tain the "annual amount" of benefits which each tract will sustain by 
keeping said levee, ditches or other work in repair, 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 required, 
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 (if such view shall have been requested by any party in 
interest) and consider it with the other testimony offered in the case 
and allowed by the court, which verdict when so completed shall pro- 
duce the total sum of the estimated cost of the proposed 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, when required, and the amount of damages allowed, 
and said verdict shall then be signed by the jury and filed in the court. 



DRAINAGE. 265 



and shall be taken and held to be the verdict of the jury upon all ques- 
tions of benefits and damages arising in the proceedings ; and thereupon 
the court shall confirm 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 the said 
judgment, until paid. Appeals and writs of error shall be allowed 
therefrom as in cases of appeals from 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, to 
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 appealed from, and the same shall be collected as 
if no appeal has been taken. 

The court shall, if necessary, 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 
the 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 
discharged to correct any errors or omissions therein. 

§ 171/2. 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 lands 
within said district. In case such assessment of annual benefits is not 
made at the time of the original organization of said district or the same 
is thereafter found to be insufficient, the same may be provided for or 
increased in the same manner as herein provided for the levying of 
additional assessments in such districts. 

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 commis- 
sioners shall causae to be made an assessment of benefits which said lands 
will sustain by repairing said levee or ditches, and also the "annual 
amount" of benefits which said lands will sustain by keeping said levee 
or ditch in repair thereafter and such assessment of benefits shall be 
made in the manner provided by sections seventeen (17), seventeen A 
(17 A) and seventeen B (17B) of this Act, but in all other respects the 



266 DRAINAGE. 



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 em- 
braced in the proceedings, the "annual amount of benefits" assessed to 
keep said levee or ditch in repair after making all necessary repairs and 
paying other necessary expenses of maintenance for any year, may be 
applied to complete the ditches, drains or levees embraced in the pro- 
ceedings, and to raising, strengthening and protecting said ditches, 
drains and levees, when required to protect the lands embraced in the 
drainage and levee districts organized under this Act, from inundation 
and overfiow, and in paying interest on any other notes or bond issued 
under this Act. 

§ 2614- III case where a levee or ditch has been heretofore built 
under any law of this State, or may hereafter be built under the pro- 
visions of this Act, the annual amount of benefits for keeping the same 
in repair shall be due and payable on the 1st day 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 
proceedings are had shall require from said commissioners a report of 
the condition of the levee or ditch at its July term of each year, to- 
gether with their estimate of the amount necessary to keep the levees 
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 pro- 
tect 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 and levee districts organized under this Act, 
from inundation and overfiow; and if the court shall find that a less 
amount will be required for such ensuing year, than the whole amount 
of the assessment for the 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 there- 
after 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 in districts which now 
have, or may hereafter have, pumping plants, in which districts the 
annual amount of benefits collected each year shall be a sum sufficient 
to keep the levees, ditches, drains and other works of said district in 
repair and to maintain in operation such pumping plant or plants : 
Provided, further, that in all cases where the ditches, drains or levees 
constructed or repaired under this Act are in danger 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 



DliAINAGE. 267 



threatened, has been remitted by order of the court as herein p]-ovided, 
or when the annual amount of benefits for protecting and keeping the 
same in repair for any year is insufficient, the commissioners of drain- 
age 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 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 commissioners as to the con- 
dition of the levee or ditch ancl their estimate of the amount necessary 
to keep the levee or ditch in repair, pay all incidental and necessarv' 
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 in the drainage districts, when the pro- 
ceeding is before a justice of the peace, shall be made on the first Mon- 
day in July, in each year. 

§ 37. Said commissioners may use money arising from the collection 
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 organiz- 
ing said districts, and for conducting other proceedings, in law or in 
equity, for the same, and for the purpose of consti-ucting or repairing 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 direction or approval of 
the court; and assessments from time to time may be levied on the land 
within any district when it shall appear to the court that the previous 
assessment or assessments have been expended or are inadequate to com- 
plete such work, or are necessary for maintenance or repair, or when it 
shall become necessary for the construction of one or more pumping 
plants, or other additional work, or the completion of any work already 
commenced 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 dis- 
trict or in the keeping in repair and protection of the work of such dis- 
trict, on a petition of a majority of the land owners within said district 
who are of lawful age and represent at least one-third in area of such 
lands or on a petition of one-third of such adult land owners who repre- 
sent a majority [major portion] in area of such lands, or on the 
petition of the commissioners accompanied by an itemized statement of 



268 DRAINAGE. 



accounts, made by the commissioners under oath, showing the moneys 
received by the district and the manner in which they have been ex- 
pended, together with the plats and profiles of such additional work and 
estimated cost of the same; two weeks' previous notice of .the time set for 
the hearing of said petition in the manner required by section 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 im- 
paneled to make said assessment, as well as an assessment for annual 
amount of benefits for maintaining and operating such pumping plant 
or plants and for keeping such additional work in repair, with like pro- 
ceedings and notice as near as may be, as in cases of original assessments 
of damages and benefits under this Act, and such additional assessment 
or assessments, when made, shall have the same force and effect and be 
collected in the same manner as original assessments. 

§ 44. At any time before the contract shall have been made for the 
construction of any drain, ditch, levee or other work provided for in the 
report of the commissioners, or the order of the court made m pursuance 
thereof, which is sought to be abandoned, as hereinafter provided, upon 
petition of the majority of the adult land owners of the district repre- 
senting one-third of its area, the county court may, if upon due iiiquiry 
it shall be satisfied that justice towards all the land owners of said dis- 
trict requires it, direct the commissioners to abandon any drain, ditch, 
levee or other work, or any part thereof, mentioned in such report or 
order. Upon the filing of any such petition it shall be set down for hear- 
ing by the court, and notices of the filing of such petition, and of the 
general nature of the relief sought by the petitioners, shall be given by 
the clerk of the court in which such petition is filed for the length of time 
and in the manner (so far as applicable to the nature of the proceedings) 
required by section three (3) of the Act to which this is an amendment. 
The court may, for good cause, after the proof of notice as aforesaid, con- 
tinue the hearing of such application from time to time, and any person 
or persons interested may appear and resist such application; and the 
court, after a full hearing of all material facts pertaining thereto may 
make such order in the premises as shall appear to the court to be just. 
If the court shall determine that any portion of the proposed work shall 
be abandoned, it shall ascertain to what extent the cost of such proposed 
work shall be diminished thereby; and if the assessments for benefits 
shall have been made, such portions of saidd assessment shall be abated 
in such uniform proportion as such change of plans shall render unneces- 
sary for the completion of such works according to such modified or 
altered plans and if any lands shall have been assessed by the commis- 
sioners which, on account of such change of plans, will be wholly deprived 
of the benefits contemplated in the original plans, the court shall order 
that the entire assessments against such lands be abated. If such order 
shall be made after the assessments shall have been collected, the court 
shall order such proportion of said assessments as may be abated to be 
refunded to the person who mav have paid the same or their lawful repre- 
sentatives, and for non-compliance with such order the commissioners 



DRAINAGE. 269 



and the treasurer of said district respectively and their sureties shall be 
liable upon their respective bonds. And the court may make any other 
or further order in pursuance of the objects of this section of this Act, 
as justice to all persons whose interests may be affected by it may require. 

§ 51. When a ditch or drain of a district has been located under the 
provisions of this Act, of sufficient capacity to carry off the water that 
flows into it, and also to properly drain the land taxed for the construc- 
tion of the same, such land shall not again be taxed or assessed for the 
purpose of improving any lands of any drainage district lying above the 
lands so drained and assessed. 

§ 59. If, after an assessment of lands throughout the district has 
been made for the purpose of constructing drains or ditches, or enlarging 
or repairing the main drains or ditches of said district, according to the 
profiles, plans and specifications of the commissioners, as reported 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 that, in their judgment, additional ditches, 
drains, outlets, levees, pumping plants or other work are needed, in order 
to afford more complete drainage, they may prepare a special report as 
hereinafter provided and file the same and organize a sub-district in the 
manner hereinafter set forth without the necessity of a petition of the 
land owners therefor : Provided, that no sub-district organized upon the 
petition or report of the commissioners shall include territory embraced 
within the corporate limits of any city, village or incorporated town, 
unless, however, the proposition whether said territory shall be so em- 
braced shall have been submitted to the legal voters residing within said 
territory and said proposition shall have received favorably a majority of 
the. votes cast at an election called for that purpose by the commissioners 
and held within said territory, and in all cases where, upon written appli- 
cation 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, 
levees, pumping plants or other work are necessary in order to afford more 
complete drainage to such locality, it shall be the duty of such commis- 
sioners to examine such lands, and lay off and make plans, profiles and 
specifications of such additional work, and an estimate of the cost of the 
same and make a special report thereof, which special report, whether 
filed on petition of the land owners or not, shall describe al! of the lands 
which will be either benefited or damaged by such additional work, to- 
gether with the names of the owners, when Imown; and said commis- 
sioners may use- any money in their hands not otherwise appropriated to 
pay the necessary expenses of preparing said special report: Provided. 
said sum to be expended shall in no case exceed the sum of $500.00 ; the 
special report when prepared by the commissioners shall be filed with the 
clerk of the county court, and the commissioners shall give to all persons 
whose lands will be either benefited or damaged, whether they signed an 



270 DKAIlSrAGE. 



apjDlication for additional work or not, three weeks' notice of the filing 
and hearing of such report in the manner required by section three (3) 
of this Act; said notice shall state that the commissioners will appear 
before the county court at a day mentioned in said notice, and ask said 
court for a confirmation of such special report; and upon said hearing 
the court shall pass upon said report and may permit the same to be 
amended, and if said report is confirmed and approved by the court, a 
special assessment of benefits and damages shall be made upon all the 
lands benefited or damaged by the proposed work, in the manner pro- 
vided for the making of the original assessments of the benefits and dam- 
ages by this Act; and like proceedings shall be had therein as in other 
cases of assessment of benefits and damages provided l3y this Act; and the 
said commissioners may cause to be levied an assessment of annual bene- 
fits in said sub-districts in the same manner as annual benefits are levied 
in original districts under this Act: Provided, that if said sub-district 
does not own or operate a pumj)ing plant, such annual benefits shall not 
in any one year amount to more in the aggregate than a sum which would 
he produced by a levy of thirty cents per acre on all the lands within said 
sub-disrict. 

The affidavit of any of the commissioners, or any other creditable per- 
son, 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 said notice 
was published, shall be sufficient evidence of the publication 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-districts, 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. 

The commissioners of the principal district shall be ex officio com- 
missioners of the sub-district. 

Any lands lying outside o.f any sub-district as organized, the. owner 
or owners of which shall thereafter make connections with any ditch or 
drain within any sub-district, or wliose lands are or will be benefited by 
the work of such sub-district, shall be deemed to have made voluntary 
application to he included in such sub-district, and thereupon the 
commissioners shall make complaint as provided in section fifty-eight of 
this Act as to lands lying outside of a drainage district as organized, and 
like proceedings shall be had thereon as in cases of complaints made 
under said section fifty-eight. 

§ 62. On the first Monday of September, in each district heretofore 
organized under this Act, and on the first Monday of September after 
any district may hereafter be organized under this Act, the county court 
shall appoint three commissioners for each respective district, one to 



DRAINAGE. • 371 



serve one year, one two years and one for three years from the date of 
the first appointment nnder this section^ and on the first Monday of 
September of eacli year thereafter the said court shall appoint one 
commissioner of said district who shall hold his office for three years, 
and until his successor is chosen and qualified, but in all districts now 
organized or hereafter to be organized for the construction, reparation 
and protection of drains, ditches and levees for agricultural purposes, 
the court shall appoint as commissioner or commissioners, only such 
persons as shall be petitioned for by adult land owners representing a 
majority of the. acreage embraced in the district: Provided, such peti- 
tion is filed in said court on or before the first day of September afore- 
said. In case such petition is not filed, as aforesaid, then said court, 
within ten days after the said first Monday in September, shall appoint 
some suitable person or persons as commissioner or commissioners of 
said district without such petition : Promded, that at any time after 
the drains, ditches o.r levees, for the construction of which the district 
was organized, have been finally completed, the court may, on petition 
therefor, as aforesaid, dispense with two commissioners, and thereafter 
appoint for such district, in accordance with this Act, but one commis- 
sioner, such one commissioner to hold office for tlie term of three years 
from his appointment, and until his successor is chosen and qualified, 
and he shall perform the duties and exercise the powers thereof vested 
and imposed upon the three commissioners of such district. Whenever, 
upon the petition of ane or more land owners of said district, it shall 
appear to the court that additional work is needed in said district, the 
court may again appoint three commissioners for said district. 

§ 2. And be it further enacted that sections fifty-two, fifty-three and 
fifty-four of the said Act be and the same are hereby repealed ; saving 
and reserving, however, any rights that may have heretofore accrued 
thereunder. 

§ 3. Whereas, Aw emergency exists, therefore, this Act shall be in 
force from and after its passage. 

Approved June 27, 1913. 



ADJOINING DRAINAGE. DISTRICTS — CONNECTION. 



§ 1 . Connection with adjoining district author- 
ized. 

§ 2 . District benefited' liable for portion of cost 
of work, etc.— recovery. 

§ 3 . Contracts to adjust amounts to be paid by 
each district — approval of contract by 
county court. 

§ 4 . Notices of hearing on approval of contract. 

§ 5. Proceedings at hearing — review of decision. 

§ 6. Duty of commissioners where no contract 
made or contract disapproved. 



§ 7 . Summons against district benefited— where 
heard — practice. 

§ 8 . Court to determine sum and render judg- 
ment. 

§ 9 . What petitioning district need not prove — 
set off by defendant. 

§ 10 . Report of annual benefits to court— hearing 
— summons — practice. 

§ 11 . Court to determine amount of annual bene- 
fits. 

§ 12. Judgment — order for collection of annual 
benefits from land owners. 



272 • DEAINAGE. 



ADJOINING DRAINAGE DISTRICTS-CONNECTION — Concluded. 

§ 13. Payment of judgment. 

§ 14. Suit against corporate authorities. 

§ 15 . Trial by jury— venire. 

§ 16 . Limitation of action or pleading. 

(Senate Bill No. 395. Approved June 28, 1913.) 



§ 17. Repeals Act of 1903— rights saved. 

§ 18. Invalid portion not to affect valid por- 
tion. 



An Act to enable adjoining drainage distncts to connect their ditches, 
drains, levees, or other worlds, and to provide for the apportionment of 
the cost of the construction, operation and maintenance of the work 
of a drainage district where lands in an adjoining district are benefited 
thereby, and to repeal an Act therein named. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the Getieral Assembly: That any drainage district or- 
ganized under any law of this State^, shall have the right to connect its 
levees, ditches, or drains with the levees, ditches, or drains of any 
adjoining district. 

§ 2. That whenever any drainage district heretofore, or that may 
hereafter be organized under any law of this State, constructs, enlarges, 
extends or improves its ditch, ditches, drains, levees, or pumping plant 
or plants, or which has heretofore constructed, enlarged, extended or 
improved its ditches, drains, levees, or pumping plant or plants, within 
or beyond its boundaries in the manner provided by law, so as to benefit 
the lands or any part thereof, within any adjoining drainage district, 
such district so benefited shall be liable to the first mentioned district 
for the just proportion of the cost of such work or improvement and the 
maintenance, operation and repair thereof, based upon the amount each 
district will be benefited thereby; and the fact that the district con- 
structing the work or improvement herein mentioned, is organized and 
operating under a different law of this State from that under which the 
other district so benefited is or was organized or is operating, shall not 
preclude a recovery hereunder by such district making such improve- 
ment. 

§ 3. Whenever any such district constructs, enlarges, extends or im- 
proves its ditch, ditches, drains, levees, or pumping ]Aant or plants, or 
which has heretofore constructed, enlarged, extended or improved its 
ditches, drains, levees or pumping plant or plants, in the manner pro- 
vided in the preceding section so as to benefit the lands of any other 
adjoining district, the commissioners of said districts may enter into 
contract, in writing, settling and adjusting the respective amounts to 
be paid by each of said districts for the construction, operation and the 
maintenance of said work. Upon entering into said contract, the com- 
missioners of the district so constructing, enlarging, extending or im- 
proving its said ditch, ditches, drains, levees or pumping plant or plants, 
or which has heretofore constructed,' enlarged, extended or improved its 
ditches, drains, levees or pumping plant or plants, shall file a petition 
in the county court of the county where said district was organized, 
asking for the approval of said contract by said court to which shall be 
attached a copy of said contract. 



DRAINAGE. 273 



§ 4. Upon the filing of said petition^ the court shall set the same for 
hearing and the clerk of said court shall cause two weeks' notice of said 
hearing to be given by publishing a notice thereof for two successive 
weeks in some newspaper or newspapers published in the county or 
counties where such interested districts are situated, in whole or in 
part, and by posting up four copies thereof in four of the most public 
places within each of said districts; such notice shall be addressed to 
"All persons interested," and shall state when and in what court said 
petition was and is filed, the time and place of hearing thereon, and the 
general purpose of such hearing. Also, at least 7 days before the time 
fixed for said hearing, the said clerk of said court shall mail, postage 
prepaid, to each one of the property owners in said drainage districts, a 
notice of the time, place and general purpose of said hearing: Pro- 
vided, that where the land owners are unknown or their address [es] can- 
not upon diligent inquiry be found, then the service herein by posting 
and publication shall be sufficient service. The certificate of the clerk 
of said court or the affidavit of any other credible person that said 
notice has been published and posted and the said notice mailed, postage 
prepaid, to each of said property owners as herein required shall be 
sufficient proof of these facts. 

§ 5. Upon such hearing, all persons interested shall have a right to 
be heard, and the court shall make an order approving or disapproving 
such contract, as the circumstances of the case shall require. If, upon 
such hearing said contract shall be approved, the same shall thenceforth 
be binding upon said districts and their successive commissioners and 
shall be and constitute the measure of liability of each of said districts 
to the other, on account of such construction, operation and main- 
tenance: Provided, nothing contained herein shall in any way be con- 
strued to prevent or interfere with the right of said drainage districts, 
or either of same, or any one or more of the interested land owners in 
either of said districts, from having the decision or judgment of said 
court reviewed, either upon appeal or writ of error precisely in the same 
way and under the same rules of law and practice as now appertain to 
other matters in law or chancery. 

§ 6. In case the commissioners of the said adjoining drainage dis- 
tricts shall fail to enter into a contract settling and adjusting the 
liability of each to the other, as provided in section 3 of this Act, or in 
case such contract may have been entered into and disapproved by the 
county court on a hearing, under section 5 of this Act, it shall be the 
duty of the commissioners- of such first mentioned districts to file a 
petition, sworn to by at least two of the commissioners of said district, 
in the county court of the county where such district first mentioned 
was organized, against such other district, setting forth the facts and 
other matters under which it claims relief, together with a map, profile 
and specifications of the improvement or work done or proposed to be 
done by said district, and an estimate of the cost thereof. 



-18 L 



274 DEAINAGE. 



§ 7. Upon the filing of such petition the usual common law sum- 
mons shall issue out of said court against such other district bejiefited 
by the work of the petitioning district, which summons may be directed 
to any county in the State for service and return, and shall be served 
upon the commissioners of such other district as in common law cases. 
Said cause shall be heard and tried at any probate or common law term 
of said court, and the practice shall be as in cases at common law. 
. § 8. Upon the hearing of said cause the court in which said 
petition was filed shall determine from the evidence what sum, if any, 
either district shall receive from the other and shall render judgment 
therefor accordingly. 

§ 9. Upon such hearing it shall not be necessary for the petitioning 
district to prove or establish that it has completed the construction of 
the work or improvement herein referred to, but it shall be sufficient 
that such Avork or improvements be laid out and approved by the 
authority provided by law. In such proceeding it shall be competent 
for the defendant district to set of? or recoup any benefits occasioned to 
such petitioning district, or the lands thereof, by reason of any work 
or improvement constructed or authorized to be constructed by such 
defendant district. 

§ 10. Whenever a drainage district adjoining any other drainage 
district shall operate and maintain any ditch, ditches, drains, levees or 
pumping plant or plants, the operation or maintenance of which shall 
benefit in any degree the district so adjoining such drainage district, 
or the lands thereof, and where contract has not been entered into and 
approved as provided by sections 3, 4 and 5 of this Act, the commis- 
sioners of said district so operating or maintaining such works shall 
annually in the July term of the county court of the county where said 
disti*ict was organized, file a report and estimate showing the amovmt of 
annual benefits estimated to be required for the operation and main- 
tenance of such works for the ensuing year and what proportion thereof 
they estimate should be borne by each of said districts. Upon the filing 
of said report the court shall set the same for hearing and a summons 
shall issue, directed to any county in the State, against the commis- 
sioners of said adjoining district: Provided, at least ten days shall in- 
tervene between the date of service on said commissioners and such 
hearing, and that service upon any one or more of said commissioners 
shall be sufficient service on the district which such commissioner or 
commissioners so served represents or represent. Upon such hearing, 
the practice shall be as in common law cases, and said hearing may be 
had in either the law or probate term of said coiirt. 

§ 11. Upon said hearing the court shall determine what amount shall 
be necessary for annual benefits for the district so filing said report and 
what proportionate amount of the same shall be borne by each district, 
and on such hearing said defendant district shall have the right to set 
off or recoup any benefits occasioned by the operation or maintenance of 
its improvements to the said district so filing such report. 



DRAINAGE. 275 



§ 12. Upon the conclusion of said hearing, the court shall enter 
judgment according to the finding of the court and shall order and direct 
each of said districts to proceed to collect, from the land owners of said 
districts, as benefits, the respective amounts wliicli said court has found 
should be borne by such respective districts, and which annual benefits 
shall be assessed and collected according to the provisions of fhe laws 
under which said districts shall be organized, and when so collected, shall 
be paid as provided in the order of said court entered on the hearing on 
the said report of said commissioners. 

§ 13. The commissioners of tlie district agreeing to pay or against 
which judgment shall be entered, as provided for in this Act, shall with- 
out delay pay the same out of the funds of said district, if any, that may 
be lawfully applied for that purpose ; otherwise the commissioners of the 
district, against which judgment is entered or which shall have agreed 
to pay as aforesaid, shall without delay levy an assessment against the 
lands of such district for the purpose of paying such judgment, in the 
manner provided by the law under which said district may be organized, 
or operating. 

§ 14. In case the district by or against which proceedings may be 
instituted under this Act is authorized by law to sue or be sued in the 
name of the corporate authorities thereof and not in the name of the 
district itself, then in such case, the proceeding hereinbefore mentioned 
shall be brought by or against such district, as the case may be, in the 
name of the proper corporate authorities thereof. 

§ 15. In any proceeding under the provisions of this Act, any party 
thereto, on request, shall be entitled to a trial by jury. In any such case 
the clerk of said court shall issue a venire or venires for such number of 
jurors as the said court may order, and from whom said jury shall be 
selected, as in other cases at common law. 

§ 16. The period of limitation of any suit or proceeding brought un- 
der the provisions of this Act, or upon any set-off or recoupment pleaded 
as a defense in any such suit or proceeding, shall be ten years from the 
time of the constructing, enlarging, extending or improving such ditch, 
ditches, drains, levees, pumping plant or plants. 

§ 17. That an Act entitled, "An Act to require drainage districts 
lying above a lower drainage district, or emptying into a lower drain- 
age district, whether such districts be organized under the same, or dif- 
ferent drainage laws of this State, to pay to the lower drainage district, 
for benefits received, if any, by the lands of the upper district, by the 
enlarging or improving of the ditches or drains of the lower district, or 
the construction of an outlet or outlets from the ditches or drains of the 
lower district, within or outside the boundaries of said lower district ; and 
to provide for the collection and payment of such benefits," approved 
May 14, 1903, in force July 1, 1903 ; as amended by an Act approved 
and in force April 13, 1911, be and the same is hereby repealed, saving 
and reserving, however, any rights that may have accrued thereunder. 

§ 18. The invalidity of any portion of this Act shall not affect the 
validity of any other portion thereof which can be given effect without 
such invalid part. 

Approved June 28, 1913. 



276 DRAINAGE. 



ADJOINING DRAINAGE DISTRICTS — JOINT WORKS. 



§ 1. Joint systems authorized. 

§2. Contract in writiQg. 

§ 3 . Petition to county court for approval of con- 
tract. 



§ 4 . Notice of hearing. 

§ 5 . Hearing on contract — measure of liability- 
subsequent contract. i^ 



§ 6 . Appeal to Supreme Court. 
(House Bill No. 820. Approved June 27, 1913.) 

An Act to' enable adjoining drainage districts to construct and erect a 
joint pumping station or joint pumping stations, ditches, levees, or 
other works, to contract for the proportion of the cost of construction 
and maintenance of the same to he paid by each, and promding for 
the approval of the same. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That adjoining drainage districts, 
whether organized under the same or different laws of this State, may 
construct and erect a joint pumping station or joint pumping stations, 
ditches, levees, or other works, and may maintain and operate the same 
as hereinafter provided. 

§ 2. That whenever the commissioners of any adjoining drainage 
districts may determine that it is necessary or advisable to construct, 
erect, maintain and operate, a joint pumping station or joint pumping 
stations, ditches, levees, or other works for the joint use of both districts, 
they may enter into contract in writing providing for the construction, 
erection, operation and maintenance of the same, and providing for the 
apportionment of the cast of the same between said districts. 

§ 3. Upon entering into such contract, the said commissioners shall 
file a petition in the county court of the county where said districts are 
located, or if said districts are located, in whole or in part, in two or more 
counties, in one of said counties, asking for the approval of said contract 
by said court, to which shall be attached a copy of said contract. 

§ 4. Upon the filing of said petition, the said court shall set the same 
for hearing and the clerk of said court shall cause two weeks' notice of 
said hearing to be given b}'' piiblishing a notice thereof for two succes- 
sive weeks in some newspaper or newspapers published in the county or 
counties where such .contracting districts are situated, in whole or in 
part, and by posting up four copies thereof in four of the most public 
places within each of said districts; such notices shall be addressed to 
"All persons interested," and shall state when and in what court said 
petition was and is filed, the time and place of hearing thereon, and the 
general purpose of such hearing. The certificate of the clerk of said 
court or the affidavit of any other credible person that said notice has 
been published and posted as herein required shall be sufficient proof of 
these facts. 

§ 5. Upon such hearing, all persons interested shall have a right to 
be heard, and the court shall make an order approving, modifying or 
disapproving such contract, or shall make any other order, as the circum- 
stances of the case shall require. If, upon such hearing, the said con- 



DRAINAGE. 



277 



tract, as so presented, or as modified by order of said court, be approved, 
the same shall thenceforth be binding upon said districts and their succes- 
sive commissioners and shall be and constitute the measure of liability 
of each of said districts to the other, on account of such construction, 
erection, maintenance and operation, until the same may be modified or 
set aside by a subsequent contract between the commissioners of said dis- 
tricts, approved as herein provided. 

§ 6. Appeals from any order entered under this Act may be taken 
to the Supreme Court of this State by any person interested. 

Approved June 27, 1913. 



KASKASKIA ISLAND SANITARY AND LEVEE DISTRICT. 

§ 27 . When assessments may be paid in full. 



Preamble. 

§ 1 . Name. 

§ 2. Object and purpose. 

§ 3 . Commissioners — how appointed. 

§ 4 . Organization and officers of board. 



Treasurer's term of office— compensation 
and bond. 



§ 6 . Record of treasurer's bond. 

§ 7 . President's duties. . 

§ 8. Clerli's duties. 

§ 9 . Commissioner's compensation. 

§ 10 . Corporate powers. 

§ 11 . May employ engineers. 

§ 12. Expense of organization. 

§ 13. Shall keep records and pass ordinances. 

§ 14. Proof of resolutions and ordinances. 

§ 15. May condemn property. 

§ 16. Determination of commissioners to build 
levees, etc., by special assessments. 

§17. Condemnation proceedings. 

§ 18. Petition to circuit court. 

§ 19. Requirements of petition. 

§20. Assessment roll. 

§ 21. Notice of application for confirmation of 
assessment roU. 

§22. Powers of court to revise. 

§23. Hearing on benefits. 

§ 24 . Distribution of changes in assessment. 

§ 25. Division into installments. 

§ 26. May divide into fifteen installments. 



§ 28 . Assessment for maintenance. 



29. 



Collection and lien of assessments for main- 
tenance. 



§ 30 . May rebate assessment. 

§ 31 . Bonds to anticipate installments. 

§ 32 . Records of bonds to be made before issuing. 

§ 33. When bonds may be registered. 

§ 34. When bonds registered — duty of auditor — 
amount which may be levied and pro- 
vided by law. 

§ 35. State shall be the custodian of the tax. 

§ 36. Payments made in bonds. 

§ 37. Assessments may be paid in bonds. 

§38. Inspection of work. 

§ 39'. Public letting of work. 

§ 40. Holders of bonds and vouchers to have no 
lien. 

§ 41 . May postpone assessment and refund 
bonds. 

§ 42 . Judgment on installment assessments. 

§43. Effect of judgment. 

§ 44. Vacation of assessment — new assessment. 

§ 45. New assessment for completed works. 

§ 46. Supplemental assessments — rebates. 

§ 47. New assessment against delinquents. 

§ 48. Certifying roll. 

§ 49 . Warrant to collector. 

§ 50 . Treasurer's notice. 

§ 51. Report of treasurer of delinquent list to 
general officer. 



278 DRAINAGE. 



KASKASKIA ISLAND SANITARY AND LEVEE DISTRICT — Concluded. 



§ 55 . Corporation may buy in. 

§ 56. Wilful injury, etc., to drain — penalty. 



§ 52 . Report to be evidenced. 

§ 53. Application for judgment— sale — revenue 
laws to govern. 

§ 54 . General revenue laws apply. 

(Senate Bill No. 272. Approved June 28, 1913.) 

An Act ta create the "Kasl-askia Island Sanitary and LeveB District/' to 

comprise the Island of Kaskaskia in Randolph county, and to provide 

for the construction, reparaiion and protection of drains, ditches and 

levees for sanitary and agricultural purposes thereitv, and to punish 

any one impairing any of the ivork done hy the said district. 

Whee:eas^ a majority of the legal voters of the Island of Kaskaskia 

and a majority of the land ownei's owning the major portion of the land 

upon said island^ have j)etitioned the General Assembly of Illinois to 

organize for them a sanitary and levee district comprising the lands of 

said island; and^ 

Whereas^ In order to provide adequate and effectual protection to the 
health and to promote the welfare of the inhabitants of the Island of 
Kaskaskia and adequate and effectual protection to the lands, lots, and 
grounds of the said island from wash and overflow, and to protect the 
same against inundation, it is necessary that a sanitary and levee district 
be organized to embrace all the lands of the said island for the construc- 
tion of drains, ditches, levees and other work for sanitary and agricul- 
tural purposes; therefore. 

Section 1. Name.] Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly : That a sanitary and levee 
district be and the same is hereby created embracing all the territory of 
the said island of Kaskaskia and all accretions thereto, to be known as 
"The Kaskaskia Island Sanitary and Levee District," by which name it 
shall exist as a public corporate hody, sue and be sued, conduct the busi- 
ness of said corporation, have perpetual existence, and shall perform and 
execute all the powers conferred upon it by this Act or incident thereto, 
have a common seal, and change the same at pleasure. 

§ 2. Object and purpose.] The object and purpose of creating said 
drainage and levee district is to provide adequate and effectual drainage 
of the land of the said Kaskaskia island by artificial drains, canals, 
ditches, levies, and other drainage and levee facilities, and to provide the 
ways and means necessary to carry out and accomplish said object and 
purpose, and thereby to benefit and make more valuable the land on said 
island and in said district, and to preserve and promote the health of the 
residents thereof, and that in order to carry out and render effective said 
object and ^Durpose the courts of the State shall construe this Act liber- 
ally, and as an exercise by the Legislature of all power appertaining to 
it necessary for the benefit and protection of the lands on said island and 
in said district hereby created, and also of the lives and health of the 
residents thereof. 

§ 3. Commissioners — how appointed.] The business of said cor- 
poration shall be conducted by three commissioners who shall be resident 



DRAINAGE. 279 



land owners residing njjon said island^, and who shall be appointed by the 
circuit co.ui't of I^andolpli county, in term time or by the judge tbereof 
in vacation by an order signed Ijy the presiding judge of said court, or if 
in vacation by the judge thereof who presided at the preceding term 
thereof, and filed with the clerk thereof and duly entered of record, 
which said commissioners shall be appointed upon the passage of this 
Act, one of whom shall be appointed to serve for the period of one year, 
one for two years, and one for three years, each to serve until his succes- 
sor is duly appointed and qualified as provided for by this Act; the suc- 
cessors of each to Ije appointed for a term of three years, provided that 
any of said commissioners may be removed for cause, by the court at any 
time ; the said appointment, to be made after the first appointment on the 
first Monday of Jul}^ of each year, beginning with the year 1914, or as 
soon thereafter as the court can make said appointment. 

§ 4. Organization and officers of board.] Upon the appoint- 
ment of said commissioners as herein provided and as soon as each 
appointment is made thereafter, said commissioners shall meet and 
organize by selecting one of their number president of the board, another 
secretary, and by choosing a clerk and treasurer as hereinafter provided, 
who shall not be members of said board. 

§ 5. TUEASUEER's TERM OF OFFICE — COMPENSATION AND BOND.] The 

treasurer may or may not be a resident of the island as the commissioners 
may choose, but shall be a resident of Eandolph county, such treasurer 
to be appointed for a term of two years, unless sooner 'removed by the 
commissioners, who shall have the 230wer to remove such treasurer, at any 
time, they may regard such a step necessary, for the proper protection of 
said funds, or until his successor is duly appointed and qualified as pro- 
vided by this Act, and he shall receive such compensation for his services 
as treasurer as may be allowed by the commissioners, and give such bond 
with such conditions as may be required by the commissioners, both of 
which shall he fixed by resolution before his appointment and shall not 
be changed, except that his bond may be increased or additional security 
required at any time, during the period for which he was appointed, and 
bond shall be required of him in some responsible surety company, the 
fees for which shall be paid by the corporation, and all funds paid out 
by said treasurer shall be upon orders signed by the president and secre- 
tary of the board of commissioners. And he shall make a detailed report 
of his receipts and disbursements to the commissioners on or before July 
first of each year, and oftener if required by them, and shall file the same 
with the clerk of the board, together with a certificate from the depositor\' 
where he may keep said funds, that any balance shown on hand by his 
report is to his credit, all of which shall be recorded by the clerk. 

§ 6. Eecoed of treasurer's bond.] The treasurer when appointed 
shall file his bond with the clerk of the board of commissioners and the 
same shall be approved by the commissioners. Whereupon the clerk of 
the board shall record the same in the records of the board and then have 
the same recorded in the recorder's offices of Eandolph county. And 
shall also file a certified copy of the same, certified to by the county 
recorder of Eandolph county, with the State Treasurer of Illinois, before 



280 DRAINAGE. 



he shall be required to pay to said treasurer any of the income from the 
Kaskaskia Commons Permanent School Fund to said treasurer as may 
now or hereafter be provided by law. 

§ 7. President's duties.] The president of said board shall be the 
chief executive officer thereof, and shall preside at all its meetings and 
may call any special meeting he may deem necessary. And he shall sign 
all orders for the payment of money by the treasurer and the secretary 
of the board shall countersign all of said orders, and shall see that the 
clerk keeps a full and correct record of all the proceedings of said board, 
and shall read over and countersign all records and proceedings of said 
board. And the treasurer shall pay out no moneys for said corporation 
except upon orders duly signed by the president and secretary of said 
board. 

§ 8. Clerk's duties.] The board of commissioners as soon as 
organized shall select some suitable persoji, a resident legal voter of said 
island as clerk oi said board who shall be appointed for the term of two 
years, whose duty it shall be to keep open and maintain some suitable 
office or place for the commissioners to meet and transact their business, 
and which shall be known as the office of the board, and which shall be 
provided by the board, and he shall have charge of all the books, records, 
papers and corporate seal of the board, and shall truly and correctly 
keep a full and complete record of all the meetings, proceedings and 
official acts of the board in a well bound book kept for that purpose and 
shall do all the "clerical work of the board, and all certified copies of 
such records and files made and -certified to by him under the seal of 
said corporation shall be competent evidence in any court as to the con- 
tents of the same, and the said clerk shall receive such monthly com- 
pensation for his service as the commissioners may determine before his 
appointment and shall be subject to removal from office by said commis- 
sioners at any time for any good cause, to be by them determined. 

§ 9. Commissioner's compensation.] The commissioners herein 
provided for shall be compensated for their services as commissioners in 
the sum of four dollars ($4.00) per day, for each day actually put in, 
in and about the performance of tile duties imposed upon them by this 
Act and they shall render and file with the clerk of said commissioners 
on or before the 10th day of each and every month, an itemized state- 
ment of the number oi days they have put in for the preceding month, 
verified by their affidavit. They shall also include in said statement 
any necessary expenses they have incurred in and about the performance 
of their duties, which shall likewise be allowed to them. 

§ 10. Corporate powers.] The said Kaskaskia Island Sanitary 
and Levee District shall be and is hereby authorized and it shall be its 
duty to build levees, construct all necessary ditches and drains and to 
erect all pumping stations that they may deem necessary, and to build 
all roads and bridges to complete said improvements and to protect, 
maintain and operate the same, and to. make any other necessary improve- 
ments upon said island for the purpose of protecting the health of the 
inhabitants of said island and all the lands of the island from wash and 



DRAINAGE. 281 



overflow, that the commissioners may deem necessary for that purpose, 
and that will render the said island a more sanitary place to live, and 
the land thereof more susceptible af cultivation in so far as it is prac- 
ticable to do so, and the cost thereof does not exceed the benefits to be 
derived therefrom by the property assessed and to keep up and maintain 
said improvement, and for the purpose of making said improvement, 
the said Kaskaskia Island Sanitary and Levee District is hereby author- 
ized and empowered ta raise money for said improvements by the special 
assessment of the property benefited, including all public highways and 
public property upon said island benefited thereby, and said corporation 
shall be and is hereby authorized to procure, accept and receive any 
appropriations either from the State or national government, oj volun- 
tary donations or subscriptions from any other source whatsoever for 
the purpose of making said improvements or the performance o.f any of 
the duties imposed upon it by this Act. 

§ 11. May employ engineers.] Said corporation shall also be 
empowered and is hereby authorized to employ any and all engineers, 
attorneys, clerks and labor necessary to enable them to fully and faith- 
fully carry out the duties imposed upon them by this Act and to make 
and enter into contracts for that purpose. 

§ 12. Expense of organization.] Said commissioners shall first 
pay out of any funds received by them other than by special assessment 
the preliminary expenses of employing attorneys, and the necessary 
expenses of committees and any and all other necessary expenses in 
procuring the passage of this Act, and all other legislation necessary to 
attain the objects and purposes contemplated by this Act, including any 
expenses and attorney's fees necessarily expended in and about any 
legislation concerning the management or control of the Kaskaskia Com- 
mons Permanent School Funds, whereby this corporation may be bene- 
fited, and if no other funds are available for such purposes then the 
same may be included in any special assessment made for the improve- 
ments made upon said island by said district, as a part of the expenses 
thereof, or for the engineering and all other preliminary expenses pro- 
vided for in this section for any improvement they may contemplate, 
make a preliminary assessment on the lands, lots or parcels of lands 
proposed to be included in any improvement made by them for the 
purpose of paying and defraying said expenses, which shall be made in 
the same manner as the assessment made for the work, except that it 
need not be confirmed by the circuit court of Randolph county, but 
shall be made by a proper ordinance passed by the said commissioners 
and entered upon their record, and the finding of the said commissioners 
of the necessity of said assessment shall be conclusive, which said assess- 
ment shall be payable on or before January 2d, after it is made and 
shall be collected by the clerk af the board and turned over to the 
treasurer of the board, and any unpaid portion thereof shall be returned 
delinquent to the county treasurer of Eandolph county by March 10th, 
after the same becomes due, and collected in the same manner as other 
general taxes. 



S82 DRAINAGE. 



§ 13. Spiall keep records and pass ordinances.] Said commis- 
sioners shall cause the clerk of said board to keep a record o.f all the 
meetings, proceedings, contracts, orders and acts done and performed by 
them, in a well bonnd book to be kept by the clerk for that purpose, 
aiid may make such rules and pass such ordinances as may be necessary 
to carry out the objects and purposes of this Act, and such as may be 
necessary to enable them to protect the work done by them, and as may 
be necessary to aid them in carrying out the work contemplated by 
this Act and to protect and preserve the work done by them under 
this Act. 

§ 14. Proof of resolutions and ordinances.] All ordinances, 
orders and resolutions and the date oi passage or posting thereof may 
be proven by the certificate of the clerk of said board under the seal of 
the corporation and when printed in book or pamphlet form, purporting 
to be published by authority of the board o.f trustees, such book or 
pamphlet shall be received as evidence of the passage and legal publica- 
tion thereof as of the dates mentioned therein in all courts and places 
without further proof. 

§ 15. May condemn property.] Said corporation shall have the 
power to acquire by purchase, condemnation, or otherwise, any and all 
real and personal property right-of-ways, and privileges, either within 
or without its corporate limits, required for its corporate purposes, and 
when such property is no longer required for such purposes, to sell, 
convey or otherwise dispose of the same, such condemnation to he had 
under the eminent domain laws of the State, as provided by Chapter 47 
of Kurd's Revised Statutes, 1911, being "An Act to provide for the 
exercise of the right oi eminent domain," in force July 1, 1872, and all 
amendments thereto. 

§ 16. Determination of commissioners to build levees, etc., by 
SPECIAL assessments.] Whenever it shall be determined by the com- 
missioners to build any levee, drain, pumping station, road, bridge or 
other public improvement provided for by this Act, by special assessment 
of the property benefited thereby, they shall proceed to employ compe- 
tent engineers to make plans and specifications therefor and have them 
submit the same to them for their approval, together with an estimate 
of the cost thereof, and also the annual cost of maintaining the same, 
and if they shall deem the said improvement feasible, and that the cost 
of the same will not exceed the benefits to be derived therefrom, they 
shall thereupon pass an ordinance in which they shall describe the 
nature, kind, character, locality, extent and cost of making and main- 
taining the said improvement, and which ordinance shall provide that 
such improvement shall be made and maintained by special assessment 
of the lands, lots, pieces or parcels of lands, and all interests therein for 
life or a term of years benefited thereby, and shall cause to be attached 
to said ordinance a copy of the estimates, plans and specifications pro- 
vided by the engineer and if it is necessary to condemn private property 
for said improvement said ordinance shall provide for such condemna- 
tion and specifically describe the property to be condemned. 



UKAINAGE. 283 



§ 17. Condemnation proceedings.] Upon the passage of any or- 
dinance for a local improvement, as provided for by the preceding 
section, which provides for the taking of private property for said im- 
provement, the commissioners shall proceed to secure said property by 
agreement with the parties, if possible, but if unable to do so, shall pro- 
ceed to condemn such property before the filing of the petition in court 
for the confirmation of said assessment roll, and shall secure judgment 
for said property, so that the amount of damages may be fixed and in- 
cluded in the assessment roll made out by them, ancl the fact of such 
agreement or condemnation proceedings and the judgments obtained 
therein, shall be set forth in the petition to be filed for the confirma- 
tion of said assessment : Promded, said corporation shall not be required 
to take and pay for said lands so acquired until said assessment roll is 
confirmed and until it desires to take possession of said lands, which 
shall be in such time as may be fixed by the court. 

§ 18. Petition to circuit court.] Upon the passing of any or- 
dinance for a local improvement pursuant thereto, as provided by this 
Act, and the securing of such property by condemnation or agreement 
by the commissioners as may be required by the ordinance, it shall be 
the duty of the officer or attorney specified therein to file a petition in 
the circuit court of Eandolph county, in the name of such corporation 
setting forth that the condemnation proceedings required by the or- 
dinance if any have been completed, and praying that steps may be 
taken to levy a special assessment for the said improvement in accord- 
ance with the provisions of the said ordinance. There shall be attached 
to or filed with such petition a copy of the said ordinance, certified by 
the clerk of the board of commissioners under the corporate seal of the 
corporation and also a copy of the plans and specifications and the esti- 
mate of the cost and maintenance as made by the engineer. Failure to 
file any or either of these copies shall not effect the jurisdiction of the 
court to proceed in said case and to act upon said petition, but if it 
shall appear in any such cause that such copies have not been attached 
to or filed with such petition before the filing of the assessment roll 
therein, then upon motion of any objector for that purpose on or before 
appearance day in said cause, the entire petition and proceedings shall 
be dismissed unless petitioner shall attach or file said copies in said 
proceeding, in such time as the court shall allow. 

§ 19. Eequirements or petition.] There shall also be attached to 
said petition or filed therewith an assessment roll which .shall be made 
out b}^ the commissioners spreading and levying a special assessment 
against the property benefited by the improvement provided for in said 
ordinance, and divided into such installments as the said ordinance may 
provide, not exceeding twenty, which said assessment shall be a true 
and impartial assessment of the cost of constructing said improvement, 
including cost of acquiring right-of-ways, engineering, attornev's fees, 
eonrt costs, and all expenses incident thereto, upon the property 
benefited thereby, and it shall be the duty of such commissioners in 
making such assessment to apportion and assess the amounts so found 
to be of lienefit to the property upon the several lots, pieces or parcels 



284 DRAINAGE. 



of land in the proportion in which they will be severally benefited by 
said improvement, provided that no lot, block, tract, piece or parcel of 
land shall be assessed a greater amount than it will be actually benefited 
thereb}^, and in making said assessment each lot, block, tract, piece or 
parcel of land shall be assessed separately, and in tracts not exceeding 
forty acres, when it can be done. 

§ 20. Assessment roll.] The assessment roll shall contain a list 
of all the lots, blocks, tracts, pieces or parcels of land, assessed for the 
purpose of making the improvement, the amount assessed against each 
for such cost, the name of the owner, if known, and in case the assess- 
ment is divided into installments, the amount of each installment shall 
also be stated, and the commissioners shall certify under oath that they 
verily believe that the amounts assessed against each parcel of property 
for the cost thereof are just and equitable and do not exceed the benefit 
which will in each case be derived from said improvement, and that no 
lot, block, tract, piece or parcel of land has been assessed more than its 
proportionate share of the cost of said improvement. 

§ 21. Notice of application for confirmation of assessment 
ROLL.] Upon the filing of the petition and assessment roll in the circuit 
court, as above provided, the same shall be set down for hearing by the 
court if in session, and if not in session the same shall be set down for 
hearing on the first day of the next succeeding term of said court; 
notice shall be given to all persons interested of the nature of the im- 
provement of the pendency of said proceedings, of the time and place 
of filing of the petition therefor, of the time and place of filing the 
assessment roll therein, and of the time and place at which such appli- 
cation will be made for confirmation of the assessment, the same to be 
not less than fifteen days after the filing of said petition and assessment 
roll, by publishing the same in some secular newspaper of general circu- 
lation published in said county of Eandolph for three successive weeks, 
and by posting ten notices in ten of the most public places in said 
district and one on the front door of the county court house of said 
county at least ten days before said day of hearing, and by mailing a 
copy of said notice within three days of its first publication in said 
newspaper, by mail, post-paid, to each of the said owners of said lands, 
when known, who may be non-residents of the said 'county of Randolph 
at his last known place of residence. Such notice shall be signed by the 
clerk of the circuit court of Eandolph county, a^id shall be posted, 
mailed and caused to be published by him, and before the hearing on 
the said petition and assessment roll, the said clerk shall file his affi- 
davit, showing his compliance with the requirements of this section and 
showing that the affiant, either by himself or through someone acting 
under his directions, made a careful and a diligent search for the 
residence of said land owners. Which affidavit of the clerk shall be 
good and sufficient proof that the notice of said proceeding has been 
given as aforesaid. The court may also hear oral testimony or avail 
itself of any other proof that said notices have been properly published, 
posted and mailed as herein provided. 



DRAINAGE. 286 



§ 22. Powers of court to revise.] Upon petition or motion for 
that purpose the court in which said petition is pending may, in a sum- 
mary way, inquire whether the commissioners making the report omitted 
any property benefited ; also whether or not the assessment as made and 
returned is an equitable and just distribution of the cost of said im- 
provement among the parcels of property assessed, and the court shall 
have the power on such application being made to revise and correct the 
assessment roll, to change or modify the distribution of the total cost 
among the property benefited, to change the manner of distribution 
among the parcels of property so as to produce a just and equitable 
assessment, considering the nature of the property assessed, and its 
capacity for immediate use of the improvement when completed, and 
the court shall also have power to inquire into the nature, character and 
extent of the improvement and to determine whether or not the same, 
as provided for by said ordinance, is ample and sufficient to attain the 
purposes sought to be attained for agricultural and sanitary purposes, 
and whether or not it includes all lands that are benefited thereby, or 
excludes any lands that should be included therein which would be 
benefited thereby, and whether or not it is ample, adequate and sub- 
stantial enough to accomplish the purpose sought to be accomplished 
thereby, and to redeem and protect all the lands upon said island that 
will be benefited thereby : Provided, that no lands shall be included where 
the cost of redeeming the same would" exceed the benefits to be derived 
therefrom, and for that purpose the court may require the commis- 
sioners and the engineers employed by them to make any additional 
surveys, plans, and specifications and report the same to the court, and 
may cause the commissioners to make and certify a new assessment roll, 
in accordance with the report of said engineers and the views of the 
court, and upon a full and final hearing thereof, the court shall enter 
an order determining the matters aforesaid and determining all ques- 
tions relating to the sufficiency of the proceedings except the objection 
that the property of the objector will not be benefited to the amount 
assessed against it, and that said property is assessed more than its 
proportionate share of the cost of said improvement, and the court's 
finding thereon shall be conclusive and not subject to review or writ 
of error. 

§ 23. Hearing on benefits.] Then upon' the application of any 
objector the court shall fix a time for a hearing of any objector that his 
property is not benefited to the amount assessed against it, and that it is 
assessed more than its proportionate share of the cost of such improve- 
ment and if a jury be not waived by agreement of the parties, the court 
shall empanel a jury to try that issue, and in such cases unless otherwise 
ordered by the court, all such objections shall be tried and disposed of 
before a single jury. The assessment roll as finally returned and ap- 
proved by the court or as revised and corrected by the court, shall be 
prima facie evidence of the correctness of the amount assessed against 
each objecting owner and either party may introduce such other evidence 
as may bear on such issue. The hearing shall be conducted as in other 
eases at law, and if it should appear that the premises of any objector 



286 DRAINAGE. 



are assessed more than they will be benefited by said improvement, or 
more than its proportionate share of the cost of such improvement, the 
jury shall so find and shall also find the amount for which such premises 
ought to be assessed and judgment shall be rendered accordingly. 

§ 2-i. DisTEiBUTiON OF CHANGES IN ASSESSMENT.] Whenever on a 
Jiearing by the court or before a jury, the amount of any assessment shall 
be reduced or changed so that there shall be a deficiency in the total 
amount remaining assessed in the proceeding, the court shall have the 
power in the same proceeding to distribute such deficiency upon the other 
property in the district, in such manner as the court shall find to be just 
and equitable, not exceeding, however, the amount it will be benefited by 
said improvement. In case any portion of such deficiency shall be 
charged against any property not represented in court, a new notice of 
the same nature as the original notice shall be given in like manner as 
the original notice, to show cause why the said assessment as thus in- 
creased should not be confirmed and the owners of or parties interested 
in such property shall have the right to object in the same form and with 
the same effect as in case of the original assessment and the court shall 
have the same power to dispose thereof. 

§ 35. Division into installments.] It shall be lawful for said 
commissioners also to provide by the ordinance for any local improve- 
ment, the cost of which is to be defrayed by special assessment ; that the 
aggregate amount assessed and each individual assessment made for the 
cost of said improvement be divided into installments of not more than 
twenty in number, and each a multiple of one hundred dollars ($100.00), 
the first installment to fall due and be payable on the 2d day of January, 
next after the date of the confirmation of said assessment by the court, 
and the second installment one year thereafter, and so on, annually, un- 
til all installments are paid, all installments to bear interest from the 
date of the confirmation of the assessment roll at the rate of six per- 
centum per annum, the interest on each installment to be due and pay- 
able on the second day of January next succeeding the date of the con- 
firmation of the assessment roll as aforesaid, and the interest accrued up 
to that time on all unpaid installments shall be due and payable and be 
collected with the installments, and thereafter the interest on all unpaid 
installments then payable shall be payable annually, and be due and 
j)ayable at the same time as the installments maturing in such year and 
be collected therewith and in all cases it shall be the duty of the treas- 
urer of said Kaskaskia Island Sanitary and Levee District whenever 
payment is made of any installment to collect interest thereon up to the 
time of such payment, whether such payment be made at or after ma- 
turity. 

§ 26. May divide into fifteen installments.] The commission- 
ers may, in lieu of the method provided in the preceding section for the 
division of said assessment into installments, provide by the ordinance 
passed by them that the said assessment be divided into fifteen install- 
ments, making the first installment due the second day of the third Jan- 
uary next after the confirmation of said assessment. And the second 
installment one year thereafter, and so on annually until all installments 



DRAINAC^E. 287 



are paid, the interest on each installment to fall due and be payable on 
the second day of the first January after the confirmation of said assess- 
ment, and annually thereafter, so that the interest shall be available an 
uually for paying the interest on the bonds. 

§ 27. When assiissmknts may be paid in full. | As soon as the 
assessment roll is confirmed by the court the treasurer of said corporation 
shall give notice to all parties concerned by publishing a notice for three 
successive weeks in some newspaper in Eandolph county, that they may 
pay their assessment in full or any installment thereof to him within 
sixty days of the first publication, and within that time any one may pay 
liis assessment in full or any installment thereof, and all that fail to do so 
shall not be allowed to pay the same without paying all interest on each 
installment up to the time it is due. And all persons thereafter paying 
any single installment before it is due shall pay all interest upon the same 
up to the date it falls due. 

§ 28. Assessment foe maintenance.] On or before September 
first of each year after the confirmation of the assessment roll for any im- 
provement that may be made by the said corporation as herein provided, 
the commissioners shall make an estimate of the cost of maintaining the 
same for the ensuing year and levy a special assessment therefor upon 
each lot, piece or parcel of land included in the assessment roll for said 
improvement, in the proportion as the same was assessed for the cost of 
the original improvement, which levy they shall make by ordinance. Said 
assessment shall become due and payable January second next after the 
same is levied and shall draw six per cent interest after due until paid. 
Such tax when collected shall be kept in a separate fund by the treasurer 
and designated "Maintenance Fund for Improvement," in- 
serting in the blank the name of the improvement as designated by the 
ordinance creating it: And, 'provided, further, that in case any unfore- 
seen contingency might arise so that the commissioners might need more 
funds for speedy and necessary repairs of any improvement, than they 
can raise in one year, they may issue certificates or vouchers to bear six 
per cent interest per annum, and divide the same into annual installments 
not to exceed five for the purpose of raising the necessary funds for mak- 
ing said repairs, by passing an ordinance therefor, and by said ordinance 
levy an assessment for each year sufficient to pay the certificates falling- 
due that year. Said assessments to be levied upon each piece or parcel of 
land assessed for said improvement in the same jDroportion as the same 
was assessed for the cost of the' said improvement, and to be co-extensive 
with said certificate and to bear the same rate of interest. Which said 
funds shall be kept by the treasurer in a separate fund, and designated 

"Bepair Fund for Improvement," inserting in the blank 

the name of the improvement, and said funds shall be used for no other 
purpose until said repairs are fully completed, when any balance may be 
used to rebate assessments of cost of maintenance: And, provided, fur- 
ther, that the corporate authorities may use any surplus funds left over 



288 DRAINAGE. 



from any assessment or installment thereof for the cost of said improve-- 
ment for repairs and maintenance after all bonds and interest thereon, 
issued against it, are paid. 

§ 29. Collection and lien of assessments for maintenance.] 
The assessments for maintenance and repairs as provided in the fore- 
going section shall, when the ordinance is passed therefor by the com- 
missiojiers and the assessment roll made out, certified and filed with 
the treasurer of the corporation, shall become a lien' upon all the lands 
and lots included in said assessment roll to the same extent a"nd with 
the like efi:ect as the assessment for the original cost of the improvement 
and if not paid when due shall be returned delinquent at the same time 
and in the same manner as the original assessment for the cost thereof. 

§ 30. May rebate assessment.] Said commissioners may, if they 
have any funds left on hands from any source January second, for any 
year after paying all bonds due and the whole cost of the maintenance 
and repairs of said improvement, and there is enough on hands or in 
process of collection to. maintain said levee foj the ensuing year, appor- 
tion and credit the same upon the assessment for the cost of the improve- 
ment, then due crediting each parcel or piece of land in proportion to 
the amount it is assessed. 

§ 31. Bonds to anticipate installments.] For the purpose of 
anticipating the collection of not to exceed ninety per cent of all the 
installments made for the cost of the improvement as provided for in 
this Act, it shall be lawful for said corporation as soon as the assess- 
ment roll is confirmed by the court to issue and sell bonds payable out 
of said installments, bearing interest at a rate of not to exceed six 
per centum per annum, payable annually and signed by the president 
and secretary of said commissioners, and said bonds shall be issued in 
• sums of one hundred dollars or some multiple thereof and shall be dated 
and draw interest from the date o.f the issuing of the same. Each bond 
shall state on its face out of which installment it is payable and upon 
what improvement, and shall state by number or other designation the 
assessment to which such installment belongs. The principal and inter- 
est of such bonds shall not exceed in the aggregate the amount of such 
deferred installments and shall be divided into as many series as there 
shall be deferred installments, provided nothing herein contained shall 
be construed to prevent the payment of any bond out of an installment 
having a surplus to its credit other than the one against which the same 
is issued, the intent and meaning hereof being that in ease, from any 
cause the installment against which such bond or voucher is drawn has 
not sufficient money to the credit thereof to pay the same, the entire 
amount of the assessment or any installment thereof may be applied 
toward the payment of any bonds issued against the assessment. Each 



DRAINAGE. • . 289 



series shall became due on the first day of July after the second day of 
January, when such installment against which said bonds were issued 
will become due and such bonds shall be in the following form : 

Series No. 

UNITED STATES OF AMERICA 

STATE OF ILLINOIS 

COUNTY OF EANDOLPH 

KASKASKIA ISLAND SANITARY AND LEVEE DISTRICT. 

Impeovement Bond. 

KNOW ALL MEN BY THESE PRESENTS, That the Kaskaskia 
Island Sanitary and Levee District, of the county of Randolph and 
State of Illinois, acknowledges itself indebted and for value received, 

promises to pay to the bearer on the first day of July , the 

principal sum of $ with interest thereon from date 

until paid at the rate of per centum ( % ) per 

annum payable annually on the first day of July of each year, as evi- 
denced by and on the presentation and surrender of the interest coupons 
as they severally become due; both principal and interest are hereby 
payable in lawful money of the United States of America at the ofiice 
of the treasurer of the said Kaskaskia Island Sanitary and Levee District. 

This bond is one of a series of like date and tenor (except as to 
amount and maturity) issued in .series, lettered consecu- 
tively, from series to series , each series 

including bonds, numbered from to , 

inclusive, aggregating the sum of $ , and issued under and 

by virtue of an Act of the Legislature of the State of Illinois, entitled, 
"An Act to create the Kaskaskia Island Sanitary and Levee District, 
being a drainage district to comprise the island of Kaskaskia in Randolph 
county: to provide for the construction, reparation and protection of 
drains, ditches, levees and other work for agricultural and sanitary 
purposes therein and to punish any one impairing any of the wark 
done by it.["] 

(Adopted the day of , A. D. 1913; 

in force the day of , A. D ) 

and issued in anticipation of the collection of the special assessment 

made upon the said lands in said district on the day 

of , A. D , and approved and confirmed 

by the circuit court af the county of Randolph aforesaid by an order 

entered on the day of ., 19. . . ., and 

levied according to law for the purpose of raising money for the con- 
struction of ditches, drains, levees and other work and the maintenance 
thereof within the said drainage district and is issued in conformity 
with and under the authority of the laws o.f the State of Illinois. 

—19 L 



290 DRAINAGE. 



And it is hereby certified and recited that all acts, conditions and 
things required by the statutes and laws of the State of Illinois to be 
done precedent to and in the creating of the said drainage district and 
the levying of special assessments upon the lands of the said drainage 
district and in the issuance of this bond have been properly done, hap- 
pened and performed and in due and proper farm and time, and that 
this bond is within the limits prescribed by law and for the prompt 
payment thereof the full faith, credit and resources of the said drainage 
district are pledged. 

m WITNESS WHEEEOF, the drainage commissioners of Kaskas- 
kia Island Sanitary and Levee District, of the county of Eandolph and 
State of Illinois, have executed this bond in the name of the said drain- 
age district by themselves as di^inage commissioners and have affixed 
thereto its corporate seal as the duly authorized act and deed of the 
Kaskaskia Island Sanitary and Levee District and have evidenced the 
several installments of interest to accrue hereon by interest coupons 
attached, executed by the lithographed fac-simile signatures of the said 
commissioners on the day of , A. D. 19 

KASKASKIA ISLAND SANITARY AND LEVEE DISTEICT. 

By 



Drainage Commissioners of the Kas- 
kaskia Island Sanitary and Levee 
District af the County of Ean- 
dolph and State of Illinois. 



That the form of the coupon referrred to in the said bond shall be as 
follows : 



KASKASKIA ISLAND SANITAEY AND LEVEE DISTEICT. 

On the day of will pay to the bearer 

hereof •. dollars at the office of the treasurer 

of the said Kaskaskia Island Sanitary and Levee District for annual 
interest then due on its agricultural and sanitary improvement bond 
dated , Series Number 

KASKASKIA ISLAND SANITAEY AND LEVEE DISTEICT. 

By 



Drainage Commissioners of the Kas- 
kaskia Island Sanitary and Levee 
District o.f the County of Ean- 
dolph and State of Illinois. 
Such bonds shall not be sold by the commissioners at less than par 
and accrued interest, and then only at a public sale after three weeks^ 
notice thereof has been given by said commissioners in one or more news- 
papers by publishing the same three successive weeks. 



DRAINAGE, 291 



§ 32. Eecord of bonds to be made before issuing.] Before issu- 
ing any bonds under the provisions of this Act the commissioners shall 
provide a well bound book in which a record of all bonds issued, with 
their number, amount, rate of interest, date of isuue, when due, where 
payable, amount received for the same, and the assessment, tax levy, in- 
stallment or part thereof, on account of which the bonds are issued shall 
be made, and said book shall at all times be open to the inspection of all 
parties interested in said district, either as taxpayers or bondholders, and 
on the payment of any bond and [an] entry thereof shall be made in 
said book in proper column for that purpose. 

§ 33. When bonds may be registered.] On the presentation of 
any bond issued under the provisions of this Act at the office of the 
Auditor of Public Accounts for registration, the said Auditor shall cause 
the same to be registered in his office in a book to be kept for that pur- 
pose. Such registration shall show the date, amount, number, date of 
maturity, rate of interest, time when such interest is payable and place 
of payment of the principal and interest of such bond; under what act 
and by what district issued, and the name of the person or persons pre- 
senting the same for registration, and for such registration the Auditor 
shall be entitled to a fee of twenty-five cents. And the Aiiditor shall 
under the seal of his office, certify upon.such bond the fact of such regis- 
tration, for which the Auditor shall be entitled to a fee of twent}-live 
cents, such fees to be paid by the person or persons desiring such regis- 
tration and certificate, but no bond issued under this Act shall be entitled 
to registration in the office of the State Auditor until a sworn statement by 
the corporate authorities of the district issuing the bond shall have been 
filed with him, showing the date of the passage of the ordinance for the 
improvement, the time when the assessment levy, or part thereof on 
account of which the bonds are issued will become due, and the date, 
number, amount, rate of interest and date of maturity of the bonds, 
together with any other information in relation thereto, which may be 
demanded by the Auditor of Public Accounts. 

§ 34. When bonds registered — duty of auditor — amount which 
may be levied and provided by law.] When any bonds issued under 
the provisions of this Act shall be so registered, the Auditor of Public 
Accounts shall annually ascertain the amount of interest or interest and 
principal due and accrued, or to accrue for the current year on all 
such bonds so registered in his office, together with the ordinary cost to 
the State of the collection and disbursement of the same, to be estimated 
by the Auditor and State Treasurer, and shall make out and transmit to 
the county clerk of Eandolph County a certificate setting forth such 
estimated amorut for such purposes, to Ije filed in his office and recorded 
in the drainage record, and the amount thereof shall thereupon be 
deemed added to and a part of the amount which may be levied and pro- 
vided by law within the limits of said district for the purposes of State 
revenue, and thereupon it shall be the duty of the clerk of said district 
to compute and apportion the amount so certified among the several tracts 
and property assessed for benefits in such district, in the manner as orig- 
inal levies are computed under this Act, and thereupon he shall make out 
a tax list of the lands and property in the district, and extend opposite each 



292 DRAINAGE. 



tract and property its j^^'O t'ctia- share of the amount so certified by the 
Auditor, and deliver the same to the treasurer of the district, ■ and the 
county cleric at the time of the making up the tax books and extending 
the State taxes, shall extend on the tax books for collection the i^ro raiia 
share thus levied, and the same shall be collected with the State taxe? 
and all laws of this State relating to the State revenue shall apply thereto. 

§ 35. State shall be the custodian of the tax.] The State 
shall be deemed the custodian only of the tax so collected and shall not 
be deemed in any manner liable on account of such bonds, but the tax 
and funds so collected shall be deemed pledged and appropriated to the 
payment of the principal and interest of the registered bonds, to satisfy 
which the same is hereinbefore provided to be collected as aforesaid, and 
such bonds issued under the authority hereof shall be deemed secured 
and provided for in virtue thereof until fully satisfied. The State shall 
annually collect and apply the said fund to the satisfaction of the 
interest or interest and principal, as the case may be, of such registered 
bonds of said district, and the interest coupons or bonds so paid shall 
be cancelled by the State Treasurer and returned to the corporate 
authorities of the district. 

§ 36. Payments made in bonds.] Payment for any improvement 
done or performed under the provisions of this Act, to be paid for out of 
any special assessment levied in installments as herein provided, may 
be made in the bonds herein provided for, in case the same can not be 
sold at public sale as herein provided. 

§ 37. Assessments may be paid in bonds.] Any property owner 
may pay his assessment wholly or in part with the bonds or vouchers 
issued under this Act, on account of an assessment, applying however, 
the bonds and vouchers of each series only to the payment of the in- 
stallment to which they relate. In making such payments, such 
vouchers and bonds shall be taken at their par value and interest 
accrued to the date of making such payment. All vouchers and bonds 
received in payment of such assessments shall be cancelled by the 
treasurer of such corporation as of the date of their receipt and filed 
in his office. • 

§ 38. Inspection of work.] The said commissioners provided for 
by this Act shall cause any and all work done pursuant to any pro- 
ceedings and contracts, and the material therefor to be carefully in- 
spected during the progress of the work to the end that the contractor 
or contractors shall comply fully and adequately with all the pro- 
visions of this Act and am^. ordinance passed pursuant thereto and of 
the contract under which said work is to be done and the specifications 
therefor, and upon complaint of any property owners that the work or 
materials do not comply with such requirements, the said commissioners 
shall examine said work and materials themselves, or may employ a 
consulting engineer wholly disinterested and disconnected in said work, 
to do so, and have him certify in writing to them as to the result of his 
examination, which written certificate shall be filed with the clerk of 
said board and be open to public inspection at any time, and if said 



DRAINAGE, " 293 



work and material according to the report of said engineer do not com- 
ply in all things with the requirements of said corporation under this 
Act and the ordinances and contract, said commissioners may make 
such orders in the premises and take such steps necessary to protect the 
interest of said corporation as they may deem expedient. 

§ 39. Public letting of work.] All contracts for work to be 
done by said corporation exceeding in cost the sum of $500.00 shall be 
let at a public letting, thoroughly advertised by posting at least five 
notices upon the island and publication in the nearest newspaper in 
Eandolph county, Illinois, and also the nearest one in the state of 
Missouri, at least fifteen days prior to said letting and all contractors 
shall be required to give a bond for at least one-half of the contract 
price in some responsible surety company, conditioned for the faithful 
performance of the work. 

§ 40. Holders of bonds and vouchers to have no lien,] Any 
person or persons accepting the vouchers or bonds as provided herein 
shall have no claim or lien upon said corporation in any event for the 
payment of such vouchers or bonds or the interest thereon, except from 
the collection of the special assessment against which said vouchers or 
bonds are issued, but the corporation shall not nevertheless, be in any way 
liable to the holders of said vouchers or bonds in case of the failure to 
collect the same, but shall with all reasonable diligence, so far as it can 
legally do so, cause a valid special assessment to be levied and collected 
to pay such bonds and vouchers until all bonds and vouchers shall be 
fully paid. Any holder of vouchers or bonds or their assigns shall be 
entitled to summary relief by way of mandamus or injunction to enforce 
the provisions hereof, 

§ 41, May postpone assessment and refund bonds.] If on 
account of any unforeseen contingency when any special assessment bonds 
come due issued by said corporation under the provisions of this Act, 
it is deemed necessary by the board of commissioners to extend the time 
for the payment of the assessment against which said bonds are issued, 
said commissioners may, by resolution adopted and entered of record by 
them postpone the payment of such assessment until after the last install- 
ment of said special assessment becomes due, and so on, in case more than 
one installment is postponed : Provided, however, that not more than 
five installments of any assessment shall be postponed successively at any 
one time. Upon the postponement of any sijch installment, said corpor- 
ation shall issue new bonds for said installment and sell them and refund 
the previous bonds issued against said installment ; said installment when 
postponed to be given the same number and series with the word "post- 
poned" added to them so as to indicate its change of position : Provided, 
that no assessment shall be postponed without the consent of the holders 
of all the bonds issued against that installment, unless they consent to 
accept the new bonds in lieu of the old ones or unless the money can be 
raised on the new bonds to pay the old, 

§ 42, Judgment on installment assessments,] In case of a 
special assessment to be paid by installments, under the provisions of 



294 DRAINAGE. 



this Act, the order of confirmation that shall be entered upon the return 
of the assessment roll shall apply to all of the installments thereof, and 
may be entered in one order. 

§ 43. Effect of judgment.] The judgments of the court shall be 
final as to all issues involved and the proceedings in said cause shall be 
subject to review by appeal or writ of error as hereinafter provided, and 
not otherwise : Provided, however, that by mutual consent the same may 
be vacated or modified at a subsequent time, except as hereinafter pro- 
vided. Such judgments shall have the effect of several judgments as to 
each tract or parcel of land or any interest therein assessed, and no appeal 
from any such judgment or writ of error shall invalidate or delay the 
judgments except as to the property concerning which the appeal or writ 
of error is taken. Such judgments shall be a first and prior lien upon all 
property assessed from the date thereof, and upon all the interest of any 
person, either for life or a term of years in any lands assessed, and the 
lien against said lands herein provided for shall be of the same extent 
and of equal force and validity as the lien for the general taxes in this 
State for a period of five years if such assessment is payable in a single 
sum, if payable by installments then until five (5) years after the last 
installment becomes due. Nothing in this section contained shall inter- 
fere with the right of the petitioner to dismiss its proceedings and for 
that purpose to vacate such judgment at its election at any time before 
commencing the actual collection of such assessment, and no judgment 
entered in such proceedings so dismissed and vacated shall be a bar to 
another like or different improvement : Provided, that after the contract 
for the work shall have been entered into, or the bonds mentioned in this 
Act, issued, no judgment shall be vacated or modified or any petition 
dismissed at a term subsequent to that at which the judgment was ren- 
dered, nor shall the collection of the assessment be in any way stayed or 
delayed by the commissioners or any officer of the corporation, without 
the consent of the contractor and bond holder. 

§ 44. Vacation of assessment — new assessment.] If any assess- 
ment shall be annulled by the commissioners, or set aside by any court, 
a new assessment may be made and returned and like notice given and 
proceedings had as herein required in relation to the first; and all parties 
in interest shall have like rights, and the commissioners, and the court, 
shall perform like duties and have the same power in relation to any sub- 
sequent assessment as are hereby given in relation to the first assessment. 

§ 45. JSTew assessment for completed work.] No special assess- 
ment shall be held void because levied in excess of the original estimate 
of cost or for work already done under a prior ordinance, if it shall 
appear that such work was done in good faith, by a contract duly let and 
executed, pursuant to an ordinance providing that such improvement 
should be paid for by special assessment. This provision shall only 
apply when the prior ordinance shall be held insufficient for the purpose 
of such assessment or otherwise defective, so that the collection of the 
assessment therein provided for becomes impossible. A new or special 
ordinance shall in such case be passed, providing for such assessment. 



DRAINAGE. 295 



§ 46. Supplemental assessments — rebates.] At any time after 
bids have been received jjursuant to the provisions of this Act if it shall 
appear to the satisfaction of the commissioners that the first assessment 
is insufficient to pay the contract bonds issued^, or to be issued in payment 
of sucli contract pricC;, together with the amount required to pay the ac- 
cruing interest thereon, said board shall make and file an estimate of the 
amount of such deficiency, and thereupon a second or supplemental 
assessment for such estimated deficiency of the cost of the work and in- 
terest may be made in the same manner as nearly as may be as the first 
assessment, and so on until sufficient money shall have been realized to 
pay for such improvement and such interest; it shall be no objection to 
such assessment that the prior assessment has been levied, adjudicated 
and collected unless it shall appear that in such prior cause upon prior 
issue made, it was specially found in terms that the property objected 
for would be benefited by said improvement no more than the amount 
assessed against it in such prior proceedings: Provided^ however, the 
petitioner, in case it so elects, may dismiss the petition and vacate the 
judgment of confirmation either at or after the term at which the judg- 
ment of confirmation is rendered, and begin new proceedings for the 
same or a different improvement as provided in this Act: Provided, 
further, that no more than one supplemental assessment shall be levied 
to meet any deficiency where said deficiency is caused by the original 
estimate made by the engineer, being insufficient. 

§ 47. New assessment against delinquents.] If from any cause 
the commissioners shall fail to collect the whole or any portion of any 
special assessment which may be. levied, which shall not be cancelled or 
set aside by order of any court, for any public improvement authorized 
to be made and paid for by a special assessment the commissioners may at 
any time within five years after the confirmation of the original assess- 
ment direct a new assessment to be made npon the delinquent property 
for the amount of such deficiency and interest thereon from the date of 
such original assessment, which assessment shall he made, as nearly as 
may be, in the same manner as is herein prescribed for the first assess- 
ment. In all cases where partial payments shall have been made on such 
former assessments they shall be credited or allowed on the new assessment 
to the property for which they are made, so that the assessment shall be 
equal and impartial in its results. If such new assessment prove insuffi- 
cient either in whole or in part, the commissioners may, at any time 
within said period of five years, order a third to be levied, and so on in 
the same manner and for the same purpose ; and it shall constitute no 
legal objection to such assessment that the property may 'have changed 
hands, or been encumbered, subsequent to the date of the original assess- 
ment. 

§ 48. Ceetifying roll.] Within thirty days after the confirmation 
of the assessment roll as provided in this Act, the clerk of the court in 
which such judgment is rendered shall certify the assessment roll and 
judgment to the treasurer of said corporation, or if there has been an 
appeal or writ of error taken on any part of s\ich judgment then he shall 



296 DEAINAGE. 



certify such part of the judgment as is not included in such appeal or 
writ of error, and such certification shall be filed by the officer receiving 
the same in his office. With such assessment roll and judgment the clerk 
of such court shall also issue a warrant for the collection of such assess- 
ment. The court shall have the power to recall such warrants as to all 
or any of the property affected at any time before payment or sale in case 
the proceedings be abandoned by the petitioner or the judgment be 
vacated or modified in a material respect as hereinbefore provided, but 
not otherwise, and in case said assessment roll has been abated and the 
judgment reduced in accordance with the provisions of this Act, the clerk 
of said court shall, within thirty days thereafter, certify the said order 
of reduction or the said roll as so reduced or re-cast, under the directions 
of the court, to said officer so authorized to collect such special assess- 
ment, and shall issue a warrant for the collection of such assessment as 
so reduced or re-cast. 

§ 49. Warrant to collector.] Should an appeal or writ of error 
be taken on any part of such judgment, and the board elect to proceed 
with the improvement notwithstanding such an appeal, as provided for in 
this Act, the clerk shall certify such appealed portion, from time to time, 
in the manner above mentioned, as the judgment is rendered thereon, 
and the warrant accompanying such certificate in each case shall be 
authority for collection of so much of such assessment as shall be in- 
cluded in the portion of the roll thereto attached. The warrant in all 
cases of assessment, under this Act, shall contain a copy of such certificate 
of the judgment describing the lots, blocks, tracts and parcels of land 
assessed so far as they shall be contained in the portion of the roll 
so certified, and the respective amount assessed on each lot, block, tract 
or parcel of land, and shall be delivered to the officer authorized to collect 
such special assessment. ' The treasurer having a warrant for any assess- 
ment levied to be paid by installments may receive any or all of the in- 
stallment of such assessments, but if in part only, then in their order. 

§ 50. Treasurer''s notice.] The treasurer receiving such warrant 
shall immediately give notice thereof by publishing a notice for three 
successive weeks in one or more newspapers published in said county of 
Randolph and also if he desire by mailing a copy thereof to each of the 
persons that may have given him notice that they claim any interest in 
any of said lands, such notice may be substantially in the following 
form: 

ASSESSMENT NOTICE. 

Notice is hereby given to all persons interested, that an assessment 

(or installment of per cent, of the assessment, as the case may 

be) is now due for drainage purposes for the year A. D. 19. . . ., upon 
lands lying within the Kaskaskia Island Sanitary and Levee District, 
in the county of Randolph and State of Illinois, and the same must be 

paid to the undersigned. , treasurer of said district, at 

his office in , on or before the day 

of , 19 .... , and in default of such payment the several 



DRAINAGE, 297 



tracts of land upon which said assessment (or installments as the case 
may be) remains unpaid, will be sold according to law, to pay the 
amount of such assessment (or installment) and costs. 
Dated this dav of - A. D. 19 



Treasurer. 

When such assessment is levied to be paid in installments, such notice 
shall, in addition to the foregoing, contain the amount of each install- 
ment, the rate of interest deferred installments bear, and the date when 
payable. 

§ 51. Eeport of treasurer of delinquent list to general offi- 
cer.] It shall be the duty of the treasurer of the said district on or be- 
fore the first day of April. in each year, to make a report in writing to 
the general officer of the county authorized or designated by the general 
revenue laws of this State to apply for judgment and sell lands for taxes 
due the county and State, of all the lands, pieces or parcels of real prop- 
erty on which he shall be unable to collect the special assessments or in- 
installments thereof matured and payable, or interest thereon, or interest 
due the preceding January second on installments not yet matured on 
all warrants in his hands, with the amount of such delinquent special 
assessment or installment and interest together with his warrants; or, 
in case of an assessment levied to be paid by installments, with a brief 
description of the nature of the warrant or warrants received by him 
authorizing the collection thereof, which report shall be accompanied 
with the oath of the treasurer that the list is a correct return and report 
of the land, town lots and real property on which the special assessment 
levied by the authority of the Kaskaskia Sanitary and Levee District of 
Eandolph county, State of Illinois, or installments hereof, or interest 
remaining due and unpaid ; that he is unable to collect the same, or any 
part thereof, and that he has given the notice required by law that such 
warrants have been received by him for collection. 

§ 52. Effort to be evidenced.] Said report when so made shall 
be prima facie evidence that all forms and requirements of the law, in 
relation to the making of said return, have been complied with, and 
that the special assessments or the matured installments thereof, and 
the interest thereon, and the interest accrued on installments not yet 
matured, mentioned in said report, are due and unpaid and upon the 
application for judgment of sale upon such assessment or matured in- 
stallments thereof, or the interest accrued on installments not yet ma- 
tured, no defense or objection shall be made or heard which might have 
been interposed in the proceeding for the making of such assessment, 
or the application for the confirmation thereof, and no errors in the pro- 
ceeding to confirm not affecting the power of the court to entertain and 
consider the petition therefor, shall be deemed a defense to the appli- 
cation herein provided for. When such application is made for judg- 
ment of sale on an installment only of an assessment payable by in- 
stallment, all questions affecting the jurisdiction of the court to enter 



298 DRAIXAGE. 



the judgment of confirmation and the validity of the proceedings shall 
be raised and determined on the first of such applications. On appli- 
cation for judgment of sale on any subsequent installment, no defense, 
except as to the legality of the pending proceeding, the amount to be 
paid or actual payment, shall be made or heard. And it shall be no 
defense to the application for judgment on any assessment or any in- 
stallment thereof that the work done under any ordinance, if it shall 
appear that the said work has been accepted by or under the direction 
of the board of commissioners. And the voluntary payment by the 
owner or his agent, of any installment levied on any lot, block, tract or 
parcel of land, shall be deemed and lield in law to be an assent to the 
confirmation of the assessment roll and to be held to release and waive 
any and all right of such owner to enter objections to the application 
for judgment of sale and order for sale. The judgment of sale on any 
installment shall include all interest accrued due as returned delinquent 
by the treasurer on any installment or installments not matured ; and all 
judgments of sale for a matured installment shall bear interest on the 
amount of the principal of said matured installment to the date of pay- 
ment or sale. 

§ 53. Application for judgment — sale — revenue laws to gov- 
ern.] When such general officer shall receive the report above pro- 
vided for, he shall proceed to obtain judgment against said lots and 
parcels of land and property for said special assessments or installments 
thereof, and interest remaining due and unpaid, in the same manner as 
is or may be by law provided for obtaining judgment against lands for 
taxes due and unpaid the county or State; and shall in the same man- 
ner proceed to sell the same for the said special assessments, or install- 
ments thereof, and interest remaining due and unpaid. In obtaining 
such judgment and making such sale, the said officer shall be governed 
by the general revenue law of the State, except when otherwise provided 
herein. No application for judgment against lands for unpaid special 
assessments shall be made at a time different from the annual applica- 
tion for judgment against lands upon which general taxes remain due 
and unpaid. The application for judgment upon delinquent special 
assessments in each year shall include only such special assessments, or 
installments thereof, and interest as shall have been returned as de- 
linquent to the county collector on or before the first day of April in 
the year in which said application is made : Provided, that said judg- 
ment of sale shall include interest on matured installments iip to the 
date of such judgment as herein provided. 

§ 54. General revenue laws apply.] The general revenue laws 
of this State in reference to proceedings to recover judgment for de- 
linquent taxes, the sale of property thereon, the execution of certificates 
of sale and deeds thereon, the force and effect of such sales and deeds 
and all other laws in relation to the enforcement and collection of taxes 
and redemption from tax sales, except as herein provided, shall be 
applicable to proceedings to collect such special assessments. 

§ 55. Corporation may buy in.] The commissioners may in the 
collection of any special assessment, in default of other bidders become 



DRAINAGE. - 299 



a purchaser in the name of the corporation at any sale of property to 
enforce the collection of the same, and may authorize and make it the 
duty of one or more of their members or the clerk of the board to at- 
tend such sales and bid thereat in behalf of the corporation. 

§ 56. Wilful injury^ etc., to drain — penalty.] Any person 
who shall wrongfully and purposely fill up, cut, injure, destroy or in 
manner impair the usefulness of any levee, drain, ditch, or other work 
constructed, established, or belonging to the Kaskaskia Sanitary and 
Levee District may be fined in any sum not exceeding two hundred 
dollars, to be recovered before any justice of the peace in the proper 
county. All complaints under this section shall be in the name of the 
People of the State of Illinois, and all fines, when collected, shall be 
paid over to the commissioners of said corporation to be used for the work 
so injured, and in addition to these penalties, the person so wrongfully 
or purposely filling, or in any manner impairing the usefulness of any 
such levee drains, or other improvements, shall be liable to the said 
corporation for all damages occasioned to such work and to the owners 
and occupants of land for all damages that may result to them by such 
wrongful act, which may be recovered before any justice of the peace, 
if within his jurisdiction or before any court of competent jurisdiction. 

Approved June 28, 1913. 



PUMPING PLANTS — CONSTRUCTION, ETC., AND VALIDATION OF 
PROCEEDINGS. 



§ 4 . Validation of former proceedings. 
§ 5. Repeals Act of 1905 — riglits saved. 
§ 6. Emergency. 



§ 1. Pumping plants in districts having com- 
bined system of drains — power and au- 
thority—petition to county court. 

§ 2 . Notice of hearing on petition. 

§ 3. Hearing on petition— what determined by 
court — acquisition of right of way — special 
assessment — apportionment lor mainte- 
nance. 

(House Bill No. 382. Appeoved June 27, 1913.) 

An Act to provide for constructing pumping plants and maintaining 
the same in operation, in drainage and levee districts and special 
drainage districts heretofore or hereafter organized, and to legalize 
and validate farmer proceedings, assessments, hond issues, indebted- 
ness, and expenditures in regard to, or on account of, the erection, 
maintenance and operation of pumping plants, and to repeal an Act 
therein named. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That in all drainage and levee dis- 
tricts, and special drainage districts, heretofore organized, or to be here- 
after organized, under any law of this State authorizing a combined 
system of drains, ditches, and levees, it shall be lawful to construct and 
maintain in operation as a part of the drains or ditches of such district 
one or more pumping plants, whenever the flow of the water in any of 
such drains or ditches is, or will be, obstnicted by the erection of any 



300 ■ DEAINAGE. 



levee, or levees, now built, or to be built, as a part of the work of im- 
provement of said district, and it is deemed necessary for the disposition 
of the surface water, seepage or rainfall in such district to maintain the 
flow of the water in such drains or ditches by elevating it over or forcing 
it through such obstructing levee or levees; such pumping plant or 
plants to be constructed and maintained in operation out of the funds 
raised, or to be raised, by special assessment on the lands of said district 
to be benefited thereby in the manner provided by law for assessing 
benefits, and as a part of the drainage and levee work of said district; 
and to be done upon the order of the county court of the county in which 
the district, or the major part thereof, is located; such order to be 
entered, if. in the judgment of the court upon the hearing of any 
petition presented therefor, as hereinafter directed, it shall appear to 
the court to be for the best interest of said district and of the owners of 
land therein, that such pumping plant or plants be constructed and 
maintained in operation in said district as a part of the drainage system 
thereof. In districts hereafter organized it shall be sufficient to include 
in the petition for the 'organization of such district a general description 
of such pumping plant or plants, together with the other proposed work, 
as is now provided by law. In all such districts heretofore organized 
(or in districts hereafter organized in which the original petition for' 
organization does not include a pumping plant as a part of the drain- 
age system of said district) the court may order the construction of 
such pumping plant or plants, together with such additional work as 
may be needed, when petitioned therefor by a majority of the owners 
of land within said district who are of lawful age and represent at least 
^ne-third in area of such lands, or on the petition of one-third of such 
land owners who represent the major portion of the area of said lands, 
or on the petition of the commissioners of said district, 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 the same has been expended, together with plans, plats, profiles 
and specifications of such proposed pumping plant or plants (and such 
other additional work, if any) together with an estimate of the cost of 
constructing the same, and also an estimate of the amounts necessary to 
be annually raised to keep the other work in repair and to maintain 
said pumping plant or plants in operation. 

§ 2. Upon said petition being filed the clerk of said court shall 
cause three weeks' notice of the presentation and filing thereof addressed, 
"To all persons interested," to be given in the same manner in all re- 
spects as provided in section 3 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," ap- 
proved and in force May 29, 1879, as subsequently amended, except that 
instead of a more particular description it shall be sufficient for said 
notice to contain a general description of the proposed pumping plant, 
or plants, and other work proposed in said petition. 



DRAINAGE. 301 



§ 3. Upon such hearing the petitioners and any person interested 
may appear and be heard in favor of, or in opposition to, said petition, 
and shall have the same right of appeal as in cases arising under section 
16 of said Act of May 29, 1879. In case the prayer of the petition is 
granted the court shall find and determine from the evidence the total 
amount necessary to be raised annually to maintain such pumping plant 
or plants in operation, as a part of the drainage system of said district; 
and thereafter the commissioners shall acquire the land and right of 
way for such pumping plant, or plants, and other work, as now provided 
by law, and a special assessment shall be made on the lands of said dis- 
trict to be benefited thereby for the construction of such pumping plant, 
or plants, and other work, if any, in the manner provided by the Act 
under which such district is organized, in cases of original assessments, 
except that the commissioners and jury shall apportion the amount so 
found by the court as necessary to be raised annually to maintain such 
pumping plant or plants in operation among the several tracts of land 
of said district in proportion to the amount each will be benefited by 
maintaining such pumping plant or plants in operation, and such pro- 
portionate amount may be in addition to any limitations now imposed by 
law upon the "annual amount of benefits" to be collected from such 
tract for keeping the other work of said district in repair, but shall be 
included therewith and be collected at the same time and in the same 
manner. 

§ 4. That all proceedings, assessments, bond issues, indebtedness, and 
expenditures heretofore had, made, or incurred in regard to or on 
account of the erection, maintenance and operation of pumping plants 
in any district organized under any law of this State be and the same 
is hereby declared to be in all respects legal and valid. 

§ 5. Be it further enacted, that an Act entitled, "An Act to amend 
section 1 of the Act entitled, 'An Act to provide for the erection, main- 
enance and operation of numping plants in certain drainage and levee 
districts, and to legalize and validate former proceedings, bond issues, 
indebtedness and expenditures in regard to, or on account of, or with a 
view to the erection, maintenance 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," approved June 7, 1911, in force 
July 1, 1911, be and the same is hereby repea,led, saving and reserving 
however any rights that may have heretofore accrued thereunder. 

§ 6. • And Whereas, A number of drainage districts in this State 
are now without power to construct and maintain in operation pumping 
plants ; therefore, an emergency exists, and this Act shall take effect and 
be in force from and after its passage. 

Approved June 27, 1913. 



503 ' DRAINAGE. 



SANITARY DISTRICT OF CHICAGO — CORPORATE LIMITS ENLARGED. 

§1. Corporate limits extended — description. I §2. Petition for referendum on adoption of Act — 

I submission of question. 

(House Bill No. 852. Approved June 27, 1913.) 

An Act to enlarge the corporate limits of the Sanitary District of 

Chicago. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That the corporate limits of the 
sanitary district of Chicago are hereby extended so as to embrace and 
include within the same, the territory and tracts of land situated in the 
county of Cook and State of Illinois, hereinafter described as follows : 

Sections twenty-one (31), twenty-two (33), twenty-three (33), 
twenty-six (36), twenty-seven (37), thirty-five (35), and thirty-six 
(36) in Township Forty (40) North, Eange twelve (13) East of the 
Third Principal Meridian; sections one (1), two (3), three (3), four 
(4), nine (9), ten (10), eleven (11), twelve (13), thirteen (13), four- 
teen (14), fifteen (15), sixteen (16), twenty-two (33), twenty-three 
(33), twenty-four (34), twenty-five (35), twent5'--six (36), twenty- 
seven (37), thirty-five (35) and thirty-six (36) in Township thirty- 
nine North, Eange 13, East of the Third Principal Meridian, in the 
county of Cook and State of Illinois; and in addition thereto any por- 
tion or portions of the incorporated villages of Franklin Park, Biver 
Grove, Melrose Park, Maywood, Eiver Forest, Forest Park, Eiverside 
and Bellewood which may not be included in the above description. 

§ 3. If within one hundred and twenty (130) days after the passage 
of this iVct a petition, signed by not less tlian ten (10) per cent of the 
legal voters within the above described territory, praying that the ques- 
tion of the adoption of this Act shall be submitted to a vote of the 
electors of said territory, shall be filed with the clerk of said sanitary 
district, then and in such case the question of the adoption of this Act 
shall be submitted to a vote of the said electors, as in said petition 
prayed, at any general or municipal election held after the adoption of 
this Act, and in such case, this Act shall not be in force unless a ma- 
jority of the votes cast at said election, upon the question of the adop- 
tion of this Act, shall be in favor of the adoption thereof. 

It shall be the duty of the election officers having charge of the 
preparation of the ballots and the giving of the notices of election and 
of the counting and canvassing and making returns of the ballots, to 
take all necessary steps and do all necessary acts to cause the said ques- 
tion of the adoption of this Act to be submitted to a vote as hereinbefore 
provided, and to cause the result of such election to be canvassed and 
certified, as provided by law in other similar cases. 

Approved June 37, 1913. 



DRAINAGE, 



303 



SANITAEY DISTEICTS WITHIN ONE COUNTY ACT OF 1911 AMENDED. 



§ 3 . Board of trustees — corporate sea 1 

§14. Contracts with U. S. War Depart- 
ment. 

§ 20 . Pollution of waters— police pow- 
ers—sewage disposal. 



§ 1 . Repeals sections 17 and 19 and amends sec- 
tions 1, 2, 3, 14 and 20, Act of 1911. 

§ 1 . As amended, notice of election to 
contain description of proposed 
district — each legal voter enti- 
tled to vote. 

§ 2. Judicial notice of existence of or- 
ganized district. 

(House Bill No. 419. Approved June 30, 1913.) 

An Act to> amend sections 1, 2, S, IJf- and 20 of an Act entitled, "An 

Act to create sanitary districts and to provide for sewage disposal," 

approved June 5, 1911, and in, force July 1, 1911, and to further 

amend said Act hy repealing sections 17 and 19 thereof. 

Section 1. Be it enacted by the People of the State of Illinois, re/i- 

resented in the General Assembly: That sections 17 and 19 of an Act 

entitled, "An Act to create sanitary districts, and to provide for sewage 

disposal," approved June 5, 1911, and in force July 1, 1911, be repealed 

and that sections 1, 2, 3, 14 and 20 of said Act be amended to read as 

follows : 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That whenever any area of contin- 
uous territory within the limits of a single county shall contain two or 
more incorporated cities, towns or villages owning and operating, either 
or any oi them, a system or systems of water works and procuring a 
supply of water from Lake Michigan, and shall be so situated that the 
construction and maintenance of a common plant for the purification 
and treatment of sewage, and the maintenance of a common outlet for 
the drainage thereof will conduce to the preservation of the public health, 
the same may be incorporated as a sanitary district under this Act, in 
the manner following : Any 300 legal voters resident within the limits 
of such proposed sanitary district may petition the county judge of the 
county in which they reside to cause the question to be submitted to the 
legal voters of such proposed district whether they will organize as a 
sanitary district under this Act. Such petition shall be addressed to 
the county judge, and shall contain a definite description of the terri- 
tory intended to be embraced in such district, and the name of such 
proposed sanitary district: Provided, however, that no territory shall 
be included in any municipal corporation formed hereunder which is 
not situated within the limits of a city, incorporated town or village, 
or within three miles thereof, and no territory shall be included within 
more than ore sanitary district under this Act. Upon the filing of 
such 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 to call to 
his assistance two judges of the circuit court and such judges shall con- 
stitute a board of commissioners which shall have power and authority 
to consider the boundaries of any such proposed sanitary district, whether 
the same shall be described in such petition or otherwise. jSTotice shall 
be given by such county judge of the time and place where such com- 



304 DEAINAGE. 



missioners will meet^ b)^ a publication inserted in one or more daily 
papers published in such county, at least twenty days prior to such 
meeting. At such meeting the county judge shall preside, and all per- 
sons in such proposed sanitary district shall have an opportunity to be 
heard touching the location and boundary of such proposed district and 
make suggestions regarding the same, and such commissioners, after 
hearing statements, evidence and suggestions, shall fix and determine 
the limits and boundaries of such proposed district, and for that purpose 
and to that extent may alter and amend such petition. After such de- 
termination by said commissioners, or a majority of them, the county 
judge shall submit to the legal voters of the j)roposed sanitary district 
the question of the organization and establishment of the proposed san- 
itary district, as determined by said commissioners, at an election to be 
held on the first Tuesday after the first Monday in November or the 
first Tuesday in April thence next ensuing, notice whereof shall be 
given by said commissioners, at least twenty days prior thereto by pub- 
lication in one or more daily papers published within such proposed 
sanitary district, such notice to specify briefly the purpose of such elec- 
tion, with a description of such proposed district. Each legal voter 
resident within such proposed sanitary district shall have the right to 
cast a ballot at such election, with the words thereon, "For sanitary dis- 
trict," or "Against sanitary district." The ballots so cast shall be re- 
ceived, returned and canvassed in the same manner and by the same 
officers as is provided by law in the case of ballots cast for county oSicers. 
The county judge shall cause a statement of the result of such elec- 
tion to be spread upon the records of the county court. If a majority 
of the votes cast upon the question of the incorporation of the pro- 
posed sanitary district, shall be in favor of the proposed sanitary dis- 
trict, such proposed district shall thenceforth be deemed an organized 
sanitary district under this Act. 

§ 2. All courts in this State shall take judicial notice of the exist- 
ence of all sanitary districts organized under this Act. 

§ 3. A board of trustees, consisting of five members, for the gov- 
ernment, control and management of the affairs and business of each 
sanitary district organized under this Act shall be created in the fol- 
lowing manner, to-wit: 

Within twenty (30) days after the adoption of said Act, as provided 
in section one (1) hereof, the said county judge shall call a meeting 
of the said board of commissioners, consisting of himself and two cir- 
cuit judges, and thereupon said board shall proceed to divide said san- 
itary district into five wards for the purpose of selecting trustees there- 
from, and shall appoint one trustee for each of such wards: Provided, 
the population in no one of such wards shall exceed one-fourth of the 
population of the whole district : Ajid, provided, further, that the ter- 
ritory in each of said wards shall be composed of contiguous territory 
in as compact form as practicable. It shall be the duty of said board 
of commissioners at least every ten years to re-apportion said district, 
so that the respective wards shall conform as nearly as practicable with 
the above requirements as to population, shape and territory. 



DRAINAGE. 305 



Said trustees shall hold office respectively for one, two, three, four 
and five years from the first Monday of May after their appointment 
and until their successors are appointed and qualified and thereafter 
the term for which said trustees shall be appointed shall be for five 
years next after the first Monday in May of the year in which they are 
respectively appointed. The length of the term of the first trustees 
shall be determined by lot at their first meeting. The said board of 
commissioners, after the first appointment, shall be made up of the 
county judge of the county in which said district is located, and the two 
judges of the circuit court of the judicial district in which said sanitary 
district is located, residing in or closest to said- district. The county 
judge shall call and preside at all meetings of such commissioners and 
shall call and preside at the first meeting of said board of trustees. 

Said commissioners shall, during the month of April of each year or 
as soon thereafter as may be, re-appoint the member of said board whose 
term expires that year or appoint his successor. The order of appoint- 
ment shall be signed by not less than two of said commissioners and 
shall be spread of record on the records of the county court of the county 
in which said district is located. 

Said board of commissioners shall also require each of said trustees 
to enter into bond, with security to be approved by such county judge, 
in such sum as said board may determine. 

A majority of the board of trustees shall constitute a quorum but a 
smaller number may adjourn from day to day. No trustee or emploj^ee 
of such district shall be directly or indirectly interested in any con- 
tract, work or business of the district, or the sale of any article, the ex- 
pense, price or consideration of which is paid by such district; nor in 
the purchase of any real estate or other property belonging to the dis- 
trict, or which shall be sold for taxes or assessments, or by virtue of 
legal process at the suit of said district. The trustees shall have the 
power to provide and adopt a corporate seal for the district. 

§ 14. Whenever there shall be located within the bounds of any 
such sanitary district organized under the provisions of this Act, any 
United States military post, reservation or station, or any naval sta- 
tion, the said board of trustees of such district are hereby authorized to 
enter into contracts or agreements with the War Department, or other 
proper authorities of the United States,, permitting them to connect 
with any such conduit or conduits, main pipe or pipes, and discharge the 
drainage, sewage or other impure or contaminated liquids therein. 

§ 20. The board of trustees of any such sanitary district shall have 
power and authority to prevent the pollution of any waters from which 
a water supply may be obtained by any city, town or village within said 
district, and shall have the right and power to appoint and support a 
sufficient police force, the members of which may have and exercise 
police powers over the territory within such drainage district, and over 
the waters from which said water supply may be obtained, for a distance 
of three miles from the shore thereof, for the purpose of preventing the 



—20 L 



)0G DRAINAGE DRAM SHOPS. 



pollution of said waters, and any interference with any of the property 
of such drainage district; but such police officers when acting within 
the limits of any such city, town or village, shall act in aid of the regu- 
lar police force thereof, and shall then be subject to the direction of its 
chief of police, city or village marshals or other head thereof : Pro- 
vided, that in so doing they shall not be prevented or hindered from 
executing the orders and authority of said board of trustees of such 
drainage district : Provided, further, that before compelling a change 
in any method of disposal of sewage so as to prevent the said pollution 
of any water, the board of . trustees of such district shall first provide 
some other method of sewage disposal. 
Approved June 30. 1913. 



DEAM SHOPS. 



locatiojst near state university. 

I 1. Proliibits sale, gift or taking order, etc., for I § 2. Places declared common nuisances — abate- 
intoxicating liquor within four miles of ment — proviso, 

any State university— shift or device — 

definition. 1 §3. Penalty for violations. 

(House Bill No. 215. Approved June 27, 1913.) 

An Act to proMMt the sale of intoxicating liquor within four miles of 
the boundary line or lines of the main campus of any State university 
owned or maintained, in ivhole or in part,l)y the State of Illinois, and 
ivhich is endowed by the proceeds of the sale of public lands set apart 
for that purpose hy the Act of the Congress of the United States of 
July 2, 1862, entitled, "An Act donating public lands to the several 
states and territories which may provid-e colleges for the benefit of 
agriculture and the mechafiic arts." 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That on and after the first day 
of July, A. D. 1913, it shall be imlawful to keep for sale, sell, distribute, 
give away, or take an order or make an agreement fox the sale or delivery 
of any intoxicating liquor within fo.ur miles of the boundary line or 
lines of the main campus of any State universit}^ owned or maintained, 
in whole or in part, by the State of Illinois, and which is endowed by 
the proceeds of the sale of public lands set apart for that purpose by the 
Act of the Congress of the United States af July 2, 1862, entitled, "An 
Act donating public lands to the several states and territories which 
may provide colleges for the benefit of agriculture and the mechanic 
arts." Any shift or device to evade any of the provisions of this Act 
shall be held to be an unlawful selling. The phrase "intoxicating 
liquor" shall include all distilled, spirituous, vinous, fermented and raaU 
liquors. 



BEAM SHOPS — ELECTIONS. 307 



§ 2. All places within fo.ur miles of said boundary line or lines where 
any intoxicating liquor is dealt in in violation of this Act are hereby 
declared to be common nuisances and may be abated as such : Provided, 
nothing in this Act shall be construed to prohibit the sale within four 
miles of said boundary line or lines by druggists to whom permits there- 
for have been duly granted in the manner provided by law of liquor for 
medicinal, mechanical, sacramental or chemical purposes only, under 
such restrictions and regulations as may be provided by ordinance. 

§ 3. Whoever shall, by himself or another, either as principal, clerk 
or servant, directly or indirectly, violate any provision of this Act shall 
for each offense be fined not less than fifty dollars ($50) nor more than 
two hundred dollars ($200) and be imprisoned in the county jail for 
not less than ten (10) days nor more than thirty (30) days. If any 
person shall be convicted of violating any provision of this Act and 
shall subsequently violate any provisioji of this Act, for such second 
and each subsequent violation he shall, for each ofEense, be fined not 
less than one hundred dollars ($100) nor more than five hundred 
dollars ($500) and be imprisoned in the county jail for not less than 
thirty (30) days nor more than ninety (90) days. 

Approved June 27, 1913. 



ELECTIONS. 



ACT OF 187 2 — ELECTION OP UNITED STATES SENATOR. 

§ 1. Amends sections 71 and 78 and adds sections I §71. Canvass of votes by county can- 

6a and 130a, Act of 1872. | vassing board. 

§ 6a. Election of United States Sena- § 78. Canvass of votes by State can- 

tor, vassing board. 

§ 130a . Temporary appointment to fill 
vacancy — election. 

(Senate Bill No. 372. Approved June 25, 1913.) 

An Act to amend sections 71 and 78 of an Act entitled, "An Act in 
regard to elections, and to provide for filling vacancies in elective 
offices/' approved April 3, 1S72, in force July 1, 1872, and as siihse- 
quently amended, and to further amend said Act iy adding thereto 
two additional sections to he designated' as sections 6a and 130a. 
Section 1, Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections 71 and 78 of an Act 
entitled, "An Act in regard to, elections, and to provide for filling vacan- 
cies in elective offices," approved April 3, 1872, in force July 1, 1872, 
and as subsequently amended, be amended to read as hereinafter set 
forth, and that two additional sections to be designated as sections 6a 
and 130a be added to said Act, which added sections and amended 
sections shall read as follows: 

§ 6a. A United States Senator shall be elected on the Tuesday next 
after the first Monday in November preceding the expiration of the 



308 ELECTIONS. 



term of office of each Senator in Congress from this State : Provided, 
that if Congress shall fix a difi:erent day for such election, then the 
election shall be held on the day so fixed by Congress. 

§ 130a. When a vacancy shall occur in the office of United States 
Senator from this State, the Governor shall make temporary appoint- 
ment to fill such vacancy until the next election of representatives in 
Congress, at which time such vacancy shall be filled by election, and the 
senator so elected shall take office as soon thereafter as he shall receive 
his certificate of election. 

§ 71. Within seven days after the close of the election, the county 
clerks of the respective counties, with the assistance of two justices of 
the peace o.f the county, shall open the returns and make abstracts of the 
votes in the following manner, as the case may require : 

Of votes for Governor and Lieutenant Governor, on one sheet; of votes 
for State officers, on another sheet; of votes far presidential electors, on 
another sheet; of votes for United States Senators and Representatives 
to Congress, on another sheet; of votes for judges of the Supreme Court, 
on another sheet; of votes for Clerk of the Supreme Court, on another 
sheet; of votes for judges of the circuit court, on another sheet; of votes 
for Senators and Representatives to the General Assembly, on another 
sheet; of votes for members of the State Board of Equalization, on 
another sheet; of votes for trustees o.f the University of Illinois, 
on another sheet; of votes for amendments to the Constitution, and for 
other propositions submitted to the electors o.f the entire State, on 
another sheet; of votes for county officers and for propositions sub- 
mitted to the electors of the county only, on another sheet. The fore- 
going abstracts shall be preserved by the county clerk in his office. 

§ 78. The Secretary of State, Auditor, Treasurer, and Attorney 
General, or any two of them in the presence of the Governor shall 
proceed within twenty days after the election, and sooner if all the 
returns are received, to canvass the votes given for United States Sena- 
tors and Representatives to Congress, judges of the Supreme Court, 
clerk of the Supreme Court, judges of the circuit court. Senators, 
Representatives to the General Assembly, members of the State Board 
of Equalization and trustees of the University of Illinois, respectively, 
and the persons having the highest number of votes for the respective 
offices, shall be declared duly elected; but if it appears that more than 
the number of persons to be elected have the highest and an equal 
number of votes for the same office, the Secretary of State, in the 
presence of the other officers and the Governor, shall decide by lot 
which of such persons shall be elected; and to each person duly elected, 
the Governor shall give a certificate of election or commission, as the 
case may require, and shall cause proclamation to be made of the result 
of the canvass, and they shall at the same time and in the same manner, 
canvass the vote cast upon amendments to the Constitution, and upon 
other propositions submitted to the electors of the entire State; and 
the Governor shall cause to be made such proclamation of the result 
of the canvass as the statutes elsewhere, provide. ■ 

Appeoved June 25, 1913. 



ELECTIONS. 309 



CITY ACT OF 1885 — CANVASS OF VOTES, ETC. 

§ 1 . Amends section 1, article 5, Act of 1885. I § 1 . As amended, includes votes for 

I United States senators. 

(Senate Bill No. 419. Approved June 25, 1913.) 

An Act to amend section 1 of article V of "An Act to amend 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 hy an Act 
approved June 18, 1891, in force July 1, 1891," approved April 24, 
1899, in force July 1, 1899, and as suhsequently amended. 
Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly: That section 1 of article V of "An 
Act to amend an Act entitled 'An Act regulating the holding of elec- 
tions and declaring the result thereof in cities^ villages and incorporated 
towns in this State/ approved June 19, 1885, in force July 1, 1885, as 
amended by an Act approved June 18, 1891, in force July 1, 1891," 
approved April 24, 1899, in force July 1, 1899, and as subsequently 
amended, be and the same is hereby amended so as to read as follows, 
to wit: 

x\eticle Y. 

§ 1. Within seven days after the close of such election, the 
county judge, with the assistance of the city attorney and the board of 
election commissioners, who are hereby declared a canvassing board for 
such city, shall open all returns left, respectively, with the election com- 
missioners, the county clerk, and city comptroller, and shall make ab- 
stracts or statements of the votes in the following manner, as the case 
may require, viz : All votes for Governor and Lieutenant Governor on 
one sheet; all votes for other State officers on another sheet; all votes 
for presidential electors on another sheet; all votes for United States 
Senators and Eepresentatives to Congress on another sheet; all votes for 
judges of the Supreme Court on another sheet; all votes for clerks 
[Clerk] of the Supreme Court on another sheet; all votes for clerk of 
the Appellate court on another sheet ; all votes for judges of the circuit 
court on another sheet; all votes for Senators and Eepresentatives to 
the General Assembly on another sheet ; all votes for members of the 
State Board of Equalization on another sheet ; all votes for county 
officers on another sheet; all votes for city officers on another sheet; all 
votes for town officers on another sheet ; and all votes for any other office 
on a separate and appropriate sheet ; all votes for any proposition, which 
may be submitted to a vote of the people, on another sheet, and all votes 
against any proposition, submitted to a vote of the people, on another 
sheet. 

Approved June 25, 1913. 



310 



ELECTIONS. 



PEIMARY ELECTIONS — GENEEAL ACT OP 1910 AMENDED. 



Amends sections 1, 4, 6, 8, 9, 10, 27, 28, 29, 30, 
31, 35, 48, 51, 53, 56, 57, 58 and 62, Act of 
1910. 

§ 1. What candidates nominated — 
exceptions — proviso. 

§ '4. Words and phrases— how con- 
strued. 

§ 6. Dates of primaries — hours. 

§ 8. Committees — central or manag- 
ing — exceptions . 



§ 9. 



Committees — composition — or- 
ganization — powers, etc. 

(1) State central committee. 

(2) PrecLQct committeeman. 

(3) County central committee — 

vote. 

(4) Congressional committee — 

exceptions. 

(5) City central committee — ex- 

ceptions. 

(6) Powers and duties. 

(7) Existing party committees 

recognized. 

Convention dates — organization 
— delegates — call, etc. 

(a) County conventions — vote. 

(b) Congressional conventions. 

(c) State conventions. 

(d) Functions of conventions. 

(e) Calls for conventions — filuig 

—form. 



§ 27. Tally sheets— form. 



§ 10. 



§ 28. 



-form— number of sign- 



Petition- 
ers. 

(a) State office. 

(b) Congressional office. 

(c) Judicial office. 

(d) County office. 

(e) City or village office. 

(f) State central committee- 

man. 

(g) Trustee of sanitary district, 
(h) Clerk of appellate court. 

(i) Ward committeeman, 
(j) Other offices. 



§ 29. President— U. S. SenatoT— peti- 
tion— advisory vote. 



§ 30. Petition— filing— withdrawal. 

(1) State, congressional, judi- 

cial, appellate court, etc. 

(2) County officers — trustees of 

sanitary districts— excep- 
tions. 

(3) City and village oflBcers. 

(4) Town offices. 

(5) State central committeeman. 

(6) Filing and endorsing of peti- 
. tions. 

(7) Withdrawal of petitions. 

(8) Delegates or alternates to 

national con ventions 
— statement filed — dis- 
avowal. 

§ 31. Certification to county clerk — 
rotation of names for State offi- 
ces — preference for President — 
certification to boards of elec- 
tion commissioners. 

§ 35. Ballots— forms. 

(1) Designating words. 

(2) Order of names— directions, 

etc. 

(3) Precinct committeeman — 

exception. 

§ 43 . Qualifications of voters — women. 

(a) Declaration of party affili- 

ation. 

(b) Qualifications of petitioners. 

(c) Independent petitioners. 

(d) Vote at primary of another 

party — proviso — registra- 
tion — erasure of names — 
hearing on appeal. 

§ 51. Ballots— "defective," etc. 

§ 53. Canvass of ballots— certificates. 

§ 56 . Canvass of returns. 

(1) City officers. 

(2) Village officers. 

(3) County canvassing board. 

(4) State canvassing board. 

(5) Election commissioners. 

§ 57. Certificates of nomination and 
election. 

§ 58. Plurality nominations — tie vote. 



62. 



Contest— jurisdiction— proceed- 
ings.. 



(House Bill No. 834. Approved June 30, 1913.) 

An Act to amend sections one (1), four (If), six (6), eight (8), nine 
(■9), ten (10), twentij-seven (27), twenty-eight (28), twenty-nine 
(29), thirty (30), thirty-one (31), thirty- five (35), forty-three (43), 
fiftij-one (51), fifty-three (53), fifty-six (56), fifty-seven (57), fifty- 
eight (58), and sixty-two (62) of an Act entitled, ''An Act to provide 
for the holding of primary elections hy political parties," approved 
March 9, 1910, in force July 1, 1910; as amended by an Act approved 
May 27, 1912, in force July 1, 1912; and as' amended by an Act 
approved and in force March 30, 1912. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That sections one (1), four (4), 
six (6), eight (8), nine (9), ten (10), twenty-seven (27), twenty-eight 



ELECTIONS. 311 



(28), twenty-nine (29), thirty (30), tliirty-one (31), tliirty-five (35), 
forty-three (43), fifty-one (51), fifty-three (53), fifty-six (56), fifty- 
seven (57), fifty-eight (58), and sixty-two (62), of an Act entitled, 
"An Act to provide for the holding of primary elections by political 
parties," approved March 9, 1910, in force July 1, 1910, as amended 
by an Act approved May 27, 1912, in force July 1, 1912, and as amended 
by an iVct approved and in force March 30, 1912, be and the same are 
hereby amended to read as follows: 

§ 1. The nomination of all candidates for all elective State, con- 
gressional,, county, city and village (including officers of the municipal 
court of Chicago), town and judicial officers, members of the State 
Board of Equalization, clerks of the appellate courts, trustees of sani- 
tary districts, township officers in townships co-extensive with cities, 
incorporated towns or villages, and for the election. of precinct, ward and 
State central committeemen, and delegates and alternate delegates to 
National nominating conventions, by all political parties, as defined by 
section 2 of this Act, shall be made in the manner provided in this Act, 
and not otherwise : Provided, this Act shall not apply to the nomina- 
tion of candidates for electors of President and Vice President of the 
United States, and trustees of the University of Illinois : • And, pro- 
vided, further^ that this Act shall not apply to school elections and town- 
ship elections other than in townships co-extensive with cities, incor- 
porated towns or villages. The words ^'township officers" or "township 
offices" shall be construed when used in this Act to include supervisors, 
and assistant superviors. 

§ 4. The following words and phrases in this Act shall, imless the 
same be inconsistent with the context, be construed as follows : 

1. The word "primar}^," the primary election provided for in this 
Act. 

2. The word "election," a general election, as distinguished from a 
special election or a primary election. 

3. The word "precinct," a voting district heretofore or hereafter 
established by law within w^hich all qualified electors vote at one polling 
place. 

4. The w^ords "State office," or "State officer," an office to be filled, 
or an officer to be voted for, by qualified electors of the entire State, in- 
cluding United States Senator and Congressman at large, and delegates 
and alternate delegates at large to national nominating conventions. 

5. The words "congressional office" or "congressional officer," Eep- 
resentatives in Congress and members of the State Board of Equaliza- 
tion, delegates or alternate delegates to National nominating conventions, 
when such delegates or alternate delegates are chosen by congressional 
districts. 

6. The words "judicial office" or "judicial officer," judges of the 
Supreme and circuit courts and judges of the superior court of Cook 
county. 

7. The words "county office" or "county officer," an office to be filled 
or an officer to be voted for, by the qualified electors of the entire county ; 
members of the board of assessors and county commissioners of Cook 
county. 



312 ELECTIONS. 



8. The words "city office'^ and "village office," or "city officer' and 
"village officer/' an office to be filled or an officer to be voted for by the 
qualified electors of the entire city or village, as the case may be, in- 
cluding aldermen. 

9. The words "town office" or "town officer," an office to be filled or 
an officer to be voted for by the qualified electors of an entire town. 

10. The word "town," as used in this Act, shall be construed to mean 
an incorporated town. 

§ 6. A primary shall be held on the second Tuesday in April in 
every year in which a President of the United .States is to be elected, 
for the purpose of electing delegates and alternate delegates to National 
nominating conventions and for the purpose of securing an expression of 
the sentiment and will of the party voters with respect to candidates for 
nomination for the office of President of the United States. A primary 
shall be held on the first Wednesday after the second Tuesday in Septem- 
ber in every year in which officers are to be voted for on the first Tues- 
day after the first Monday in November of such year for the nomination 
of' candidates for such offices as are to be voted for at such November 
election. Whenever in this Act the term "April primary" or equivalent 
words shall -appear, such term or such words shall be construed to refer 
to and include the primary to be held on the first Wednesday after the 
second Tuesday in September as well as to the primary to be held on 
the second Tuesday in April. 

A primary shall be held on the last Tuesday in February in each year 
for the nomination of such officers as are to be voted for on the first 
Tuesday in April of such year. 

A primary shall be held on the second Tuesday in March in each year 
for the nomination of such officers as are to be voted for on the third 
Tuesday in April of such year. 

A primary for the nomination for all other officers, nominations for 
which are required to be made under the provisions of this Act, shall be 
held three weeks preceding the date of the general election for such 
offices respectively. 

The polls shall be open from 6 :00 o'clock a. m. to 5 :00 o'clock p. m. 

§ 8. The following committees shall constitute the central or mian- 
aging committees of each political party, viz: A State central com- 
mittee, a congressional committee for each congressional district, a 
county central committee for each county, a city central committee for 
each city or village, a precinct committee for each precinct, except pre- 
cincts within the limits of incorporated cities or villages having a popu- 
lation of two hundred, thousand (200,000) or over; and a ward com- 
mittee for each ward in such cities or villages having a population of two 
hundred thousand or over: Provided, hoioever, that nothing contained 
herein shall prevent a political party from electing or appointing in 
accordance with its practice other committees. 

§ 9. (1) The State central committee shall be composed of one 
member from each congressional district in the State and shall be elected 
as follows : 

At the September primary held in the year A. D. 1910, and at the 
April primary held every two years thereafter, each primary elector 



ELECTIONS. 313 



may vote for one candidate of his party for member of the State central 
committee for the congressional district in which he resides. The State 
central committee of each political party shall be composed of members 
elected from the several congressional districts of the State, as herein 
provided, and of no other person or persons whomsoever. The members 
of the State central committee shall, within thirty days after their elec- 
tion, meet in the city of Springfield and organize by electing from 
among their own number a chairman, and may at such time elect such 
officers from among their own number or otherwise, as they may deem 
necessary or expedient. The outgoing chairman of the State central 
committee of the party shall, ten days before the meeting, notify each 
member of the State central committee elected at the primary of the 
time and place of such meeting. 

(2) At the September primary held in September, A. D. 1910, and 
at the April primary held every two years thereafter, each primary 
elector may write or attach in the space left on the primary ballot for 
that purpose the name of one qualified elector of his party in the pre- 
cinct for member of his political party precinct committee. The one 
having the highest number of votes shall be such committeeman of such 
party for such precinct. In case of a tie the primary judges shall cast 
lots. The official returns of the primary judges shall show the name and 
address of the committeemen of each political party in the county: 
Provided J hoivever, the provisions of this sub-section two (2) of section 
nine (9) shall not apply to precincts within the territorial limits of an 
incorporated city or village having a population of two hundred thou- 
sand or over. 

(3) The county central committee of each political party shall con- 
sist of the members of various precinct committees and ward committees, 
if any, of such party in the county. In the organization and proceed- 
ings of the county central committee each precinct committeeman shall 
have one vote and. one additional vote for each fifty votes or major 
fraction thereof of his party cast in his precinct for Governor at the 
last general election; and each ward committeeman shall have one vote 
for each precinct in his ward and one additional vote for each fifty 
votes or major fraction thereof of his party cast in each precinct of his 
ward for Governor at the last general election. 

(4) The congressional committee of each political party shall be 
composed of the chairman of the county central committees of the coun- 
ties composing the congressional district, excepting that in congressional 
districts wholly within the territorial limits of one county, or wholly 
within the territorial limits of one county and partly within the terri- 
torial limits of another county, then the members of the precinct com- 
mittees of the party residing within the limits of the congressional 
district shall compose the congressional committee : 

Provided, however, that in congressional districts wholly within the 
territorial limits of an incorporated city or village having a population 
of two hundred thousand or over, or partly within the limits of such city 
or village and partly without the limits of such city or village, then the 



oli ELECTIONS. 



members of the precinct and ward committees of the party of the pre- 
cincts and wards within the limits of the congressional district shall 
compose the congressional committee. 

In the organization and proceedings of congressional committees, com- . 
posed in whole or in part of preciiict committeemen, each precinct com- 
mitteeman shall have one vote and one additional vote for each fifty 
votes or major fraction thereof of his party cast in his precinct for 
Grovernor at the last general election, and in the organization and pro- 
ceedings of congressional committees, composed in whole or in part of 
ward committeemen, each ward committeeman shall have one vote for 
each precinct in his ward, and one additional vote for each fifty votes 
or major fraction thereof of his party as cast in each precinct of his 
ward located in such congressional district for Governor at the last 
general election. 

(5) The city central committee of each political party shall be com- 
posed of the precinct committeemen of such party residing in such city, 
excepting that in incorporated cities or villages having a population of 
two hundred thousand or over, then the city central committee shall be 
composed of the ward committeemen residing within the territorial 
limits of such city or village, which said ward committeemen shall be 
elected at large in their respective wards. 

The word "ward" in this section shall be construed to mean a division 
for which aldermen are elected in such last mentioned cities or villages. 

(6) Each committee and its officers shall have the powers usually 
exercised by such committees and by the officers thereof, not inconsistent 
with the provisians of this Act. The several committees herein provided 
for shall not have power to delegate, any of their powers or functions to 
any other person, officer or committee, but this shall not be construed 
to prevent a committee frojn appointing from its own membership proper 
and necessary sub-committees, and particularly defining, by resolution, 
the duties of such sub-committees. 

(7 J The various political party committees now in existence are 
hereby recognized and shall exercise the powers and perform the duties 
herein prescribed until committeemen are chosen, in accordance with 
the provisions o.f this Act. 

§ 10. (a) On the first Monday next succeeding the April primary, 
the county central committee of each political party shall meet at the 
county seat of the proper county and proceed to organize by electing 
from its own number a chairman, and either from its own number, or 
otherwise, such other officers as said committee may deem necessary or 
expedient. Such meeting of the county central committee shall be known 
as the county convention. The county convention of each political party 
shall choose delegates to the congressional and State conventions af its 
party: Provided, only precinct and ward committeemen of the respect- 
ive precincts and wards within the limits of a congressional district shall 
participate in the selection ol delegates to a congressional convention: 
And, provided, further, that in the county convention that each of such 
precinct committeemen in the county convention shall have one vote 



ELECTIONS. 315 



and one additional vote foj each fifty votes or major fraction thereof of 
his party cast in his precinct for Governor at the last general election, 
and that each of such ward committeemen shall have one vote for each 
precinct in his ward and one additional vote for each fifty votes or major 
fraction thereof of his party cast in each precinct of his ward for 
Governor at the last general election. 

(b) All congressional conventions shall be held on the first Wednes- 
day after the first Monday next succeeding the April primary. The 
congressional convention of each political party shall have power to 
choose and select delegates and alternate delegates to, National nominat- 
ing conventions, and to recommend to the State convention of its party 
the nomination of candidate or candidates from such congressional 
district for elector o.r electors of President and Vice President of the 
United States. 

(c) All State conventions shall be held on the first Friday after the 
first Monday next succeeding the April primary. The State convention 
of each political party shall have power to make nominations of candi- 
dates for the electors of President and Vice President of the United 
States and for trustees of the University of Illinois, and to adopt any 
party platform. 

(d) Each convention may perform all other functions inherent to 
such political organization and not inconsistent with this Act. 

(e) At least thirty-three (33) days before the April primary the 
State and congressional committee, respectively of each political party 
shall file in the office o.f the county clerk in each county of the State, or 
in each county of the congressional district, a call for the State and 
congressional conventions. Said call shall state, among other things, 
the time and place (designating the building or hall) for holding the 
State and congressional conventions, respectively, the total number of 
delegates which shall compose each of said conventions, and the call for 
State conventions shall state, among other things, the number of 
delegates to which each county is entitled in the State convention; and 
the call for the congressional convention shall state, among other things, 
the number of delegates to which each county or political subdivision 
of any county, as the case may be, is entitled to in the congressional 
convention. Such call shall be signed by the chairman and attested by 
the secretary of the respective committees. 

§ 27. The tally sheets for each political party participating in the 
primary election shall be substantially in the following form: 

"Tally sheets for (name of political party) for 

the. .,....• precinct, in the county of , for 

a primary held on the day of , A. D " 

The names of candidates for nomination and for State central com- 
mitteemen, and precinct or ward committeemen, and delegate and 
alternate delegate to National nominating conventions, shall be placed 
on the tally sheets of each political party by the primary clerks in the 
order in which they appear on the ballot. 



316 



ELECTIONS. 



§ 28. The name of no candidate for nomination, or State central 
committeeman, or ward committeeman, or candidate for delegate or 
alternate delegate to National nominating conventions, shall he printed 
upon the primary ballot unless a petition for nomination shall have been 
filed in his behalf as provided in this Act in substantially the following 
form : 

"We, the undersigned, members of and affiliated with the 

party and qualified primary electors of said party, in 

the of , in the county of and 

State of Illinois, da hereby jDetition that the following named person 

or persons shall be a candidate or candidates of the party 

for the nomination for the office or offices hereinafter specified, to be 

voted for at the primarv election held on the day of , 

A. D- 



Name. 


■ 
Office. 


Address. 


Join Jones 


Governor 


Belvidere, Illinois. 


Thomas Smith 


Attorney General 


Oakland, Illinois. 



Name. 



Address . 



ss. 



State of Illinois, 

County. 

I, , do hereby certify that I am upwards 

of the age of twenty-one years, that I reside at No street, 

in the of county of and 

State of Illinois, and that the signatures on this sheet were signed in 
my presence, and are genuine, and that to the best of my knowledge and 
belief the persons so signing were at the time of signing said petitions 

qualified voters of the. party, and that their respective 

residences are correctlv stated, as above set forth. 



Subscribed and sworn to before me this day of . 

A. D 



Such petitions shall consist of sheets of uniform size, and each sheet 
shall contain above the space for signatures an appropriate heading giving 
the information as to name of candidate or candidates, in whose b.ehalf 
such petition is signed; the office, the political party represented, place 
of residence, and such other information or wording as required to make 
the same valid; and the heading of each sheet shall be the same. Such 
petition shall be signed by qualified primary electors residing in the 
political division for which the nomination is sought in their own proper 
persons only, and opposite the signature of each signer, his residence 
address shall be written (and if a resident of a city having a population 



ELECTIONS. 317 



of over 10,000 by the then last preceding federal census, the street 
number of such residence shall be given).- At the bottom of each sheet 
of such petition shall be added a statement, signed by an adult resident 
of the political division for which the candidate is seeking a nomina- 
tion, stating his residence address (and if a resident of a city having a 
population of over 10,000 by the then last preceding federal census, also 
stating the street and number of such residence) certifying that the 
signatures on that sheet of said petition were signed in his presence, and 
are genuine ; and that to. the best of his knowledge and belief the persons 
so signing were at the time of signing said petitions qualified voters of 
the political party for which a nomination is sought. Such statement 
shall be sworn to before some officer of the county, in which the person 
making such statement resides, authorized to administer the o.aths 
therein. Such sheets before being filed, shall be neatly fastened together 
in book form, by placing the sheets in a pile and fastening them together 
at one edge in a secure and suitable manner, and the sheets shall then be 
numbered consecutively. The sheets shall not be fastened by pasting 
them together end to end, so as to form a continuous strip or roll. Said 
petitioji, when filed, shall not be withdrawn or added to, and no signa- 
tures shall be revoked except by revocation filed in writing with the 
•clerk or other proper officer with whom the petition is required to be 
filed, and before the filing of such petition. Whoever, in making the 
sworn statement above prescribed, shall knowingly, wilfully, and cor- 
ruptly swear falsely, shall be deemed guilty of perjury, and on convic- 
tion thereof, shall be punished accordingly. Whoever forges the name 
■of a signer upon any petition required by this Act, shall be deemed guilty 
of a forgery, and on conviction thereof shall be punished accordingly. 

Petitions of candidates for nominations for offices herein specified, to 
be filed with the same officer, may contain the names of two or more 
■candidates of the same political party for the same or different offices. 

Such petitions for nominations shall be signed : 

(a) If for a State office, by not less than one thousand (1,000) nor 
more than two thousand (2,000) primary electors of his party; 

(b) If for a congressional office, by at least one-half of one jaer cent 
■of the qualified j)riniary electors of his party in his congressional dis- 
trict, as the case may be ; 

(c) If for a judicial office, by at least one-half of one per cent of 
ihe qualified primary electors of liis party in the district or division for 
which the nomination is made. 

(d) If for a county office, by at least one-half of one per cent of the 
■qualified electors of his party cast at the last preceding general election 
in his county : Provided, that if for the nomination for county commis- 
sioner of Cook county, then by at least one-half of one per cent of the 
qualified primary electors of his party in his county in the district or 
■division in which such person is a candidate for nomination. 

(e) If for a city or village office to be filled by the electors of the 
■entire city or village, by at least one-half of one per cent of the qualified 
primary electors of his party in his city or village; if for alderman, by 
at least one-half of one per cent of the voters of his party of his ward. 



)18 , ELECTIONS. 



(f) If for State central committeeman, by at least one hundred 
(100) of the primary electors of his party of his congressional district. 

(g) If for a candidate for trustee of a sanitary district, by at least 
one-half of one per cent of the primary electors of his party, from such 
sanitary district. 

(h) If for a candidate for clerk of the Appellate Court, by at least 
one-half of one ^^er cent of the primary electors of his party of the 
district. 

(i) If f»r a candidate for ward committeeman, by at least one-half 
of one per cent of the primary electors of his party of his ward. 

(j) If for any other office, by at least ten (10) primary electors of 
his ptirty of the district or division for which nomination is made. 

§ 29. Any candidate for President of the United States may have 
his name printed upon the primary ballot of his political party by filing 
in the office of the Secretary of State not less than forty (40) days 
prior to the date of the April primary, in any year, a petition signed 
by not less than three thousand (3,000) nor more than five thousand 
(5,000) primary electors, members of and affiliated with the party of 
which he is a candidate, and no candidate for President of the United 
States, who fails to comply with the provisions of this Act shall have his 
name printed upon any primary ballot : Provided, that the vote for 
President of the United States, as herein provided for, shall be for the 
sole purpose of securing an expression of the sentiment and will of the 
party voters with respect to candidates for nomination for said office, 
and the vote of the State at large shall be taken and considered as 
advisory to the delegates and alternates at large to the National conven- 
tions of respective political parties ; and the vote of the respective con- 
gressional districts shall be taken and considered as advisory to the 
delegates and alternates of said congressional districts to the National 
conventions of the respective political parties. 

§ 30. All petitions for nominations shall be filed as follows : 

1. Where the nomination is to be made for a State, congressional, 
judicial or appellate court office, or for any office a nomination for which 
is made for a territorial division or district which comprises more than 
one county or is partly in one county and partly in another county or 
counties, then such petition for nomination shall be filed in the office of 
the Secretary of State not more than sixty (60) and not less than forty 
(40) days prior to the date of the primary. 

2. Where the nomination is to be made for a county office, trustee 
of a sanitary district (except clerk of the appellate court of the first 
district) or ward committeeman, then such petition shall be filed in the 
office of the county clerk not more than sixty (60) nor less than forty 
(40) days prior to the date of the primary. 

3. Where the nomination is to be made for an office to be filled by 
the electors of an entire city or village, including aldermen, such 



ELECTIONS. 319 



petitions for nomination shall be filed in the office of the city or village 
clerk not for more than thirty (30) nor less than twenty (30) days prior 
to the date of the primary. 

4. Where the nomination is to be made for an office to be filled by 
the electors of a town, then such petition for nomination shall be filed 
in the office of the town clerk not more than thirty (30) and not less 
than twenty (30) days prior to the date of the primary. 

5. The petitions of candidates for State central committeeman shall 
be filed in the office of the Secretary of State not more than sixty (60) 
and not less than forty (40) days prior to the date of the primary. 

6. The Secretary of State and the various clerks with whom such 
petitions for nominations are filed shall endorse thereon the day and 
hour on which each petition was filed. 

7. Any person for whom a petition for nomination for committee- 
man has been filed may cause his name to be withdrawn by requiest in 
writing, signed by him and duly acknowledged before an officer qualified 
to take acknowledgements of deeds, and filed in the office of the Secre- 
tary of State not less than thirty-five (35) days, or with the proper clerk 
not less than twenty (30) days prior to the date of the primary, and no 
names so withdrawn shall be certified by the Secretary of State to the 
county clerk, or printed on the primary ballot'. 

8. Each person seeking to be elected as delegate or alternate delegate 
to the National nominating convention of his party shall file, along with 
his nominating petition, a statement in writing signed by him in which 
he shall state the name of the candidate of his choice for nomination for 
President of the United States, or, in lieu thereof, may file a statement 
to the effect that he has no preference for candidates for President of 
the United States. The Secretary of State shall not permit a petition of 
a candidate for delegate or alternate delegate to the National nominating 
convention to be filed unless accompanied by the statement required in 
paragraph 8 of this section. Any candidate for President of the United 
States for whom a preference is stated by any candidate for delegate or 
alternate delegate to a nominating convention, may, at any time after 
the filing of such petition and before the name of such candidate for 
delegate or alternate delegate to a National nominating convention is 
certified to the various county clerks for printing, file in the office of the 
Secretary of State an instrument in writing disavowing the candidac}' 
of the person who has so filed a nominating petition for delegate or 
alternate delegate to a National nominating convention and in case such 
candidate for President of the United States shall disavow the candi- 
dacy of the candidate for delegate or alternate delegate, as aforesaid, the 
name of such candidate for delegate or alternate delegate so disavowed 
shall not be certified to the various county clerks for printing upon the 
official primary ballot. 

§ 31. Not less than thirty (30) days prior to the date of the 
primary the Secretary of State shall certify to the county clerk of each 
county the names of all candidates for President of the United States, 
and of all candidates for members of the State central committee, and 
of all candidates for delegates and alternate delegates to National nomin- 



320 ELECTIONS. 



ating conventions, and of all candidates for nomination for all offices, as 
specified in the petition for nomination on file in his office, which are to be 
voted for in such county, stating in such certificates the political affilia- 
tion of each candidate for nomination or for committeemen, as specified 
in said petition. 

The Secretary of State shall, in his certificate to the county clerk, 
certify to said county clerk the names of the offices and the names of 
the candidates in the order in which said offices and said names (except 
the names of candidates for State officers) shall appear upon the primary 
ballot, said names (except the names of candidates for State offices) to 
appear in the order in which petitions shall have been filed in his office, 
except as otherwise provided in this Act. 

The names of candidates for State offices shall be certified in the man- 
ner following: 

The Secretary of State shall certify to the county clerk of each county 
of each and every senatorial district, beginning with the first senatorial 
district, the names of candidates for State offices in the order in which 
such names shall appear upon the official primary ballot, in each and 
every precinct of such senatorial district. In making his certificate to 
the county clerk of the county or counties in which the first senatorial 
district is located, the Secretary of State shall certify to such county 
clerk or county clerks the names of the offices, and the names of the 
candidates for said offices in alphabetical order of the first letters of the 
surname of such candidate. In certifying the names of candidates for 
State offices to the county clerk or county clerks of the counties com- 
posing the second senatorial district, the Secretary of State shall certify 
the name of the candidate under each office as first which was second in 
the first senatorial district, and the name of the candidate which was 
first in the first senatorial district shall be certified as last in the second 
senatorial district. In certifying the names of candidates for State 
offices to the county clerk or county clerks of the counties composing the 
third senatorial district, the Secretary of State shall certify the name of 
the candidate under each office as first which was second in the second 
senatorial district, and the name of the candidate which was first in the 
second senatorial district shall be certified as last in the third senatorial 
district. The same procedure shall be followed by the Secretary of 
State in certifying the names of candidates for State offices to the several 
county clerks of the several senatorial districts of the State, the intent 
being that the names of candidates for such [each] of the State offices 
shall be rotated by senatorial districts. 

In his certificate to the county clerk, the Secretary of State shall, 
below the name of each candidate for delegate and alternate delegate to 
ISTational nominating conventions, insert the name of the candidate for 
President of the United States for whom such delegate or alternate dele- 
gate has specified his choice in accordance with his statement on file in 
the office of the Secretary of State, or, in case such candidate for delegate 
or alternate delegate has not indicated any choice, or preference, the 
Secretary of State, in his certificate, under the name of such candidate 
for delegate or alternate delegate shall print tbe words "Xo preference."" 



ELECTIONS. 321 



Not less than twenty-eight (28) days prior to the date of the primary, 
the couDty clerk shall certify to the board of election commissioners, if 
there be any such board in his county, the names of all candidates so 
certified to him by the Secretary of State, together with the list of the 
names of all other candidates in whose behalf petitions have been filed 
in his office and in the order so filed. And not less than twenty-eight 
(28) days prior to the date of the primary the city or town clerk, as 
the case may be, shall also certify to such board the names of all candi- 
dates in whose behalf petitions have been filed in the office of such city 
clerk or town clerk, as the case may be, and in the order so filed. 

§ 35. The primary ballot of each political party for each precinct 
shall be arranged and printed substantially in the manner following: 

1. At the top of the ballot shall be printed in large capital letters, 
words designating the ballot — if a Eepublican ballot, the designating 
words shall be: ''EEPUBLICAK PEIMARY BALLOT;" if a Demo- 
cratic ballot the designating words shall be, "DEMOCRATIC PEI- 
MARY BALLOT;" and in like manner for each political party. 

2. Beginning not less than one inch below designating words, the 
name of each office to be filled shall be printed in capital letters and in 
the following order, to wit : President of the United States, State offices, 
congressional offices, judicial offices, clerks of the appellate courts, mem- 
bers of the State central committee, trustees of sanitary districts, county 
offices, city and village offices, town offices, or of such of the said offices 
as candidates are to be nominated for at such primary, and ward com- 
mitteemen. 

Below the name of each office shall be printed in small letters the direc- 
tions to voters : "Vote for one ;" "Vote for two ;" '^ote for three ;" or 
a spelled number designating how many persons under that head are to 
be voted for. 

Below the name of each office shall be printed in capital letters the 
names of all candidates, arranged in the order in which their petitions 
for nomination were filed, except as otherwise provided in section 33 of 
this Act, for the nomination for said offices which are entitled to be 
placed upon the respective party primary ballot. Below the name of each 
candidate for delegate and alternate delegate to National nominating 
conventions shall [be] print [ed] the name of the candidate for President 
of the United States for whom such delegate or alternate delegate has 
expressed a preference, or if no choice has been expressed shall be printed 
the words "No preference." The names of all candidates upon the pri- 
mary ballot shall be printed in a column. Immediately opposite and in 
front of the name of each candidate shall be printed a square and all 
squares upon the primary ballot shall be of uniform size. Spaces between 
the names of candidates under each office shall be uniform and suffi- 
cient spaces shall separate the names of candidates for one office from the 
names of candidates for another office, to avoid confusion. 

(3) At the bottom of the primary ballot and under the heading, "For 
precinct committeeman," a space sufficiently large shall be left in which 

—21 L 



322 ELECTIONS. 



the primary electors may write or attach the name of one primary elector 
of his party in the precinct as his choice. for precinct committeeman. 
No square need be placed in front pf the name of the person voted for for 
precinct committeeman: Provided^ lioicever, the provisions of this sub- 
section three (3) of section 35;, shall not apply to precincts within the 
territorial limits of an incorporated city or village having a population 
of two hundred thousand (200^000) or over. 

§ 43. Ever}^ person having resided in this State one year, in the 
county ninety days, and in the precinct thirty days next preceding any 
primary therein, who was an elector in this State on the first day of 
April in the year of our Lord 1848, or obtained a certificate of naturali- 
zation before any court of record in this State prior to the first day of 
January in the year of our Lord 1870, or who shall be a male citizen of 
the United States above the age of twenty-one years, shall be entitled to 
vote at such primary : Provided, however, that all women, citizens of the 
United States, above the age of twenty-one years, having resided in the 
State one 3^ear, in the county ninety days, and in the election district 
thirty days, next preceding any primary election held therein, may vote 
at such primar}^ for the nomination of candidates for such offices as such 
women may vote for at the election for which such primary is held. 

Separate ballot boxes and ballots shall be providecl for women, which' 
ballots shall contain the names of candidates for nomination for such 
oflBces which are to be voted for. 

The following regulations shall be applicable to primaries : 
No person shall be entitled to vote at a primary : 

(a) Unless he declares his party affiliations as required by this Act; 

(b) Who shall have signed the petition for nomination of a candidate 
of any party with which he does not affiliate, when such candidate is to 
be voted for at the primary ; 

(c) Who shall have signed the nominating papers of an independent 
candidate for any office for which office candidates for nomination are 
to be voted for at such primary ; or 

(d) If he shall have voted at a primary held under this Act of an- 
other political party within a period of two years next preceding such 
primary : Provided, participation by a primary elector in a primary of a 
political party which under the provisions of section 2 of this Act, is a 
political party within a city only and entitled hereunder to make nomi- 
nations of candidates for city offices only and for no other office or offi- 
ces, shall not disqualify such primary elector from participating in other 
primaries of his party: And, provided, that no qualified voter shall be 
precluded from participating in the primary of any purely city, village 
or town political party under the provisions of section 2 of this Act, by 
reason of such voter having voted within two years at the primary of 
another political party. 

In cities having a board of election commissioners, the following addi- 
tional regulations shall be applicable : 

In such cities only voters, registered as herein provided, shall be en- 
titled to vote at such primary. The registration books prepared for and 



ELECTIONS. 323 



used at the election then next preceding shall he used for the primary, 
and any person therein registered shall be entitled to vote at the pri- 
mary unless he shall have removed from the election precinct or be- 
come otherwise disqualified. In any such city having a population of 
less than 200,000 any person whose name does not appear on the regis- 
try books who is, or shall, at or before the primary, become a primary 
elector of the precinct in which he desires to vote, shall be entitled to 
vote at such primary by filing, or causing to be filed, with the board of 
election commissioners, twenty days prior to a primary, an affidavit, or 
affirmation, specifying the facts, showing that on the date of such pri- 
mary he will be a legally qualified primary elector in the precinct in 
which he desires to vote. 

Such affidavit, or affirmation, for registration, shall state the name 
of the applicant, the place and date of his nativity, the term of his 
residence at his then present address, in the precinct, county. State and 
United States, the fact of his naturalization, if the applicant is a nat- 
uralized citizen, specifying the court, if known, or, if not known, the 
city in which the court was held where such citizen was naturalized, and 
the residence, when last registered, if the applicant was previously 
registered. It shall be the duty of the board of election commissioners 
to prepare proper forms of such affidavit, or affirmation. 

Upon the filing of such affidavit, or affirmation, the board of elec- 
tion commissioners shall place the iname of such primary electors, in 
the original registration books for the proper precinct, specifying the 
precinct from which he is transferred, if previously registered in an- 
other precinct, and shall also make a minute opposite his name in the 
original registration books of the precinct from which he has removed, 
showing the precinct to which his name is transferred, or, as the case 
may be, shall add the name of such primary elector in the original 
registration books for the proper precinct and the reason of the regis- 
tration thereof. 

At least five days prior to the date of the primary, the board of elec- 
tion commissioners shall cause to be posted at each polling place in each 
precinct, in a book substantially in the form now used for "verification 
lists" under the general election laws of this State, the name and ad- 
dress of each primary elector who has been registered for the primary 
by having filed an affidavit, or affirmation, as above set forth. 

In any such city having a population of 200,000 or more, the said 
registration books shall be revised three weeks preceding such primary 
under the direction of such board of election commissioners in the same 
manner as is now provided by law for intermediate registration in cities 
having boards of election commissioners. 

Any primary elector of a precinct may, on the eleventh and twelfth 
days immediately preceding the primary, file with the board of election 
commissioners an application, signed and sworn to by him, requesting 
the name of a person registered on the registration books as herein pro- 
vided, shall be erased therefrom, for the reason that such person so 



334 ELECTIONS. 



registered is not, or will not on or before the clay of the primary, be 
a legal primary elector of the precinct, which application shall be in 
substance, in the words and figures following: 

"I, , do hereby solemnly swear (or affirm) that I 

am informed and believe that is not a qualified voter 

in the precinct of the ward of the city (village or 

town) of , and that said will 

not be a qualified voter of such precinct and ward on the day of 

, A. D , and hence ask that his name be erased 

from the registers of such precinct." 

Notice of such application with a demand to appear and show cause 
why such name should not be erased, shall thereupon be given to such 
person by the board of election commissioners. Such notice shall be 
served upon such person personally, or left at the place of residence 
named in such registration books, and a copy thereof shall be sent by 
mail, postage prepaid, at least two days before the day fixed to show 
cause, addressed to the person whose right to vote is challenged, at the 
address given in such registration books. In case personal service can- 
not be had, the return of the board of election commissioners shall so 
state and the reason therefor. 

On Monday, Tuesday and Wednesday next preceding the primary, 
the board of election commissioners shall sit to hear such application 
by wards and precincts in the numerical order. At the request of either 
party, subpoenas shall be issued, and witnesses may be sworn and heard 
upon such hearing. Each person appearing 'in response to an appli- 
cation to erase a name shall subscribe and swear to an answer in the 
presence of a member of the board of election commissioners, sub- 
stantially in the following form: 

"1, , do solemnly swear that I am a citizen of the 

United States; that I hav[e] resided in the State of Illinois since the 

day of A. D , and in the county 

, said State, since the day of , 

A. D , and in the precinct of the ward, 

in the city of , said county and State, since the 

day of , A. D ; and that I am years 

of age; that I am the identical person registered in said precinct for. 
the primary under the name I subscribe hereto." 

Such answer shall be filed with the board of election commissioners. 

The decision on each application shall be announced at once after 
hearing, and where such application is allowed, such name shall be 
erased forthwith. 

The county court of the county in which such city is situated shall 
on Friday and Saturday of the week prior to the week in which such 
primary is to be held, especially sit to hear such application as may 
be made to it by persons whose names have been stricken from the 
registry list as above provided. Such application shall be sworn to and 
shall state that the board of election commissioners has stricken such 
name from the registry list. Such application shall be heard sum- 



ELECTIONS. 325 



marily and evidence may be introduced for or against such application. 
Each case shall be decided at once on hearing, and the clerk of the court 
shall make a minute of the disposition of each application. A copy 
of such minute shall at once be given to such board of election commis- 
sioners, and, when such minute indicates that the name of the applicant 
shall be restored to the registry, the board of election commissioners 
shall forthwith cause such name to be placed upon the appropriate 
register, and indicate that it was entered by order of court. 

In case such county court shall refuse such application, an order 
shall be entered accordingly on the Monday following the session of 
court held for the purpose aforesaid, and any person desiring to appeal 
from the said order may appeal to the Supreme Court of the State, if 
application be ma